Agenda 09/23/2014 Item #16D 19/23/2014 16.D.1.
EXECUTIVE SUMMARY
Recommendation to authorize a budget amendment for the U.S. Department of Housing and Urban
Development (HUD) Fiscal Year 2014 -15 in the amount of $2,945,603 budget entitlements as
approved in the HUD Annual Action Plan and approve the standard HUD entitlement agreements
upon arrival; approve eight substantial amendments and nine subrecipient agreements associated
with the FY 2014 -15 Action Plan, and one agreement amendment to the FY 2013 -14 HUD Annual
Action Plan; all for the Community Development Block Grant, HOME Investment Partnership and
Emergency Solution Grant programs.
OBJECTIVE: To expend federal funds to assist the citizens of Collier County.
CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) offers
entitlement funds to allow local governments to meet program - specific community needs. Entitlement
programs include Community Development Block Grant (CDBG), which funds a wide variety of projects
such as acquisition, public services, public amenities, and rehabilitation; HOME Investment Partnership
(HOME), which funds new construction and rehabilitation of single and multi- family projects; and the
Emergency Solutions Grant (ESG), which funds homeless programs. The executive summary addresses
four related actions.
Action 1: Approve the FY 2014 -15 budget amendment for CDBG, HOME, and ESG and authorize the
Chairman to sign the standard HUD entitlement agreements upon arrival.
The FY 2014 -2015 Annual Action Plan was approved by the Board at the June 24, 2014 meeting (Item
16D8) and the funding is:
FL- FY]4 -15 Allocations
NAME
CDBG14
flOME14
TOTAL
Collier County
$2,105,561
$501,110
$163,440
$2,770,111
City of Naples
$91,185
$0
$0
$ 91,185
City of Marco Island (FY13)
$84,307
$0
$0
$ 84,307
Total
$2,281,053
$501,110
$163,440
$2,945,603
Content current as of August 5, 2014
The Housing & Human Services (HHS) Department operates its Federal grant cycle from October l to
September 30 to coincide with the County's budget year. Staff salaries are an eligible expense under the
administrative portion of the grant funding, and those funds are the primary funding source used to
support HHS staff that administers the CDBG, HOME and ESG funds to the subrecipients. HUD funds
are available October 1, 2014, but due to HUD's internal administrative process the entitlement
agreements will not be prepared and sent to the County before the beginning of the fiscal year. Approval
of this item, will allow staff to draw down these funds for administration.
This agenda item also authorizes the Chairman to sign the associated HUD entitlement agreements and
certifications at a later date without further Board action. These are standard agreements that do not
provide for adjustment; they are standard HUD forms. Each HUD entitlement agreement will be reviewed
by the County Attorney's Office for legal sufficiency. The effective impact of this action is to have
administrative funds available October 1, 2014 to operate the program until the agreements are signed,
and also to accept the funding officially when the HUD acceptance forms are provided. Should the Board
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of County Commissioners (BCC) decide not to sign the HUD entitlement agreements and certifications
when received from HUD, general funds must be used to reimburse HUD for federal funds expended.
Action 2: Approve eight substantial amendments to approved Action Plans.
As is required by HUD regulations and the Five -Year HUD Consolidated Plan Citizen Participation Plan,
a substantial amendment is proposed to amend projects previously approved. The Board approved the FY
2013 -14 HUD Action Plan at an in absentia Board meeting on August 13, 201' ) (Item 411A) and ratified
at a regular Board meeting on September 10, 2013 (Item #16F1). The FY 2014 -15 HUD Annual Action
Plan was approved by the Board at the June 24, 2014 meeting (Item 416D8).
The following substantial amendment changes are proposed to the FY2013 -2014 HUD Annual Action
Plan (in all areas where the project description is referenced):
The Shelter for Abused Women and Children (ESG): add eligible activities to include phone and
internet, insurance cost necessary for the operation of the emergency shelter, security system
expenses, and food to be purchased and provided for the persons to be served.
The following substantial amendment changes are proposed to the FY2014 -2015 HUD Annual Action
Plan (in all areas where the project description is referenced):
The Shelter for Abused Women and Children (ESG): add eligible activities to include phone and
internet, insurance cost necessary for the operation of the emergency shelter, security system
expenses, and food to be purchased and provided for the persons to be served.
Habitat for Humanity — Re -roof project (CDBG): Allow for repair and replacement of roofs, and
strike all references to funding the replacements "within specific Census tracts identified as Low
Moderate Areas."
Legal Aid Services of Collier County (CDBG): Modify the project description to read as follows
Fund 1 FT attorney, 1 PT attorney and 1 FT paralegal to provide legal services to victims of
domestic violence, sexual assault, dating violence, repeat violence, child abuse, elder abuse and
other abuses, and conduct outreach sessions. Also reduce the number of beneficiaries from 250 to
166.
David Lawrence Center — Benefits Program (CDBG): Reduce the number of beneficiaries from
400 to 300.
The Shelter for Abused Women and Children — Improvements (CDBG): Add fencing to the
project description and modify the project sheet to define as a Public Facilities project with one
beneficiary.
Community Assistance and Supportive Living — Rehabilitation (HOME): Remove all references
to funding an environmental review.
Purchase Assistance (CDBG): Add language (new project) - Allow staff to reprogram up to
$150,000 unallocated CDBG funds. This will become an annual project that will provide
purchase assistance as projects complete under budget or otherwise do not move forward, without
a substantial plan amendment and without additional Board approval. This allows funds to
continue to be allocated and spent in order to meet the timeliness requirement.
The required substantial amendment advertisement notice was published in the Naples Daily News on
August 22, 2014. The advertisement identified a 30 -day public comment period from August 22, 2014 to
September 22, 2014. As of the date of agenda preparation, no comments have been received.
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Action 3: Approve and execute nine subrecipient agreements as noted below:
Subrecipient
Funding
Amount
Brief Project Description*
CDBG
Habitat for Humanity
$240,000
Roof repair and replacement
United Cerebral Palsy of SW Florida
$24,458
Transportation services
Legal Aid Service of Collier County
$72,100
Legal services
Habitat for Humanity
$500,000
Legacy Lakes road improvements
David Lawrence Center
$89,802
1 Community access program
Grace Place for Children and Families
$300,000
Campus expansion
The Shelter for Abused Women and Children
$150,000
Shelter improvements
HOME
Community Assisted Supportive Livin $60,000 Rehabilitation
ESG
The Shelter for Abused Women and Children 1 $98,064 Shelter operations
* A more specific project description is outlined in the subrecipient's agreement - Section I. Scope of Services.
Staff has completed a compatibility analysis between the Consolidated Plan; the subrecipients grant
application and amendments, the FY 2013 -14 and FY 2014 -15 Action Plans, as amended, the priority
needs category and the subrecipient's scope of work. Staff confirms that the projects are compliant with
the Consolidated Plan and the FY 2013 -14 and FY 2014 -15 HUD Annual Action Plans. Board approval
of the subrecipient agreements confirms the basis upon which payment is to be made; only to change
thereafter by Board approved substantial amendment and /or contract amendment, if needed.
HHS is requesting the Board authorize the Chairman to execute the subrecipient agreements at the same
time as signing the HUD entitlement agreements noted in action 2. The agreements will be effective on
the date signed, but as allowed per federal regulations, eligible expenditures will be reimbursed from
October 1, 2014. No federal funds will be reimbursed for any subrecipient agreement until the HUD
entitlement agreements and the associated subrecipient agreements are signed by the Board Chairman and
the subrecipient receives a notice to proceed.
Action 4: Approve an agreement amendment to the FY 2013 -14 agreement with The Shelter for Abused
Women and Children (ESG)
A substantial amendment identified above references changes to the project scope for the FY 2013 -14
ESG agreement with The Shelter for Abused Women and Children. The project scope is proposed as
follows (words stnaek thf,,..b,, are deleted; words underlined are added):
Fund salary support of Security Coordinator, utilities and include phone and internet,
insurance cost necessary for the operation of the emergency shelter, security system expenses,
and food to be purchased and provided for the persons to be served in order to operate the Shelter
to serve abused women and children
FISCAL IMPACT: The FY 2014 -2015 HUD entitlement agreements totaling $2,945,603 will allow
HHS to administer, implement, and monitor the projects outlined in the FY 2014 -2015 Annual Action
Plan. Cost associated with grant administration and staffing is primarily covered by the entitlement
funding. Approximately $3,500 of General Fund (123), Project No. 32001 will supplement the
administration of the ESG grant. The funding source for these grant awards are the CDBG, HOME and
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ESG. These projects are budgeted in the Housing Grants Fund (705) for Project No. 33364 (CDBG
Grants), Project No. 33365 (HOME Grants) and Project No. 33366 (ESG Grants).
ESG requires a 100% match or $163,440. Since HHS will only retain the maximum administrative
allowance, the majority of the required match will be passed onto subrecipients as a condition of award
totaling $151,182. The balance of $12,258.00 will be met directly by HHS for the administrative
allowance retained by the County through the value of in -kind for General Fund support services. The
HOME grant requires a 25% match on program activities or an amount of $112,750 will be passed on to
subrecipients as a condition of award.
Funds are available in the Housing Grants Fund (705) for the subrecipient agreements.
Subreci Tent
Funding Source
Fundine Year
Habitat for Humanity - Roof
Housing Fund: CDBG
Proj ect:33176
FY2011 -2012
Pro' ect: 33364
FY2014 -2015
United Cerebral Palsy of Southwest Florida
Housing Fund: CDBG
Project: 33364
FY2014 -2015
Legal Aid Service of Collier County
Housing Fund: CDBG
Pro' ect: 33364
FY2014 -2015
Habitat for Humanity — Legacy Lakes
Housing Fund: CDBG
Pro' ect: 33364
FY2014 -2015
David Lawrence Center
Housing Fund: CDBG
Project: 33364
FY2014 -2015
Grace Place for Children and Families
Housing Fund: CDBG
Project: 33364
FY2014 -2015
The Shelter for Abused Women and Children
Housing Fund: CDBG
Proj ect:33176
FY2011 -2012
Project: 33364
FY2014 -2015
Community Assisted Supportive Living
Housing Fund: HOME
Project: 33365
FY2014 -2015
The Shelter for Abused Women and Children
Housing Fund: ESG
Project: 33366
FY2014 -2015
LEGAL CONSIDERATIONS: The HUD entitlement grant agreements and certifications will be
approved for form and legality only if substantially identical to documents received in past years from
HUD. Accordingly, this item is approved as to form and legality and requires a majority vote for
approval. - JAB
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: To authorize the necessary budget amendment for the HUD Fiscal Year 2014-
2015 $2,945,603 budget as approved in the HUD Annual Action Plan and authorize the Chairman to sign
the standard HUD entitlement agreements upon arrival; approve seven substantial amendment and nine
subrecipient agreements associated with the FY 2014 -2015 HUD Annual Action Plan, and one
subrecipient agreement amendment to the FY 2013 -2014 HUD Annual Action Plan; all for the CDBG,
HOME and ESG programs.
Prepared By: Elly Soto McKuen, Grant and Housing Coordinator; Housing, Human and Veteran Services
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16. D. 16. D. 1.
Item Summary: Recommendation to authorize a budget amendment for°the U.S.
Department of Housing and Urban Development (HUD) Fiscal Year 2014 -15 in the amount of
$2,945,603 budget entitlements as approved in the HUD Annual Action Plan and approve the
standard HUD entitlement agreements upon arrival; approve eight substantial amendments
and nine subrecipient agreements associated with the FY 2014 -15 Action Plan, and one
agreement amendment to the FY 2013 -14 HUD Annual Action Plan; all for the Community
Development Block Grant, HOME Investment Partnership and Emergency Solution Grant
programs.
Meeting Date: 9/23/2014
Prepared By
Name: McKuenElly
Title: Grants Coordinator, Housing, Human & Veteran Services
8/2/2014 1:55:06 PM
Submitted by
Title: Grants Coordinator, Housing, Human & Veteran Services
Name: McKuenElly
8/2/2014 1:55:07 PM
Approved By
Name: GrantKimberley
Title: Director - Housing, Human and Veteran S, Housing, Human & Veteran Services
Date: 9/6/2014 6:51:52 PM
Name: SonntagKristi
Title: Manager - Federal /State Grants Operation, Housing, Human & Veteran Services
Date: 9/8/2014 10:49:42 AM
Name: Bendisa Marku
Title: Supervisor - Accounting, Housing, Human & Veteran Services
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Date: 9/9/2014 9:49:32 AM
9/23/2014 16.D.1.
Name: MesaNancy
Title: Accountant, Housing, Human & Veteran Services
Date: 9/10/2014 9:13:56 AM
Name: AlonsoHailey
Title: Operations Analyst, Public Services Division
Date: 9/10/2014 9:23:25 AM
Name: TownsendAmanda
Title: Director - Operations Support, Public Services Division
Date: 9/11/2014 1:07:41 PM
Name: RobinsonErica
Title: Accountant, Senior, Grants Management Office
Date: 9/15/2014 10:20:52 AM
Name: CarnellSteve
Title: Administrator - Public Services, Public Services Division
Date: 9/15/2014 5:26:19 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 9/17/2014 10:48:13 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/17/2014 1:07:51 PM
Name: StanleyTherese
Title: Manager - Grants Compliance, Grants Management Office
Date: 9/18/2014 9:31:37 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/18/2014 9:38:35 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 9/18/2014 10:01:33 AM
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Grant # - E- 14- UC- 12 -0024E
CFDA/CSFA# - 14.231
Subrecipient — The Shelter for Abused
Women and Children, Inc.
DUNS # - 836680769
IDIS# ESG14 -01
FEID # - 59- 2752895
FY End 06/30
Monitoring Deadline 11/2015
AGREEMENT BETWEEN COLLIER COUNTY
AND
THE SHELTER FOR ABUSED WOMEN AND CHILDREN, INC.
THIS AGREEMENT is made and entered into this day of , 2015, 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 "THE SHELTER FOR ABUSED
WOMEN AND CHILDREN, INC. ", a private not - for - profit corporation existing under the laws of the State
of Florida, having its principal office at P.O. Box 10102, Naples, FL 34101.
WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and
Urban Development (HUD) for a grant to execute and implement the Emergency Solutions Grant (ESG) grant
program in certain areas of Collier County, pursuant to the Homeless Emergency Assistance and Rapid
Transition to Housing (HEARTH) Act (24 CFR 576) amending the McKinney -Vento Homeless Act (42 U.S.C.
11371 - 11378); and
WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to
primarily benefit homeless individuals in Collier County with the use of ESG funds; to improve the quality of
life in Collier County by providing assistance for any of the following five (5) program components (street
outreach, emergency shelter, homelessness prevention, rapid re- housing assistance and Homeless Management
Information System [HMIS]); and
WHEREAS, each year, the COUNTY prepares a One -Year Action Plan detailing how it intends to
allocate funds received from HUD to conduct eligible activities for the benefit of homeless residents; and
WHEREAS, the Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan — One Year Action Plan for Federal Fiscal Year 2013 -2014 for the ESG Program with
Resolution 2014 -129 on June 24,2014— Agenda Item 1608; and
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
I. SCOPE OF SERVICES
The Shelter for Abused Women & Children
2014 -15 ESG (ES 14-01)
Emergency Solutions Grant
Utilities & Personnel
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The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards
required as a condition of providing ESG funds, as determined by Collier County Housing, Human and Veteran
Services (HHVS), perform the tasks necessary to conduct the program as follows:
A. PROJECT DETAILS
Emergency Solutions Grant ESG Program
Project Component One: Personnel costs to support a Security Officer for 42 weeks for thirty
(30) hours per week at $16.00 per hour. The Security Officer monitors the emergency shelter
facility which is vital to daily operations. 75% of their 40 hour week will be charged to the
project.
Project Component Two: Utilities - which includes electric, phone & internet, trash removal,
and water and sewer costs to operate the shelter facility.
Project Component Three: Insurance cost necessary for the operation of the emergency shelter_
Project Component Four: Shelter Operations: Food and security system monthly recurring and
maintenance expenses.
1. Project Tasks
a. Maintain documentation on all households served in compliance with
24 CFR 576.500
b. Provide quarterly reports on meeting an ESG National Objective
c. Provide Environmental Review Assessment
2. ESG Documentation Requirements Compliance Criteria
Activities carried out with funds provided under this Agreement will contribute to a
program designed to be the first step in a continuum of assistance to enable homeless
individuals and families to move toward independent living as well as prevent
homelessness, as defined in 24 CFR Part 576 (Subpart B Eligible Activities 576.21).
B. SPECIAL GRANT CONDITIONS
1. Within 60 days of the execution of this agreement, the Subrecipient must deliver to HHVS for
approval a detailed program schedule for the completion of key milestones for the program
including the environmental review.
2. The Subrecipient must have the environmental requirement cleared by the HHVS prior to the
incurrence of costs on activities that would limit the choice of reasonable alternatives.
The Shelter for Abused Women & Children
2014 -15 ESG (ES 14 -01)
Emergency Solutions Grant
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3. The following resolutions and policies must be adopted by the Subrecipient's governing body
prior to the distribution of funds.
a. Affirmative Fair Housing Policy
b. Affirmative Fair Housing Marketing Plan
c. Procurement Policy including Code of Conduct
d. Affirmative Action Plan
e. Conflict of Interest Policy
f. Fraud Policy
g. Equal Opportunity Policy
h. Residential Anti- displacement and Relocation Policy
i. Sexual Harassment Policy
j. 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)
k. Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
All services /activities funded with ESG funds must meet one of the ESG program components as
defined in 24 CFR 576:
• Street Outreach: funds may cover costs related to essential services for unsheltered persons
(including emergency health or mental health care, engagement, case management and services
for special populations.
• Emergency Shelter: funds may be used for renovation of emergency shelter facilities and the
operation of those facilities, as well as services for the residents (including case management,
child care, education, employment assistance and job training, legal, mental health, substance
about treatment, transportation and services for special populations).
• HomeIessness Prevention and Rapid Re- Housing: both components fund housing relocation
and stabilization services (including rental application fees, security deposits, utility deposits or
payments, last month's rent and housing search and placement activities). Housing may also be
used for short or medium term rental assistance for those who are at -risk of becoming homeless
or transitioning to stable housing.
• HMIS: funds may be used to pay the costs for contributing data to the HMIS designated by the
Continuum of Care for the area. Eligible activities include (computer hardware, software, or
equipment, technical support, office space, salaries of operators, staff training costs and
participation fees).
II. TIME OF PERFORMANCE
Services /Activities of the SUBRECIPIENT shall start on the 0 day of January, 2015 and end on the
31" day of October, 2015. The services /activities of the SUBRECIPIENT shall be undertaken and completed
in light of the purposes of this Agreement. Any funds not obligated by the expiration date of this Agreement
shall automatically revert to the COUNTY.
The Shelter for Abused Women & Children
2014 -15 ESG (ES 14-01)
Emergency Solutions Grant
Utilities & Personnel
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III. AGREEMENT AMOUNT
The COUNTY agrees to make available NINETY EIGHT THOUSAND SIXTY FOUR DOLLARS
($98,064) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated
amount including, without limitation, any additional amounts included thereto as a result of a subsequent
amendment(s) to the Agreement, shall be referred to as the "Funds ").
The budget identified for the Shelter Operations Project shall be as follows:
Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund
shifts between project components shall not be more than 10% and does not signify a change in scope. Fund
shifts that exceed 10% of a project component shall only be made with board approval.
All services /activities specified in Section I. Scope of Services shall be performed by SUBRECIPIENT
employees or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and that
meets Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest,
responsive and qualified bidder as further set for the in Section IX.D. of this Agreement. Contract
administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to
all records and documents related to the project.
The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or
partial completion of the work tasks as accepted and approved by HHVS. SUBRECIPIENT may not request
The Shelter for Abused Women & ChiIdren
2014 -15 ESG (ES 14 -01)
Emergency Solutions Grant
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ESG
Line Item Description
ESG Funds
Match
Funds
(1:1)
Project Component One: Personnel: 75% of
$20,160
1FTE Security Officer, 30 hours per week
annually @ $16 per hour x 42 weeks:
Project Component Two: Utilities which
$70,600
includes electric, phone & internet, trash
removal, and water and sewer costs to
operate the shelter facility.
Project Component Three: Insurance cost
$4,804
necessary for the operation of the
emergency shelter.
Proiect Component Four: Shelter
$2,500
Operations: Security system expenses and
Food to be purchased and provided for
persons to be served
ESG Match Requirement
Documentation of ESG
$98,064
Eligible matching funds
Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund
shifts between project components shall not be more than 10% and does not signify a change in scope. Fund
shifts that exceed 10% of a project component shall only be made with board approval.
All services /activities specified in Section I. Scope of Services shall be performed by SUBRECIPIENT
employees or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and that
meets Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest,
responsive and qualified bidder as further set for the in Section IX.D. of this Agreement. Contract
administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to
all records and documents related to the project.
The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or
partial completion of the work tasks as accepted and approved by HHVS. SUBRECIPIENT may not request
The Shelter for Abused Women & ChiIdren
2014 -15 ESG (ES 14 -01)
Emergency Solutions Grant
Utilities & Personnel Page 4 of 38
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disbursement of ESG funds until funds are needed for eligible costs, and all disbursements requests must be
limited to the amount needed at the time of the request. Invoices for work performed are required every month.
SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the
term of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet .
prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two
consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when
requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if
Subrecipient fails to perform the minimum level of service required by this agreement. Final invoices are due no
later than 90 days after the end of the agreement. Work performed during the term of the program but not
invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed The
County Manager or designee may extend the term of this Agreement for a period of up to 180 days. The
extension must be authorized prior to the expiration of the agreement. The extension must be authorized in
writing by formal letter to the Subrecipient.
No payment will be made until approved by HHVS for grant compliance and adherence to any and all
applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed
invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt
Payment Act."
The following table details the project deliverables and payment schedule:
PAYMENT
DELIVERABLES
Deliverable
Payment-Supporting Documents
Submission Schedule
Project Component One: funding will
Upon invoicing using Exhibit B
Monthly
assist with emergency shelter personnel
will reimburse allowable expenses
support of a Security Coordinator
with documentation including but
(including taxes).
not limited to properly completed
invoice, timesheets, payroll,
Project Component Two: Utilities which
banking, canceled checks, utility
includes electric, phone & internet, trash
document(s), and any additional
removal, and water and sewer costs to
supporting documentation as
operate the shelter facility.
needed.
Project Component Three: Insurance cost
necessary for the operation of the
Final 10% ($9,806.40) released
emergency shelter.
upon documentation of a
minimum of 450 persons served.
Project Component Four: Shelter
Retainage will be deducted from
Operation: Security system expenses and
each invoice.
Food to be purchased and provided for
persons to be served
ESG Match
Supporting Match documentation
Monthly
from Thrift Shoppe Revenue
PROGRAM DELIVERABLES
Deliverable
Program — Deliverable Supporting
Submission Schedule
Documents
Creation and maintenance of income
N/A
Ongoing
eligibility files on clients served
The Shelter for Abused Women & Children
2014 -15 ESG (ES 14 -01)
Emergency Solutions Grant
Utilities & Personnel
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Progress Reports
Exhibit C
Quarterly
Proof of Insurance
Insurance Certificate
Annually within 30
days of renewal
Affirmative Action Plan
Plan Documents
Within 60 days of
executed agreement
and updates submitted
annually
Annual Audit
Audit Report with Management
6/30 annually
Letter and Exhibit E
IV. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, and personal delivery, sent by facsimile or other electronic means. Any notice delivered or
sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written
communications under this Agreement shall be addressed to the individuals in the capacities indicated below,
unless otherwise modified by subsequent written notice.
COLLIER COUNTY ATTENTION: Gino Santabarbara, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
239- 252 -2399
mai Ito: SantabarbaraGinola)collierp-ov .net
SUBRECIPIENT ATTENTION: Rosa Leon, Grants Officer
The Shelter for Abused Women & Children
P.O. Box 10102
Naples, FL 34101
V. ADDITIONAL CONDITIONS AND COMPENSATION
The parties acknowledge that the Funds originate from ESG grant funds from HUD and must be
implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY
and HUD governing ESG funds pertaining to this Agreement. In the event of curtailment or non - production of
said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of
the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination
shall be effective as of the date that it is determined by the County Manager or designee, in his -her sole
discretion and judgment, that the Funds are no longer available. In the event of such termination, the
SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of
the County Commissioners and /or County Administration, personally liable for the performance of this
Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms
of this Agreement.
VI. GENERAL CONDITIONS
'11ie Shelter for Abused Women ,& Children
2014 -15 ESG (ES 14 -01)
Emergency Solutions Grant
Utilities & Personnel
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A. SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment.
B. GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 576, the U.S. Housing and Urban Development regulations concerning HEARTH Act. The
SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and
policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds
available under this Agreement to supplement rather than supplant funds otherwise available.
C. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or
establishing the relationship of employer /employee between the parties. The SUBRECIPIENT shall at all times
remain an "independent contractor" with respect to the services to be performed under this Agreement. The
COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or
medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent
contractor.
D. AMENDMENTS
The COUNTY or SUBRECIPIENT may amend, this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a duly
authorized representative of each organization, and approved by the COUNTY's governing body. Such
amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from
its obligations under this Agreement. No amendments to this agreement will be granted ninety (90) days prior to
end date of 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.
Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period,
the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days and
modify any subsequent project work plans to reflect the extension. The request must be submitted no later than
ninety (90) days prior to end date of the Agreement.
E. INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses,
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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
,vrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors,
patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of
the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be
construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of
any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall
pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall
survive the termination and /or expiration of this Agreement. This section does not pertain to any incident
arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver
of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This section shall
survive the expiration or termination of this Agreement.
F. COUNTY RECOGNITION /SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements,
descriptions of the sponsorships of the Program, research reports and similar public notices prepared and
released by the SUBRECIPIENT for, on behalf of, and /or about the Program shall include the statement:
"FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
DEPARTMENT"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is
intended to disseminate key information regarding the development team as well as Equal Housing Opportunity
to the general public. Construction signs shall comply with applicable COUNTY codes.
G. DEFAULTS, REMEDIES AND TERMINATION
In accordance with 24 CFR 576, 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.
(A) The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement
1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such
statutes, regulations, executive orders, and HUD guidelines, policies or directives as may
become applicable at any time;
2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its
obligations under this Agreement;
3. Ineffective or improper use of finds provided under this Agreement; or
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4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in
any material respect.
5. Submission by the SUBRECIPIENT of any false certification;
6. Failure to materially comply with any terms of this Agreement; and
7. Failure to materially comply with the terms of any other agreement between the County and
the SUBRECIPIENT relating to the project.
In the event of any default by SUBRECIPIENT under this Agreement, the County may seek any
combination of one or more of the following remedies:
1. Require specific performance of the Agreement, in whole or in part;
2. Require the use of or change in professional management;
Require immediate repayment by SUBRECIPIENT to the County of all ESG funds
SUBRECIPIENT has received under this Agreement;
4. Apply sanctions set forth in 24 CFR 576, if determined by the County to be applicable;
S. Stop all payments until identified deficiencies are corrected;
6. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination
and specifying the effective date of such termination. If the Agreement is terminated by the
County as provided herein, SUBRECIPIENT shall have no claim of payment or claim of
benefit for any incomplete project activities undertaken under this Agreement.
H. MATCH REQUIRED
SUBRECIPIENT must match ESG grant funds dollar- for - dollar pursuant to 24 CFR 576.201. Matching
funds shall be provided after the date of the grant award. Funds used to match a previous ESG grant may not be
used to match a subsequent grant award. A SUBRECIPIENT may comply with is requirement by providing the
matching funds from any source, including any Federal source other than the ESG program, as well as state,
local and private sources. The SUBRECIPIENT must ensure the laws governing any federal funds to be used do
not prohibit those funds from being used to match ESG funds. In order to meet the matching requirement, the
matching contributions must meet all the requirements that apply to the ESG funds provided by HUD as
required by 24 CFR 576.201(c). Matching contributions may be in the form of the following:
1. Cash contributions; or
2. Non -cash contributions, calculated per requirements in 24 CFR 576.201(e), include the value of any
real property, equipment, goods, or services contributed to the SUBRECIPIENT's ESG program,
provided that if the SUBRECIPIENT had to pay for them with grant fiends, the costs would have
been allowable. Non -cash contributions may include:
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a. The purchase value of any donated material or building. SUBRF_,CIPIENT shall determine
the value of any donated material or building, or of any lease, using a. method reasonably
calculated to establish a fair market value.
b. Match in the form of services provided by individuals must be valued at rates consistent with
those ordinarily paid for similar work in the SUBRECIPIENT's organization. If the
SUBRECIPIENT does not have employees performing similar work the rates must be
consistent with those ordinarily paid by other employers for similar work in the same labor
market.
3. Costs paid. by program income shall count toward meeting the SUBRECIPIENT's matching
requirements, provided the costs are eligible ESG costs that supplement the ESG program.
VII. REVERSION OF ASSETS
In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to
any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the
SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or
expiration) and any accounts receivable attributable to the use of ESG funds.
The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's
right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may
deem necessary.
Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in
part with ESG funds in excess of $25,000 as outlined in 24 CFR 576 must either:
a. Be used to meet one of the ESG program components in 24 CFR 576.500(y) until five (5) years after
expiration of the term of this Agreement or for such longer period of time as determined to be
appropriate by the COUNTY and as memorialized by the COUNTY and the SUBRECIPIENT in an
amendment to this Agreement or such instrument as the COUNTY at its discretion determines
appropriate; or
b. If not used in accordance with the above subsection (a) the SUBRECIPIENT shall pay to the
COUNTY an amount equal to the current market value of the property less any portion of the value
attributable to expenditures of non -ESG funds for the acquisition of or improvements to, the
property. No payment is required after the period of time specified in subsection (a).
VIII. INSURANCE
SUBRECIPIENT shall not commence any work and /or services pursuant to this Agreement until all
insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times
during its performance.
IX. ADMINISTRATIVE REQUIREMENTS
A. EXAMINATION OF RECORDS
The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 576.500 to determine
compliance with the requirements of this Agreement, the ESG Program and all other applicable laws and
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regulations. This documentation shall include, but not be limited to, the following:
B. DOCUMENTATION AND RECORDKEEPING
1. The SUBRECIPIENT shall maintain all records by the Federal regulation specified in 24 CFR
576.500 that are pertinent to the activities to be funded under this Agreement.
2. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be
required by COUNTY in order to perform the service.
3. All reports, plans, surveys, information, documents, maps, books, records and other data.
procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the
purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at
any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence
shall be in accordance with generally accepted accounting principles, procedures and practices,
which sufficiently and properly reflect all revenues and expenditures of funds provided directly
or indirectly by this Agreement, including matching funds and Program Income. These records
shall be maintained to the extent of such detail as will properly reflect all net costs, direct and
indirect labor, materials, equipment, supplies and services, and other costs and expenses of
whatever nature for which reimbursement is claimed under the provisions of this Agreement.
4. Upon completion of all work contemplated under this Agreement copies of all documents and
records relating to this Agreement shall be surrendered to HHVS if requested. In any event the
SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily
accessible, permanent and secured location for five (5) years, as required by 24 CFR 576.500(y),
after expiration of this Agreement with the following exception: if any litigation, claim or audit
is started before the expiration date of the five (5) year period, the records will be maintained
until all litigation, claim or audit findings involving these records are resolved. The COUNTY
shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the
address where the records are to be kept as outlined in 24 CFR 576.500(y). Meet all
requirements for retaining public records and transfer, at no cost, to COUNTY all public records
in possession of the SUBRECIPIENT upon termination of the contract and destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to the COUNTY in a format
that is compatible with the information technology systems of the public agency.
5. The SUBRECIPIENT shall maintain client data demonstrating client eligibility for services
provided following confidentiality as required by 24 CFR 576.500(x). Such data shall include,
but not be limited to, client name, address, income level or other basis for such determining
eligibility of client being homeless or "at risk of homelessness ", all required data to adhere to
HM1S standards and description of service provided as required by 24 CFR 576.500. Such
information shall be made available to COUNTY monitors or their designees for review upon
request. The SUBRECIPIENT agrees that 14HVS shall be the final arbiter on the
SUBRECIPIENT's compliance.
6. The SUBRECIPIENT must keep documentation showing that ESG grant fluids were spent on
allowable costs in accordance with the requirements for eligible activities under 24 CFR 576.101
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through 576.109 and the cost principles in OMB Circulars A -87 (24 CFR Part 225) and A -122 (2
CFR Part 230).
7. The SUBRECIPIENT agrees to comply with 24 CFR 84.21 -28 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.
The SUBRECIPIENT must develop and implement written procedures for confidentiality to
ensure:
a. All records containing personally identifying information (as defined in HUD's standards for
participation, data collection, and reporting in a local HMIS) of any individual or family who
applies for and /or receives ESG assistance will be kept secure and confidential;
b. The address or location of any domestic violence, dating violence, sexual assault, or stalking
shelter project assisted under the ESG will not be made public, except with written
authorization of the person responsible for the operation of the shelter; and
c. The address or location of any housing of a program participant will not be made public,
except as provided under a pre- existing privacy policy of the SUBRECIPIENT and
consistent with state and local laws regarding privacy and obligations of confidentiality; and
d. The confidentiality procedures of the SUBRECIPIENT must be in writing and must be
maintained in accordance with 24 CFR 576.500(x).
e. Disclosure — The SUBRECIPIENT understand that client information collected under this
Agreement is private and the use or disclosure of such information, when not directly
connected with the administration of the COUNTY or SUBRECIPIENT's responsibilities
with respect to services provided under this Agreement, is prohibited by applicable State or
Federal law unless written consent is obtained from such person receiving service and, in the
case of a minor, that of a responsible parent /guardian. The SUBRECIPIENT's written
procedures shall ensure confidentiality of records pertaining to the provision of family
violence prevention or treatment services with assistance as required by 24 CFR 576.500(x)
asset forth in 42 U.S.C. I I375(c)(5).
C. REPORTS AND EVALUATIONS (MONITORING)
Reimbursement may be contingent on the timely receipt of complete and accurate reports required by
this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed
necessary by the County Manager or designee.
During the term, SUBRECIPIENT shall submit quarterly progress reports based on Universal Data
Elements collected at the time of assessment. The COUNTY shall receive the reports electronically on the 15`x'
day of April, July, October and January respectively for the prior quarter period end. As part of the report
submitted in April 2015, 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
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termination of this Agreement.
The SUBRECIPIENT must participate in a HMIS at least on a quarterly basis. If a SUBRECIPIENT is a
victim service provider, it may use a comparable database that collects client -level data over time and generates
unduplicated aggregate reports based on the data. A victim service provider means a private nonprofit
organization whose primary mission is to provide services to victims of domestic violence, dating violence,
sexual assault or stalking. This term includes rape crisis centers, battered women's shelters, domestic violence
transitional housing programs and other programs.
During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit D) to the
COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end.
The SUBRECIPIENT agrees that HHVS will carry out no less than one (l) annual on -site monitoring
visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the
activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon
satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status
reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of
reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site.
Such site visits may be scheduled or unscheduled as determined by HHVS or HUD.
D. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a written contract and in compliance with thresholds of the Collier County Purchasing Policy, as shown
below. Should there be a conflict; the Purchasing Policy Thresholds will prevail.
Dollar Range ($
Quotes
Under $3K
1 Written Quote
$3K to $50K
3 Written Quotes
Above $50K
Request for Proposal (RFP)
Invitation to Bid (ITB)
E. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as the COUNTY (and/or its representatives) may
deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data
relating to all matters covered by the Agreement for review, inspection or audit.
F. QUESTIONED COSTS
If the SUBRECIPIENT submits charges and receives payment from the grant that are subsequently
questioned and disallowed. If the SUBRECIPIENT does not agree to repay the disallowed costs in a lump sum
payment by the date specified or begin and /or continue repayment under an installment plan approved by the
COUNTY, appropriate action, such as suspension of any current or future contract payments, termination of
Agreement(s), referral to COUNTY legal for further actions or any other appropriate actions necessary will be
taken to recover the disallowed costs. For purposes herein, the term "findings" refers to a. deficiency in program
performance based on a statutory, regulatory or Agreement requirement for which sanctions or other corrective
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actions are authorized.
G. PROGRAM - GENERATED INCOME
Any "Program Income" (as such term is defined in 24 CFR 85.25 and 24 CFR 576.2) gained from any activity
of the SUBRECIPIENT funded by ESG funds shall be reported to the COUNTY, through an annual program
income re -use plan. The COUNTY shall approve the program income re -use plan utilized by the
SUBRECIPIENT and shall be in compliance with 24 CFR 576 in the operation of the Program
H. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not be limited to: making final payments,
disposing of program assets (including the return of all unused materials, equipment, program income balances,
and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the
records retention outlined in Section IX.B.4, the SUBRECIPIENT shall comply with Section 119.021 Florida
Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law
records retention requirements will result in the more stringent law being applied such that the record must be
held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be
returned to the County. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under
the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also
produce records and information that complies with Section 215.97, Florida Single Audit Act.
I. 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, Housing Human and Veteran Services (HHVS)
has adopted an escalation policy to ensure continued compliance by SUBRECIPIENTS, Developers, or any
entity receiving grant funds from HHVS. HHVS's policy for escalation for non - compliance is as follows:
1. Initial non - compliance may result in Findings or Concerns being issued to the entity and will require
a corrective action plan be submitted to the Department within 15 days following the monitoring
visit.
o Any pay requests that have been submitted to the Department for payment will be held until the
corrective action plan has been submitted.
o HHVS will be available to provide Technical Assistance (TA) to the entity as needed in order to
correct the non - compliance issue.
2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the
Department, the Department may require a portion of the awarded grant amount be returned to the
Department.
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a The County may require upwards of five percent (5 %) of the acquisition amount be returned to
the Department, at the discretion of the Board of County Commissioners.
o The entity may be considered in violation of Resolution No. 2013 -228
3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an issue that was
previously corrected, and has been informed by the Department of their substantial non - compliance
by certified mail; the Department may require a portion of the awarded grant amount or the amount
of the CDBG investment for acquisition of the properties conveyed, be returned. to the Department.
o The Department may require upwards of ten percent (10 %) of the acquisition amount be returned
to the Department, at the discretion of the Board of County Commissioners.
o The entity will be considered in violation of Resolution No. 2013 -228
4. If in the case after repeated notification the Entity continues to be substantially non - compliant, the
Department may recommend the contract or award be terminated.
o The Department will make a recommendation to the Board of County Commissioners to
immediately terminate the agreement or contract. The Entity will be required to repay 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.
o The entity will be considered in violation of Resolution No. 2013 -228
If in the case the Entity has multiple agreements with the Department and is found to be non - compliant, the
above sanctions may be imposed across all awards at the discretion of the Board of County Commissioners.
X. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to,
discrimination under any activity carried out by the performance of this Agreement on the basis of race, color,
disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination,
the COUNTY shall have the right to terminate this Agreement.
1. To the greatest extent feasible, homeless individuals have priority over other Section 3 residents in
accordance with 24 CFR 576.405(c). Section 3 of the Housing and Urban Development Act of 1968 as
amended (12 U.S.C. 1701u) and implementing regulations at 24 CFR Part 135 requires that to the greatest
extent feasible employment and economic opportunities be directed to low and very low income residents of
the and that contracts for work in connection with the project be awarded to business concerns that provide
economic opportunities for low and very low income persons residing in the metropolitan area (as defined in
42 U.S.C. 5302(a)) in which the project is located. To the maximum extent practicable the SUBRECIPIENT
shall involve homeless individuals and families in constructing, renovating, maintaining and operating
facilities assisted under ESG, in providing services assisted under ESG, and in providing services for
occupants of facilities assisted under ESG. This involvement may include employment or volunteer
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services. Section 3 is relative to any of the SUBRECIPIENT's subcontractors, their successors and assigns,
to those sanctions specified by the Agreement through which Federal assistance is provided. The
SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent
compliance with these requirements.
B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS
ENTERPRISES
The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises,
and women's business enterprises the maximum practicable opportunity to participate in the performance of this
contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in
section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty -one (51) percent owned and controlled by minority group members or
women. For the purpose of this definition, "minority group members" are Afro- Americans, Spanish- speaking,
Spanish surnamed or Spanish - heritage Americans, Asian - Americans, and American Indians. The
SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and
female business enterprises in lieu of an independent investigation.
C. AFFIRMATIVE ACTION PLAN
The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's
specifications an Affirmative Action Program in keeping with the principles as provided in President's
Executive Order 1.1246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to
the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for
3n Affirmative Action Program within 60 days of award of contract execution.
D. CONFLICT OF INTEREST
The SUBRECIPIENT must keep records to show compliance with the organizational conflicts of
interest requirements in 24 CFR 576.404(a) and 24 CFR 84.42, a copy of the personal conflicts of interest
policy or codes of conduct developed and implemented to comply with the requirements in 24 CFR 576.404(b)
and records supporting exceptions to the personal conflicts of interest prohibitions.
E. EMERGENCY SHELTERS
Any emergency shelter that receives assistance for shelter operations must also meet minimum safety,
sanitation and privacy standards (Exhibit E) as required by 24 CFR 576.403(b).
F. PERMANENT HOUSING
Assistance for program participants to remain or move into housing must meet the minimum habitability
standards (Exhibit F) provided in 24 CFR 576.403(c) and all applicable state and local housing codes, licensing
requirements and any other requirements in the jurisdiction in which the housing is located regarding the
condition of the structure and the operation of the housing.
G. COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS
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The SUBRECIPIENT must document their compliance with the requirements of 24 CFR 576.400 for
consulting with the Continuum of Care and coordinating and integrating ESG assistance with programs targetedt._.. ,
toward homeless people and mainstream service and assistance programs (Exhibit G).
H. HOMELESS PARTICIPATION
The SUBRECIPIENT must document its compliance with the homeless participation requirements
under 24 CFR 576.405(c).
CENTRALIZED OR COORDINATED ASSESSMENT SYSTEMS AND PROCEDURES
The SUBRECIPIENT must keep documentation evidencing the use of and written intake procedures for
the centralized or coordinated assessment system(s) developed by the Continuum of Care in accordance with
the requirements established by HUD and identified in 24 CFR 576.560(g).
XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
The SUBRECIPIENT must document their compliance with the faith -based activities requirements
under 24 CFR 576.406 and will not utilize ESG funds for inherently religious activities prohibited in the federal
statute, such as worship, religious instruction or proselytization.
XII. SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
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IN WITNESS WHEREOF, the Subrecipieni 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 COMMISSIONERS OF
DWIGHT E. BROCI<, CLERK COLLIER COUNTY, FLORIDA
By:
Deputy Clerk TOM HENNING, CHAIRMAN
Dated:
(SEAL)
THE SHELTER FOR ABUSED WOME-N AND
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B
Signature
Linda Oberhaus. Executive Director
Print Name, & Title
Approved as to form and legality:
V
Jermifieiok Belp \ -ediQs
Assistant County Attorney
The Shelter for Abused Women & Children
2014-15 ESC (ES 14-01)
Emergency Solutions Grant
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EXHIBIT "A"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services
Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing
insurance coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Commercial General Liability including products and completed operations insurance in the
amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage. Collier County shall be named as an additional
insured.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as
follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per
occurrence /$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and /or the
design professional shall become legally obligated to pay as damages for claims arising out of
the services performed by the SUBRECIPIENT or any person employed by the
SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a
period of two (2) years after the certificate of Occupancy is issued. Collier County shall be
named as an additional insured.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in I — 4 above, the SUBRECIPEINT shall provide or cause its
Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any
construction:
5. Completed. Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one
hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
b. 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
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under the National Flood Insurance Program is obtained and maintained as a condition of
financial assistance for acquisition or construction purposes (including rehabilitation).
OPERATION /MANAGEMENT PHASE (IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be kept
in force throughout the duration of the loan and /or 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.
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EXHIBIT "B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Sub recipient Name: The Shelter for Abused Women and Children, Inc
Sub recipient Address: P.O. Box 10102, Na�Ies, FL 34101
Project Name: Emergency Solutions Grant Emergency Shelter Operations Project
Project No: CD 14 -02 Payment Request #
Total Payment minus Retainage:
Period of Availability: 10/01/14 — 09/30/15
The Agency has incurred the indebtedness listed below between and_
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
$
2. Sum of Past Claims Paid on this Account
$
3, Total Grant Amount Awarded Less Sum Of
Past Claims Paid on this Account
$
4. Amount of Previous Unpaid Requests (Include Retainage)
$
5. Amount of Today's Request
$
b. 10% Retainage Amount Withheld
$
7. Current Grant Balance (Initial Grant Amount
Awarded Less Sum of all requests)
$
I certify that this request for payment has been made in accordance with the terms and conditions of
the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge
and belief, all grant requirements have been followed.
Signature
Title
Authorizing Grant Coordinator
Supervisor
(approval required $15,000 and above)
The Shelter for Abused Women & Children
2014 -15 ESG (ES 14 -01)
Emergency Solutions Grant
Utilities & Personnel
Date
Authorizing Grant Accountant
Department Director
(approval required $15,000 and above)
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EXHIBIT "C"
Emergency Shelter Grants (ESG) Program Client Characteristics Report
Report Period:
Fiscal Year:
Contract Number
Organization /s:
Program /s:
Contact Name:
Contact Number:
Elderly:
1. Ethnicity and Race of clients served:
Report Selection Criteria
White Black /African American Asian American Indian /Alaskan Native
Native Hawaiian /Other Pacific Islander American Indian /Alaskan
Native /White Asian and White Black /African American and White
American Indian /Alaskan Native and Black African American
Other /Multi - Racial TOTAL
UNKNOWN 0 0
2. Number of adults and children served:
a. Residential
Number of Adults
Number of Children
Number of Unknown Age
b. Non Residential
Number of Adults
Number of Children
Number of Unknown Age
Non Hispanic
Hispanic
a
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
a
0
0 barracKs
Group /Large House
- Scattered Site Apartment
Single Family Detached House
Single Room Occupancy
Mobile Home/Trailer
Hotel/Motel
Other Apartment /Complex
Other Single Family Duplex
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3. Number of individuals /families served, by categories:
Number of individual households (singles)
Unaccompanied 18 and over Male Female
Unaccompanied 17 and under Male Female
Number of Families with children
Headed by single 18 and over Male Female _
Headed by single 17 and under Male Female
Headed by two parents 18 and over
Headed by two parents 17 and under
Number of Families with no children
TOTAL
4. Total projects) /service(s) provided to clients in range:
a. emergency shelter facilities shelter
b, vouchers for shelters
c. drop -in center
d. food pantry
e. mental health
f. alcohol /drug
g. child care
h. employment I. transitional
. outreach
k. soup kitchen /meal distribution
I. health care
m, HIV /AIDS services
n. other (please list)
5. Number of clients served by sub population (duplicated count):
a. Chronically Homeless
b. Victims of Domestic Violence
c. Elderly
d. Veterans
e. Individuals with HIV /AIDS
f. Chronic Substance Abuse (alcohol and /or drug)
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<=)
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g. Severely Mentally III
h. runaway / throwaway youth
h. Other disability (Physical and /or Developmental)
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(Chronically Homeless - HUD definition of a chronically homeless person is an unaccompanied homeless individual with a disabling condition who has
either. 1) been continuously homeless for a year a more, or 2) has had at least four episodes of homelessness in the past three years.)
6. Clients housed by shelter type:
Non Hispanic
Hispanic
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Q Barracks
Group /Large House
- Scattered Site Apartment
Single Family Detached House
Single Room Occupancy
Mobile Homerfrailer
Hotel /Motel
Other Apartment/Compfex
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EXHIBIT "D"
ANNUAL AUDIT MONITORING REPORT
OMB Circular A -133 Audits of States, Local Governments, and Non - Profit Organizations requires the Collier
County Housing, Human and Veterans Services Department to monitor our subrecipients of federal awards
and determine whether they have met the audit requirements of the circular and whether they are in
compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the
following, provide all appropriate documentation regarding your organization's compliance with the audit
requirements, sign and date this form.
Subrecipient Name
The Shelter for Abused Women and
Fiscal Year
Children, Inc..
Period
Total State .Financial Assistance Expended during
�
most recently completed Fiscal Year
Total Federal Financial Assistance Expended during most
recently completed Fiscal Year
Check Appropriate Boxes
We have exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending
❑
as indicated above and have completed our Circular A -133 audit. A copy of the audit report
and management letter is attached.
We exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending as
indicated above and expect to complete our Circular A -133 audit by . Within
❑
30 days of completion of the A -133 audit, we will provide a copy of the audit report and
management letter.
We are not subject to the requirements of OMB Circular A -133 because we:
❑ Did not exceed the $500,000 federal /state expenditure threshold for the fiscal year
❑
indicated above
• Are a for - profit organization
• Are exempt for other reasons — explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
/lf finriinnc were nnte& please enclose a coov of the resuonses and corrective action plan.)
Certification Statement
I hereby certify that the above information is true and accurate.
Signature
Date
Print Name and Title
The Shelter for Abused Women & Children
2014 -15 ESG (ES 14 -01)
Emergency Solutions Grant
Utilities & Personnel
EXHIBIT "E"
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EMERGENCY SHELTERS
The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for
Emergency Shelters, as applicable:
24 CFR 576.403(b): Minimum standards for emergency shelters. Any building for which Emergency Solutions
Grant (ESG) funds are used for conversion, major rehabilitation, or other renovations, must meet state or local
government safety and sanitation standards, as applicable, and the following minimum safety, sanitation and
privacy standards. Any emergency shelter that receives assistance for shelter operations must also meet the
following minimum safety, sanitation and privacy standards. The COUNTY may also establish standards that
exceed or add to these minimum standards.
(1) Structure and materials. The shelter building must be structurally sound to protect residents
from the elements and not pose any threat to health and safety of the residents. Any
renovation (including major rehabilitation and conversion) carded out with ESG assistance
must use Energy Star and WaterSense products and appliances.
(2) Access. The shelter must be accessible in accordance with Section 504 of the Rehabilitation
Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; the Fair Housing Act
(42 U.S.C. 360, et seq.) and implementing regulations at 24 CFR part 100; and Title II of the
Americans with Disabilities Act (42 U.S.C. 12131, et. Seq.) and 28 CFR part 35; where
applicable.
(3) Space and security. Except where the shelter is intended for day use only, the shelter must
provide each program participant in the shelter with an acceptable place to sleep and
adequate space and security for themselves and their belongings.
(4) Interior air quality. Each room or space within the shelter must have a natural or mechanical
means of ventilation. The interior air must be free of pollutants at a level that might threaten
or harm the health of residents.
(5) Water supply. The shelter's water supply must be free of contamination.
(6) Sanitary facilities. Each program participant in the shelter must have access to sanitary
facilities that are in proper operating condition, are private and are adequate for personal
cleanliness and the disposal of human waste.
(7) Thermal environment. The shelter must have any necessary heating /cooling facilities in
proper operating condition.
(8) Illumination and electricity. The shelter must have adequate natural or articial illumination to
permit normal indoor activities and support health and safety. There must be sufficient
electrical sources to permit the safe use of electrical appliances in the shelter.
(9) Food preparation. Food preparation areas, if any, must contain suitable space and equipment
to store, prepare and serve food in a safe and sanitary manner.
(10) Sanitary conditions. The shelter must be maintained in a sanitary condition.
(11) Fire safety. There must be at least one working smoke detector in each occupied unit of
the shelter. Where possible, smoke detectors must be located near sleeping areas. The fire
alarm system must be designed for hearing - impaired residents. All public areas of the shelter
must have at least one working smoke detector. There must also be a second means of exiting
the building in the event of fire or other emergency.
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EXHIBIT "F"
PERMANENT ROUSING
The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for Permanent
Housing, as applicable:
24 CFR 576.403(c): Minimum standards for permanent housing. The SUBRECIPIENT cannot use ESG funds
to help a program participant remain or move into housing that does not meet the minimum habitability
standards provided in this paragraph. The COUNTY may also establish standards that exceed or add to these
minimum standards.
(1) Structure and materials. The shelter building must be structurally sound to protect residents
from the elements and not pose any threat to health and safety of the residents. Any
renovation (including major rehabilitation and conversion) carried out with ESG assistance
must use Energy Star and WaterSense products and appliances.
(2) Access. The shelter must be accessible in accordance with Section 504 of the Rehabilitation
Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; the Fair Housing Act
(42 U.S.C. 360, et seq.) and implementing regulations at 24 CFR part 100; and Title II of the
Americans with Disabilities Act (42 U.S.C. 12131, et. Seq.) and 28 CFR part 35; where
applicable.
(3) Space and security. Except where the shelter is intended for day use only, the shelter must
provide each program participant in the shelter with an acceptable place to sleep and
adequate space and security for themselves and their belongings.
(4) Interior air quality. Each room or space within the shelter must have a natural or mechanical
means of ventilation. The interior air must be free of pollutants at a level that might threaten
or harm the health of residents.
(5) Water supply. The shelter's water supply must be free of contamination.
(6) Sanitaryfacilities. Each program participant in the shelter must have access to sanitary
facilities that are in proper operating condition, are private and are adequate for personal
cleanliness and the disposal of human waste.
(7) Thermal environment. The shelter must have any necessary heating /cooling facilities in
proper operating condition.
(8) Illumination and electricity. The shelter must have adequate natural or articial illumination to
permit normal indoor activities and support health and safety. There must be sufficient
electrical sources to permit the safe use of electrical appliances in the shelter.
(9) Food preparation. Food preparation areas, if any, must contain suitable space and equipment
to store, prepare and serve food in a safe and sanitary manner.
(10) Sanitary conditions. The shelter must be maintained in a sanitary condition.
(11) Fire safety. There must be at least one working smoke detector in each occupied unit of
the shelter. Where possible, smoke detectors must be located near sleeping areas. The fire
alarm system must be designed for hearing - impaired residents. All public areas of the shelter
must have at least one working smoke detector. There must also be a second means of exiting
the building in the event of fire or other emergency.
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EXHIBIT "G"
COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS
The SUBRECIPIENT must adhere to 24 CFR 576.400 and coordinate with the Continuum of Care and other
programs.
(a) Consultation ivith the Continuum of Care. The SUBRECIPIENT and COUNTY must consult with the
Continuum of Care to determine how to allocate ESG funds each program year; developing the performance
standards for, and evaluating the outcomes of, projects and activities assisted by ESG funds; and developing
funding, policies, and procedures for the administration and operation of the HMIS.
(b) Coordination mith other targeted homeless services. The SUBRECIPIENT and COUNTY must coordinate
and integrate, to the maximum extent practicable, ESG- funded activities with other programs targeted to
homeless people in the area covered by the Continuum of Care or area over which the services are coordinated
to provide a strategic, community -wide system to prevent and. end homelessness for that area. These programs
include:
(1) Shelter Plus Care Program (24 CFR part 582);,
(2) Supportive Housing Program (24 CFR part 583);
(3) Section 8 Moderate Rehabilitation Program for Single Room Occupancy Program for Homeless Individuals
(24 CFR part 882);
�4) HUD — Veterans Affairs Supportive Housing (HUD –VASH) (division K, title II, Consolidated
Appropriations Act, 2008, Pub, L. 110 -161 (2007), 73 FR 25026 (May 6, 2008));
(5) Education for Homeless Children and Youth Grants for State and Local Activities (title VII –B of the
McKinney -Vento Homeless Assistance Act (42 U.S.C. 11431 et seq. ));
(6) Grants for the Benefit of Homeless Individuals (section 506 of the Public Health Services Act 4( _ U.S.C.
290aa -5);
(7) Healthcare for the Homeless (42 CFR part 51 c);
(8) Programs for Runaway and Homeless Youth (Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.));
(9) Projects for Assistance in Transition from Homelessness (part C of title V of the Public Health Service Act
(42 U.S.C. 290cc -21 et seq.));
(10) Services in Supportive Housing Grants (section 520A of the Public Health Service Act);
(11) Emergency Food and Shelter Program (title III of the McKinney -Vento Homeless Assistance Act
U.S.C. 11331 et seq.));
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(12) Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic Violence, Dating
Violence, and Stalking Program (section 40299 of the Violent Crime Control and Law Enforcement Act ( 2
U.S.C. 13975));
(13) Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless Veterans Comprehensive
Assistance Act (38 U.S.C. 2021);
(14) Domiciliary Care for Homeless Veterans Program (38 U.S.C. 2043);
(15) VA Homeless Providers Grant and Per Diem Program (38 CFR part 61);
(16) Health Care for Homeless Veterans Program (38 U.S.C. 2031);
(17) Homeless Veterans Dental Program (38 U.S.C. 2062);
(18) Supportive Services for Veteran Families Program (38 CFR part 62); and
(19) Veteran Justice Outreach Initiative (38 U.S.C. 2031).
(c) System and program coordination with mainstream resources. The SUBRECIPIENT and COUNTY must
coordinate and. integrate, to the maximum extent practicable, ESG- funded activities with mainstream housing,
health, social services, employment, education, and youth programs for which families and individuals at risk of
homelessness and homeless individuals and families may be eligible. Examples of these programs include:
(1) Public housing programs assisted under section 9 of the U.S. Housing Act of 1937 (42 U.S.C. 1.4378) (24
CFR parts 905, 968, and 990);
(2) Housing programs receiving tenant -based or project -based assistance under section 8 of the U.S. Housing
Act of 1937 (42 U.S.C. 1437f) (respectively 24 CFR parts 982 and 983);
(3) Supportive Housing for Persons with Disabilities (Section 811) (24 CFR part 891);
(4) HOME Investment Partnerships Program (24 CFR part 92);
(5) Temporary Assistance for Needy Families (TANF) (45 CFR parts 260-265);
(6) Health Center Program (42 CFR part 51c);
(7) State Children's Health Insurance Program (42 CFR part 457):
(8) Head Start (45 CFR chapter XIII, subehapter B);
(9) Mental Health and Substance Abuse Block Grants (45 CFR part 96); and
(10) Services funded under the Workforce Investment Act (29 U.S.C. 2801 et seq. ).
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(d) Centralized or coordinated assessment. Once the Continuum of Care has developed a centralized
assessment system or a coordinated assessment system in accordance with requirements to be established by
HUD, each ESG- funded program or project within the Continuum of Care's area must use that assessment
system. The recipient and subrecipient must work with the Continuum of Care to ensure the screening,
assessment and referral of program participants are consistent with the written standards required by paragraph
(e) of this section. A victim service provider may choose not to use the Continuum of Care's centralized or
coordinated assessment system.
(e) Written standards for providing ESG assistance. The COUNTY must have written standards for providing
ESG assistance and must consistently apply those standards for all program participants. The recipient must
describe these standards in its consolidated plan.
At a minimum these written standards must include:
(i) Standard policies and procedures for evaluating individuals' and families' eligibility for assistance under
ESG;
(ii) Standards for targeting and providing essential services related to street outreach;
(iii) Policies and procedures for admission, diversion, referral, and discharge by emergency shelters assisted
under ESG, including standards regarding length of stay, if any, and safeguards to meet the safety and shelter
needs of special populations, e.g., victims of domestic violence, dating violence, sexual assault, and stalking;
and individuals and families who have the highest barriers to housing and are likely to be homeless the longest;
(iv) Policies and procedures for assessing, prioritizing, and reassessing individuals' and families' needs for
essential services related to emergency shelter;
(v) Policies and procedures for coordination among emergency shelter providers, essential services providers,
homelessness prevention, and rapid re- housing assistance providers; other homeless assistance providers; and
mainstream service and housing providers (see §576.400(b) and (c) for a list of programs with which ESG -
funded activities must be coordinated and integrated to the maximum extent practicable);
(vi) Policies and procedures for determining and prioritizing which eligible families and individuals will receive
homelessness prevention assistance and which eligible families and individuals will receive rapid re- housing
assistance;
(vii) Standards for determining what percentage or amount of rent and utilities costs each program participant
must pay while receiving homelessness prevention or rapid re- housing assistance;
(viii) Standards for determining how long a particular program participant will be provided with rental
assistance and whether and how the amount of that assistance will be adjusted over time; and
(ix) Standards for determining the type, amount, and duration of housing stabilization and /or relocation services
to provide to a program participant, including the limits, if any, on the homelessness prevention or rapid re-
housing assistance that each program participant may receive, such as the maximum amount of assistance,
maximum number of months the program participant receive assistance; or the maximum number of times the
program participant may receive assistance.
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(0 Participation in HMIS. The SUBRECIPIENT must ensure that data on all persons served and all activities
assisted under ESG are entered into the applicable community -wide HMIS or a comparable database, in
accordance with HUD's standards on participation, data collection, and reporting under a local HMIS. if the
subrecipient is a victim service provider or a legal services provider, it may use a comparable database that
collects client -level data over time (i.e., longitudinal data) and generates unduplicated aggregate reports based
on the data. Information entered into a comparable database must not be entered directly into or provided to an
HMIS.
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EXHIBIT "H"
LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS
1. 24 CFR Part 576 Emergency Solutions Grants Program
2. Environmental Protection Agency (EPA) regulations pursuant to 24 CFR Part 50 as amended.
3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as
amended
4. Title VI of the Civil Rights Act of 1964 as amended, along with Executive Order 13166
5. Title VIII of the Civil Rights Act of 1968 as amended
6. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits
discrimination and promotes equal opportunity in housing.
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.
8. Title VIl of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42
U.S.C. § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees
placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action
employer.
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 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
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be awarded to business concerns that provide economic opportunities for low- and very
low- income persons residing in the metropolitan area in which the project is located."
The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in
connection with a housing rehabilitation (including reduction and abatement of lead -based paint
hazards), housing construction, or other public construction project are given to low- and very low -
income persons residing within the metropolitan area in which the ESG- funded project is located; where
feasible, priority should be given to low- and very low - income persons within the service area of the
project or the neighborhood in which the project is located, and to low - and very low - income
participants in other HUD programs; and award contracts for work undertaken in connection with a
housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing
construction, or other public construction project to business concerns that provide economic
opportunities for low- and very low - income persons residing within the metropolitan area in which the
ESG - funded project is located; where feasible, priority should be given to business concerns that
provide economic opportunities to low- and very low- income residents within the service area or the
neighborhood in which the project is located, and to low- and very low - income participants in other
HUD programs.
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would
prevent compliance with these requirements.
10. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by
Executive Orders 11375, 11478, 12107 and 12086.
11. Contract Work Hours and Safety Standards Act, 40 USC 327 -332.
12. Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8.
13. Title II of the Americans with Disabilities Act (42 U.S.C. 12131 et seq.) and 28 CFR Part 35 as applicable
t4. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
15. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted
projects.
16. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79 -45 -
which prescribes goal percentages for participation of minority businesses in Community Development
Block Grant Contracts.
17. The SUBRECIPIENT agrees to comply with the non - discrimination in employment and contracting
opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive
Order 13279. The applicable non - discrimination provisions in Section 109 of the HCDA are still applicable.
18. Public Law 100 -430 - the Fair Housing Act (42 U.S.C. 3601, et seq.) and implementing regulations at 24
CFR Part 100.
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19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals and Other Non - Profit Organizations and specified by the following subsections:
• Subpart A — General;
• Subpart B — Pre -Award Requirements, except for 84.12, Forms for Applying for Federal Assistance;
• Subpart C — Post -Award Requirements, except for;
• Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7)
and 85.21 in making payments to SUBRECIPIENTs;
• Section 84.23, Cost Sharing and Matching;
• Section 84.24, Program Income — in lieu of 84.24 SUBRECIPIENTs shall follow 570.504;
• Section 84.25, Revision of Budget and Program Plans;
• Section 84.32, Real Property — In lieu of 84.32, SUBRECIPIENTs shall follow 570.505;
• Section 84.34(g), Equipment — In lieu of the disposition provisions of 84.34(g) the following
applies:
■ In all cases in which equipment is sold, the proceeds shall be program income (pro -
rated to reflect the extent to which ESG funds were used to acquire the equipment);
and
■ Equipment not needed by the SUBRECIPIENT for ESG activities shall be transferred
to the recipient for the ESG program or shall be retained after compensating the
recipient;
• Section 84.35, Supplies and other Expendable Property;
• Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance;
• Section 84.52, Financial Reporting;
• Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies
with the following exceptions:
• The retention period referenced in 84.53(b) pertaining to individual ESG activities
shall be five years; and
• The retention period starts from the date of submission of the annual performance and
evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is
reported on for the final time rather than from the date of submission of the final
expenditure report for the award;
• Section 84.61, Termination - In Iieu of the provisions of 84.61, SUBRECIPIENTs shall
comply with 570.503(b)(7); and
Subpart D — After -the -Award Requirements — except for 84.71, Closeout Procedures
20. 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall
be followed for sub recipients that are governmental entities.
24 CFR 85.25(8) — Program Income
24 CFR 85.36 — Governments conflict of interests
21. Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating
thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach
of this agreement, and the County shall have the discretion to unilaterally terminate this agreement
immediately.
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22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly
or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part 111, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and
County Administrative Procedure 5311.
23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To
the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more
strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion.
24. 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, 201h Judicial Court of Florida, if in federal court. BY ENTERING
INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE
ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION
RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
25. The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 U.S.C. 7401, et seq.
b. Federal Water Pollution Control Act, 33 U.S.C. 1251, et seq., as amended 1318 relating to
inspection, monitoring, entry, reports and information as well as other requirements specified in said
Section 114 and Section 308 and all regulations and guidelines issued there under.
26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 and 24
CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified
by Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance
under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map
amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and /or reduce the
cost of said flood insurance.
27. All shelters assisted under the ESG program and all housing occupied by program participants must adhere
to the requirement of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821 - 4846), the
Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 -4856) and implementing
regulations in 24 CFR part 35, subparts A, B, H, J, K, M and R. Such regulations pertain to all HUD -
assisted housing and require that all owners, prospective owners and tenants of properties construction prior
to 1978 be properly notified that such properties may include lead -based paint. Such notifications shall point
out the hazards of lead -based paints and explain the symptoms, treatment and precautions that should be
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taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level
screening for children under seven. The notice should also point out that if lead based paint is found on the
property, abatement measures may be undertaken. The regulations further require that, depending on the
amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement
may be conducted.
28. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National
Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part
800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as
they apply to the performance of this agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and
demolition of historic properties that are fifty years old or older or that are included on a federal, state or
local historic property list.
29. The SUBRECIPIENT must certify that it will provide drug -free workplaces in accordance with the Drug -
Free Workplace Act of 1988 (41 U.S.C. 701).
30. The SUBRECIPIENT agrees that no funds provided, nor personnel employed under the Agreement shall be
in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title
V of the U.S.C. (Hatch Act).
31. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier
contract, or other covered transaction, with a person who is similarly debarred or suspended from
participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K.
32. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and
agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal
controls, and maintain necessary source documentation for all costs incurred.
States Local Governments, and Indian Tribes follow:
• A -87 for Cost Principles (2 CFR 225)
• A -102 for Administrative Requirements
Educational Institutions (even if paid of a State or local government) follow:
• A -21 for Cost Principles
• A -110 for Administrative Requirements
Non -Profit Organizations follow:
• A -122 for Cost Principles (2 CFR 230)
• A -110 for Administrative Requirements
2 CFR 22.5 — Appendix E, Cost Principles for Non -Profit Organizations
33. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days
after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the
requirements and standards of OMB A -133, Audits of States, Local Governments, and Non - Profit
Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves
the right to recover any disallowed costs identified in an audit after such closeout.
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34. Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101), set forth in Appendix A to
2 CFR Part 170
35. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated
herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real.
Property Acquisition Policies Act of 1970 and 49 CFR 24, shall be subject to the provisions of 24 CFR
576.408 including, but not limited to, the provisions on use and disposition of property. A displaced person
must be advised of his or her rights under the Fair Housing Act (42 U.S.C. 3601 et seq.). This policy does
not require providing a person a larger payment than is necessary to enable a person to relocate to a
comparable replacement dwelling (See 49 CFR 24.505(c)(2)(ii)(D).
36. 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.
37. Lobbying - No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions and
shall comply with 24 CFR part 87.
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;
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S.C. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
38. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in
effect at the time of travel.
39. Any rule or regulation determined to be applicable by HUD.
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40, Florida Statutes 119.021 Records Retention
41. Florida Statutes, 119.071, Contracts and Public Records
42. Unaccompanied youth under 25 years of age, or families with children and youth who do not otherwise
qualify as homeless under the definition of homeless in 24 CFR 576.2, but who are defined under Section
387(3) of the Runaway and Homeless Youth Act (42 U.S.C. 5732a(3)), Section 637(l 1) of the Head Start
Act 42 U.S,C. 9832(11)), Section 41403(6) of the Violence Against Women Act of 1994 (42 U.S.C.
14043e- 2(6)), Section 330(h)(5)(A) of the Public Health Service Act (42 U.S.C. 254b(h)(5)(A)), Section
3(m) of the Food and Nutrition Act of 2008 7 U.S.C.2012(m)), Section 17(b)(15) of the Child Nutrition Act
of 1966 (U.S.C. 1786 (b)(15)), Section 725 of the McKinney -Vento Homeless Assistance Act (42 U.S.C.
11434a(2))
43. Section 6002 of the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act
and regarding those items identified in 40 CFR Part 247 of the EPA guidelines
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Grant # - M- 14 -UC -12 -0217
CFDA/CSFA# - 14.239
SUBRECIPIENT — Community
Assisted and Supported Living,
Inc
Agreement # HM14 -01
DUNS # - 940621519
IRIS # 492
FEID # - 65- 0869993
Fiscal Year End: 12/31
Monitoring Deadline: 10 /2025
AGREEMENT BETWEEN COLLIER COUNTY
AND
COMMUNITY ASSISTED AND SUPPORTED LIVING, INC. (CASL)
THIS AGREEMENT is made and entered into this day of
, 2014, 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 Community Assisted and Supported Living, Inc." a private not -for-
profit corporation existing under the laws of the State of Florida, having its principal office at
1401 16th Street, Sarasota, Florida 34236.
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 2014 -2015 for
the HOME Program on June 24,2014, Agenda Item 16138; and
WHEREAS, HUD has approved the County's Consolidated PIan One -Year Action Plan
for Federal Fiscal Year 2014 -2015 for the HOME Program and the use of the HOME funds for
the activities identified in the Plan; and
WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities
specified in this Agreement, in accord with the approved One -Year Action Plan; and
WHERE, AS, the COUNTY desires to engage the SUBRECIPIENT to implement such
undertakings of the HOME Program as a valid and worthwhile County purpose.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
contained, the Parties agree as follows:
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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
Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the
program as follows:
Proiect Component One: Building rehabilitation of multi - family housing for low to moderate
income adult individuals with disabilities.
1.1 SPECIAL GRANT CONDITIONS
A. Within thirty (30) calendar days of the execution of this agreement, the Subrecipient
must deliver to HHVS for approval a detailed project schedule for the completion of
the construction of the properties.
B. The following resolutions and policies must be adopted by the Subrecipient's
governing body within thirty (30) days of conveyance:
1. Fair Housing Policy
2. Marketing Plan
3. Fraud Policy
4. Affirmative Action/ Equal Opportunity Policy
5. Conflict of Interest Policy
6. Equal Opportunity Policy
7. Residential Anti - displacement and Relocation Policy
8. Sexual Harassment Policy
9. 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)
10. Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
1.2 PROJECT DETAILS
A. Project Description/Budget
Activity
Federal Funds
Match
Project Contponerrt One. Partial Funding for rehabilitation of
$60,000
multi- family rental housing.
Match
Minimum
Required match
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The Subrecipient will accomplish the following project tasks:
Proiect Tasks
I. Maintain documentation and income data on all households served in
compliance with 24 CFR 92.508
2. Provide Quarterly reports on project status (Exhibit C and D) and meeting an
eligible activity.
3. Required attendance by a representative from Executive Management at
quarterly partnership meetings, as requested
4. Provide Site Design and Specifications, as applicable
5. Prepare Bid Specifications and Engineer's Cost Estimate, if applicable
6. Obtain Sealed Bids and provide associated procurement documentation
7. Submit invoices to HHVS for rehabilitation costs for each unit
8. Once rehabilitation has been completed, HHVS will provide a lien for each
unit assisted for a period associated to the amount of HOME assistance
provided by the County
9. Market Analysis
10. Project Proforma prior to rehabilitation and updated at the completion of the
project
B. Income Requirements
Nominally all tenants must be at or less than 80% of AMI; but Program -wide Income
Targeting requires that 90% of rental families be at or less than 60% of AMI;
In projects with 5 or more HOME- assisted units, 20% of the units must be occupied
by families at or below 50% of AMI; and Incomes of tenants must be certified
initially and recertified annually.
C. Project Outcome
The SUBRECIPIENT will be reimbursed for the partial rehabilitation of multi - family
rental properties and the SUBRECIPIENT shall assure that the units are occupied by
tenants that qualify, pursuant to paragraph B above. The units will be deed restricted
for the affordability period subject to dollar of HOME funds invested to each unit.
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25% of total
HOME award
Grand Total:
$60,000
$15,000
The Subrecipient will accomplish the following project tasks:
Proiect Tasks
I. Maintain documentation and income data on all households served in
compliance with 24 CFR 92.508
2. Provide Quarterly reports on project status (Exhibit C and D) and meeting an
eligible activity.
3. Required attendance by a representative from Executive Management at
quarterly partnership meetings, as requested
4. Provide Site Design and Specifications, as applicable
5. Prepare Bid Specifications and Engineer's Cost Estimate, if applicable
6. Obtain Sealed Bids and provide associated procurement documentation
7. Submit invoices to HHVS for rehabilitation costs for each unit
8. Once rehabilitation has been completed, HHVS will provide a lien for each
unit assisted for a period associated to the amount of HOME assistance
provided by the County
9. Market Analysis
10. Project Proforma prior to rehabilitation and updated at the completion of the
project
B. Income Requirements
Nominally all tenants must be at or less than 80% of AMI; but Program -wide Income
Targeting requires that 90% of rental families be at or less than 60% of AMI;
In projects with 5 or more HOME- assisted units, 20% of the units must be occupied
by families at or below 50% of AMI; and Incomes of tenants must be certified
initially and recertified annually.
C. Project Outcome
The SUBRECIPIENT will be reimbursed for the partial rehabilitation of multi - family
rental properties and the SUBRECIPIENT shall assure that the units are occupied by
tenants that qualify, pursuant to paragraph B above. The units will be deed restricted
for the affordability period subject to dollar of HOME funds invested to each unit.
CASL
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D. Performance Deliverables
The Following Table Details the Project Deliverables
Program Deliverable
Deliverable Supporting
Submission Schedule
Proieeet Component One:
Documentation
Submission of monthly
invoices
Special Grant Condition Policies
Policies as stated in this
Within thirty (30) days of
Section 1.1
agreement
A reement.Execution
HQS Inspections
Inspection Form
Prior to Occupancy and annually
rental housing,
thereafter until.2025
Insurance
Insurance Certificate Exhibit A
Annually within thirty (30) days
of renewal until 2025
Detailed Project Schedule
Project Schedule
Within thirty (30) days of
Agreement Execution
Project Plans And Specifications
Site Plans and Rehabilitation
Prior to start of Rehabilitation
S ecifications
Income Documentation
Exhibit E
Prior to Occupancy and
.recertification of tenants
annually thereafter until 2025
Submission of Progress Report
Exhibit C & D
Monthly until completion of
rehabilitation. Quarterly Reports
until fill] occupancy. Annually
thereafter until 2025
Financial and Compliance Audit
Exhibit F
Annually one hundred eighty
(180) days after FY end until
2025
Continued Use Certification
Continued Use Affidavit
Annually until 2025
Tenant leases
Copy of lease document
Prior to occupancy
Occupancy and Tenant Income
OccupancyNacancy Report
Annually until 2025
Report and Rental Rate Report
E. Payment Deliverables
The Following Table Details the Payment Deliverables
Payment Deliverable
Payment Supporting
Documentation
Submission Schedule
Proieeet Component One:
Submission of supporting
documents must be provided as
Submission of monthly
invoices
Funding costs will include but
not limited to the following
backup as evidenced by contractor
expenses: Partial funding for
schedule of valueslinvoices or
rehabilitation of multi- family
equivalent, proof of permit close
rental housing,
out, if applicable, banking
documents, canceled checks, and
any additional documents as
needed.
Final 10 % 6,000 released upon
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1.3 TIME OF PERFORMANCE
Services of the SUBRECIPIENT shall start effective the date of the execution of this
agreement and shall end on 30"' day of September 2015. Rehabilitation activities shall be
completed by .2015 and the affordability period shall cease in 2025. 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.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available SIXTY THOUSAND DOLLARS ($60,000.00)
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 amendirlent(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.
SUBRECIPIENTS are 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.
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documentation/certification of
completion, 'final waiver of lien,
permit close, if applicable out and 4
units rehabilitated and satisfaction
of match requirement
Match
Submission of supporting
Quarterly
documents may also include cash or
in kind documentation; to include
canceled checks, banking
statements, invoices; additional
documentation may be requested
1.3 TIME OF PERFORMANCE
Services of the SUBRECIPIENT shall start effective the date of the execution of this
agreement and shall end on 30"' day of September 2015. Rehabilitation activities shall be
completed by .2015 and the affordability period shall cease in 2025. 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.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available SIXTY THOUSAND DOLLARS ($60,000.00)
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 amendirlent(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.
SUBRECIPIENTS are 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.
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The County shall reimburse the SUBRECIPIENT for the performance of this Agreement
upon completion or partial completion of the work tasks as accepted and approved by HHVS.
SUBRECIPIEN I' 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.
Final invoices are due .no later than 90 days after the end of the agreement. Work performed
during the term of the program but not invoiced within 90 days without written authorization
from the Grant Coordinator will not be reimbursed. The County Manager or designee may
extend the term of this Agreement for a period of up to 180 days. The extension must be
authorized prior to the expiration of the agreement. The extension must be authorized in writing
by formal letter to the Subrecipient. No payment will be made until approved by HHVS for grant
compliance and adherence to any and all applicable local, state or Federal requirements. Payment .
will be made upon receipt of a properly completed invoice and in compliance with §218.70,
Florida Statutes, otherwise known as the "Local Government Prompt Payment Act."
1.5 COST PRINCIPLES
Payments to the Grantee are governed by the Federal grants management rule for cost
allowability found at 24 CFR 85.22 (24 CFR 84.27 for nonprofit recipients). 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
Grantee can only incur direct costs that may be attributed specifically to the projects referenced.
above. The Grantee must provide adequate documentation for validating costs incurred..
Payments to Grantee's contractors and vendors are conditioned upon compliance with the
procurement requirements provided for in 24 CFR 85.36 or 84.40 -48, as applicable. Allowable
costs incurred by the Grantee shall be in compliance with OMB Circular A -87 Cost Principles
for State, .Local, and Indian Tribal Governments. Allowable costs incurred by nonprofit
recipients shall be in compliance with OMB Circular A -122 Cost Principles for Non - Profit
Organizations. Allowable costs incurred by procured private contractors shall be in
compliance with 48 CFR Part 31 Contract Cost Principles and Procedures. A Developer is
not subject to 24 CFR Part 84 and 24 CFR Part 85, however the County is Subject to 24 CFR
Part 85 and may impose requirements upon the Developer in order for the County to remain
compliant with its obligation to follow 24 CFR Part 85. 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
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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: Priscilla Doria, Grant Coordinator
Collier County Government
Housing, Human & Veteran Services Department
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
mailto: Priscil laDoria!,�),Coll iergov.net
Phone: 239- 252 -5312
SUBRECIPIENT ATI NTION: Mr. J. Scott Eller, CEO
Community Assisted & Supported Living, Inc.
(CASL)
1401 16" Street.
Sarasota, FL 34236
Scott .eller(a)renaissancemanor.ora
941- 365 -8645
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, Developer,
or Subrecipient within 30 days after receipt by the organization. Failure of the organization to
comply with the above audit requirements will constitute a violation of this contract and may
result in the withholding of future payments. The Subrecipient hereby agrees to have an annual
agency audit conducted in accordance with current Grantee policy concerning Subrecipient
audits and OMB Circular A -133.
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
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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
HHVS. 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 HHVS
if requested. In any event the SUBRECIPIENT shall keep all documents and
records in an orderly fashion in a readily accessible, permanent and secured
location for three (3) years after the date of submission of the annual performance
and evaluation report, as prescribed in 24 CFR 91.520 with the following
exception: if any litigation, claim or audit is started before the expiration date of
the three (3) year period, the records will be maintained until all litigation, claim
or audit findings involving these records are resolved. The COUNTY shall be
informed in writing if an agency ceases to exist after closeout of this Agreement
of the address'where the records are to be kept as outlined in 24 CFR 85.42. Meet
all requirements for retaining public records and transfer, at no cost, to COUNTY
all public records in possession of the SUBRECIPIENT upon termination of the
contract and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible
with the information technology systems of the public agency.
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.
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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 HHVS
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 bylaw.
2.3 MONITORING
During the term, SUBRECIPIENT shall submit an annual audit report and monitoring
report (Exhibit F) to the COUNTY no later than one hundred eighty (180) days after the
SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and
programmatic review.
The SUBRECIPIENT agrees that HHVS will carry out no less than one (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 92.2.09(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
HHVS, submit information and status reports required by HHVS or HUD to enable H.HVS to
evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT
shall allow HHVS or IIUD to monitor the SUBRECIPIENT on site. Such site visits may be
scheduled or unscheduled as determined by HHVS or HUD.
The COUNTY will monitor the performance of the SUBRECIPIENT based on goals and
performance standards as stated with all other applicable federal, state and local laws,
regulations, and policies governing the funds provided under this contract. Substandard
performance as determined by the COUNTY will constitute noncompliance with this Agreement.
If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after
being notified by the COUNTY, contract suspension or termination procedures will be initiated.
SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General
Accounting Office, the COUNTY, or the COUNTY's internal audi.tor(s) access to all records
related to performance of activities in this agreement.
2.4 CORRECTIVE ACTION
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Corrective action plans may be required for noncompliance, nonperformance., or
unacceptable performance tinder this contract. Penalties may be imposed for failures to
implement or to make acceptable progress on such corrective action plans.
In order to effectively enforce Resolution No. 2013 -228, Housing Human and Veteran.
Services (HHVS) has adopted an escalation policy to ensure continued compliance by
Recipients, Developers, or any entity receiving grant funds from HHVS: HHVS's policy for
escalation for non - compliance is as follows:
1. Initial non - compliance may result in Findings or Concerns being issued to the entity
and will require a corrective action plan be submitted to the Department within 15
days following the monitoring visit.
o Any pay requests that have been submitted to the Department -for payment will be
held until the corrective action plan has been submitted.
o HHVS will be available to provide Technical Assistance (TA) to the entity as
needed in order to correct the non - compliance issue.
2. If in the case an Entity fails to submit the corrective action plan in a timely manner to
the Department, the Department may require a portion of the awarded grant amount
be returned to the Department.
o The County may require upwards of five percent (5 %) of the acquisition amount
be returned to the Department, at the discretion of the Board of County
Commissioners.
o The entity may be considered in violation of Resolution No.. 201.3 -228
3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an
issue that was previously corrected, and has been informed by the Department of their
substantial non - compliance by certified mail; the Department may require a portion
of the awarded grant amount or the amount of the HOME investment for acquisition
of the properties conveyed, be returned to the Department.
o The Department may require upwards: of ten percent (10 %) of the acquisition
amount be returned to the Department, at the discretion of the Board of County
Commissioners.
o The entity will be considered in violation of Resolution No. 2013 -228
4. If in the case after repeated notification the Entity continues to be substantially non -
compliant, the Department may recommend the contract or award be terminated.
o The Department will make a recommendation to the Board of County
Commissioners to immediately terminate the agreement or contract. The Entity
will be required to repay all funds disbursed by the County for project that was
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terminated. This includes the amount invested by the County for the initial
acquisition of the properties.
o The entity will be considered in violation of Resolution No. 2013 -228
Yin the case the Entity has multiple agreements With the Department and is found to be non-
compliant, the above sanctions may be imposed across all awards at the discretion of the Board
of County Commissioners.
2.5 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 terns, SUBRECIPIENT shall submit quarterly progress reports to the
COUNTY on the I 01 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 Exhibits "C and W. Exhibits "C and D"
contain an example reporting form to be used in fiilfillment 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.
PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent
of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and
judgment.
3.2 GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of 24 CFR Part 92 of
HOME Investment Partnerships Program Grants including subpart H of these regulations, except
that (l) 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
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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 EMPLOYER/EMPLOYEE RELATIONSHIP NOT CREATED
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 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 an
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.
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 deternuned by the County Manager or designee, in his -her sole
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discretion and judgment, that the funds are no longer available. In the event of such termination,
the SUBRF.CIP.I.ENT agrees that it will not look to, nor seek to hold the COUNTY, nor any
individual member of the County Commissioners and /or County Adnunistration, 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. There are no funds being
granted in association with this Subrecipient 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, or ission,
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 HOUSING, HUMAN AND VETERAN SERVICES
DEPARTMENT"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team as well as
Equal Housing Opportunity to the general public. Construction signs shall comply with
applicable COUNTY codes.
3.8 DEFAULTS, REMEDIES AND TERMINATION
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In accordance with 24 CFR 85.43, this Agreement may also be terminated for
convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth
the reasons for such termination, the effective date, and, in the case of partial terminations, the
portion to be terminated. However, if in the case of a 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; or
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 teens 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 irmnediate repayment by SUBRECIPIENT to the County of all HOME
funds the 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;
F. Terminate this Agreement by giving written notice to the SUBRECIPIENT of
such termination and specifying the effective date of such termination. If the
Agreement is terminated by the County as provided herein, SUBRECIPIENT
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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 Iaw 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 and outlined in Exhibit "A" has been
obtained, and carried, at all times during its performance.
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 Grants and
Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments
(24 CFR Part 85; Part 84 for non - profits), and the federal regulations for the HOME funds (24
CFR 92 et seq.).
3.12 PURCHASING
SUBRECIPIENT's are required to follow Federal Procurement regulations and Collier
County's purchasing thresholds.
All purchasing for services and goods, including capital equipment, shall be made by
purchase order or by a written contract and in conformity with the thresholds of Collier County
Purchasing Policy.
Purchasing Threshold Policy
Dollar Range $
Quotes
Under $3K
1 Written Quote
$3K to $50K
3 Written Quotes
Above $50K
Request for Proposal (RFP)
Invitation for Bid IFB)
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3.13 PROGRAM - GENERATED INCOME
Any ".Program. Income" (as such term is defined under applicable Federal regulations)
gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the
COUNTY through an annual program income re -use plan, utilized by the SUBRECIPIENT and
shall be in compliance with 24 CFR 570.503(c) in the operation of the Program.
3.1.4 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 affordability period on each unit 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 IX.B.4, the SUBRECIPIENT shall comply with
Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A
conflict between state and federal ;law records retention requirements will result in the more
stringent law being applied such that the record must be held for the longer duration. Any
balance of unobligated funds which have been advanced or paid must be returned to the
COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled
under the terms and conditions of this Agreement must be refunded to the COUNTY.
SUBREC.IP.I.ENT shall also produce records and information that complies with Section 215.97,
Florida Single Audit Act. The County requires a recorded Mortgage, Deed and Note for each
property upon completion of each HOME unit as applicable. SUBRECIPIENT shall execute any
additional documents and provide additional information as may be necessary for the County to
enter into these additional documents.
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
BUSINESS ENTERPRISES
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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 A.MI) 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 cant' 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 SUBRECI.PIENT 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 ", and the State and County statutes, regulations, ordinance or resolutions
governing conflicts of interest. Any possible conflict of interest on the part of the
SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however,
that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the
statutory requirement that maximum opportunity be provided for employment of and
participation of low and moderate- income residents of the project target area.
The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval
prior to entering into any contract with an entity owned in whole or in part by a covered person
or an entity owned or controlled in whole or in part by the SUBRECIPIENT The COUNTY
may review the proposed contract to ensure that the contractor is qualified and that the costs are
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reasonable. Approval of a conflict of interest contract will be in the COUNTY's sole discretion.
This provision is not intended to limit SUBRECIPIENT's ability to self - manage the projects
using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT or
its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall
be interpreted in such a manner so an not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low and moderate
income residents of the project target area.
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 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.
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 92 as amended- All the regulations regarding the 140ME program
htti2: / /www. eefr. gov /cgi- bin /text-
idx ?SID- c6cee34b7aabl a869c49c109I cf69e98 &node = 24:1.1.1 1 41 &rgn =div5
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link:
http: / /w ,",w.ecf .gov /cgi - bin /text-
idx ?c= eefr& tpl= /eefrbrowse /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. htlp://wmw.hud.gov/offices/flieo/library/huddoistatement.pdf
ces/ fheo /library/huddoistatement.pdf
E.O. 11063 — Equal Opportunity in Housing
http• / /iortal hud pov/hudportal /HUD ?sre = /program offices/fair housing equal opp /FH
Laws/EXO 11063
E.O. 11259 Leadership & Coordination of Fair Housing in Federal Programs
littp: / /www archives gov /federal - register /codification/executive- order /12259.htm.l
24 CFR Part 107 - Non Discrimination and Equal 'Opportunity in Housing under E.O.
http:/ /www.law.comell.edu/cf- /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
littp://portal.bud.gov/hudportal/HIJD?src= /12rograi-n offices /fair housingegua.l opp /grog
desc /title8
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:J /N"w eeoc.flov /ecoe/ history /35th/thelaw /eo -I 1246.1itml
EO 11375 and 1 2086: see item #8 below
4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity
Act of I972, 42 USC § 2000e, el. seq. The SUBRECIPIENT will, in all solicitations or
advertisements for employees placed by or on behalf of the SUBRECIPIENT; state that it
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is an Equal Opportunity or Affirmative Action employer.
http: / /ww,w,ce(ic.gov /laws /statutes /titievii.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
RECIPIENT's Sub - recipients and subcontractors. Failure to fulfill these requirements
shall subject the COUNTY, the SUBRECIPIENT and any of the RECIPIENT'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 SUBRFCIPIENT 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 SUBRECIPIENT very
low - income participants in other HUD programs.
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The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity
exists that would prevent compliance with these requirements. http://www.eefr.f'ov/cgi-
bili/ text- idx? c= ecfr& tp1= /ecfrbrowsefl "itle24 /24efr135 main 02.tp1.
4.10 Age Discrimination Act of 1975, Executive Order. 11063, and Executive Order 11246 as
amended by Executive Orders 11375, 11478, 12107 and 120.86.
Age Discrimination Act of 1975 - :http : / /www.dol.gov /oasani/regs /statutes /age act,.htrn
11063:http: //`portal:hud. oN,/hudpo.rtal /HUD ?sl•c = /,: pro ,ram offices /fair housing equal o
12p/FHL.aws/EX011063
11246: http: / /www.eeoc.p-ov /erne/ history /35th/thelaw /eo- 1.1.246.htmi
11375: Amended by EO 11478
11478: http: / /vkww.arciiives.gov/ federal -re; Lister /codifiication/executive- order /I 14781tinl
1.2107: http: / /www.arcliives.gov /federal - register/ codification / executive - order. /l2107:itini
12086: littp: / /«wur.archives.gov/ federal - register /codiBcation/executive- order / 12086.htm1
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327 -332.
http:// usacee.ngineeiingpamplets2 .tpub.com/EP- 1180- 1 -1/EP- 1180- 1- 10012.htm
4.12 Section 504 of the - Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 92.251
Section 504: http:// evww. ena.f,,gv /eivilriglits /sec5O4.htm.
29 USC 776: http: // law .onecle.com /uscode /29/776.html
4,:13 The Americans with Disabilities Act of 1990
littp:HN"v- %,.fhwa.dot. ova /realestate/ua/index.btm
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended. http:Hv,",nv.fhwa. dot .aov /realestate/ua/. ndex.htni
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 401.0 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 by Loans or Grants from the United States -
ltttp://vrww.l aw. comel l.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: / /,A,wN'v.law.comcll.edu /cfr /text/29 /Part-5
Executive Order 1.1914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects. http:// www1) residencv .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.
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E.O. 11625 Prescribing additional arrangements for developing and coordinating a
national program for minority business enterprise http: / /NN,�vw.mbda.gQv /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: hitu:// fedgoveontracts.corn/pe02- 192.htm
4.1.8 Public Law 100 -430 - the Fair Housing Amendments .Act of 1985.
littr.)://w,A,Nv.ncbi.nlm.iiih.gov/r)tibmed/12289709
4.19 Immigration Reform and Control Act of 1986
litip: / /«,�x,w eeoc goy /ecoc /history /35th/thelawlirca.html
4.20 Prohibition Of Gifts To County Employees - No organization or individual shall offeror
give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier
County Ethics Ordinance No. 2004 -05., as amended, and County Administrative
Procedure 5311. Florida Statutes -
http• / /w%k-w lawserver com/ taw / state /floridalstatutes /florida statutes chapter 112 part ii
Collier County -
ht.tn: / /becsp0l / SiteDirectory /ASD/HR/labor /CMAs /Shared %20Documents /CMA %20531
1.1 % 20Standards %2OoP /o2OConduct.pdf
4.21 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.
4.22 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).
4.23 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 the 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
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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, 201h 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,
htti)://w",w.flsenate.gov/Laws/Statute.-,/2010/44.102
4.24 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act; 41 USC 7401, et seq. lrttQ// www .Iaw.coniell.eduluscodeltext/42 /7401
b. Federal Water Pollution Control Act, 33 USC 12510 et seq., as amended.
http://w,A,-w.law.comell.edu /Ltscode/text/33/chapter-26
The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. hqp://www.law.comell.edu/uscode/text/42/7401
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
http://www.law,comell.edu/uscodeltext/33/chanter-26
4.25 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.gpv /cei_
bin/text-
i dx?c =ecfr &S ID= eba4Obdb5 2822d80827a48bced 5bOb56 &r_gn =div8 &view =text &node =2
4:3.1.1.3.4.11.1.6 &idno =24
4.26 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
4.27 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.
htII2://www.pps.govfhisto!y/for-al-la-v,.,inhpal966.htm
http: / /w-ww.ecfr.gov /c gi- bin/text-
ids,? c= eefr& tpl = /ecfrbrowse/Title36 /36efr800 main 02.1p1
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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.
littp : / /www.nps.wv /history /Local - law /nhpa 1966.htm.
4.28 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 /N,id/drug- free - workplace- requirements- contractors - 19242870
4.29 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.
4.30 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is
applicable, and agrees to adhere to the accounting principles and procedures required
therein, utilize adequate internal controls, and maintain necessary source documentation
for all costs incurred.
States, local governments, and Indian Tribes follow;
• A -87 for Cost Principles
• A -102 for Administrative Requirements
Educational Institutions (even if -part of a State or local government ) follow:
• A -21 for Cost Principles
• A -110 for Administrative Requirements
Non - Profit Organizations follow:
• A -122 for Cost Principles
• A -110 for Administrative Requirements
OMB Circular A87: http://v%lww.whilehouse.gov/omb/circulars a087 2004/
OMB Circular A102 :http.//w%,,-w.wliitehouse.gov /omb /circulars al02/
OMB Circular A21.:hM2: / /wwiv.wliitehou-,e.gov /omb /circulars a021. 2004/
OMB Circular AI IO:hgp: / /www.xvhitehouse.gov /onib /circulars a110/
OMB Circular A122: http: /hkxN•w.whitehouse.pov /onib /circulars a122 2004/
4.31 Audits shall be conducted annually and shall be submitted to the COUNTY one hundred
eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The
SUBRECIPIENT shall comply with the requirements and standards of OMB A -133,
Audits of States, Local Governments, and Non -Profit Organizations. If this Agreement is
closed out prior to the receipt of an audit report, the COUNTY reserves the right to
recover any disallowed costs identified in an audit after such closeout.
http: / /wwkv.tvhitehouse.gov /omb /circulars!a]33 compliance ance supplement 2011
Clarification of Eligible Audit Costs
The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the
cost certification of costs performed by a certified public accountant. This has always
been an eligible cost; the amendment clarifies and codifies this.
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http: / /avww, law. cortiell.edu/cfr/text/24/92.206
4.32 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
litti)://ww,w.fliNva.dot.gov/realestate/tia/index.htin
httl2://www.law.comel.l.edu/cfrftext/49/24. 101
4.33 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
4.34 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
SUBRECIPIENT's shall certify and disclose accordingly.
4.35 Travel reimbursement will be based on the U.S. General Services Administration (GSA)
per diem rates in effect at the time of travel.
4.36 Any rule or regulation determined to be applicable by HUD.
4.37 Florida Statutes 713.20, Part 1, Construction Liens
littp: / /wivw.[eA.state.fl:us /Statutes /index.cfiu ?App mode= Display Statute&URL=0700-
0799/0713/071.3.html
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4.38 Florida Statutes 119.021 Records Retention
http:Hwww.lawsei-ver.com/ law / state /florid,,/statutes/florida statutes 119 -021
4.39 Florida Statutes, 119.071, Contracts and Public Records
http:l /µ� w.,le .state_.fl.us /Statutes /index.cfm ?Avp mode = Display Statute&URI,-01(?0-
0199/0119 /Secti ons/0119.07.111ml
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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)(2)
(i) Use of the HOME funds. The agreement must describe the amount and use of the HOME
funds for one or more programs, including the type and number of housing projects to be funded
(e.g., the number of single- family homeowners loans to be made or the number of homebuyers to
receive downpayment assistance), tasks to be performed, a schedule for completing the tasks
(including a schedule for committing funds to projects in accordance with deadlines established
by this part), a budget, any requirement for matching contributions and the period of the
agreement. These items must be in sufficient detail to provide a sound basis for the participating
jurisdiction to effectively monitor performance under the agreement.
(ii) Program income. The agreement must state if program income is to be remitted to the
participating jurisdiction or to be retained by the subrecipient for additional eligible activities.
(iii) Uniform administrative requirements. The agreement must require the subrecipient to
comply with applicable uniform administrative requirements, as described in §92.505.
(iv) Other program requirements. The agreement must require the subrecipient to carry out each
activity in compliance with all Federal laws and regulations described in subpart H of this part,
except that the subrecipient does not assume the participating jurisdiction's responsibilities for
environmental review under §92.352 and the intergovernmental review process in §92.357 does
not apply. The agreement must set forth the requirements the subrecipient must follow to enable
the participating jurisdiction to carry environmental review responsibilities before HOME funds
are committed to a project.
(v) Affirmative marketing. The agreement must specify the subrecipient's affirmative marketing
responsibilities in accordance with §92.351.
(vi) Requests for disbursement of finds. 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. Program
income must be disbursed before the subrecipient requests funds from the participating
jurisdiction.
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(vii) Reversion of assets. The agreement must specify that upon expiration of the agreement, the
subrecipient must transfer to the participating jurisdiction any HOME funds on hand at the time
of expiration and any accounts receivable attributable to the use of HOME funds.
(viii) 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.
(ix) Enforcement of the agreement. The agreement must specify remedies for breach of the
provisions of the agreement. The agreement must specify that, in accordance with 24 CFR 85.43,
suspension or termination may occur if the subrecipient materially fails to comply with any term
of the agreement. The participating jurisdiction may permit the agreement to be terminated for
convenience in accordance with 24 CFR 85.44.
(x) Written agreement. Before the subrecipient provides HOME funds to for- profit owners or
developers, nonprofit owners or developers or sponsors, subrecipients, homeowners,
homebuyers, tenants (or landlords) receiving tenant -based rental assistance, or contractors, the
subrecipient must have a written agreement that meets the requirements of this section. The
agreement must state if repayment of HOME funds or recaptured HOME funds must be remitted
to the participating jurisdiction or retained by the subrecipient for additional eligible activities.
(xi) Fees. The agreement must prohibit the subrecipient and any community housing
development organizations from charging servicing, origination, or other fees for the costs of
administering the HOME program, except as permitted by §92.214(b)(1).
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.
HOME Required Affordability Period Rental
Affordability Periods (92.252(e))
Minimum period of affordability
in years
Rehabilitation or acquisition of existing housing per unit
amount of HOME funds: Under $15,000
5
$15,000 to $40,000
10
Over $40,000 or rehabilitation involving refinancing
15
New construction or acquisition of newly constructed
housing
20
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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 2 bedroom units is $157,699.
As a rental housing project, the Affordability Period during which
SUBRECIPIENT must maintain compliance with all applicable HOME rules shall be a
maximum of fifteen (15) years depending on the amount assisted per unit. The
Affordability Period will not commence until the Project has met the requirements for
Project Completion outlined in 24 CFR 92.2, which will require that construction be
complete, all HOME funds have been disbursed by the COUNTY and drawn from the US
Treasury, and required completion data has been entered in HUD's IDIS Federal
Reporting System. The COUNTY will notify the SUBRECIPIENT of the actual date of
completion and the exact date of the expiration of the affordability period, which shall be
calculated based on the date of completion. The COUNTY 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 Collier County.
If necessary, the COUNTY may execute an amendment to the Covenant Running with
the Land that extends the affordability restrictions of 24 CFR 92.252 to the exact date of
expiration of the affordability period. 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 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 homebuyeis, 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.
CAST,
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IN WITNESS WHEREOF: the Subrecipient and the County, have each, respectively,
by an authorized person or agent, hereunder set their hands and seals on the date first written
above.
ATTEST:
DWIG14T E. BROCK, CLERK
Deputy Clerk
Datcd: _
(SEAL) _
1
Witness 7Z
Name and Title
Witness f°
N annd Title
Approved as to form and legality:
Jenn ifer A.. Belpedio
Assistant County Attorney
CASs
irorre 1416114-01
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BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By: - .............. _.
TO:Iv1 HE,NNING, CHAIRMAN
Community Assisted and Supported Living, Inc.
By: 114��
Cott Eller, CEO
%
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PART VI
EXHIBITS
EXHIBIT "A"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran
Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of
Insurance evidencing insurance coverage that meets the requirements as outlined below:
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:
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5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount
not less than one hundred (100 %) percent of the insurable value of the building(s)
or structure(s). The policy shall be in the name of Collier County and the
SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973
(42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in
an area identified by the Federal Emergency Management Agency (FEMA) as
having special flood hazards, flood insurance under the National Flood Insurance
Program is obtained and maintained as a condition of financial assistance for
acquisition or construction purposes (including rehabilitation).
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:
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.
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EXHIBIT "B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
SECTION I: REOUEST FOR PAYMENT
Sub recipient Name: Community Assisted and Supported Living, Inc. (CASL)
Sub recipient Mailing Address: 1401 10h Street, Sarasota, FL 34236
Project Name: Rehabilitation of Multi - Family Rental Housing
Agreement No: HM14 -01 Payment Request #
Total Payment Minus Retainage: $
Period of Availability: through
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. 10% Retainage Amount Withheld
7. Current Grant Balance (Initial Grant Amount
Awarded Less Sum of all requests) $
I certify that this request for payment has been made in accordance with the terms and
conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best
of my knowledge and belief, all grant requirements have been followed.
Signature Date
Title
Grant Coordinator Grant Accountant
Supervisor (approval required $15,000 and above)
Dept Director (approval required $15,000 and above)
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EXHIBIT "C"
REPORTING SCHEDULE
The Subrecipient shall submit quarterly reports to Grantee based on the following schedule.
Reports shall be submitted according to this schedule as long as this Agreement is in force:
Activity Reporting Period
Report Due Date
October l " — December 31'
January 10'
January 31 ' — March 31'
Aril 10"
A ril l$ —June 30
July 10"
Jul 1" —September 30
October 10"
HOME SUBRECIPIENT AGREEMENT
COMMUNITY ASSISTED AND SUPPORTED LIVING, INC.
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.
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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.
4ctivl This:Re ortm 'rP.engd
No. Active Projects
No. Projects Complete
No. Properties Sold
TOTAL
HOUSEHOLD INFORMATION
Complete these tables for those properties sold during this reporting period.
No. Extremely-Low Income Households 0 -30% AM])
No. Very-Low Income Households 31 -50% AMI
No. Low - Income Households 5I -80% AMI
No. Female Head of Households
TOTAL
RACE AND ETHNICITY BENEFICIARIES
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
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EXHIBIT "D"
QUARTERLY PERFORMANCE REPORT DATA
GENERAL
9/23/2014 16.D.1.
Grantee is required to submit to HUD, through the Integrated Disbursement Information System
( "IDIS ") Quarterly Performance Reports ( "QPR" ). To facilitate in the preparation of such
reports, Subrecipient shall submit the information contained herein within ten (10) days of the
end of each calendar quarter.
1. OVERALL PROGRESS NARRATIVE
Describe overall progress made in operating the HOME program.
2. FINANCIAL DATA
Provide (1) program funds expended and (2) program funds obligated.
3. ACTIVITY PROGRESS NARRATIVE
Described rehabilitation progress and include an updated project work planAchedule
4. PROPERTY DATA/DEMOGRAPHIC DATA
For each unique address grantee must provide in detail (1) Lead Based Paint Status, (2)
Costs associated with the property (HOME assistance and the amount of any private
funds contributed), (3) Beneficiary information (Race, Ethnicity, Income Level, Female
head of household), (4) Number of Bedrooms.
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EXHIBIT "E"
INCOME CERTIFICATION
INSTRUCTIONS
9/23/2014 16.D.1.
Submit completed form, including appropriate supporting documentation to Grantee to obtain
approval prior to the sale or lease 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)
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C. Anticipated Annual Income: Includes Unearned Income and Support Paid on
Behalf of Minors
Member
Wages I
Benefits /
Public
Other
Salaries
Pensions
Assistance
Income
(include tips,
commissions,
Asset
bonuses, and
Income
overtime
I
(Enter the
greater of
2
box B(b) or
3
box B(c),
above, in
4
5
box C(e)
below)
6
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. I /we :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)
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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 60 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
B y Race ! Ethnicity
By Age
Native
American
Indian
Asian
Black
Hawaiian or
Other Pac.
White
Other
0-25
26 - 40
41-61
62+
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.
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EXHIBIT "F"
ANNUAL AUDIT MONITORING REPORT
OMB Circular A -.133 Audits of- States, ;Local ovemments,:and; Nan - Profit Organizations,re.quires.the :Collier
County Housing, Human and 1/eterans Seances. Department :to monitor oursub..rec�pientS of federal awards
and determine, whether they hav'et; the. audit regwrements of,`he.:circular..and whether .they are,in .
compliance with federal laws and..regulafions .`Accordingly, we are requiring that you. check.nne. of ,the .
following, provide ail. appropriate documentation regarding your organization's compliance with the audit .
re u�rements,`ai n and date:this.f6rm.
Subrecipient .Name
_.
F' Ye
fiscal a
..
Total State Financial Msistance Expended during
most recent) coin leted Fiscal Year
Total.FsderaL:FinancigI Assistance`Expended during most
recent) ,'com Ieted Fiscal Year
Check Appropriate Boxes
We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending
❑
as indicated above and have completed our Circular A -133 audit. A copy of the audit report
and management letter is attached.
We exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending as
❑
indicated above and expect to complete our Circular A -133 audit by . Within
30 days of completion of the A -133 audit, we will provide a copy of the audit report and
management letter.
❑
We are not subject to the requirements of OMB Circular A -133 because we:
❑ Did not exceed the $500,000 federal /state expenditure threshold for the fiscal year
indicated above
• Are a for - profit organization
• Are exempt for other reasons — explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
III nnuln s were noieu, piea5e enclose a copy o1 >`ne responses anu correcuve action pian.1
Certification Statement
hereby .certify that the .above information is true and .accurate.
Signature Date
Print Name and Title
This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements.
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Grant ## - E- 13- UC- 12 -0024E
CFDA/CSFA# - 14.231
Subrecipient — The Shelter for Abused
Women and Children, Inc.
DUNS # - 836680769
IDIS# 447
FETI # - 59- 2752895
FY End 06/30
Monitoring Deadline 01/2015
A reement# ES 13 -01
AMENDMENT NO. 1 TO AGREEMENT BETWEEN COLLIER COUNTY
AND
THE SHELTER FOR ABUSED WOMEN AND CHILDREN, INC.
THIS AMENDMENT, made and entered into on this _ day of , to the subject
agreement shall be by and between the parties to the original Agreement, The Shelter for Abused Women and
Children, Inc., (hereinafter called the "Subrecipient ") authorized to do business in the State of Florida, whose
business address is P.O. Box 10102, Naples, FL 34101, and Collier County, apolitical subdivision of the State
of Florida, Collier County, Naples (hereinafter called the "County ") having its principal address as 3339 E.
Tamiami Trail, Naples FL 34112.
Statement of Understanding
RE: EMERGENCY SOLUTIONS GRANT
In order to continue the services provided for in the original Agreement document referenced above, the parties
agree to amend the Agreement as follows:
Words Struel Through are deleted; Words Underlined are added:
(Dollar amounts have original underlines)
WITNESSETH:
WHEREAS, the Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan - One -Year Action Plan for Federal Fiscal Year FY2013 -2014 HUD Annual Action Plan at
the August 13, 2013 absentia meeting, ratified at the September 10, 2013 Board of County Commissioners
meeting; and
WHEREAS, HUD has approved the Collier County Consolidated Plan concerning the preparation of
various Annual Action Plans, the County advertised a substantial amendment on March 11, 2014 with a 30 -day
citizen comment period from March 11, 2014 through April 10, 2014; and approved the Collier County
The Shelter for Abused Women & Children
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Consolidated Plan concerning the preparation of various Annual Action Plans.
WHEREAS, the Agreement requires modification to rename the funding source to EMERGENCY
SOLUTIONS GRANT PROJECT in order to correct a scrivener's error, reference match, and add new standard
template, purchasing and invoice language; and.
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
I. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards
required as a condition of providing ESG funds, as determined by Collier County Housing, Human and Veteran
Services (HHVS), perform the tasks necessary to conduct the program as follows:
A. PROJECT DETAILS
Emergency Solutions Grant ESG Program
Project Component One: Personnel costs to support a Security Officer for 52 27 weeks for thirty
(30) hours per week at $16.00 per hour. The Security Officer monitors the emergency shelter
facility which is vital to daily operations. 75% of their 40 hour week will be charged to the
proj ect.
Project Component Two: Utilities - which includes electric, phone & internet, trash removal,
and water and sewer costs to operate the shelter facility.
Project Component Three: -EnvirenmeRtal Review Required environmental review of p
will w 4 Qe ndueted before p eet e n begs. Insurance cost necessary for the operation of the
V—
emergency shelter.
Project Component Four: Shelter Operation: Security system expenses and Food to be purchased
and provided for persons to be served.
1. Project Tasks
a. Maintain documentation on all households served in compliance with
24 CFR 576.500
b. Provide quarterly reports on meeting an ESG National Objective
c. Provide Environmental Review Assessment
d. Submit invoices to HHVS for environmental
e. Required attendance by a representative from Executive Management at quarterly
partnership meetings, as requested
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11. TIME OF PERFORMANCE
Services /Activities of the SUBRECIPIENT shall start on the 1St day of April, 2014 and end on the 31st
day of Mareh, 201 December 31, 2014. The services /activities of the SUBRECIPIENT shall be undertaken
and completed in light of the purposes of this Agreement. Any funds not obligated by the expiration date of this
Agreement shall automatically revert to the COUNTY.
1II. AGREEMENT AMOUNT
The COUNTY agrees to make available SEVENTY -NINE THOUSAND FIVE HUNDRED EIGHTY
FOUR DOLLARS ($79,584) for the use by the SUBRECIPIENT during the Term of the Agreement
(hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a
result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds ").
The budget identified for the Shelter Operations Project shall be as follows:
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ESG
Line Item Description
ESG Funds
Match
Funds
(1:1)
Project Component One: Personnel: 75% of
$ $12,960
1FTE Security Officer, 30 hours per week
annually @ $16 per hour x 5-2 27 weeks:
Project Component Two: Utilities which
$53,9 �4-_$46,660
includes electric, phone & internet, trash
removal, and water and sewer costs to
operate the shelter facility.
Project Component Three: F,,,,, ing eas
: but limited to the fell i ,-
$- 758$13.964
will ,hide not
Insurance
cost necessary for the operation of the
emergency shelter.
Project Component Four: Shelter Operation:
$6,000
Security system expenses and Food to be
purchased and provided for persons to be
served.
ESG Match Requirement
Documentation of ESG
$79,584
Eligible matching funds
TOTAL
$ 79,584
$ 79,584
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The following table details the project deliverables and payment schedule:
PAYMENT DELIVERABLES
Deliverable
Pay ment- Supporting Documents
Submission Schedule
Project Component One: funding will assist
Upon invoicing using Exhibit B will
Monthly
with emergency shelter personnel support of a
reimburse allowable expenses with
Security Coordinator (including taxes).
documentation including but not
limited to properly completed invoice,
Project Component Two: Utilities which
timesheets, payroll, banking, canceled
includes electric, phone & internet' trash
checks, utility document(s), and any
removal, and water and sewer costs to operate
the shelter facility.
additional supporting documentation
as needed.
Project Component Three: Insurance cost
necessary for the operation of the
emergency shelter.
Project Component Four: Shelter
Operation: Security system expenses and
Food to be purchased and provided for
persons to be served.
Final 10% ($7,958.40) released upon
documentation of a minimum of 500
persons served and will be deducted
from each invoice
WA
i
but to the f llew
$
Znelude net linited ft b
ESG Match
Supporting Match documentation
Monthly
from Thrift Shoppe Revenue
PROGRAM DELIVERABLES
Deliverable
Program — Deliverable Supporting
Submission Schedule
Documents
Creation and maintenance of income
N/A
Ongoing
eligibility files on clients served
Progress Reports
Exhibit C
Quarterly
Proof of Insurance
Insurance Certificate
Annually within 30
days of renewal
Affirmative Action Plan
Plan Documents
Within 60 days of
executed agreement
and updates submitted
annually
Annual Audit
Audit Report with Management
6/30 annually
Letter and Exhibit E
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IX. ADMINISTRATIVE REQUIREMENTS
I. CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under tl-is contract. Penalties may by e unposed for failures to implement or to make acceptable
progress on such corrective action plans.
In order to effectively enforce Resolution No. 2013 -228 Housing Human and Veteran Services (HHVS)
has adopted an escalation policy to ensure continued compliance by Subrecipients Developers or any entity
receiving grant funds from HHVS. HHVS's policy for escalation for non - compliance is as follows:
1. Initial non - compliance may result in Findings or Concerns being issued to the entity and will require
a corrective action plan be submitted to the Department within 15 days following the monitoring
visit,
o Any pay requests that have been submitted to the Department for payment will be held until the
corrective action plan has been submitted.
o HHVS will be available to provide Technical Assistance (TA) to the entity as needed in order to
correct the non - compliance issue.
2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the
Department, the Department may require a portion of the awarded grant amount be returned to the
Department.
o The County may require upwards of five percent (5% ) of the acquisition amount be returned to
the Department, at the discretion of the Board of County Commissioners.
o The entity may be considered in violation of Resolution No. 2013 -228
3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an issue that was
previously corrected, and has been informed by the Department of their substantial non - compliance
by certified mail, the Department may require a portion of the awarded grant amount or the amount
of the CDBG investment for acquisition of the properties conveyed be returned to the Department.
o The Department may require upwards of ten percent 0 0% of the acquisition amount be returned
to the Department, at the discretion of the Board of County Commissioners.
o The entity will be considered in violation of Resolution No. 2013 -228
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4.
If in (tie case after reheated notification the !�jn tity
_.continues to `be SUbstantially non-c.ompliant. the
Qcj2q!j1Dc11t may recom,mcrid the contract or award be terminaled.
o The Department will make a recon-mirridation to the Board ofCoLtu,[y Cgminissionci's to
imniediately terniinale the agreement or contract. The Entity will be required to repay all funds
disbursed by the Count for project that was lerrninal.ed. This includes the amount invested. by
01C COLIFItY lOr the initial acquisition of die proocrtics.
o The entitv will be considered in violation ofRc.solution No. 2013-228
Y —
�!/Llh� ease the Ewitj; has multiple ewreementy with the Delwamew mul is
above sanctionsmerit be imposect across (1/1 awar(ts at the discretion of/he Bourd of Cotqwr Commissimirl's.
IN WITNESS WHEREOF, the GRANTEE and SUBRECIPIENT, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
AYI'EST:
Dwight E. Brock, Clerk of Courts
By: _
Dated:
(SEAL)
First Witness
TType/print witness narneT
Second Witness
T'I'ype/print witness namet
'T'he Shcher 1br Abused Women & Chiltimn
2013-14 17SG1 WS 1.3 -01)
F.mergeticy Solutions Graw
Utilities & Personnel
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
`IOM HENNING, CHAIRMAN
TI-1E SHELTE:R I"OR ABUSED VIOMI N AND
CHILDREN, I N C.
By:
Print:
Titic:
ApprovM as to Form and legality:
Jennifer A. Belpedio
Cy
Assistant County Attorii
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Grant # B- 14 -UC -12 -0016
CFDA /CSFA# 14.218
Subrecipient — Grace Place for Children
and Families, Inc.
DUNS # - 187241067
FEID# - 65- 1229558
IDIS # - 487
Fiscal Year End: 6/30
Monitor End: 10/2019
AGREEMENT BETWEEN COLLIER COUNTY
AND
GRACE PLACE FOR CHILDREN AND FAMILIES, INC.
RENOVATION AND CAMPUS EXPANSION
THIS AGREEMENT is made and entered into this day of , 2014, 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 Grace Place for Children
and Families, Inc. ("Subrecipient "), having its principal office at 4300 21" Avenue, SW,
Naples, Florida, 34116.
WHEREAS, the County has entered into an agreement with the United States
Department of Housing and Urban Development (HUD) for a grant for the execution and
implementation of a Community Development Block Grant Program in certain areas of Collier
County, pursuant to Title 1 of the Housing and Community Development Act of 1974 (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 2013 -2014 for
the CDBG Program with Resolution 2014 -129 on June 24,2014— Agenda Item 16D8; and
WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier
County CDBG program; and
WHEREAS, the County and Subrecipient wish to set forth the responsibilities and
obligations of each in undertaking the CDBG Grace Place Renovation and Campus
Expansion Project; and
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is
agreed by the Parties as follows:
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PART
SCOPE OF WORK
The Subrecipient shall, in a satisfactory and proper manner and consistent with any
standards required as a condition of providing CDBG assistance, as determined by Collier
County Housing, Human and Veteran Services (HHVS), to perform the tasks necessary to
conduct the program as follows:
The Grace Place Renovation and Campus Expansion Project will contain the follow
deliverables:
• Replace 20 year old roof of existing food pantry building
• Renovate two bathrooms to be ADA compliant
• Replace 35- years -old leaking windows and doors to meet hurricane code
• Add exit door to one classroom for fire safety
• Construct interior wall to replace moveable partition
• General upgrades to electrical wiring and addition to insulation in ceilings
• Addition of food delivery entrance and 600 sq. ft. food storage room, and
reconfigure current kitchen and food storage
• Site work consisting of a new delivery driveway, addition of sidewalks to the
entire campus, landscaping and other required site development according to
approved plans.
Specifically, improvements identified for funding are outlined in the Project Details
Section 1.2.
The detailed project scope will be contained in the schedule of values awarded in the
project's construction contract. The project's construction contract will include details
sufficient to document the number, amount and costs associated with all activities for
payment.
1.1 SPECIAL GRANT CONDITIONS
A. Within thirty (30) calendar days of the execution of this agreement, the Subrecipient
must deliver to HHVS for approval a detailed project schedule for the completion of
the project.
B. The following resolutions and policies must be adopted by the Subrecipients's
governing body within thirty (30) days of conveyance:
1. Affirmative Fair Housing Policy
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2, Affinnative Action/ Equal Opportunity Policy
3. Fraud Policy
4. Conflict of interest Policy
5. Equal Opportunity Policy
6. Procurement Policy
7. Residential Anti - displacement and Relocation Policy
8. Sexual Harassment Policy
9. 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)
10. Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
1.2 PROJECT DETAILS
A. Project Description
Improvements
Federal Funds
Project Component I.,:. Facility Renovation and Expansion— Install
$178,000
new roof, two ADA bathrooms, replacement of all exterior doors &
windows up to hurricane code, electrical system, modify existing
walls, additional exit door and install ceiling insulation.
Project Component 2• New Driveway and Site Development —
$15,000
Install new driveway to provide access to the new pallet delivery
door for the premises.
Project Component 3: Sidewalk — Install new sidewalks on all road-
40,000
sides (21" Avenue and 42"' Street) of the property.
Project Component 4• Professional Services and Pennittiniz Fees-
22,000
Architect, Civil Engineer, Project Manager and Environmental
consultant and permitting fees.
Project Component 5: Landscaping— install proper landscaping to
35,000
meet county standards for the driveway and parking lot.
Project Component 6:.. Project Delivery— Staff time allocated to
10,000
managing and tracking of activities and costs for the project.
$300,000
The Subrecipient will accomplish the following project tasks:
Project Tasks
1. Maintain and provide to the County participant income certification
documentation (Exhibit E)
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2. Provide quarterly reports on progress and national objectives
3. Provide monthly construction and rehabilitation progress reports until
completion of construction and rehabilitation.
4. Identify Lead Project Manager
5. Provide Site Design and Specifications
6. Comply with Davis Bacon Labor Standards
7. Provide Certified Payroll weekly throughout construction and rehabilitation
8. Provide interior and exterior rehabilitation, as approved by the County
9. Comply with Uniform Relocation Act (URA) if necessary
10. Provide property landscaping
11. Ensure newly constructed structures are 504 /ADA compliant
12. Ensure that rehabilitated structures are as 504 /ADA complaint as possible
13. Required attendance by a representative from Executive Management at
quarterly partnership meetings, as requested.
B. National Objective
The CDBG program funds awarded to Collier County must benefit low - moderate
income persons (LMI). As such the Subrecipient shall be responsible for ensuring that
all activities and beneficiaries meet the definition of Low - Moderate Area (LMA) and
Limited Clientle Activities (LMC).
C. Project Outcome
The Subrecipient will perform construction/rehabilitation activities on the campus (to
include but not limited to a new roof, two ADA compliant bathrooms, upgraded electrical
system, new windows and doors up to hurricane code, new interior wall, an addition of an
exterior exit door, ceiling insulation, a 600sq. ft. addition for food storage, construction of
a food delivery entrance, new driveway, new pallet delivery door, new sidewalks on all
road -sides (21st Avenue and 42nd Street) of the property, landscaping of premises. The
project will result in 1,500 households assisted through the food pantry and 800 LMI
persons assisted through the free educational and literacy programs per year.
The property will be deed restricted for five (5) years commencing on the date of initially
meeting one of the National Objectives in accordance with 24 CFR 570.505.
D. Performance Deliverables
The Following Table Details the Project Deliverables
Program Deliverable
Deliverable Supporting
Submission Schedule
Documentation
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Special Grant Condition Policies
Policies as stated in this
Within thirty (30) days of
(Section 1.1)
a reement
A Bement Execution
Insurance
Insurance Certificate – See
Annually within thirty (30) days
to the following expenses:
Exhibit A
of renewal
Detailed Project Schedule
Project Schedule
Within thirty (30) days of
Existing Facility
and any additional documents as needed.
Agreement Execution
Project Plans And Specifications
Site Plans and Rehabilitation
Prior to Construction Start
Specifications
Submission of Progress Report
Exhibit C & D
Quarterly until completion and
provided as backup and including a Certification of
closeout of project. Annually
Completion issued by the Collier County Building
thereafter until 2020
Financial and Compliance Audit
Exhibit F
Annually one hundred eighty
Project Component Two: Funding
Submission of supporting documents must be
180 days. after FY end
Continued Use Certification
Continued Use Affidavit
—7n—nually
Annually until 2020
income Reuse Plan
Plan approved by the Count y
until 2020
Revenue Plan for Maintenance
Plan approved by the County
Initial plan due after completion
and Capital Reserve
documents as needed.
of rehabilitation and annually
Final l o% (($1,500) released upon delivered
thereafter until 2020
E. Payment Deliverables
The Following Table Details the Payment Deliverables
Payment Deliverable
Payment Supporting Documentation
Submission
Schedule
Proiect Component One_ Funding
Submission of supporting documents must be
Submission
costs will include but not limited
provided as backup as evidenced by properly
of monthly
to the following expenses:
completed invoices, timesheets, payroll registers,
invoices- See
Renovations and Expansion of
banking documents, cancelled checks, vehicle logs,
Exhibit B
Existing Facility
and any additional documents as needed.
Final 10% ($17,800) released upon delivered
completed renovations and improvements.
Supporting proof of payment documents must be
provided as backup and including a Certification of
Completion issued by the Collier County Building
Department.
Project Component Two: Funding
Submission of supporting documents must be
Submission
costs will include but not limited
provided as backup as evidenced by properly
of monthly
to the following expenses:
completed invoices, timesheets, payroll registers,
invoices- See
Driveway and Site Development
banking documents, vehicle logs, and any additional
Exhibit B
documents as needed.
Final l o% (($1,500) released upon delivered
completed driveway according to submitted plans.
Supporting proof of payment documents must be
provided as backup.
Project Component Tiu•ee:
Submission of supporting. documents must be
Submission
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Funding costs will include but not
provided as backup as evidenced by properly
of monthly
limited to the following expenses:
completed invoices, timesheets, payroll registers,
invoices- See
Sidewalk
banking documents, vehicle logs, and any additional
Exhibit B
documents as needed.
Final 10% ($4,000) released upon the delivery and
completion of install sidewalks in conformance to
county specifications and inspection. Supporting
proof of payment documents must be provided as
back up.
Project Component Four:
Submission of supporting documents must be
provided as backup as evidenced by properly
Submission
of monthly
Funding costs will include but not
limited to the following expenses:
completed invoices, timesheets, payroll registers,
invoices- See
Architect, Civil Engineer,
banking documents, vehicle logs, and any additional
Exhibit B
permits, Environmental
documents as needed.
consultants and project manager
Final 10% ($2,200) released upon documentation of
fees
a minimum of all necessary pennits, drawing and
fees associated with the completion of the project.
Project Component Five: Funding
Submission of supporting documents must be
Submission
costs will include but not limited
provided as backup as evidenced by properly
of monthly
to the following expenses:
completed invoices, timesheets, payroll registers,
invoices- See
Landscaping
banking documents, vehicle logs, and any additional
Exhibit B
documents as needed.
Final 10% ($3,500) released upon documentation of
a minimum of delivered completed Landscaping
improvements.
Project Component Six: Funding
Submission of supporting documents must be
Submission
costs will include but not limited
provided as backup as evidenced by properly
of monthly
to the following expenses: Project
completed invoices, timesheets, payroll registers,
invoices- See
Delivery
banking documents, vehicle logs, and any additional
Exhibit B
documents as needed.
Final 10% ($1,000) released upon documentation of
a minimum of the required supporting proof of
payment documents
Final 10% retainage released
Supporting proof of payment documents, including a
End of
upon completion of the project
Certification of Completion must be provided as
Project
and proof of individuals served.
backup including final beneficiary information for
all individuals and households served.
Individuals Served
Final beneficiary information for all individuals
Quarterly
Proof of a minimum that 800
served.
persons are served by providing
free educational and literacy
programs via exhibit D submitted
uarterl
Individuals Served
Final beneficiary information for all households
Quarterly
Proof of a minimum that 1500
served.
households are served through the
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food pantry via exhibit D
submitted quarterly
Inventory Submittal of asset Inventory Log Annually
inventory for equipment
irchased — submitted annually
1.3 TIME OF PERFORMANCE
Services of the Subrecipient shall start effective the date of the execution of this
agreement and shall end on September 30, 2015,
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available THREE HUNDRED THOUSAND
DOLLARS and 00 /100 ($300,000) for the use by the SUBRECIPIENT for GRACE PLACE
RENOVATION AND CAMPUS EXPANSION PROJECT during the Tenn of the Agreement
(hereinafter, the aforestated amount including, without limitation, any additional amounts
included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to
as the "Funds').
The SUBRECIPIENT project budget shall be as follows:
Line Item Description
CDBG
Funds
Project Component #I- Renovations of existing facility
$178,000
Project Component 42- Driveway and Site Development
$
15,000
Project Com onent #3- Sidewalk
$
40,000
Project Component 44- Architect, Civil Engineer, permits,
$
22,000
Environmental consultants and project manager fees
Project Component #5- Landscaping
$
35,000
Project Component #6- Project Delivery
$
10,000
TOTAL
$300,000
Budgeted fund shifts between line items and project components shall not be more than
10% and does not signify a change in scope. Fund shifts that exceed 10% of a line item and a
project component shall only be made with board approval.
All improvements specified in Section 1. Scope of Work shall be performed by
SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure
acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into
contract for improvements with the lowest, responsive and qualified bidder. Contract
administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall
have access to all records and documents related to the project.
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The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by HHVS.
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for
eligible costs, and all disbursements requests must be limited to the amount needed at the time of
the request. invoices for work performed are required every month. SUBRECIPIENT may
expend funds only for allowable costs resulting from obligations incurred during the tern of this
agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not
yet prepared to send the required backup, a $0 invoice will be required. Explanations will be
required if two consecutive months of $0 invoices are submitted. Payments shall be made to the
SUBRECIPIENT when requested as work progresses but, not more frequently than once per
month. Reimbursement will not occur if Subrecipient fails to perform the minimum level of
service required by this agreement. Final invoices are due no later than 90 days after the end of
the agreement. Work performed during the term of the program but not invoiced within 90 days
without written authorization from the Grant Coordinator will not be reimbursed.
The County Manager or designee may extend the term of this Agreement for a period of up to
180 days. The extension must be authorized prior to the expiration of the agreement. The
extension must be authorized in writing by formal letter to the Subrecipient.
No payment will be made until approved by HHVS for grant compliance and adherence to any
and all applicable local, state or Federal requirements. Payment will be made upon receipt of a
properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known
as the "Local Government Prompt Payment Act."
1.5 COST PRINCIPLES
Payments to the Grantee are governed by the Federal grants management rule for cost
allowability found at 24 CFR 85.22 (24 CFR 84.27 for nonprofit recipients). 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
Grantee can only incur direct costs that may be attributed specifically to the projects referenced
above. The Grantee must provide adequate documentation for validating costs incurred.
Payments to Grantee's contractors and vendors are conditioned upon compliance with the
procurement requirements provided for in 24 CFR 85.36 or 84.40 -48, as applicable. Allowable
costs incurred by the Grantee shall be in compliance with OMB Circular A -87 Cost Principles
for State, Local, and Indian Tribal Governments. Allowable costs incurred by nonprofit
recipients shall be in compliance with OMB Circular A -122 Cost Principles for Non - Profit
Organizations. Allowable costs incurred by procured private contractors shall be in
compliance with 48 CFR Part 31 Contract Cost Principles and Procedures. A Developer is
not subject to 24 CFR Part 84 and 24 CFR Part 85, however the County is Subject to 24 CFR
Part 85 and may impose requirements upon the Developer in order for the County to remain
compliant with its obligation to follow 24 CFR Part 85. 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 or the Admin Plan.
1.6 NOTICES
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Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means.
Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All
notices and other written communications under this Agreement shall be addressed to the
individuals in the capacities indicated below, unless otherwise modified by subsequent written
notice.
COLLIER COUNTY ATTENTION: Gino Santabarbara, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: ginosantabarbara @colliergov.net
SUBRECIPIENT ATTENTION: Stephanie Munz Campbell, Executive Director
Address: 4300 21" Avenue SW, Naples, Florida 3411.6
Email: Stephanie @g►•aeeplacenaples.org
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PART II
GRANT CONTROL REQUIREMENTS
2.1 AUDITS
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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 Ateement for review,
inspection or audit.
Any deficiencies noted in audit reports must be fully cleared by the Grantee, Developer,
or Subrecipient within 30 days after receipt by the organization. Failure of the organization to
comply with the above audit requirements will constitute a violation of this contract and may
result in the withholding of future payments. The Subrecipient hereby agrees to have an annual
agency audit conducted in accordance with current Grantee policy concerning Subrecipient
audits and OMB Circular A -133.
2.2 RECORDS AND DOCUMENTATION
The Subrecipient shall maintain sufficient records in accordance with 24 CFR 570.502
and 570.506 to determine compliance with the requirements of this Agreement, the CDBG
Program and all other applicable laws and regulations. This documentation shall include, but not
be limited to, the following:
A. All records required by CDBG 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
HHVS. 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 HHVS
if requested. In any event the SUBRECIPIENT shall keep all documents and
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records in an orderly fashion in a readily accessible, permanent and secured
location for three (3) years after the date of submission of the annual performance
and evaluation report, as prescribed in 24 CFR 91.520 with the following
exception: if any litigation, claim or audit is started before the expiration date of
the three (3) year period, the records will be maintained until all litigation, claim
or audit findings involving these records are resolved. The COUNTY shall be
informed in writing if an agency ceases to exist after closeout of this Agreement
of the address where the records are to be kept as outlined in 24 CFR 85.42. Meet
all requirements for retaining public records and transfer, at no cost, to COUNTY
all public records in possession of the SUBRECIPIENT upon termination of the
contract and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible
with the information technology systems of the public agency.
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 HHVS
shall be the final arbiter on the SUBRECIPIENT's compliance.
G. The SUBRECIPIENT shall document how the National Objective(s) as defined in
24CFR 570.208 and the eligibility requirement(s) under which funding has been
received, have been met. These also include special requirements such as
necessary and appropriate determinations as defined in 24 CPR 570.208, income
certification, and written Agreements with beneficiaries, where applicable.
H. 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 F) to the COUNTY no later than one hundred eighty (180) days after the
SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and
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programmatic review.
The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on -site
monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion,
a desk top review of the activities may be conducted in lieu of an on -site visit. The continuation
of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon
the request of HHVS, submit information and status reports required by HHVS or HUD to
enable HHVS to evaluate said progress and to allow for completion of reports required. The
SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site
visits may be scheduled or unscheduled as determined by HHVS or HUD.
The COUNTY will monitor the performance of the SUBRECIPIENT based on goals and
performance standards as stated with all other applicable federal, state and local laws,
regulations, and policies governing the funds provided under this contract. Substandard
performance as determined by the COUNTY will constitute noncompliance with this Agreement.
if corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after
being notified by the COUNTY, contract suspension or termination procedures will be initiated.
SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General
Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records
related to performance of activities in this agreement.
2.4 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, Housing Human and Veteran
Services (HHVS) has adopted an escalation policy to ensure continued compliance by
Subrecipients, Developers, or any entity receiving grant funds from HHVS. HHVS's policy for
escalation for non- compliance is as follows:
1. Initial non - compliance may result in Findings or Concerns being issued to the entity
and will require a corrective action plan be submitted to the Department within 15
days following the monitoring visit.
o Any pay requests that have been submitted to the Department for payment will be
held until the corrective action plan has been submitted.
o HHVS will be available to provide Technical Assistance (TA) to the entity as
needed in order to correct the non- compliance issue.
2. If in the case an Entity fails to submit the corrective action plan in a timely manner to
the Department, the Department may require a portion of the awarded grant amount
be returned to the Department.
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o The County may require upwards of five percent (5 %) of the acquisition amount
be returned to the Department, at the discretion of the Board of County
Commissioners.
o The entity may be considered in violation of Resolution No. 2013 -228
3. if in the case an Entity continues to fail to correct the outstanding issue or repeats an
issue that was previously corrected, and has been informed by the Department of their
substantial non - compliance by certified mail; the Department may require a portion
of the awarded grant amount or the amount of the CDBG investment for acquisition
of the properties conveyed, be returned to the Department.
o The Department may require upwards of ten percent (10 %) of the acquisition
amount be returned to the Department, at the discretion of the Board of County
Commissioners.
o The entity will be considered in violation of Resolution No. 2013 -228
4. If in the case after repeated notification the Entity continues to be substantially non-
compliant, the Department may recommend the contract or award be terminated.
o The Department will make a recommendation to the Board of County
Commissioners to immediately terminate the agreement or contract. The Entity
will be required to repay 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.
o The entity will be considered in violation of Resolution No. 2013 -228
If in the case the Entity has multiple agreements with the Department and is found to be non -
compliant, the above sanctions may be hnlposed across all alVards at the discretion of the Board
of Count} Commissioners.
2.5 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 10 °i 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" & "D ". Exhibit "C" & "D "contains
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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.
PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent
of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and
judgment.
3.2 GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of
Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG)) including subpart K of these regulations,
except that (1) the SUBRECIPIENT does not assume the recipient's environmental
responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the
recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52
and (3) SUBRECIPIENT is not required to follow federal procurement and (4) for
DEVELOPERS revenue generated is not considered program income. The CDBG program was
funded through the Housing and Community Development Act of 1974. . 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.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner,
as creating or establishing the relationship of employer /employee between the parties. The
SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the
services to be performed under this Agreement. The Grantee shall be exempt from payment of all
Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers'
Compensation Insurance, as the SUBRECIPIENT is an independent contractor.
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
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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.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from CDBG 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 CDBG funds pertaining to this Agreement.
In the event of curtailment or non - production of said federal funds, the financial sources
necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be
available. In that event, the COUNTY may terminate this Agreement, which termination 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. There are no finds being
granted in association with 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 Stalutes. This Section
shall survive the expiration of termination of this agreement.
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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 HOUSING, HUMAN AND VETERAN SERVICES
DEPARTMENT"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team as well as
Equal Dousing Opportunity to the general public. Construction signs shall comply with
applicable COUNTY codes.
3.8 DEFAULTS, REMEDIES AND TERMINATION
In accordance with 24 CFR 85.43, this Agreement may also be terminated for
convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth
the reasons for such termination, the effective date, and, in the case of partial terminations, the
portion to be terminated. However, if in the case of a 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; or
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.
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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 CDBG
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;
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 and in addition to any and all other
remedies available to the COUNTY (whether under this Agreement or at law or in equity) the
SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of
termination (or expiration) and any accounts receivable attributable to the use of CDBG funds
per 24 CFR 570.503(b) (7).
The COUNTY's receipt of any funds on hand at the time of termination shall not waive
the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of
the funds or property, as the COUNTY may deem necessary.
3.10 INSURANCE
SUBRECIPIENT shall not commence any work and /or services pursuant to this
Agreement until all insurance required as outlined in Exhibit "A" has been obtained, and
carried, at all times during its performance.
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 Grants and
Cooperative Agreements to State, Local and Federally Recognized hndian Tribal Governments
(24 CFR Part 85), and the federal regulations for the Community Development Block Grants (24
CFR 570 et seq.).
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3.12 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement regulations and Collier
County's purchasing thresholds.
3.13 PROGRAM - GENERATED INCOME
Any "Program Income" (as such term is defined under applicable Federal regulations)
gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the
COUNTY through an annual program income re -use plan, utilized by the SUBRECIPIENT and
shall be in compliance with 24 CFR 570.503(c) in the operation of the Program.
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 (5) year 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 IX.B.4, the SUBRECIPIENT shall comply with Section 119.021 Florida
Statutes regarding records maintenance, preservation and retention. A conflict between state and
federal law records retention requirements will result in the more stringent law being applied
such that the record must be held for the longer duration. Any balance of unobligated funds
which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess
of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this
Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and
information that complies with Section 215.97, Florida Single Audit Act.
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.
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3.16 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN -OWNED
BUSINESS ENTERPRISES
The SUBRECIPIENT will use its best efforts to afford small businesses, minority
business enterprises, and women's business enterprises the maximum practicable opportunity to
participate in the performance of this 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
At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement
must be low- and moderate- income persons. If the project is located in an entitlement city, as
defined by HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the
beneficiaries directly assisted under this Agreement must reside in unincorporated Collier
County or in municipalities participating in the County's Urban County Qualification Program.
The project shall assist beneficiaries as defined above for the time period designated in Exhibit
"C" of this Agreement.
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 fiends. The Affirmative Action will need to be updated throughout
the five year 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 570.611 "Conflict
of Interest ", and the State and County statutes, regulations, ordinance or resolutions governing
conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its
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employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low and moderate -
income residents of the project target area.
The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval
prior to entering into any contract with an entity owned in whole or in pant by a covered person
or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY
may review the proposed contract to ensure that the contractor is qualified and that the costs are
reasonable. Approval of an identity of interest contract will be in the COUNTY's sole
discretion. This provision is not intended to limit SUBRECIPIENT's ability to self - manage the
projects using its own employees. Any possible conflict of interest on the part of the
SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however,
that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the
statutory requirement that maximum opportunity be provided for employment of and
participation of low and moderate income residents of the project target area.
3.20 RELIGIOUS ORGANIZATIONS
CDBG funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The
SUBRECIPIENT shall comply with First Amendment Church /State principles as follows:
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 CDBG funds to support any
inherently religious activities, such as worship, religious instruction or proselytizing.
d. The funds shall not be used for the acquisition, construction or rehabilitation of
structures to the extent that those structures are used for inherently religious activities.
Where a structure is used for both eligible and inherently religious activities, CDBG
funds may not exceed the cost of those portions of the acquisition, construction or
rehabilitation that are attributable to eligible activities in accordance with the cost
accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels,
or other rooms that a CDBG funded religious congregation uses as its principal place
of worship, however, are ineligible for CDBG funded improvements.
3.21 SEVERABILITY
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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.
PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
littp://,Alww.law,cornell.edu/cfr/text/24/pat-t-570
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure.. Link:
http` // wNV\N�.ecfr.!)-ov /ci -i- bin /text-
idx` rc= ecfr&. thl= /eefrbrowse/Title24 /o4efi -58 plain 02.tpl
4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development
Act of 1974 as amended
http 7 /portal hud Gov /liudportal /HUD ?src= /prop,ram offices /fair housing equal opp /FH
Laws/ 109
4.4 The Fair Housing Act (42 U.S.C. 3601 -20) Reasonable Accommodations Under the Fair
Housing Act. http• / /wrcv« hud t Gov/ offlees/ flieo /Iibrat-\1 /11uddoistatement.pdf
E.O. 11063 —Equal Opportunity in Housing
http /t2ortal hud <Tov/hudl)rtal'HUD ?src= /pro <tiram offices /fair housing equal 01201-1 F
l.,avn,s /EXO 11063
E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs
htt : / /\Niw w.arcliives._,ov/ federal- i-ei_-,istei-/codiiicatioii /executive- order /12259.html
24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.O.
http: / /N -AJw.l aw.corne l l.ed u /cfr /text /24 /part -107
4.5 Title VI of the Civil Rights Act of 1964 as amended, Title Vi11 of the Civil Rights Act of
1968 . as amended
http: // poi- tal. htid. (-!oy!liudportaUHUD`'sre= /pi-o�,,rim offices /fair housing equal oc2pit�ras�
descltitle8
4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063
which prohibits discrimination and promotes equal opportunity in housing.
lhttl) Lyov /fdsys /pkg/ CFI : - 2007- titIe?4- voI3!pdf /CFR- 2007- title24 -vo13-
sec570- 602.pdf
4.7 Executive Order 11246 ( "Equal Employment Opportunity "), as amended by Executive
Orders 1 1375 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 11246:17n : / /����tr�.eeoc.�4ov /eeoe/ history /35thr'thelaawfeo- 11246.html
EO 11375 and 12086: see item 98 below
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4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity
Act of 1972, 42 USC § 2000e, e!. 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: / /NN,v,ti, eeoc Lor=llawSlstatutes /titlevii.cfin
4.9 24 CPR 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 file COUNTY, the SUBRECIPIENT and any of the
SUBRECIPIENT's Sub- recipients and subcontractors. Failure to fulfill these
requirements shall subject the COUNTY, the SUBRECIPIENT and any of the
SUBRECIPIENT's Sub- recipients and subcontractors, their successors and assigns, to
those sanctions specified by the Agreement through which Federal assistance is provided.
The SUBRECIPIENT certifies and agrees that no contractual or other disability exists
that would prevent compliance with these requirements.
The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and
to include the following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a
program providing direct Federal financial assistance fi-om 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 CDBG - funded project is located; where feasible, priority
should be given to low- and very low - income persons within the service area of the
project or the neighborhood in which the project is located, and to low- and very low -
income participants in other HUD programs; and award contracts for work undertaken in
connection with a housing rehabilitation (including reduction and abatement of lead -
based paint hazards), housing construction, or other public construction project to
business concerns that provide economic opportunities for low- and very low- income
persons residing within the metropolitan area in which the CDBG- funded project is
located; where feasible, priority should be given to business concerns that provide
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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. littp:/!wwxN,.ecfr.uov/c2i-
bin/ text- idx? c= ecfi•R tp l= /ecfrbrourselTitte24 /24efi-135 main 02.ta1
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 - htti ): / /NA,"�w.dol.,-,ov /oasam /reLs /statutes /aue act.lztin
11 063 :httl2:/ /portal`hud * ov Aiudportal /1-IUD ?src= /pro�4ram offices /fair housing equal o
pp /FH La N .\fs!EX 01106'
11246: littl2:,/www.eeoc.Lov/eeoc/iiistot-v/-'y5tii/tiiela\NF/eo-I 1246.11tinl
1 1375: Amended by EO 11478
11478: littp : / /www archives gov /federal- reaistei- /codification /executive - order /i 1478.1itml
12107: httn: / /vvwN \° archives Lyov /federal- reuister /codificatioii/ executive - order /12107.litinl
12086: http / /\v��,w archives L)ro /federala•e«ister/ codification /execrative- order!12086.htinl
4.11 Contract Work Hours, and Safety Standards Act, 40 USC 327 -332.
lltl[2://LlSaCeelluiiieeriii_(,]2amplets2.tpub.com/EP-1 190-l-1/EP-1 180.-1-10012.htm
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614
Subpart K.
Section 504: http:l! ��« ��. cpa .�ovlcivilri =�hts /sec504.htm
29 USC 776: littp: HlaxN ,.oiiecle.com /uscode /29/776.litml
24 CFR 570.614: http://v,,,,NwN� .laxv7.cojiiell_edu /cfi- /tcxt /241 -570.614
4.13 The Americans with Disabilities Act of 1990
litt�) : / /wwwv.thu- a.dot. ,iov /realestate /ua/index.litln
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended. littp: / / «twNk,,.11i",a.dot.t!ov /realestate ?ua /iiidex.litm
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 CDBG. (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 Uhited States -
htt�/ /w•'��'w.laY�.carraelLedu!cti/text /29iparC -1
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.l ivN,.cornell.edu /cfr /text /29 /hart -5
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Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects. littj2: / /Nk,ww presidency ucsb edu /w5 /index:nhp ?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: / /wm w.mbda.Lov /node /33 3
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
570.607, as revised by Executive Order 13279. The applicable non - discrimination
provisions in Section 109 of the HCDA are still applicable.
24 CFR 570.607: http: / /xN,,Aw gpo tlov /fdsys /pk( /CFR- 2010- title24- vol3 /pdf /CFR -2010-
t it:le24 -vol3 -sec5 70- 608.pdf
E.O. 13279: http• / /fedt ovcontracts .coin /pe02- 192.htiii
4.18 Public Law 100430 - the Fair Housing Amendments Act of 1988.
littp: / /«rwwr iicbi nlm.niii.aov /pubmed/i 2289709
4.19 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Non - Profit Organizations and
specified by the following subsections: litti):!/NN•N!w.law.cc)rnell .edu /cfr /text /24 /part -84
Subpart A — General;
Subpart B — Pre -Award Requirements, except for 84.12, Forms for Applying for
Federal Assistance;
Subpart C — Post -Award Requirements, except for:
• Section 84.22, Payment Requirements- Grantees shall follow the standards of
85.20(b)(7) and 85.21 in making payments to SUBRECIPIENT;
• Section 84.23, Cost Sharing and Matching;
• Section 84.24, Program income — in lieu of 84.24 CDBG SUBRECIPIENT
shall follow 570.504;
• Section 84.25, Revision of Budget and Program Plans;
• Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENT shall
follow 570.505;
• Section 84.34(g), Equipment— In lieu of the disposition provisions of 84.34(8)
the following applies:
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• In all cases in which equipment is sold, the proceeds shall be program
income (pro -rated to reflect the extent to which CDBG funds were
used to acquire time equipment); and
• Equipment not needed by the SUBR.ECIPIENT for CDBG activities
shall be transferred to the recipient for the CDBG program or shall be
retained after compensating the recipient;
• Section 84.51(b), (c), (d), (e), (1) and (h), Monitoring and Reporting Program
Performance;
• Section 84.52, Financial Reporting;
• Section 84.53(b), Retention and Access Requirements for Records. Section
84.53(b) applies with the following exceptions:
• The retention period referenced in 84.53(b) pertaining to individual
CDBG activities shall be three years; and
• The retention period starts fi-om the date of submission of the annual
performance and evaluation report, as prescribed in 24 CFR 91.520, in
which the specific activity is reported on for the final time rather than
from the date of submission of the final expenditure report for the
award;
o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG
SUBRECIPIENT's shall comply with 570.503(b)(7); and
Subpart D — After - the -Award Requirements — except for 84.7 1, Closeout Procedures
4.20 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local
Governments shall be followed for sub recipients that are governmental entities.
lntrtp• / /�� ��tv.ecfr_aov /c��i- binfte�a-
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4.21 Immigration Reform and Control Act of 1986
httn' / /\ ,,nvx,, eeoc twov/'eeoe'histor\` /35th /thela\N! /irc.a.htmI
4.22 Prohibition Of Gifts To County Employees - No organization or individual shall offer or
give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part 1II, Florida Statutes, Collier
County Ethics Ordinance No. 2004 -05, as amended, and County Administrative
Procedure 5311. Florida Statutes -
http• //�,\ NN va 1avAtserver com/ law /state ,lForida /stattites /floi-ida Statutes chanter 112 part iii_
Collier County -
htt ; / /bees 01 /SiteDirectory /ASD /HR/ labor /CMAs/ Shared ",o2ODocurnents /CMA.%b20531
1 1 %',, OStandai- ds %20of'ir,2OC:onduct.pol*
4.23 Orden- 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 tine terms of the
Contract Documents cannot be resolved by application of the Supplemental Conditions, if
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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.
424 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).
4.25 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith
effort to resolve any such disputes by negotiation. Any situations when negotiations,
litigation and /or mediation shall be attended by representatives of SUBRECIPIENT with
full decision - making authority and by COUNTY'S staff person who would make the
presentation of any settlement reached during negotiations to COUNTY for approval.
Failing resolution, and prior to the commencement of depositions in any litigation
between the parties arising out of this Agreement, the parties shall attempt to resolve the
dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the
State of Florida. Should either party fail to submit to mediation as required hereunder,
the other party may obtain a court order requiring mediation under § 44.102, Florida
Statules. The litigation arising out of this Agreement shall be Collier County, Florida, if
in state court and the US District Court, 20t" 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.
htti):/ /\v,ww Insenate.tiov/Law,s /S tatutes/2010/44.102
4.26 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. httrr: / /wwrw.laAy,.coriiell.edu /uscode /text/42/7401
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
http• / /w,ww =) awr cornell.edu /uscode/text/33 /chapter -26
4.27 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for
activities located in an area identified by FEMA as having special flood hazards, flood
insurance under the National Flood Insurance Program is obtained and maintained. If
appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which
would satisfy this requirement and /or reduce the cost of said flood insurance.
litip / /www,,.ecfi i-,ov /c,i- bin /text-
ida ?c:= ecfl-&. SID= eba4Obdb5' 8?2 dSO827a48bced5bOb56c °&.rx4n =div8&view�= text&:node =2
4:3.1.1.3.4.1 I . l .6 &idno =24
4.28 The SUBRECIPIENT agrees that any construction or rehabilitation of residential
structures with assistance provided under this contract shall be subject to HUD Lead -
Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K.
htt : / /www,,ecfi-_,,2ov /cai- bin /text-
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idx'? c.= ecfr& S1[?= eha40bdb5l822d80827a48beed5bOb56 &r�u1n =div8f- view= text&,node =2
4:3.1.1.3.4.11.1.9& i dno =24
4.29 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set
forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and
the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation
Procedures for Protection of Historic Properties, insofar as they apply to the performance
of this agreement.
htt� / /��rw�r:n�.��ov /history /local- law /nhpa 1966.1itm
http : / /wv, =w.ecfr. <L,ov/c<zi- bin /teat-
idx? c= ecfr&. ti)l= /ecfi-bi-osyse /Title36 /36cfr800 main 02.1p1
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: / /ww»�:nps., ov/liisiory /local - law /nlipa I966.htm
4.30 The SUBRECIPIENT must certify that it will provide drug -free workplaces in
accordance with the Drug -Free Workplace Act of 1988 (41 USC 701).
http : / /us -code vlex.com /yid /drug- free -wot-k glace- requirements - contractors - 19242870
4.31 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal Department or agency; and, that the
SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered
transaction, with a person who is similarly debarred or suspended from participating in
this covered transaction as outlined in 24 CFR 570.609, Subpart K.
��otf /cui- bin /text -
idx`?c =ecfrc&.SI D= eba40bdb52822d80827a48bced5bOb56 &,n-m =div8&vie «v= text&node =2
4: 3.1.1.3.4.1 1.1.10&.idno =24
4.32 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is
applicable, and agrees to adhere to the accounting principles and procedures required
therein, utilize adequate internal controls, and maintain necessary source documentation
for all costs incurred.
States local governments, and Indian Tribes follow:
• A -87 for Cost Principles
• A -102 for Administrative Requirements
Educational Institutions (even if part of a State or local government) follow:
• A -21 for Cost Principles
• A -110 for Administrative Requirements
Non - Profit Organizations follow:
• A -122 for Cost Principles
• A -110 for Administrative Requirements
OMB Circular A87: http : tiOi tell o Use. Rov /omb /circulars aO87 2004/
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OMB Circular A ] 02: http:// Nvww .wiliteliouse.�lov /c)mblcii-culars a]02/
OMB Circular A21.: httR :� /�-\,\,\.iN=.- wliltehouse,,,iov /omb /circulars a021 2004/
OMB CircularA110:http / /www.wllitehouse.aov /omb /circulars a110/
OMB Circular A 122: htip• / /wwwwhiteliouse.�,ov /onib /circulars a122 2004/
4.33 Audits shall be conducted annually and shall be submitted to the COUNTY one hundred
eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The
SU RECIPIENT shall comply with the requirements and standards of OMB A -133,
Audits of States, Local Governments, and Non-Profit Organizations. if this Agreement is
closed out prior to the receipt of an audit report, the COUNTY reserves the right to
recover any disallowed costs identified in an audit after such closeout.
htt ileho use. gov /omb /circulars /a 133 compliance supplement 2011
Clarification of Eligible Audit Costs
The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the
cost certification of costs performed by a certified public accountant. This has always
been an eligible cost; the amendment clarifies and codifies this.
littL):HwwxN,.Iaw.coi-iiell.edu/cfr/tex.t/24/92.-.'—)06
4.34 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the
projects stated herein, and approved by the COUNTY in accordance with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR
24.101, shall be subject to the provisions of CDBG including, but not limited to, the
provisions on use and disposition of property. Any real property within the
SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG
funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505.
littii:Hw�vw fliwa. dot _E,,ov /t-ealestate /ua, index.litm
littL)://wwvri*.Ia«T.Corllell.edu /cfr /text/49/24.101
lhttp- / /cfr vlea cam /vid /570 -505- use- real- propetiv- 19928754
4.35 As provided in § 287.133, Florida Statutes by entering into this Agreement or performing
any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates,
suppliers, subcontractors and consultants who will perform hereunder, have not been
placed on the convicted vendor list maintained by the State of Florida Department of
Management Services within the 36 months immediately preceding the date hereof. This
notice is required by § 287.133 (3) (a), Florida Statutes,
httV:// wNNt w. l 287 -133
4.36 No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency. a Member of Congress; all 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 an), Federal contract, grant, loan, or cooperative agreement.
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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.
4.37 Travel reimbursement will be based on the U.S. General Services Administration (GSA)
per diem rates in effect at the time of travel.
438 Any rule or regulation determined to be applicable by HUD.
4.39 Florida Statutes 713.20, Part 1, Construction Liens
http• / /www ler7 state fl us /Statutes /index cftii ?AV12 mode = Display Statute&I.JRL =0700-
0799/0713/0713.1itilil
4.40 Florida Statutes 119.021 Records Retention
littp• / / "TNN,x,\? IaN�,server comr'laNa,/ state /Ilorida /statutes /florida statutes 119-.0.21
4.41 Florida Statutes, 119.071, Contracts and Public Records
litti): / / «'ww le,T state fl us /'Statutes /index cfni?App mode =Displav Statute &URI:. 0100-
0199 /0119 /Sections /O l l 9.07.html
Signature Page to Follow
Remainder of Page Intentionally Left Blank
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IN WITNESS WHEREOF, the SUBRECIPIENT and the County, have each,
respectively, by an authorized person or agent, hereunder set their hands and seals on the date
first written above.
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
Dated:
(SEAL)
Z4Z�7't7--Z5�
L, 4 sff /y A641 L (00'4 6r-0
Name and Title
Willi s
Na►I W � dd Title
Approved as to form and legality:
J AA'a..
J vfer A. Belp ►o
Assistant County Attorney
Grace Place for Children and Families, Inc.
CDBG CD14 -08
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BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
TOM HENNING, CHAIRMAN
GRACE PLACE FOR CHILDREN AND
FAMILIES, INC.
By: � �....
STE ANTE MUNZ CAMPBELL,
EXECUTIVE DIRECTOR
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PART V
EXHIBITS
EXHIBIT "A"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran
Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of
Insurance evidencing insurance coverage that meets the requirements as outlined below:
Workers' Compensation as required by Chapter 440, Florida ,%ft des.
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.
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 S,rAG (IF APPLCABLE)
In addition to the insurance required in I — 3 above, a Certificate of Insurance must be
provided as follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the
licensed design professional employed by the SUBRECIPIENT in an amount not
less than $1,000,000 per occurrence /$1,000,000 aggregate providing for all sums
which the SUBRECIPIENT and /or the design professional shall become legally
obligated to pay as damages for claims arising out of the services performed by
the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this contract. This insurance shall be maintained for a period of
two (2) years after the certificate of Occupancy is issued. Collier County shall be
named as an additional insured.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or
cause its Subcontractors to provide original certificates indicating the following types of
insurance coverage prior to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount
not less than one hundred (100 %) percent of the insurable value of the building(s)
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or structure(s). The policy shall be in the name of Collier County and the
SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973
(42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in
an area identified by the Federal Emergency Management Agency (FEMA) as
having special flood hazards, flood insurance under the National Flood Insurance
Program is obtained and maintained as a condition of financial assistance for
acquisition or construction purposes (including rehabilitation).
OPERATION /MANAGEMENT PHASE (IP APPL,ICABLE)
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.
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EXHIBIT "B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Sub recipient Name: Grace Place for Children and Families. Inc
Sub recipient Address: 4300 21" Avenue. SW Naples. Florida. 34116
Project Name: Grace Place Renovation and Campus Expansion
Project No: CD J 4 -08 Payment Request #
Total Payment minus Retainage:
Period of Availability: 10/01/14-09/30/15
Period for which Agency has incurred indebtedness: through
SECTION 11: 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 (include Retainage)
5. Amount of Today's Request
6. 10% Retainage Amount Withheld
7. Current Grant Balance (Initial Grant Amount
Awarded Less Sum of all requests)
$
I certify that this request for payment has been made in accordance with the terms and conditions of
the Agreement between the COUNTY and us as the SUBRECLPIENT. To the best of my knowledge
and belief, all grant requirements have been followed.
Signature
Title
Authorizing Grant Coordinator
Supervisor
(approval required $15,000 and above)
Grace Place for Children and families, Inc,
CDBG ('1314 -08
Campus Expansion and Renovation Project
Date
Authorizing Grant Accountant
Department Director
(approval required $15,000 and above)
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EXHIBIT "C"
REPORTING SCHEDULE
The SUB.RECIPIENT shall submit quarterly reports to Grantee based on the following schedule.
Reports shall be submitted according to this schedule as long as this Agreement is in force:
Activity Reporting Period
Report Due Date
October I' — December 31$'
January 10"
January 31$' — March 3 I''
April I0"
Aril I" — June 30"
.IuI 10"
Jul I51— September 30"
October 10"
SUBRECIPIENT AGREEMENT
GRACE PLACE RENOVATION AND CAMPUS EXPANSION
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?
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3. Obstacles — describe any potential obstacles, challenges, or issues that may cause delay.
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.
HOUSEHOLD INFORMATION
Complete these tables for those households assisted during 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% AM])
No. Female Head of Households
TOTAL
RACE AND ETHNICITY BENEFICIARIES
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/Afi•ican American
Other Multi- Racial
TOTAL
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EXHIBIT "D"
QUARTERLY PERFORMANCE REPORT DATA
GENERAL
9/23/2014 16.D.1.
Grantee is required to submit to HUD, through the Integrated Disbursement and Information
System ( "IDIS ") Performance Reports. The County reports information on a quarterly basis. To
facilitate in the preparation of such reports, Subrecipient shall submit the information contained
herein within ten (10) days of the end of each calendar quarter.
QUARTERLY PROGRESS REPORT
Sub - recipients: Please fill in the following shaded areas of the report
Agency Name:
Project Title:
Program Contact:
Telephone Number'�ssi
*REPORT FOR QUARTER ENDING: (check one that applies to the
corresponding grant period):
Date:
Alternate
Contact:
3
Q 12/31/14 "° 3/31/15 ��06130/15 ,
❑ _p9130115
Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date.
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Yes
If no, ex
e
Since October 1, 2014, of the persons assisted, how, man :..
a. ...now have new access (continuing) to this service or benefit?
b. ...now has improved access to this service or benefit?
C. —now receive a service or benefit that is no longer substandard? .
TOTAL: 0
4.
Section 108 Loan Guarantee
Other Consolidated Plan Funds
Other Federal Funds
State / Local Funds
Total Other Funds
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HOPWA
CDBG
ESG
HOME
Total
Entitlement $
Funds
s. C' s4 .iss'tise�taintttrsbe�otf.)lsif
a. Total No. of adult females served:
b. Total No. of adult males served:
TOTAL:
C. Total No. of families served: _
• s. Wttatis #he%taiiriumUgi ofl1ND
a. Total number of adult females served
b. Total number of adult males served:
TOTAL.,
C. Total No. offamilies served:
9/23/2014 16.D.1.
Total No. offemales served under 18:
Total No. of males served under 18:
0 TOTAL:
O
f
x O�i�r�, Total No. of female head of household:
" +Abused Children
I71�L1 ikTECtctiQriteserved since October .f # apptteable7`
Total number of females served under 18:
IF_ W
mow`;
In.,
, Total number of males served under 18:
:
0 TOTAL:
O
r ss
-Total No. female head of household:
Persons wl HIV /AIDS
�, of
Complete EITHER question #7 OR #8. Complete question #7 if your program only serves clients in one or more of the listed HUD Presumed
Benefit categories. Complete question 0 if any client in your program does not fall into a Presumed Benefit category.
DO NOT COMPLETE BOTH QUESTION 7 AND 8.
7. PRF-SUMED BE1&FICIAR DAT3t ;, „e . C)THER bgNEpICIARY DATA 1NCO1VIE' FRANCvB
Indicate the total number of rrNDUP/ /GATED indicate the total number of LNDUPLLCA= persons
persons served since October 1 who fall into served since October 1 who fall into each income
each presumed benefit category (the total category (the total should equal the total in question #6):
should equal the total in question #6),
Report as:
" +Abused Children
(Homeless Person
:Battered Spouses
Persons wl HIV /AIDS
Elderly Persons
Veterans
Chronically/ Mentally ill
` Physically Disabled Adults
�Other-Youth
TOTAL: 0
Report as:
FloExtremely low Income (0 -30 %)
Low Income (31 -50 %)
Moderate Income (51 -80 %)
Above nAotlerate income ( >80 %)
TOTAL: 0
9. Rectal "$ Ethriic l0ata
Please indicate how many UNDUPLICATED clients served since October fall into each race category . In addition
to each race category, please indicate how many persons in each race category consider themselves Hispanic
(Total Race column should equal the total cell).
RACE ETHNICITY
Black/African American
Asian
American Indian /Alaska Native
Native Hawaiian /Other Pacific Islander
American Indian/Alaskan Native & White
Black/African American & White
Am. Indian /Alaska Native & Black/African Am.
Other Multi- racial
Other t o ,.
TOTAL: O
Name:
Title:
of whom, how many are Hispanic?
ofwhom, how many are Hispanic?
of whom, how many are Hispanic?
of whom, how many are Hispanic?
of whom, how many are Hispanic7
of whom, how many are Hispanic?
of whom, how many are Hispanic?
t'
of whom, how many are Hispanic?
"i- of whom, how many are Hispanic?
of whom, how many are Hispanic?
0 TOTAL HISPANIC
Grace Place for Children and Families, Inc.
CDBG CD14 -4t8
Campus Expansion and Renovation Project Page 38 of 42
Signature:
Your typed name here represen s your electronic
signature
Packet Page - 2145 - "` J
EXHIBIT "E"
INCOME CERTIFICATION
INSTRUCTIONS
9/23/2014 16.D.1.
Submit completed form, including appropriate supporting documentation, to Grantee to obtain
approval prior to direct assistance 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 13(a)
Total Income from Assets 13(b)
If line 13(a) is greater than $5,000, multiply that amount by the rate specified
by HUD (applicable rate 2.0 %) and enter results in 13(c), otherwise leave
blank. 13(c)
Grace Place for Children and Families, Inc.
CDSG CD14 -08
Campus Expansion and Renovation Project Page 39 of 42
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J
9/23/2014 16.D.1.
C. Anticipated Annual Income: Includes Unearned Income and Support Paid on
Behalf of Minors
Member
Wages /
Benefits /
Public
Other
Salaries
Pensions
Assistance
Income
(include tips,
Asset
commissions,
income
bonuses, and
overtime
(Enter the
I
greater of
2
box B(b) or
3
box B(c),
4
above, in
5
box C(e)
6
below)
7
8
(a)
(b)
(c)
(d)
(e)
Totals
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. 1 /we have provided, for each person set forth in Item A, acceptable
verification of current and anticipated annual income. I /we 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
Grace Place for Children and Families, Inc.
CDBG CD14 -08
Campus Expansion and Renovation Project Page 40 of 42
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9/23/2014 16.D.1.
E. CDRG 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 CDBG Program. The family or individual(s) constitute(s) a:
Very -Low Income (VLI) 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 $ ).
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 $ ).
Moderate - Income (MOD) Household means and individual or family whose
annual income does not exceed 80 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 CDBG Administrator or His/Her Designated Representative:
Signature Date
Printed Name Title
F_ Nnncehn1d Data
Number of Persons
By Race / Ethnicit y
B Age
Native
American
Hawaiian or
0— 26—
41 —
Asian
Black
white
Other
b2+
Indian
Other Pac.
25 40
61
Islander
Hispanic
Non -
Hispanic
NOTE: h formation concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No benefnciaq 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 to the CDBG program.
Grace Place for Children and Families, Inc.
CDBG CD14 -08
Campus Expansion and Renovation Project Page 41 of 42
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9/23/2014 16.D.1.
EXHIBIT "F"
ANNUAL AUDIT MONITORING REPORT
most recentl corn feted Fiscal Year
Total Federal Finand al Assistance Expended during most $
recent) comp leted Fiscal Year
Check Appropriate Boxes
We have exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending
❑ as indicated above and have completed our Circular A -133 audit. A copy of the audit report
and management letter is attached.
We exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending as
E indicated above and expect to complete our Circular A -133 audit by Within
30 days of completion of the A -133 audit, we will provide a copy of the audit report and
manaaement'letter.
❑ 1 We are not subject to the requirements of OMB Circular A -133 because we:
❑ Did not exceed the $500,000 federal /state expenditure threshold for the fiscal year
indicated above
❑ Are exempt for other reasons- explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
/IF r: A: n.,4n.l nlnnen nnrinca a r-nnv nt the rPSnonses and corrective action Dlan.i
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
I Print Name and Title
This form may be used to monitor Florida single Auctlr AU (Mature LiJ.`l i) requirements.
Grace Place for Children and Families, Inc.
CDBC CD14 -08
Campus Expansion and Renovation Project Page 42 of 42
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9/23/2014 16.D.1.
Grant # B- 14 -UC -12 -0016
CFDA/CSFA# 14.218
Subrecipient — Habitat for Humanity of
Collier County, Inc.
DUNS # - 080676690
Agreement # CD14 -03
FEID # - 59- 1834379
IDIS# - 482
Fiscal Year End: 6/30
Monitor End: 9/30/2023
AGREEMENT BETWEEN COLLIER COUNTY
AND
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project
THIS AGREEMENT is made and entered into this day of , 2014, 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
"Habitat for Humanity of Collier County, Inc. "( "Habitat for Humanity" or
"SUBRECIPIENT"), having its principal office at 11145 Tamiami Trail E, Naples, FL 34113.
WHEREAS, the County has entered into an agreement with the United States
Department of Housing and Urban Development (HUD) for a grant for the execution and
implementation of a Community Development Block Grant Program in certain areas of Collier
County, pursuant to Title I of the Housing and Community Development Act of 1974 (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 2013 -2014 for
the CDBG Program with Resolution 2014 -129 on June 24,2014 — Agenda Item 16D8; and
WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier
County CDBG program; and
WHEREAS, the County and Subrecipient wish to set forth the responsibilities and
obligations of each in undertaking the CDBG Legacy Lakes Access Roadway (Woodcrest
Drive) Infrastructure Project; and
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is
agreed by the Parties as follows:
Habitat for Humanity of Collier County, Inc.
2014 -2015 CDBG (CDBG 14-03)
Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project
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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 CDBG assistance, as determined by Collier
County Housing, Human and Veteran Services (HHVS), to perform the tasks necessary to
conduct the program as follows:
HHVS, as an administrator of the CDBG program, will make available CDBG funds up
to the gross amount of $500,000 to Habitat for Humanity of Collier County, Inc. to fund
construction and project delivery of an access road (Woodcrest Drive) to Legacy Lakes
development in order to construct units of new affordable housing in the subdivision.
1.1 SPECIAL GRANT CONDITIONS
A. Within thirty (30) calendar days of the execution of this agreement, the
SUBRECIPIENT must deliver to HHVS 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. Affinnative Action/ Equal Opportunity Policy
3. Fraud Policy
4. Conflict of Interest Policy
5. Equal Opportunity Policy
6. Procurement Policy
7. Residential Anti- displacement and Relocation Policy
8. Sexual Harassment Policy
9. 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)
10. Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
1.2 PROJECT DETAILS
A. Project Description /Budget
Habitat for Humanity of Collier County, Inc.
2014 -2015 CDBG (CDBG14 -03)
Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 2 of 41
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9/23/2014 16.D.1.
Improvements
Federal Funds
Project Component 1:- Construction of an entry road to Legacy Lakes
$439,782
development in order to construct new affordable housing in the
subdivision.
Project Component 2: Project Delivery — CDBG eligible project
$ 60,218
delivery tasks necessary for completion of the project.
Total:
$500,000
The SUBRECIPIENT will accomplish the following project tasks:
Project Tasks
I. Complete an Environmental Review for the entire project and provide the
County an Environmental Clearance prior to the obligation of any funds.
2. SUBRECIPIENT will pay all closing costs related to the conveyance of the
properties.
3. Maintain and provide to the County resident income certification
documentation that 51 % of all housing units constructed in the development
shall be low to moderate income households.
4. Provide quarterly reports on progress and progress toward achievement of
national objective
5. Provide monthly construction progress reports until completion of
construction.
6. Identify Lead Project Manager
7. Provide Site Design and Specifications
8. Comply with Davis Bacon Labor Standards
9. Provide Certified Payroll weekly throughout construction
10. Comply with Uniform Relocation Act (URA) if necessary
11. Required attendance by a representative from Executive Management at
quarterly partnership meetings, as requested.
B. National Objective
The CDBG program funds awarded to Collier County must benefit low- moderate
income persons (LMI). As such the SUBRECIPIENT shall be responsible for
ensuring that all activities and beneficiaries meet the definition of Area Benefit
Activities (LMA).
C. Project Outcome
Habitat for Humanity of Collier County, Inc.
2014 -2015 CDBG (CDBG 14-03)
Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 3 of 41
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The SUBRECIPIENT will engage in performing the construction and project delivery of
an entry road (Woodcrest Drive) to Legacy Lakes development in order to construct new
affordable housing.
D. Performance Deliverables
The Following Table Details the Project Deliverables
Program Deliverable
Deliverable Supporting
Submission Schedule
Project Component One:
Documentation
Submission of monthly
invoices
Special Grant Condition Policies
Policies as stated in this
Within thirty (30) days of
(Section 1. 1)
aRTeement
A reement Execution
Insurance
Insurance Certificate - Exhibit A
Annually within thirty (30) days
Legacy Lakes development.
of renewal
Detailed Project Schedule
Project Schedule
Within thirty (30) days of
A.Rreement Execution
Project Plans And Specifications
Site Plans and Rehabilitation
Prior to Construction Start
Specifications
documentation of ft►lly permitted
Environmental Review
Environmental Review Record
Prior to obligation of any CDBG
funds for construction.
Submission of Progress Report
Exhibit C & D
Quarterly Reports until full
occupancy. Annually thereafter
until 2023
Financial and Compliance Audit
Exhibit F
Annually one hundred eighty
180) days after FY end
Eligible households(5 l% LMI
Income Eligibility (Exhibit E)
Maintain in client files
Continued Use Certification
I Continued Use Affidavit
Annually until 2023
E. Payment Deliverables
The Following Table Details the Payment Deliverables
Payment Deliverable
Payment Supporting
Documentation
Submission Schedule
Project Component One:
Submission of supporting documents
must be provided as backup as
Submission of monthly
invoices
Funding costs will include but
not limited to the following
evidenced by completed AIA G702-
expenses: The Construction of an
1992 form or equivalent document
access road (Woodcrest Drive) to
per contractor's Schedule of Values,
Legacy Lakes development.
check stubs, bank statements and
any other additional documentation
as requested.
Final 10% (43,978.20) released upon
documentation of ft►lly permitted
and installed entry road to Legacy
Lakes development and final
beneficiary information and
Habitat for Humanity of Collier County, Inc.
2014 -2015 CDBG (CDBG 14-03)
Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 4 of 41
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1.3 TIME OF PERFORMANCE
Services of the SUBRECIPIENT shall start effective the date of the execution of this
agreement and shall end on September 30, 2018.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available $500,000 for the use by the SUBRECIPIENT
during the Term of the Agreement (hereinafter, the aforestated amount including, without
limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to
the Agreement, shall be referred to as the "Funds ").
Budgeted fund shifts between line items and project components shall not be more than
10% and does not signify a change in scope. Fund shifts that exceed 10% of a line item and a
project component shall only be made with board approval.
All improvements specified in Section I. Scope of Work shall be performed by
SUBRECIPIENT employees, or shall be put out to competitive bidding tinder a procedure
acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into
contract for improvements with the lowest, responsive and qualified bidder. Contract
administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall
have access to all records and documents related to the project.
The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by HHVS.
SUBRECIPIENT may not request disbursement of CDBG funds until finds are needed for
eligible costs, and all disbursements requests must be limited to the amount needed at the time of
the request. Invoices for work performed are required every month. SUBRECIPIENT may
expend funds only for allowable costs resulting from obligations incurred during the term of this
Habitat for Humanity of Collier County, Inc.
2014 -2015 CDBG (CDBG14 -03)
Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 5 of 41
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including Certificate of Occupancy
of the 51% of the new housing units
constructed in the development.
Proiect Component Two:
Submission of supporting documents
must be provided as backup as
Submission of monthly
invoices
Funding costs will include but
not limited to the following
evidenced by timesheets, payroll
expenses: Project Delivery.
registers, banking documents,
vehicle logs, and any additional
documents as needed.
Final 10% (6,021.80) released upon
documentation of a fully installed
and permitted access road
(Woodcrest Drive) to the Legacy
Lakes development.
1.3 TIME OF PERFORMANCE
Services of the SUBRECIPIENT shall start effective the date of the execution of this
agreement and shall end on September 30, 2018.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available $500,000 for the use by the SUBRECIPIENT
during the Term of the Agreement (hereinafter, the aforestated amount including, without
limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to
the Agreement, shall be referred to as the "Funds ").
Budgeted fund shifts between line items and project components shall not be more than
10% and does not signify a change in scope. Fund shifts that exceed 10% of a line item and a
project component shall only be made with board approval.
All improvements specified in Section I. Scope of Work shall be performed by
SUBRECIPIENT employees, or shall be put out to competitive bidding tinder a procedure
acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into
contract for improvements with the lowest, responsive and qualified bidder. Contract
administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall
have access to all records and documents related to the project.
The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by HHVS.
SUBRECIPIENT may not request disbursement of CDBG funds until finds are needed for
eligible costs, and all disbursements requests must be limited to the amount needed at the time of
the request. Invoices for work performed are required every month. SUBRECIPIENT may
expend funds only for allowable costs resulting from obligations incurred during the term of this
Habitat for Humanity of Collier County, Inc.
2014 -2015 CDBG (CDBG14 -03)
Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 5 of 41
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9/23/2014 16.D.1.
agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not
yet prepared to send the required backup, a $0 invoice will be required. Explanations will be
required if two consecutive months of $0 invoices are submitted. Payments shall be made to the
SUBRECIPIENT when requested as work. progresses but, not more frequently than once per
month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of
service required by this agreement. Final invoices are due no later than 90 days after the end of
the agreement. Work performed during the term of the program but not invoiced within 90 days
without written authorization from the Grant Coordinator will not be reimbursed.
The County Manager or designee may extend the term of this Agreement for a period of up to
180 days. The extension must be authorized prior to the expiration of the agreement. The
extension must be authorized in writing by formal letter to the Subrecipient.
No payment will be made until approved by HHVS for grant compliance and adherence to any
and all applicable local, state or Federal requirements. Payment will be made upon receipt of a
properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known
as the "Local Government Prompt Payment Act."
1.5 COST PRINCIPLES
Payments to the Grantee are governed by the Federal grants management rule for cost
allowability found at 24 CFR 85.22 (24 CFR 84.27 for nonprofit recipients). 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
Grantee can only incur direct costs that may be attributed specifically to the projects referenced
above. The Grantee must provide adequate documentation for validating costs incurred.
Payments to Grantee's contractors and vendors are conditioned upon compliance with the
procurement requirements provided for in 24 CFR 85.36 or 84.40 -48, as applicable. Allowable
costs incurred by the Grantee shall be in compliance with OMB Circular A -87 Cost Principles
for State, Local, and Indian Tribal Governments. Allowable costs incurred by nonprofit
recipients shall be in compliance with OMB Circular A -122 Cost Principles for Non - Profit
Organizations. Allowable costs incurred by procured private contractors shall be in
compliance with 48 CFR Part 31 Contract Cost Principles and Procedures. A Developer is
not subject to 24 CFR Part 84 and 24 CFR Part 85, however the County is Subject to 24 CFR
Part 85 and may impose requirements upon the Developer in order for the County to remain
compliant with its obligation to follow 24 CFR Part 85. 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 or the Admin Plan.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, 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.
Habitat for Humanity of Collier County, Inc.
2014 -2015 CDBG (CDBG14 -03)
Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 6 of 41
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9/23/2014 16.D.1.
COLLIER COUNTY ATTENTION: Gino Santabarbara, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
239 - 252 -2399
GinoSantabarbara @colliergov .net
SUBRECIPIENT ATTENTION: Nick Kouloheras
Executive V.P. of Land Development
Habitat for Humanity of Collier County, Inc.
11145 Tamiami Trail E.
Naples, FL 34113
239 - 775 -0036
nkotiloheras@hfbcollier.com
Habitat for Humanity of Collier County, Inc.
2014 -2015 CDBG (CDBG14 -03)
Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructurc Project Page 7 of 41
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PART II
GRANT CONTROL REQUIREMENTS
2.1 AUDITS
9/23/2014 16.D.1.
At any time during normal business hours and as often as the COUNTY (and /or its
representatives) may deem necessary, the SUBRECIPIENT shall make available all records,
documentation and any other data relating to all matters covered by the Agreement for review,
inspection or audit.
Any deficiencies noted in audit reports must be fully cleared by the 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 OMB Circular A -133.
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR
570.502 and 570.506 to determine compliance with the requirements of this Agreement, the
CDBG Program and all other applicable laws and regulations. This documentation shall include,
but not be limited to, the following:
A. All records required by CDBG 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
HHVS. 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 HHVS
if requested. In any event the SUBRECIPIENT shall keep all documents and
Habitat Far Humanity of Collier County, Inc.
2014 -2015 CDBG (CDBG14 -03)
Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 8 of 41
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records in an orderly fashion in a readily accessible, permanent and secured
location for three (3) years after the date of submission of the annual performance
and evaluation report, as prescribed in 24 CFR 91.520 with the following
exception: if any litigation, claim or audit is started before the expiration date of
the three (3) year period, the records will be maintained until all litigation, claim
or audit findings involving these records are resolved. The COUNTY shall be
informed in writing if an agency ceases to exist after closeout of this Agreement
of the address where the records are to be kept as outlined in 24 CFR 85.42. Meet
all requirements for retaining public records and transfer, at no cost, to COUNTY
all public records in possession of the SUBRECIPIENT upon tennination 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 HHVS
shall be the final arbiter on the SUBRECIPIENT's compliance.
G. The SUBRECIPIENT shall document how the National Objective(s) as defined in
24CFR 570.208 and the eligibility requirement(s) under which funding has been
received, have been met. These also include special requirements such as
necessary and appropriate determinations as defined in 24 CFR 570.208, income
certification, and written Agreements with beneficiaries, where applicable.
H. SUBRECIPIENT shall provide the public with access to public records on the
same teens 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 F) to the COUNTY no later than one hundred eighty (180) days after the
SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and
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programmatic review.
The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on -site
monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion,
a desk top review of the activities may be conducted in lieu of an on -site visit. The continuation
of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon
the request of HHVS, submit information and status reports required by HHVS or HUD to
enable HHVS to evaluate said progress and to allow for completion of reports required. The
SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site
visits may be scheduled or unscheduled as determined by HHVS or HUD.
The COUNTY will monitor the performance of the SUBRECIPIENT based on goals and
performance standards as stated with all other applicable federal, state and local laws,
regulations, and policies governing the funds provided under this contract. Substandard
performance as determined by the COUNTY will constitute noncompliance with this Agreement.
If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after
being notified by the COUNTY, contract suspension or termination procedures will be initiated.
SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General
Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records
related to performance of activities in this agreement.
2.4 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, Housing Human and Veteran
Services (HHVS) has adopted an escalation policy to ensure continued compliance by
Subrecipients, Developers, or any entity receiving grant funds from HHVS. HHVS's policy for
escalation for non- compliance is as follows:
1. Initial non - compliance may result in Findings or Concerns being issued to the entity
and will require a corrective action plan be submitted to the Department within 15
days following the monitoring visit.
o Any pay requests that have been submitted to the Department for payment will be
held until the corrective action plan has been submitted.
o HHVS will be available to provide Technical Assistance (TA) to the entity as
needed in order to correct the non - compliance issue.
2. If in the case an Entity fails to submit the corrective action plan in a timely manner to
the Department, the Department may require a portion of the awarded grant amount
be returned to the Department.
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o The County may require upwards of five percent (5 %) of the acquisition amount
be returned to the Department, at the discretion of the Board of County
Commissioners.
o The entity may be considered in violation of Resolution No. 2013 -228
3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an
issue that was previously corrected, and has been informed by the Department of their
substantial non - compliance by certified mail; the Department may require a portion
of the awarded grant amount or the amount of the CDBG investment for acquisition
of the properties conveyed, be returned to the Department.
o The Department may require upwards of ten percent (10 %) of the acquisition
amount be returned to the Department, at the discretion of the Board of County
Commissioners.
o The entity will be considered in violation of Resolution No. 2013 -228
4. If in the case after repeated notification the Entity continues to be substantially non-
compliant, the Department may recommend the contract or award be terminated.
o The Department will make a recommendation to the Board of County
Commissioners to immediately terminate the agreement or contract. The Entity
will be required to repay all fields disbursed by the County for project that was
terminated. This includes the amount invested by the County for the initial
acquisition of the properties.
o The entity will be considered in violation of Resolution No. 2013 -228
If in the case the Entity has multiple agreements ivith the Department and is found to be non-
compliant, the above sanctions may be imposed across all awards at the discretion of the Board
of County Commissioners.
2.5 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 10"' 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" & "D ". Exhibit "C" & "D" contains
an example reporting form to be used in fulfillment of this requirement. Other reporting
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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.
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
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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 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG)) including subpart K of these regulations,
except that (l) the SUBRECIPIENT does not assume the recipient's environmental
responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the
recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52
and (3) SUBRECIPIENT is not required to follow federal procurement and (4) for
SUBRECIPiENTS revenue generated is not considered program income. The CDBG program
was funded through the Housing and Community Development Act of 1974. 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.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner,
as creating or establishing the relationship of employer /employee between the parties. The
SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the
services to be performed under this Agreement. The Grantee shall be exempt from payment of all
Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers'
Compensation Insurance, as the SUBRECIPIENT is an independent contractor.
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
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reasons. If such amendments result in a change in the funding, the scope of services, or schedule
of the activities to be undertaken as part of this Agreement, such modifications will be
incorporated only by written amendment signed by both Grantee and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from CDBG 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 CDBG funds pertaining to this Agreement.
In the event of curtailment or non - production of said federal funds, the financial sources
necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be
available. In that event, the COUNTY may terminate this Agreement, which tenmination 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. There are no funds being
granted in association with 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 -n. 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
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public notices prepared and released by the SUBRECIPIENT for, on behalf of, and /or about the
Program shall include the statement:
"FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
DEPARTMENT"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate Ivey information regarding the development team as well as
Equal Mousing Opportunity to the general public. Construction signs shall comply with
applicable COUNTY codes.
3.8 DEFAULTS, REMEDIES AND TERMINATION
In accordance with 24 CFR 85.43, this Agreement may also be terminated for
convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth
the reasons for such termination, the effective date, and, in the case of partial tenninations, 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; or
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:
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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 CDBG
finds 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;
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 and in addition to any and all other
remedies available to the COUNTY (whether under this Agreement or at law or in equity) the
SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of
termination (or expiration) and any accounts receivable attributable to the use of CDBG funds
per 24 CFR 570.503(b)(7).
The COUNTY'S receipt of any funds on hand at the time of termination shall not waive
the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of
the funds or property, as the COUNTY may deem necessary.
3.10 INSURANCE
SUBRECIPIENT shall not commence any work and /or services pursuant to this
Agreement until all insurance required as outlined in Exhibit "A" has been obtained, and
carried, at all times during its perfonmance.
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 1), the Uniform Administrative Requirements for Grants and
Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments
(24 CFR Part 85), and the federal regulations for the Community Development Block Grants (24
CFR 570 et seq.).
3.12 PURCHASING
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SUBRECIPIENT are required to follow Federal Procurement regulations and Collier
County's purchasing thresholds.
3.13 PROGRAM - GENERATED INCOME
Any "Program Income" (as such term is defined under applicable Federal regulations)
gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the
COUNTY through an annual program income re -use plan, utilized by the SUBRECIPIENT and
shall be in compliance with 24 CFR 570.503(c) in the operation of the Program.
3.14 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout
requirements are completed. The COUNTY may close out the project with the SUBRECIPIENT
after the five (5) year 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 IX.B.4, the SUBRECIPIENT shall comply with Section 119.021 Florida
Statutes regarding records maintenance, preservation and retention. A conflict between state and
federal law records retention requirements will result in the more stringent law being applied
such that the record must be held for the longer duration. Any balance of unobligated funds
which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess
of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this
Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and
information that complies with Section 215.97, Florida Single Audit Act.
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 MINORITYIWOMEN -OWNED
BUSINESS ENTERPRISES
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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 (5 1) 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
At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement
must be low- and moderate- income persons. If the project is located in an entitlement city, as
defined by HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the
beneficiaries directly assisted under this Agreement must reside in unincorporated Collier
County or in municipalities participating in the County's Urban County Qualification Program.
The project shall assist beneficiaries as defined above for the time period designated in Exhibit
"C" & "D" of this Agreement.
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 five year 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 570.611 "Conflict
of Interest ", and the State and County statutes, regulations, ordinance or resolutions governing
conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its
employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
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maximum opportunity be provided for employment of and participation of low and moderate -
income residents of the project target area.
The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval
prior to entering into any contract with an entity owned in whole or in part by a covered person
or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY
may review the proposed contract to ensure that the contractor is qualified and that the costs are
reasonable. Approval of an identity of interest contract will be in the COUNTY's sole
discretion. This provision is not intended to limit SUBRECIPIENT's ability to self - manage the
projects using its own employees. Any possible conflict of interest on the part of the
SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however,
that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the
statutory requirement that maximum opportunity be provided for employment of and
participation of low and moderate income residents of the project target area.
3.20 RELIGIOUS ORGANIZATIONS
CDBG funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 570.2000). 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 CDBG funds to support any
inherently religious activities, such as worship, religious instruction or proselytizing.
d. The funds shall not be used for the acquisition, construction or rehabilitation of
structures to the extent that those structures are used for inherently religious activities.
Where a structure is used for both eligible and inherently religious activities, CDBG
funds may not exceed the cost of those portions of the acquisition, construction or
rehabilitation that are attributable to eligible activities in accordance with the cost
accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels,
or other rooms that a CDBG funded religious congregation uses as its principal place
of worship, however, are ineligible for CDBG funded improvements.
3.21 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.
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- Ali the regulations regarding the CDBG program
http://www.law-comell.edu/cfr/text/24/part-570
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link:
littp: / /wxN ,\,,?.ecfr. _ov /c LTi -bin /text-
idx? c= ecl' r& tpl= /eefrbrowse /Title24 /24cfr58 main 02.tp1
4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development
Act of 1 974 as amended
http:/ /portal hud gov/hLidportal/HUD ?src= /program offices /fair housing equal opp/FH
Laws /109
4.4 The Fair Housing Act (42 U.S.C. 3601 -20) Reasonable Accommodations Under the Fair
Housing Act. http• / /www.hud.aov/ offices/ fheo /library /huddoistatemeiit.pdf
E.O. 11063 — Equal Opportunity in Housing
http: / /201-tai hud Cfov /hud_portaJ /H1JD ?src = /protLram offices /fair housing equal opp,/FH
Laws /Ek011063
E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs
http• / /�vv'w archives <,ov/ federal- re aister /codificationlexecutive- order /l2259.html
24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.O.
http: / /www.law.comell.edu /cfr /text /24 /part -107
4.5 Title VI of the Civil Rights Act of 1964 as amended., Title Vlll of the Civil Rights Act of
1968 as amended
http://poi-tal hud Rov /hudportal /HUD ?src = /program offiices /fair housing equal opp /grog
desc /title8
4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063
which prohibits discrimination and promotes equal opportunity in housing.
http• / /www 2pa ,ov /fdsys/pki= /CFR - 2007 - title24- vo13 /pdf /CFR- 2007 - title24 -vol3-
sec570- 602.pdf
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• / /wNN,w.eeoc. Lovfeeocl history /35tli /thelaw /eo- 11246.htmI
EO 1 1375 and 12086: see item #8 below
4.8 Title VI1 of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity
Act of 1972,42 USG § 2000e, et. sect The SUBRECIPIENT will, in all solicitations or
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advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it
is an Equal Opportunity or Affirmative Action employer.
http• / /wvvw eeoc Lov /laws /statutes /titievii -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 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 CDBG- funded project is located; where feasible, priority
should be given to low- and very low- income persons within the service area of the
project or the neighborhood in which the project is located, and to low- and very low -
income participants in other HUD programs; and award contracts for work undertaken in
connection with a housing rehabilitation (including reduction and abatement of lead -
based paint hazards), housing construction, or other public construction project to
business concerns that provide economic opportunities for low- and very low- income
persons residing within the metropolitan area in which the CDBG - funded project is
located; where feasible, priority should be given to business concerns that provide
economic opportunities to low - and very low - income residents within the service area or
the neighborhood in which the project is located, and to low- and eery low- income
participants in other HUD programs.
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The SUBREC.IPIENT certifies and agrees that no contractual or other legal incapacity
exists that would prevent compliance with these requirements. http://4N,ww.ecfr.Lrov/c,i-
bin, text- idx? c= ecfr& tpl= /ecfrbrox ,,;se /Title2.4 /24cfr135 main 0.2.1pi
4.10 Age Discrimination Act of 1975, Executive Order l 1063, and Executive Order 11246 as
amended by Executive Orders 11375, 11478, 12107 and 12086.
Age Discrimination Act of 1975 - http•// www. dol .uov /oasam /reLs /statutes,'aLe act.htm
11063:littp•/ /portal hud « ov /11udporta1 /flUD ?src= /pi•oLt -am offices /fair hausinf7 equal o
pp /Fl-ILaws /EXOI 1063
11246: littp• / /w4t�? eeoc. aov /eeoc /liistory /35thltlielaw /eo -I 1246.11tm1
11375: Amended by EO 11478
11478: http• / /wx,�w archives Lov /fedei-al- register /codification! executive- order /I 1478.1itm.1
12107: http :HwUANr archives Lov /federal- reListet-/codification /executive- order /12107.litrnl
12086: littp• / /Nvww archives Lov /federal- rersister /codification /executive- order /12086.htm1
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327 -332.
http: f/ us aceenaineeringpaml2lets2 .tpLib.com /EP- 1180-1-]/EP-1 180-1-10012.hti-n
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5),24 CFR 570.614
Subpart K.
Section 504: http:// wNAw. epa .2ov /civilriEIits /sec5O4.litm
29 USC 776: litlp•/ /law onecle com /uscode /29 /776.litin1
24 CFR 570.614: littp://www.law.coniell,edLI/Cfr,/text/)4/570.614
4.13 The Americans with Disabilities Act of 1990
http• / /svww fiwa. dot .ciov /i-ealestate /ua /inclex.11tin
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended. littp: / /NN'wNy fliwa. dot .Lovtrealestate /Liafindex.litm
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 CDBG. (See 42 USC 276a and 24 CFR 135.11(c).
29 CFR Pant 3 - Contractors and Subcontractors on public building or Public Work
Financed in whole or in part by Loans or Grants from the United States -
littp• / /ww7v. law. corEiell.edu /cfr /tewtl291part -3
29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction (AIso Labor Standards Provision Applicable
...Subject to the Contract Work Hours and Safety Standards Act)
http: / /Ntiw-v,N, Iaw.eornell.edufcfi- /text /29.'part-5
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Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects. http://wwNA,..presidencN,.Licsb.edLi/ws/index.plip?r.)id=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.Q. 11625 Prescribing additional arrangements for developing and coordinating a
national program for minority business enterprise http / /Nvww.mbda.L)ov /nc5de /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
570.607, as revised by Executive Order 13279. The applicable non- discrimination
provisions in Section 109 of the HCDA are still applicable.
24 CFR 570.607: littp•//rv�w,vpo Liov /fdsys/,�k2 /CFR - 2010- title24- vol3Opdf /CFR -2010-
tit] e24- vol3- sec570- 608.pdf
E.O. 13279: http: // fed, ,ovcoiiti-a,cts.com /peO2- 192.litm
4.18 Public Law 100 -430 - the Fair Housing Amendments Act of 1988.
http:/i' www. nebi .nim.nih.2ov /pubnied> /I2289709
4.19 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Non - Profit Organizations and
specified by the following subsections: littp• / /www law comell.edLi/cfi• /text /24/part-84
Subpart A — General;
Subpart B — Pre -Award Requirements, except for 84.12, Forms for Applying for
Federal Assistance;
Subpart C — Post -Award Requirements, except for:
• Section 84.22, Payment Requirements- Grantees shall follow the standards of
85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs;
• Section 84.23, Cost Sharing and Matching;
• Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs
shall follow 570.504;
• Section 84.25, Revision of Budget and Program Plans;
• Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs
shall follow 570.505;
• Section 84.34(g), Equipment — In lieu of the disposition provisions of 84.34(8)
the following applies:
In all cases in which equipment is sold, the proceeds shall be program
income (pro -rated to reflect the extent to which CDBG funds were
used to acquire the equipment); and
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■ Equipment not needed by the SUBRECIPIENT for CDBG activities
shall be transferred to the recipient for the CDBG program or shall be
retained after compensating the recipient;
• Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program
Performance;
• Section 84.52, Financial Reporting;
• Section 84.53(b), Retention and Access Requirements for Records. Section
84.53(b) applies with the following exceptions:
• The retention period referenced in 84.53(b) pertaining to individual
CDBG activities shall be three years; and
• The retention period starts from the date of submission of the annual
performance and evaluation report, as prescribed in 24 CFR 91.520, in
which the specific activity is reported on for the final time rather than
from the date of submission of the final expenditure report for the
award;
o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG
SUBRECIPIENT's shall comply with 570.503(b)(7); and
Subpart D — After - the -Award Requirements —except for 84.7 1, Closeout Procedures
4.20 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local
Governments shall be followed for sub recipients that are governmental entities.
littp: / /NN,vvNv.ecfr.ii-ov /cei- bin /text-
idx? c= ecfr8_ tpI = /ecfi-bro ",se /Titic24124efr85 main 02.tp1
4.21 Immigration Reform and Control Act of 1986
littl2:Hwwvv eeoc.L,ov /eeoc/history /35th /thelaw /irea.httnl
4.22 Prohibition Of Gifts To County Employees - No organization. or individual shall offer or
give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier
County Ethics Ordinance No. 2004 -05, as amended, and County Administrative
Procedure 5311. Florida Statutes -
httn:Hwww.lawserver.com /laGt' %state_ /florida /statutes /florida statutes chapter 112 part iii
Collier County -
lhttn• / /bccspO l /fiiteDirectory /ASD /HR/ labor /CMAs"Shared°/o20Documents /CMA %20531
1.1 % 20Standards %20of'Yo2OConduct.pdf
4.23 Order of Precedence - In the event of any conflict between or among the terms of any of
the Contract Documents, the terms of the Agreement shalt 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.
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4.24 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).
4.25 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the patties, 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, Floe -idla
Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if
in state court and the US District Court, 201h 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.
littp://www.flscnate.(-,(-)v/LawslStatutes/2010/4`4.102
4.26 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. http• /hN� °w. law. cornell .edu /uscode /text/421'7401
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
http: / /www.iav ,,, comell edu /uscode /text /33 /chapter -26
4.27 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for
activities located in an area identified by FEMA as having special flood hazards, flood
insurance under the National Flood Insurance Program is obtained and maintained. If
appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which
would satisfy this requirement and /or reduce the cost of said flood insurance.
http• / /wn w.ecfr.,,ov/c•,zi- bin /teht-
idx ?c =eclr& SID= eba40bdb5282 2d8O827a4gbced5bOb56&i- L,n =di\ 8&viec�= text& - node =2
4 :3.1.1.3A4 11 1.68 idno =24
4.28 The SUBRECIPIENT agrees that any construction or rehabilitation of residential
structures with assistance provided under this contract shall be subject to HUD Lead -
Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K.
http: //xA,w�v.ecfi-,i- ov /c <_i- bin /text-
idx'?c =ecf- SID= eba40bdb52822d80827a48beed5bOb56 RrL,n= div8&view= text&llode =2
4:3.1.1.3.4.11.1.9&idno =24
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4.29 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set
forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and
the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation
Procedures for Protection of Historic Properties, insofar as they apply to the performance
of this agreement.
http:/ /"nv,�v nps 2ov /llistorvilocal- law /nhpa 1966.htm
h ttp:/hvWw.ecfr. uov /c ai -bin /text-
idx? c= ecfr&: tpl = /ecfrbrowrse /'fitle36 /36cfr80O main 02.tp1
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• / /w%vw.rnps.L,ov /iiistory /local- laNv /nlnpa 1966.htm
4.30 The SUBRECIPIENT must certify that it will provide drug -free workplaces in
accordance with the Drug -Free Workplace Act of 1988 (41 USC 701).
http• / /r.rs -code vlex coin/vid /druLy- free -worl< place- i•equit-emerrts- contractors- I9242870
4.31 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal Department or agency; and, that the
SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered
transaction, with a person who is similarly debarred or suspended from participating in
this covered transaction as outlined in 24 CFR 570.609, Subpart K.
http://wwNv.ecfr.uov/cai- bin /text-
idx ?c= ecfi• &SI D= eba40bdb 52822d8OS27a48beed5bOb56 &yi- Ln= divS&view= text& - node =2
4:3.1.1.3.4.1 1.1.108:idno =24
4.32 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is
applicable, and agrees to adhere to the accounting principles and procedures required
therein, utilize adequate internal controls, and maintain necessary source documentation
for all costs incurred.
States local governments and Indian Tribes follow:
• A -87 for Cost Principles
• A -102 for Administrative Requirements
Educational Institutio>•ns (even if part of a State or local government) follow:
• A -21 for Cost Principles
• A -110 for Administrative Requirements
Non - Profit OrgLanizations follow:
• A -122 for Cost Principles
• A -110 for Administrative Requirements
OMB Circular A87: inttp• / /v. ,\Aiy v.vliitethouse.Lov /omb! circulars x087 2004/
OMB Circular A102:littp:/ /wxvtiv.wliiteliouse.Lov /omb /cii-culars x102/
OMB Circular A21:http• //w° yw.\ hitchouse.aov /omb /circillars a021 2004/
OMB Circular Al al l0/
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OMB Circular A122: http: /lwwur. white llouse.aovlolnb /circttlars a122 20041
4.33 Audits shall be conducted annually and shall be submitted to the COUNTY one hundred
eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The
SUBRECIPIENT shall comply with the requirements and standards of OMB A -133,
Audits of States, Local Governments, and Non - Profit Organizations. If this Agreement is
closed out prior to the receipt of an audit report, the COUNTY reserves the right to
recover any disallowed costs identified in an audit after such closeout.
littp: / /yN,Wtw wliiteliouse.«ov /omb /circulate /a133 compliance supplement 2011
Clarification of Eligible Audit Costs
The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the
cost certification of costs performed by a certified public accountant. This has always
been an eligible cost; the amendment clarifies and codifies this.
http: / /www.laNv.cornell.edu /cfr /teax /24/92.206
4.34 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the
projects stated herein, and approved by the COUNTY in accordance with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR
24.101, shall be subject to the provisions of CDBG including, but not limited to, the
provisions on use and disposition of property. Any real property within the
SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG
funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505.
littpa /�vww.flz��a. dot .�7ovlrealestate /ua /index.htm
littp: /hvw «v.1a�v.coi-nell.edu /cfr /text /49124.101
littpJ /cf- .vlex. corn /vid /570- 505_use- real- property- 19928754
4.35 As provided in § 287.133, Florida Statz►tes 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 ys 287.133 (3) (a), Florida Statittes.
http: / /NN�tit,w la�,\ set ver coili/laxv /state /floi-ida /statutes /floi-ida statutes 287 -133
436 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 malting 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
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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.
4.37 Travel reimbursement will be based on the U.S. General Services Administration (GSA)
per diem rates in effect at the time of travel.
4.38 Any rule or regulation determined to be applicable by HUD.
4.39 Florida Statutes 713.20, Part 1, Construction Liens
littp://www.feL,.state.11.us/Statutes/index.cfin?App mode= Displav Statute &URL =0700
0799/0713/0713.11tm1
4.40 Florida Statutes 119.021 Records Retention
lntp: /h ,xnvw.lawserver.com./ law /state /f7orida /statutes /florida statutes 119-021
4.41 Florida Statutes, 1 19.071, Contracts and Public Records
littp : / /N,�'-,','AN ".Iec.state.n.us /Statutes /index cfm?App mode = Display= Statute&URL =0100
0199/0119/Sections/0 I 19 07 htmI
(Si-nature Page to Follow)
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IN WITNESS WHEREOF, the SUBRECIPIENT and the County, have each,
respectively, by an authorized person or agent, hereunder set their hands and seals on the date
first written above.
ATTEST:
DWIGHT E. BROCK, CLERK
Dated:
(SEAL)
, Deputy Clerk
Witness
Name an
Witnes�EBEC A PARATORE
Name and Title
Approved as to form and legality:
uck
Jennifer A. Bel 'e 'o
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
IMr
TOM HENNING, CHAIRMAN
HABITAT FOR HUMANITY OF COLLIER
COUNTY, INC.
NICK KOftOHERAS, EXECUTIVE V.P.
OF LAND DEVELOPMENT FOR
HABITAT FOR HUMANITY OF COLLIER
COUNTY, INC.
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PART V
EXHIBITS
EXHIBIT "A"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran
Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of
Insurance evidencing insurance coverage that meets the requirements as outlined below:
I . 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 I — 3 above, a Certificate of Insurance must be
provided as follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the
licensed design professional employed by the SUBRECIPIENT in an amount not
less than $1,000,000 per occurrence /$1,000,000 aggregate providing for all sums
which the SUBRECIPIENT and /or the design professional shall become legally
obligated to pay as damages for claims arising out of the services performed by
the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this contract. This insurance shall be maintained for a period of
two (2) years after the certificate of Occupancy is issued. Collier County shall be
named as an additional insured.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or
cause its Subcontractors to provide original certificates indicating the following types of
insurance coverage prior to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount
not less than one hundred (100 %) percent of the insurable value of the building(s)
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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 Iocated in
an area identified by the Federal Emergency Management Agency (FEMA) as
having special flood hazards, flood insurance under the National Flood Insurance
Program is obtained and maintained as a condition of financial assistance for
acquisition or construction purposes (including rehabilitation).
OPERATION /MANAGEMENT PHASE (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 (NF1P). The
policy must show Collier County as a Loss Payee A.T.I.M.A.
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EXHIBIT "B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Sub recipient Name: Habitat For Humanity of Collier County, Inc.
Sub recipient Address: 11145 Tamiami Trail E, Naples, FL 34113
Project Name: Legacy Lakes Roadway Infrastructure Project
Project No: CD 14-08 Payment Request #
Total Payment minus Retainage:
Period of Availability: 10/01/14-09/30/15
Period for which Agency has incurred indebtedness: through
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
2. Sum of Past Claims Paid on this Account
3. Total Grant Amount Awarded Less Sum Of
Past Claims Paid on this Account $
4. Amount of Previous Unpaid Requests (Include Retainage) $
5. Amount of Today's Request $
6. 10% Retainage Amount Withheld $
7. Current Grant Balance (Initial Grant Amount
Awarded Less Sum of all requests) $
I certify that this request for payment has been made in accordance with the terms and conditions of
the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge
and belief, all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor Department Director
(approval required $15,000 and above) (approval required $15,000 and above)
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EXHIBIT "C"
REPORTING SCHEDULE
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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 I" — December 31
January 10 '
January 31"— March 315`
A n 10"
April I' — June 30"
Jul 10"
Jul l " — September 30u'
October IOU,
SUBRECIPIENT AGREEMENT
LEGACY LAKES ROADWAY INFRASTRUCTURE PROJECT
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?
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3. Obstacles — describe any potential obstacles, challenges, or issues that may cause delay.
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.
Activi .:.This :Re ortin Period
No. Active Projects
No. Projects Complete
No. Properties Demolished
No. Properties Sold
TOTAL
HOUSEHOLD INFORMATION
Complete these tables for those households assisted during this reporting period.
Household Data
This Reporting Period
No. Extremely-Low Income Households (0 -30% AMI
White
No. Very-Low Income Households (31 -50% AMI)
No. Low - Income. Households (51 -80% AMI)
No. Moderate- Income Households (81 -120% AMI)
Asian
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 / AIaskan Native and Black/Affican American
Other Multi - Racial
TOTAL
Habitat for Humanity of Collier County, Inc.
2014 -2015 CDBG (CDBG14 -03)
Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 34 of 41
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EXHIBIT "D"
QUARTERLY PERFORMANCE REPORT DATA
GENERAL
9/23/2014 16.D.1.
Grantee is required to submit. to HUD, through the Integrated Disbursement and Information
System ( "IDIS ") Performance Reports. The County reports information on a quarterly basis. To
facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information
contained herein within ten (10) days of the end of each calendar quarter.
QUARTERLY PROGRESS REPORT
Sub - recipients: Please fill in the following shaded areas of the report
Agency Name:
Project Titre:
Program Contact:
Telephone Number:
*REPORT FOR QUARTER ENDING: (check one that applies to the
corresponding grant period):
Date:
Alternate
Contact:
0 12/31/14 03/31/15 ,W. 006130115 � 0 9130/16 l]
Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date.
1
Please list the outcome goal(s) from your approved application & sub- recipient agreement and indicate your progress in meeting
those goals since the beginning of the agreement.
Habitat for Humanity of Collier County, Inc.
2014 -2015 CDBG (CDBCr14 -03)
Legacy Lakes Access Roadway (Wooderest Drive) Infrastructure Project
Packet Page -2184-
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9/23/2014 16.D.1.
2.
M
Is this project still in compliance with the original project schedule? If more than 2 months behind schedule, must submit a new
timeline for approval
y
Yes �.. No
If no. explain:
Since October 1, 2014, of the persons assisted, how many....
Habitat for Humanity of Collier County, Inc.
2014 -2015 CDBG (CDBG14 -03)
Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 36 of 41
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9/23/2014 16.D.1,
5.
What is the total number of UNDUPLICATED clients served this quarter, if applicable?
a_
Total No. of adult females served: D - Total No. of females served under 18:
0 -
b.
Total No. of adult males served: O ,c Total No. of males served under 18:
0 .
Native Hawaiian /Other Pacific Islander
TOTAL: 0 TOTAL:
O
C.
Total No, of families served 0 "?. . ~'Total No. of female head of household:
0
r
Other Multiracial
0'
6.
What is the total number of UNDUPLICATED clients served since October, if applicable?
a.
h
Total number of adult females served Q ; Total number of females served under 18:
' O
b.
Total number of adult males served: 0 ; „Total number of males served under 18:
TOTAL: 0 TOTAL:
O
Q.
Total No. of families served: OM 'Total No. of female head of household:
Complete EITHER question #7 OR #8, Complete question #7 If your program only serves clients in one or more of the listed HUD Presumed
Benefit categories. Complete question #8 if any client in your program does not fall into a Presumed Benefit category.
DO NOT COMPLETE BOTH QUESTION 7 AND 8.
7. PRESUMED BENEFICIARY DATA 8. OTHER BENEFICIARY DATA: INCOME - RANGE
Indicate the total number of t 1ND /Pt t _AT D Indicate the total number of IIND IPI t -AT D persons
persons served since October 1 who fall into served since October 1 who fall into each income
each presumed benefit category (the total category (the total should equal the total in question #6) :
should equal the total in question 46),
Report as: Report as:
Abused Children
Homeless Person
Battered Spouses
Persons wl HIVIAIDS
Elderly Persons
Chronically / Mentally ill
Physically Disabled Adults
TOTAL: 0
r
O ,, Extremely low Income (0 -30%)
Low Income (31 -50 1%)
_ O„ ;Moderate Income (51 -80 %)
O Above Moderate Income ( >80 %)
TOTAL: 0
9. 1 Racial & Cinnic uaia; - I t„ dNNnuou,ol
Please indicate how many UNDUPLICATED clients served since October fall into each race category. In addition
to each race category, please indicate how many persons in each race category consider themselves Hispanic
(Total Race column should equal the total cell).
RACE ETHNICITY
White
of whom, how many are Hispanic?
Biaek/African AmericanO_,
-
Asian
O
American Indian /Alaska Natives
0 .
Native Hawaiian /Other Pacific Islander
- 0'i ,:
American Indian /Alaskan Native & White
0,;' '
Black/AfricanAmerican & White
G(+ -
Am. Indian /Alaska Native & Black/Afriean Am D `,
Other Multiracial
0'
Other
0„ -
TOTAL:
O
Name:
Title:
Habitat for Humanity of Collier County, Inc.
2014 -2015 CDBG (.CDBG14 -03)
Legacy Lakes Access Roadway (Wooderest Drive) Infrastructure Project
Packet Page -2186-
Signature:
Your typed name here represents your electronic
signature
Wage 37 of 41
of whom, how many are Hispanic?
0
_; of whom, how many are Hispanic?
of whom. how many are Hispanic?
O
'; of whom, how many are Hispanic?
,O
;of wham, how many are Hispanic?
O
";of whom, how many are Hispanic?
O
of whom, how many are Hispanic?
:of whom, how many are- Hispanic?
' 0
=; of whom, how many are Hispanic?
0
1; of whom, how many are Hispanic?
0
TOTAL HISPANIC
Habitat for Humanity of Collier County, Inc.
2014 -2015 CDBG (.CDBG14 -03)
Legacy Lakes Access Roadway (Wooderest Drive) Infrastructure Project
Packet Page -2186-
Signature:
Your typed name here represents your electronic
signature
Wage 37 of 41
EXHIBIT "E"
INCOME CERTIFICATION
INSTRUCTIONS
9/23/2014 16.D.1.
Submit completed form, including appropriate supporting documentation, to Grantee to obtain
approval prior to direct assistance 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 13(a)
Total Income from Assets 13(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 13(c), otherwise leave
blank. 13(c)
Habitat for Humanity of Collier County, Inc.
2014 -2015 CDBG (CD13G14 -03)
Legacy Lakes Access Roadway (Wooderest Drive) Infrastructure Project Page 38 of 41
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C. Anticipated Annual Income: Includes Unearned Income and Support Paid on
Behalf of Minors
Member
Wages I
Benefits /
Public
Other
Salaries
Pensions
Assistance
Income
(include tips,
Asset
commissions,
Income
bonuses, and
overtime
1
{Enter the
greater of
2
box B(b) or
3
box B(c),
4
above, in
5
box C(e)
below)
6
7
8
(a)
(b)
(c}
(d)
{e)
Totals
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. 1 /we have provided, for each person set forth in Item A, acceptable
verification of current and anticipated annual income. I /we 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 vhilful 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
Habitat for Humanity of Collier County, Inc.
2014 -2015 CDBG (CDBG14 -03)
Legacy Lakes Access Roadway (Wooderest Drive) Infrastructure Project Page 39 of 41
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9/23/2014 16.D.1.
E. CDBG 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 CDBG Program. The family or individual(s) constitute(s) a:
Very-Low Income (VLI) 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 $ ),
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 $ ).
Moderate - Income (MOD) Household means and individual or family whose
annual income does not exceed 80 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 CDBG Administrator or His /Her Designated Representative:
Signature
Date
Printed Name Title
F. Household Data
Number of Persons
By Race / Ethnicit
B Age
Native
American
Asian
Black
Hawaiian or
white
0—
Other
26—
41—
62+
Indian
Other Pac.
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 henefreiaq is
required to give such information he or she desires to do so, and refusal to give such information wi/1 not affect any right he at-
she has to the CDBG program.
Habitat for Humanity of Collier County, Inc.
2014 -2015 CDBG (CDBG 14-03)
Legacy Lakes Access Roadway (Wooderest Drive) Infrastructure Project Page 40 of 41
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9/23/2014 16.D.1.
EXHIBIT "F"
ANNUAL AUDIT MONITORING REPORT
OMB Circular A -133 Audits of States, Local Govemments, and Non - Profit Organizations requires the Collier
County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards
and determine whether they have met the audit requirements of the circular and whether they are in
compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the
following, provide all appropriate documentation regarding your organization's compliance with the audit
requirements, si nand date this form.
Subrecipient
Fiscal Year
Name
Period
Total State Financial Assistance Expended during
$
most recently completed Fiscal Year
Total Federal Financial Assistance Expended during most
$
recently completed Fiscal Year
Check Appropriate Boxes
We have exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending
❑
as indicated above and have completed our Circular A -133 audit. A copy of the audit report
and management letter is attached.
We exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending as
❑
indicated above and expect to complete our Circular A -133 audit by . Within
30 days of completion of the A -133 audit, we will provide a copy of the audit report and
management letter.
❑
We are not subject to the requirements of OMB Circular A -133 because we:
❑ Did not exceed the $500,000 federal /state expenditure threshold for the fiscal year
indicated above
❑ Are exempt for other reasons — explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
(ir rnnarngs were nvteu, PIedse U1KAUbtl d L.vpy u1 UIC 1CaNv1laca mw %.U11c%.uvc oa.Lwn m_/
Certification Statement
hereby certify that the above information is true and accurate.
Signature I Date
Print Name and Title
This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements.
Ilabitat for Humanity of Collier County, Inc.
2014 -2015 CDBG (CDBG 14 -03)
Legacy Lakes Access Roadway (Woodcrest Drive) Infrastructure Project Page 41 of 41
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9/23/2014 16.D.1.
Grant # - B- 14 -UC -12 -0016
CFDA /CSFA# - 14.218
Subrecipient — David Lawrence Mental
Health Center, Inc.
Agreement #CD14 -07PS
DUNS # - 096580782
IDIS 4486
FEID # - 59- 2206025
Fiscal Year End: 06/30
Monitor End: 09/2015
AGREEMENT BETWEEN COLLIER COUNTY
AND
DAVID LAWRENCE MENTAL HEALTH CENTER, INC.
THIS AGREEMENT is made and entered into this day of , 2014, 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 the
"David Lawrence Mental Health Center, Inc. ", a private not - for - profit corporation existing
under the laws of the State of Florida ( "Subrecipient "), having its principal office at 6075 Bathey
Lane, Naples, FL 34116.
WHEREAS, the County has entered into an agreement with the United States
Department of Housing and Urban Development (HUD) for a grant for the execution and
implementation of a Community Development Block Grant Program in certain areas of Collier
County, pursuant to Title I of the Housing and Community Development Act of 1974 (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 2014 -2015 for
the CDBG Program with Resolution 2014 -129 on June 24, 2014 — Agenda Item 16138; and
WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier
County CDBG program; and
WHEREAS, the County and Subrecipient wish to set forth the responsibilities and
obligations of each in undertaking the CDBG COMMUNITY ACCESS ADMINISTRATIVE
SERVICES PROGRAM; and
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is
agreed by the Parties as follows:
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9/23/2014 16.D.1.
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 CDBG assistance, as determined by Collier
County Housing, Human and Veteran Services (HHVS), to perform the tasks necessary to
conduct the program as follows:
SCOPE OF SERVICES
FY2014 -2015 Action Plan identified and approved the Public Services Project to David
Lawrence as follows:
Proiect Component One: Salaries
Funding costs will include but not limited to the following expenses: Fund 2 Full Time
(FT) Benefits Managers, partial salary for Quality Improvement and Program Support
Director
Project Component Two: Supplies
Funding costs will include but not limited to the following expenses: Fund purchase and
set up of computer kiosks at various David Lawrence Center locations.
Project Component Three: Posta e /Freight/Sbipping
Funding costs will include but not limited to the following expenses: All costs associated
with postage, freight and shipping.
Items identified for funding are outlined in the PROJECT DETAILS in Sectionl.2.
1.1 SPECIAL GRANT CONDITIONS
A. Within thirty (30) calendar days of the execution of this agreement, the Subrecipient
must deliver to HHVS 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 -N /A
2. Affirmative Action/ Equal Opportunity Policy
3. Conflict of Interest Policy
4. Fraud Policy
5. Equal Opportunity Policy
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6. Procurement Policy
7. Residential Anti - displacement and Relocation Policy -N /A
8. Sexual Harassment Policy
9. 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) -N /A
10. Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
1.2 PROJECT DETAILS
A. Project Description /Budget
Public Services
Federal Funds
Proiect Component One: Salaries
$64,590
Funding costs will include but not limited to the following expenses:
Fund 2 Full Time (FT) Benefits Managers, partial salary for Quality
Improvement and Program Support Director; purchase and set up of
computer kiosks at various David Lawrence Center locations.
Project Component Two: Supplies
$22,500
Funding costs will include but not limited to the following expenses:
purchase and set up of computer kiosks at various David Lawrence
Center locations.
Project Component Three: PostawlFreizhtlShipp
$2,712
Funding costs will include but not limited to the following expenses:
All costs associated with postage, freight and shipping.
Total: I
1
$89,802
The Subrecipient will accomplish the following project tasks:
Proiect Tasks
1. Maintain and provide to the County resident income certification or
presumed eligibility documentation (Exhibit E) or documentation of Census
Track
2. Provide quarterly reports on progress and procurement thresholds (Exhibits C
& D)
3. Required attendance by Executive Management at quarterly partnership
meetings, as requested
B. National Objective
Dr.0
CDBC CD14 -07PS
Community Access Administrative Scivices Program Page 3 of 41
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The CDBG program funds awarded to Collier County must benefit low - moderate
income persons (LMI). As such the Subrecipient shall be responsible for ensuring that
all activities and beneficiaries meet the definition of Low Mod Clientele (LMC) or
presumed Low Mod Clientele.
C. project Outcome.
The Subrecipient will provide Commuruity Access Administrative Services and
purchase and set up of computer kiosks to serve a minimum of three hundred (300)
persons.
D. Performance Deliverables
The Following Table Details the Project Deliverables
Program Deliverable
Deliverable Supporting
Submission Schedule
Submission Schedule
Documentation
Special Grant Condition Policies
Policies as stated in this
Within thirty (30) days of
(Section 1.1)
i
agreement
Agreement.Execut.ion
Creation and maintenance of income
Exhibit E
Deliverable: Ongoing and to
eligibility files on clients sensed
be reviewed during
monitoring
This funding will benefit a minimum of
- Exhibit C and D
Deliverable: Ongoing and
300 individuals or presumed clientele
evidenced by quarterly report
and monitoring
Quarterly Progress Reports
Exhibit C & D
Quarterly through 9/2015
Financial and Compliance Audit
Exhibit F
Annually one hundred eighty
(180 ) days after FY end
y
Proof of Insurance
insurance Certificate
Annually within 30 days of
renewal
Program income Re -Use Plan -If
_
Program Income Plan
Annually through 09/2015
Applicable
Document
_
Inventory (if applicable)-If Applicable
Loa
Annual! until 2020
Continued Use Certification
Continued Use Affidavit
Annuall l until 2020
E. Payment Deliverables
The Following Table Details the Payment Deliverables
PF\YMENT DELIVERABLES
Payment Deliverable
L
Payment— Supporting
Documents
Submission Schedule
DLC
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Proiect Component One: Salaries
Funding costs will include but not
limited to the following expenses: Fund
2 Full Time (FT) Benefits Managers,
partial salary for Quality Improvement
and Program Support Director.
Submission of supporting
documents must be provided as
back up as evidenced by i.e. time
sheets, payroll registers, banking
documents, and any additional
documents as needed — Exhibit B
Final 10% ($6,459.00) released
upon documentation of a
minimum of 300 persons served
monthly
Proiect Component Two: Supplies
Submission of supporting
monthly
Funding costs will include but not
documents must be provided as
limited to the following expenses:
back up as evidenced by invoices,
purchase and set up of computer kiosks
procurement documents, banking
at various David Lawrence Center
documentation and any additional
locations.
documents as needed- Exhibit B
Final 10% ($ 2,250.00) released
upon documentation of
equipment purchase, installation
and beneficiaries served
Project Component Three:
Submission of supporting
monthly
Postat?e/Freieht/Shippin
documents must be provided as
Funding costs will include but not
back up as'evidenced by invoices,
limited to the following expenses: All
procurement documents, banking
costs associated with postage, freight
documentationand any additional
and shipping,
documents as needed - Exhibit B
Final 10% ($271.20) released
upon documentation of
equipment purchase, installation
and beneficiaries served
1.3 TIME OF PERFORMANCE
Services of the Subrecipient shall start upon execution of the agreement and shall end on
September 30, 2015.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available EIGHTY NINE THOUSAND EIGHT
HUNDRED TWO DOLLARS AND NO CENTS ($89,802.00) 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 ").
DIX
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Modifications to the "Budget and Scope" may only be made if approved in advance.
Budgeted fund shifts between line items and project components shall not be more than 10% and
does not signify a change in scope. Fund shifts that exceed 10% of a line item and a project
component shall only be made with board approval.
All improvements specified in Section I. Scope of Work shall be performed by
SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure
acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into
contract for improvements with the lowest, responsive and qualified bidder. Contract
administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall
have access to all records and documents related to the project.
The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by HHVS.
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for
eligible costs, and all disbursements requests must be limited to the amount needed at the time of
the request. Invoices for work performed are required every month. SUBRECIPIENT may
expend funds only for allowable costs resulting from obligations incurred during the term of this
agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not
yet prepared to send the required backup, a $0 invoice will be required. Explanations will be
required if two consecutive months of $0 invoices are submitted. Payments shall be made to the
SUBRECIPIENT when requested as work progresses but, not more frequently than once per
month. Reimbursement will not occur if Subrecipient fails to perform the minimum level of
service required by this agreement. Final invoices are due no later than 90 days after the end of
the agreement. Work performed during the term of the program but not invoiced within 90 days
without written authorization from the Grant Coordinator will not be reimbursed. The County
Manager or designee may extend the term of this Agreement for a period of up to 180 days. The
extension must be authorized prior to the expiration of the agreement. The extension must be
authorized in writing by formal letter to the Subrecipient. No payment will be made until
approved by HHVS for grant compliance and adherence to any and all applicable local, state or
Federal requirements. Payment will be made upon receipt of a properly completed invoice and in
compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt
Payment Act."
1.5 COST PRINCIPLES
Payments to the Grantee are governed by the Federal grants management rule for cost
allowability found at 24 CFR 85.22 (24 CFR 84.27 for nonprofit recipients). 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
Grantee can only incur direct costs that may be attributed specifically to the projects referenced
above. The Grantee must provide adequate documentation for validating costs incurred.
Payments to Grantee's contractors and vendors are conditioned upon compliance with the
procurement requirements provided for in 24 CFR 85.36 or 84.40 -48, as applicable. Allowable
costs incurred by the Grantee shall be in compliance with OMB Circular A -87 Cost Principles
for State, Local, and Indian Tribal Governments. Allowable costs incurred by nonprofit
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recipients shall be in compliance with OMB Circular A -122 Cost Principles for Non - Profit
Organizations. Allowable costs incurred by procured private contractors shall be in
compliance with 48 CFR Part 31 Contract Cost Principles and Procedures. A
SUBRECIPIENT is not subject to 24 CFR Part 84 and 24 CFR Part 85, however the County is
Subject to 24 CFR Pact 85 and may impose requirements upon the SUBRECIPIENT in order for
the County to remain compliant with its obligation to follow 24 CFR Part 85. The
SUBRECIPIENT 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 or the Admin Plan.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, 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: Rosa Munoz, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
mai Ito: RosaMunoz(ii'�ColIieraov.net
239 - 252 -5713
SUBRECIPIENT ATTENTION: Scott Geltmeyer, Chief Financial Officer
David Lawrence Center
6025 Bathey Lane
Naples, FL 34116
SCOTT @dlcmhc.com
239 - 354 -1420
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.
DLC
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Any deficiencies noted in audit reports must be fully cleared by the Grantee, Developer,
or Subrecipient within 30 days after receipt by the organization. Failure of the organization to
comply with the above audit requirements will constitute a violation of this contract and may
result in the withholding of future payments. The Subrecipient hereby agrees to have an annual
agency audit conducted in accordance with current Grantee policy concerning Subrecipient
audits and OMB Circular A -133.
2.2 RECORDS AND DOCUMENTATION
The Subrecipient shall maintain sufficient records in accordance with 24 CFR 570.502
and 570.506 to determine compliance with the requirements of this Agreement, the CDBG
Program and all other applicable laws and regulations. This documentation shall include, but not
be limited to, the following:
A. All records required by CDBG 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
1-11-IVS. 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 HHVS
if requested. In any event the SUBRECIPIENT shall keep all documents and
records in an orderly fashion in a readily accessible, permanent and secured
location for three (3) years after the date of submission of the annual performance
and evaluation report, as prescribed in 24 CFR 91.520 with the following
exception: if any litigation, claim or audit is started before the expiration date of
the three (3) year period, the records will be maintained until all litigation, claim
or audit findings involving these records are resolved. The COUNTY shall be
informed in writing if an agency ceases to exist after closeout of this Agreement
of the address where the records are to be kept as outlined in 24 CFR 85.42. Meet
all requirements for retaining public records and transfer, at no cost, to COUNTY
all public records in possession of the SUBRECIPIENT upon termination of the
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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 HHVS
shall be the final arbiter on the SUBRECIPIENT's compliance.
G. The SUBRECIPIENT shall document how the National Objective(s) as defined in
24CFR 570.208 and the eligibility requirement(s) under which funding has been
received, have been met. These also include special requirements such as
necessary and appropriate determinations as defined in 24 CFR 570.208, income
certification, and written Agreements with beneficiaries, where applicable.
H. 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 Iaw.
2.3 MONITORING
During the term, SUBRECIPIENT shall submit an annual audit report and monitoring
report (Exhibit F) to the COUNTY no later than one hundred eighty (180) days after the
SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and
programmatic review.
The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on -site
monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion,
a desk top review of the activities may be conducted in lieu of an on -site visit. The continuation
of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon
the request of H14VS, submit information and status reports required by HHVS or HUD to
enable HHVS to evaluate said progress and to allow for completion of reports required. The
SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site
visits may be scheduled or unscheduled as determined by HHVS or HUD. .
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The COUNTY will monitor the performance of the SUBRECIPIENT based on goals and
performance standards as stated with all other applicable federal, state and local laws,
regulations, and policies governing the funds provided under this contract. Substandard
performance as determined by the COUNTY will constitute noncompliance with this Agreement.
If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after
being notified by the COUNTY, contract suspension or termination procedures will be initiated.
SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General
Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records
related to performance of activities in this agreement.
2.4 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, Housing Human and Veteran
Services (HHVS) has adopted an escalation policy to ensure continued compliance by
Subrecipients, Developers, or any entity receiving grant funds from HHVS. HHVS's policy for
escalation for non - compliance is as follows:
1. Initial non - compliance may result in Findings or Concerns being issued to the entity
and will require a corrective action plan be submitted to the Department within 15
days following the monitoring visit.
o Any pay requests that have been submitted to the Department for payment will be
held until the corrective action plan has been submitted.
o HHVS will be available to provide Technical Assistance (TA) to the entity as
needed in order to correct the non - compliance issue.
2. If in the case an Entity fails to submit the corrective action plan in a timely manner to
the Department, the Department may require a portion of the awarded grant amount
be returned to the Department.
o The County may require upwards of five percent (5 %) of the acquisition amount
be returned to the Department, at the discretion of the Board of County
Commissioners.
o The entity may be considered in violation of Resolution No. 2013 -228
3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an
issue that was previously corrected, and has been informed by the Department of their
substantial non- compliance by certified mail; the Department may require a portion
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of the awarded grant amount or the amount of the CDBG investment for acquisition
of the properties conveyed, be returned to the Department.
o The Department may require upwards of ten percent (10 %) of the acquisition
amount be returned to the Department, at the discretion of the Board of County
Commissioners.
o The entity will be considered in violation of Resolution No. 2013 -228
4. If in the case after repeated notification the Entity continues to be substantially non-
compliant, the Department may recommend the contract or award be terminated.
o The Department will make a recommendation to the .Board of County
Commissioners to immediately terminate the agreement or contract. The Entity
will be required to repay 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.
o The entity will be considered in violation of Resolution No. 2013 -228
If in the case the Entity has multiple agreements with the Department and is found to be non-
compliant, the above sanctions may be imposed across all a",ards at discretion of the Board of
Count); Commissioners.
2.5 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 Exhibits "C and D ". Exhibits "C and D"
contain 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.
PART III
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TERMS AND CONDITIONS
3.1 SUBCONTRACTS
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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 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG)) including subpart K of these regulations,
except that (1) the SUBRECIPIENT does not assume the recipient's environmental
responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the
recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52
and (3) SUBRECIPIENT is not required to follow federal procurement and (4) for
SUBRECIPIENT's revenue generated is not considered program income. The CDBG program
was funded through the Housing and Community Development Act of 1974. 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.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner,
as creating or establishing the relationship of employer /employee between the parties. The
SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the
services to be performed under this Agreement. The Grantee shall be exempt from payment of all
Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers'
Compensation Insurance, as the SUBRECIPIENT is an independent contractor.
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
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of the activities to be undertaken as part of this Agreement, such modifications will be
incorporated only by written amendment signed by both Grantee and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from CDBG 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 CDBG funds pertaining to this Agreement.
In the event of curtailment or non - production of said federal funds, the financial sources
necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be
available. In that event, the COUNTY may terminate this Agreement, which termination 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. There are no funds being
granted in association with 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, Flarzda 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 SUBRECIPTENT for, on behalf of, and /or about the
Program shall include the statement:
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"FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
DEPARTMENT"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team as well as
Equal Housing Opportunity to the general public. Construction signs shall comply with
applicable COUNTY codes.
3.8 DEFAULTS, REMEDIES AND TERMINATION
In accordance with 24 CFR 85.43, this Agreement may also be terminated for
convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth
the reasons for such termination, the effective date, and, in the case of partial terminations, the
portion to be terminated. However, if in the case of a 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; or
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;
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B. Require the use of or change in professional property management;
C. Require immediate repayment by SUBRECIPIENT to the County of all CDBG
finds 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;
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 and in addition to any and all other
remedies available to the COUNTY (whether under this Agreement or at law or in equity) the
SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of
termination (or expiration) and any accounts receivable attributable to the use of CDBG funds
per 24 CFR 570.503(b)(7).
The COUNTY's receipt of any funds on hand at the time of termination shall not waive
the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of
the funds or property, as the COUNTY may deem necessary.
3.10 INSURANCE
SUBRECIPIENT shall not co►nmence any work and /or services pursuant to this
Agreement until all insurance required as outlined in Exhibit "A" has been obtained, and
carried, at all times during its performance.
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 Grants and
Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments
(24 CPR Part 85), and the federal regulations for the Community Development Block Grants (24
CFR 570 et seq.).
3.12 PURCHASING
SUBRECIPIENT's are required to follow Federal Procurement regulations and Collier
County's purchasing thresholds.
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All purchasing for services and goods, including capital equipment, shall be made by
purchase order or by a written contract and in conformity with the thresholds of Collier County
Purchasing Policy.
Purchasing Threshold Policy
Dollar Range {$)
Quotes
Under $3K
1 Written Quote
$3K to $50K
3 Written Quotes
Above $50K
Request for Proposal (RFP)
Invitation for Bid IFB)
3.13 PROGRAM - GENERATED INCOME
Any "Program Income" (as such term is defined under applicable Federal regulations)
gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the
COUNTY through an annual program income re -use plan, utilized by the SUBRECIPIENT and
shall be in compliance with 24 CFR 570.503(c) in the operation of the Program.
3.14 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout
requirements are completed. The County may close out the project with the SUBRECIPIENT
after the five (5) year 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 deterinining the custodianship of records. In addition to the records retention
outlined in Section IX.B.4, the SUBRECIPIENT shall comply with Section 119.021 Florida
Statutes regarding records maintenance, preservation and retention. A conflict between state and
federal law records retention requirements will result in the more stringent law being applied
such that the record must be held for the longer duration. Any balance of unobligated funds
which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess
of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this
Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and
information that complies with Section 215.97, Florida Single Audit Act.
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.
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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
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 (5 I) 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
At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement
must be low- and moderate- income persons. if the project is located in an entitlement city, as
defined by IIUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the
beneficiaries directly assisted under this Agreement must reside in unincorporated Collier
County or in municipalities participating in the County's Urban County Qualification Program.
The project shall assist beneficiaries as defined above for the time period designated in Exhibits
"C and D" of this Agreement.
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 five year 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
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interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any
manner or degree with the performance of this Agreement and that no person having any conflict
of interest shall be employed by or subcontracted by the SUBRECIPIENT. The
SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict
of Interest ", and the State and County statutes, regulations, ordinance or resolutions governing
conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its
employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low and moderate -
income residents of the project target area.
The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval
prior to entering into any contract with an entity owned in whole or in part by a covered person
or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY
may review the proposed contract to ensure that the contractor is qualified and that the costs are
reasonable. Approval of an identity of interest contract will be in the COUNTY's sole
discretion. This provision is not intended to limit SUBRECIPIENT's ability to self - manage the
projects using its own employees. Any possible conflict of interest on the part of the
SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however,
that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the
statutory requirement that maximum opportunity be provided for employment of and
participation of low and moderate income residents of the project target area.
3.20 RIi1LIGIOUS ORGANIZATIONS
CDBG funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 570.2000). 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 cant' out its mission, including the definition, practice and expression of
its religious beliefs, provided that it does not use direct CDBG funds to support any
inherently religious activities, such as worship, religious instruction or proselytizing.
d. The funds shall not be used for the acquisition, construction or rehabilitation of
structures to the extent that those structures are used for inherently religious activities.
Where a structure is used for both eligible and inherently religious activities, CDBG
funds may not exceed the cost of those portions of the acquisition, construction or
rehabilitation that are attributable to eligible activities in accordance with the cost
accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels,
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or other rooms that a CDBG funded religious congregation uses as its principal place
of worship, however, are ineligible for CDBG funded improvements.
3.21 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.
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
htip://ww-w.Iaw!.cornel l.edti/cfr /text /24 /pail -570
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link:
htip: / /www,ecfr.,,ov /cgi- bin /text-
idx? c= ecti•& tpl= /eef'rbrowse/Title24 /24efr58 main 02.tpl
4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development
Act of 1974 as amended
http : / /portal.ilud.gov /llucll)oi-tal /HUD ?src = /program offices/fair housing equal opp /F1-1
Laws / 109
4.4 The Fair Housing Act (42 U.S.C. 3601 -20) Reasonable Accommodations Under the Fair
Housing Act. litti)://www.hud.aov /oft ices /flieo /library /huddoistatement.pdf
E.O. 1 1063 — Equal Opportunity in Housing
littj):Hpoi-tal llud uov /hudportal /IIUD ?src= /proaram offices /fair housin1� equal opp /Fl -1
Laws /EXO 1 1063
E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs
httd : / /\vwww.ai•chives.eov /federal - register /codification /executiv_ e- order /l2259.html
24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.O.
http://www.law.coi-nell.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
htip•Hxn-tal hud coy /hudportal /H1JD ?Sre= /proL•ram offices /fair lhousint) equal opp /prof,
desc /title8
4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063
which prohibits discrimination and promotes equal opportunity in housing.
http://www.gpo.!,,
,ov/-fdsys/pka/CFR-2007-title24-vol3/pdf7CFR-2007-titIC24-vol')-
scc570-602.1)df
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.gov /eeoc /history /35th /thelaw /eo- 11246.htmi
EO 11375 and 12086: see item #8 below
4.8 Title VI1 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
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advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it
is an Equal Opportunity or Affirmative Action employer.
http: / /www,ceoe. aov /IaNvs /statutes /titiev ii.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 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 CDBG- funded project is located; where feasible, priority
should be given to Iow- and very low- income persons within the service area of the
project or the neighborhood in which the project is located, and to low- and very low -
income participants in other HUD programs; and award contracts for work undertaken in
connection with a housing rehabilitation (including reduction and abatement of lead -
based paint hazards), housing construction, or other public construction project to
business concerns that provide economic opportunities for low- and very low - income
persons residing within the metropolitan area in which the CDBG - funded project is
located; where feasible, priority should be given to business concerns that provide
economic opportunities to low- and very low - income residents within the service area or
the neighborhood in which the project is located, and to low- and very low-income
participants in other HUD programs.
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The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity
exists that would prevent compliance with these requirements. http: / /wwwv.ecfr,,,wov /cgi-
bin/ text- idx? c= ecFrR tpl= /ecfrbrowse /Title24 /24cfr135 main 02AI)l
4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as
amended by Executive Orders 1 1375, 11478, 12107 and 12086.
Age Discrimination Act of 1975 - http:// www.dol.goi,/oasam /i-egs/statute,s /age act.)htm
11063:littp:Hportal hud aov/hudpot-taI /HUD?sre= /program offices /fair housing equal o
pp /FHLaws /EXO 1 1063
11246: littp:// w? ww. eeoc, �, ov /eeoc/histot-v /35tii /tlielaw /eo -1 1246.htin 1
11375: Amended by EO 11478
11478: http /hwww archives Gov /federal- register /codification /executive - order /I 1478.htmi
12107: http: / /ww\v archives gov/ federal- re1ister /codification /executive- order /12107.11tm_i
12086: http: / /www.archives.-ov/ federal - register /codification /executive- order /I2086.html
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327 -332.
http:// usaceent,: iiieerin�-,I)amplets2.ttub.com /EP -1 180- 1 -1 /EP- 1180- 1- 10012.htm
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614
Subpart K.
Section 504: http:/ hN,,\v- �Ni .el2a.gov /civih•ights /sec5O4.litm
29 USC 776: littp: // law .onecle.com /uscode /29/776.litml
24 CFR 570. 614: http: //www.law.coriiell.edu /cfr /text /24/570.614
4.13 The Americans with Disabilities Act of 1990
h ttp: / /NwwNv. fliwa.(Iot -gov /realestate /ua /i ndex.lttni
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended. littL)://v`nv-«i.fliwa.dot.gov /realestate /ua /iiidex.litm
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 CDBG. (See 42 USC 276a and 24 CFR 1.35.11(c).
29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work
Financed in whole or in part by Loans or Grants from the United States -
http: / /www.law.coi-ne l l.edti/afr /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)
littt): //www, law.coriiel l .ed ti /ci`r /text /29 /part -5
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Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects. http: / /WWW. presidency .ucsb.eduhws /index,php ?aid =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: / /wNvw.nibda., ov /node /_; 33
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
570.607, as revised by Executive Order 13279. The applicable non- discrimination
provisions in Section 109 of the HCDA are still applicable.
24 CFR 570.607: http: / /www.gpo.gov /fdsys /pke /CFR - 2010- title24- vo13 /pdf/CFR -2010-
title24-- vol3- sec570- 608_pdf
E.O. 13279: http:Hfedgovcontracts ,coin/pe02- 192.htm
4.18 Public Law 100 -430 - the Fair Housing Amendments Act of 1988.
http : / /wNvw.ncbi.nhn.nih.goy /pLibmed/ 12289709
4.19 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with
institutions of Higher Education, Hospitals and Other Non -Profit Organizations and
specified by the following subsections: http : / /w,Nvvw.law.coriiell.edri /cfi- /text /24 /part -84
Subpart A — General;
Subpart B — Pre -Award Requirements, except for 84.12, Forms for Applying for
Federal Assistance;
Subpart C — Post -Award Requirements, except for:
o Section 84.22, Payment Requirements- Grantees shall follow the standards of
85.20(b)(7) and 85.21 in malting payments to SUBRECIPIENT's;
o Section 84.23, Cost Sharing and Matching;
o Section 84,24, Program income — in lieu of 84.24 CDBG SUBRECIPIENT's
shall follow 570.504;
o Section 84.25, Revision of Budget and Program Plans;
o Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENT's
shall follow 570.505;
o Section 84.34(g), Equipment — In lieu of the disposition provisions of 84.34(g)
the following applies:
■ In all cases in which equipment is sold, the proceeds shall be program
income (pro -rated to reflect the extent to which CDBG funds were
used to acquire the equipment); and
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• Equipment not needed by the SUBRECIPIENT for CDBG activities
shall be transferred to the recipient for the CDBG program or shall be
retained after compensating the recipient;
• Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program
Performance;
• Section 84.52, Financial Reporting;
• Section 84.53(b), Retention and Access Requirements for Records. Section
84.53(b) applies with the following exceptions:
• The retention period referenced in 84.53(b) pertaining to individual
CDBG activities shall be three years; and
• The retention period starts from the date of submission of the annual
performance and evaluation report, as prescribed in 24 CFR 91.520, in
which the specific activity is reported on for the final time rather than
from the date of submission of the final expenditure report for the
award;
o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG
SUBRECIPiENT's shall comply with 570.503(b)(7); and
Subpart D — After -the -Award Requirements — except for 84.7 1, Closeout Procedures
4.20 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local
Governments shall be followed for sub recipients that are governmental entities.
hrtp: / /www.eefi-.(-)�ov /egi- bin /text-
idx? c= ecfr& tpl= /ecfrbrowse /Title24 /24efr85 main 02.tpl
4.21 Immigration Reform and Control Act of 1986
l itt p • / /ww'w.ecoc.�sov /eeoc /liistory /35th /tlieIaw /irea.litm I
4.22 Prohibition Of Gifts To County Employees - No organization or individual shall offer or
give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part Ill, Florida Statutes, Collier
County Ethics Ordinance No. 2004 -05, as amended, and County Administrative
Procedure 5311. Florida Statutes -
http: / /www lawsei-ver com /law /state /noricia /statutes /florida statutes chapter 112 part iii
Collier County -
http• / /becsp I /SiteDirectory/ASD /HR/ labor /CMAs/ Shared %20Documents /CMA` %20531
i .1 % 20Standards %,2OoP /o2DC:onduct.pcif
4.23 Order of Precedence - In the event of any conflict between or among the terms of any of
the Contract Documents, the terms of the Agreement shall take precedence over the terms
of all other Contract Documents, except the terms of any Supplemental Conditions shall
take precedence over the Agreement. To the extent any conflict in the terms of the
Contract Documents cannot be resolved by application of the Supplemental Conditions, if
any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
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4.24 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).
4.25 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith
effort to resolve any such disputes by negotiation. Any situations when negotiations,
litigation and /or mediation shall be attended by representatives of SUBRECIPIENT with
full decision - making authority and by COUNTY'S staff person who would make the
presentation of any settlement reached during negotiations to COUNTY for approval.
Failing resolution, and prior to the commencement of depositions in any litigation
between the parties arising out of this Agreement, the parties shall attempt to resolve the
dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the
State of Florida. Should either party fail to submit to mediation as required hereunder,
the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if
in state court and the US District Court, 20`x' 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.
littp://%vww.flsenate.gov/l,aws/Statutes/201 0/44, 10?
4.26 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. http: / /www.1,,iw.cornell.edu /uscode /text /42/7403.
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
http://www.law.cornell.edU/Ll-,code/text/33/chapter-26
4.27 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for
activities located in an area identified by FEMA as having special flood hazards, flood
insurance under the National Flood Insurance Program is obtained and maintained. If
appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which
would satisfy this requirement and /or reduce the cost of said flood insurance.
http: //h-v%Atw.ecfr.gov /cgi- bin /text-
idx' ?c =ecfr& SID= eba4Obdb52822d80827a48beed5bOb56 &rgn =div 8 &view = text &node =2
4:3.1.1.3.4. l 1.1.6 &idno =24
4.28 The SUBRECIPIENT agrees that any construction or rehabilitation of residential
structures with assistance provided under this contract shall be subject to HUD Lead -
Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K.
littL)://ww",.eefr.gov/chi-biii /text-
idx`?c =ecfr& SID= eba40bdb52 82 2d80827a48beed5bOb56 &rgn =div8 &view = text &node =2
4:3. l .1.3.4.1 l .1.9 &idno =24
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4.29 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set
forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and
the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation
Procedures for Protection of Historic Properties, insofar as they apply to the performance
of this agreement.
htti ): / /wNkiw-.nt)s.�Tov/history /local - law /nhpa 1966.htm
litter / /www.ecf -.« ov /cgi- bin /text-
idx? c= ecfr& et )l= /ecfrbrowsefritle36 /36cfr8OO 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• //wop gov /iiistory /local- la\v /nlipaI966.htm
4.30 The SUBRECIPIENT must certify that it will provide drug -free workplaces in
accordance with the Drug -Free Workplace Act of 1988 (41 USC 701).
http / /us code vIex com /vid /cli-ua- free - workplace- (-equii-emeiits- contractors - 19242870
4.31 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal Department or agency; and, that the
SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered
transaction, with a person who is similarly debarred or suspended from participating in
this covered transaction as outlined in 24 CFR 570.609, Subpart K.
http • //www.ecfr. Gov /cgi- bin /text-
idx° c= ecfr& S1D= eba40bdb52822 d80827a48beed5bOb56 &rt*n= div8 &view= text &node =2
4:3.1.1.3.4.1 l .1.10 &idno =24
4.32 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is
applicable, and agrees to adhere to the accounting principles and procedures required
therein, utilize adequate internal controls, and maintain necessary source documentation
for all costs incurred.
States local governments and Indian Tribes follow:
• A -87 for Cost Principles
• A -102 for Administrative Requirements
Educational Institutions (even if part of a State or local government) follow;_
• A -21 for Cost Principles
• A -110 for Administrative Requirements
Non -Profit Organizations follow:
• A -122 for Cost Principles
• A -i 10 for Administrative Requirements
OMB CircularA87: http• / /www whitehouse gov /omb /circulars aO87 2004/
OMB Circular A102:http://wN,\;w.wliiteliouse..gov/oi-nb/circitlars 1102/
OMB Circular A2]:Iittp://xv,\vw,whitehoLise.gov/oiiib/cii-culai-s a021 2004/
OMB Circular Al 10:http://www.whitehouse..gov/oi-nb/circul.,irs a110/
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OMBCircularAI22:littp:HNv%�7w.\vliiteliouse.gov/o b/circulars a 1.22 2004/
4.33 Audits shall be conducted annually and shall be submitted to the COUNTY one hundred
eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The
SUBRECIPIENT shall comply with the requirements and standards of OMB A -133,
Audits of States, Local Governments, and Non - Profit Organizations. If this Agreement is
closed out prior to the receipt of an audit report, the COUNTY reserves the right to
recover any disallowed costs identified in an audit after such closeout.
littp://�N'WNV.X�,;IiitC[IOLIse.gov/onib/cii-etilai-s/ai33 compliance supplement 2011
Clarification of Eligible Audit Costs
The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the
cost certification of costs perfonned by a certified public accountant. This has always
been an eligible cost; the amendment clarifies and codifies this.
littj..: / /ww�N,. Iaw,corne I l.edu /cfr /text/24/92.206
4.34 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the
projects stated herein, and approved by the COUNTY in accordance with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR
24.101, shall be subject to the provisions of CDBG including, but not limited to, the
provisions on use and disposition of property. Any real property within the
SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG
funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505.
http:// ,vvww .fliwa.clot.,zov /realestate /ua /index lhtm
htII2://www.]aNv.cornell.edu/cfr /text/49/24.1 01
littp: / /cfr,vlex.com /vid /570 -505- use -real - property- 19928754
4.35 As provided in § 287.133, Florida Statutes by entering into this Agreement or performing
any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates,
suppliers, subcontractors and consultants who will perform hereunder, have not been
placed on the convicted vendor list maintained by the State of Florida Department of
Management Services within the 36 months immediately preceding the date hereof. This
notice is required by § 287.133 (3) (a), Florida Statutes,
http: / /v\,ww.lawserver.com /law/ state /florida /statutes /floi-ida_statutes-287-1 33)
4.36 No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
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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
SUBRECIPIENT's shall certify and disclose accordingly.
4.37 Travel reimbursement will be based on the U.S. General Services Administration (GSA)
per diem rates in effect at the time of travel.
4.38 Any rule or regulation determined to be applicable by HUD.
4.39 Florida Statutes 713.20, Part 1, Construction Liens
http: / /www.leg.siate,11.us/ Statutes /index.efm ?Al2p mode = Displav Statute &URL =0700-
0799/071 3/0713.htm1
4.40 Florida Statutes 119.021 Records Retention
http: / /\Nn,\,-w.lawsei-vei-.com /law /state /f7orida /statutes /florida statutes 119 -021
4.41 Florida Statutes, 1.19.071, Contracts and Public Records
httl-)://www.leg.St,itC.fl.Lls/Statut(,-s/index.cfiii?Al-.)I) mode= Displav Statute& U RL=0 100-
0 1 99/01l 9 /Sections /0I 19.07.htm I
(Signature Page to Follow)
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IN WITNESS WHEREOF, the SUBRECIPIENT and the County, have each,
respectively, by an authorized person or agent, hereunder set their hands and seals on the date
first written above.
ATTEST:
DWIGHT E. BROCK, CLERK
Dated:
, Deputy Clerk
(SEAL)
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DAVID LAWRENCE MENTAL HEALTH CENTER,
INC., d /b /a DAVID LAWRENCE CENTER
I
Scott urges; Chie'I' Executive Officer
Witness
Name and Title
Vi >tness � r�'
Name and Title
Approved as to form and legality:
Jennife . Belpedio
Assistant County Attorney
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PART V
EXHIBITS
EXHIBIT "A"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran
Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of
Insurance evidencing insurance coverage that meets the requirements as outlined below:
I . 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 I — 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:
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)
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or structure(s). The policy shall be in the name of Collier County and the
SUBRECIPIENT .
In accordance with the requirements of the Flood Disaster Protection Act of 1973
(42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in
an area identified by the Federal Emergency Management Agency (FEMA) as
having special flood hazards, flood insurance under the National Flood Insurance
Program is obtained and maintained as a condition of financial assistance for
acquisition or construction purposes (including rehabilitation).
OPERATION /MANAGEMENT PHASE (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.
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.
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EXHIBIT "B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Sub recipient Name: David Lawrence Mental Health Center Inc. d /b /a David Lawrence
Center
Sub recipient Mailing Address: 6025 Bathey Lane, Naples, FL 34116
Project Name: Community Access Administrative Services Program
Agreement No: CD14 -07PS Payment Request #
Total Payment Minus Retainage: $
Period of Availability: through
Period for which Agency has incurred indebtedness: through
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded $
2. Sum of Past Claims Paid on this Account $
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account $
4. Amount of Previous Unpaid Requests $
5. Amount of Today's Request $
6. 10% Retainage Amount Withheld
7. Current Grant Balance (Initial Grant Amount
Awarded Less Sum of all requests) $
I certify that this request for payment has been drawn in accordance with the terms and
conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best
of my knowledge and belief, all grant requirements have been followed.
Signature
Title
Grant Coordinator
Supervisor
Dept Director _
Date
Grant Accountant
(approval required $15,000 and above)
(approval required $15,000 and above)
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EXHIBIT "C"
REPORTING SCHEDULE
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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 I" — Decernber 3155
January 10"
January 31" — March 31 5'
Aril 10"
April 151— June 301t
jLly 10
Jul 151— September 30`
October 10"
SUBRECIPIENT AGREEMENT
COMMUNITY ACCESS ADMINISTRATIVE SERVICES PROGRAM
Date Submitted:
Activity Reporting Period:
Contact Person:
Telephone:
Email:
FNRR A I
I. 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?
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3. Obstacles — describe any potential obstacles, challenges, or issues that may cause delay.
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
White
No. Projects Complete
No. Properties Demolished
No. Pro erties Sold
Asian
TOTAL
HOUSEHOLD INFORMATION
Complete these tables for those properties sold during this reporting period.
Household Data
This Re ortin Period
No. Extremely-Low Income Households (0 -30% AMI)
White
No. Very-Low Income Households (31-50% AMI)
No. Low - Income Households (51 -80% AMI)
No. Moderate- Income Households (81 -120% AMI)
Asian
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
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EXHIBIT "D"
QUARTERLY PERFORMANCE REPORT DATA
GENERAL
9/23/2014 16.D.1.
Grantee is required to submit to HUD, through the Integrated Disbursement and Information
System ( "IDIS ") Performance Reports. The County reports information on a quarterly basis. To
facilitate in the preparation of such reports, Subrecipient shall submit the information contained
herein within ten (10) days of the end of each calendar quarter.
QUARTERLY PROGRESS REPORT
Sub - recipients: Please fill in the following shaded areas of the report
Agency Name: David Lawiehce.trentar Date: EM
"REPORT FOR QUARTER ENDING: (check one that applies to the
corresponding grant period): ❑ 12/31/14 ❑3131115 ❑06130115 ❑ 9130115 O
Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date.
1.
Please list the outcome goal(s) from your approved application & sub - recipient agreement and ,Indicate,your progress in meeting
those goals since the beginning of the agreement
B. Goal Progress: Indicate the progress to date in meeting each outcome goal.
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2.
3.
Is this project still in compliance with the original project schedule? if more than 2 months behind schedule, must submit a nevr.;.
timeilne for approval.
Yes
If no, ex 1;
No IR
Since effective date of agreement, of the persons assisted, how many....
Total Other Funds
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Total
Entitlement $
Funds -
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5. What is the total number of UNDUPLICATED clients served this quarter, if applicable?
a. Total No. of adult females served: D :j :;Total No. of females served under 18: O
b. Total No, of adult males served: Total No. of males served under 18:
TOTAL: 0 TOTAL: 0
c. Total No, of families served:
Total No. of female head of household:
6.
What Is the total number of UNDUPLICATED clients served since 0ctotier, if applicable?
a. Total number of adult females served 0 ,
'Total number of females served under 18:
b. Total number of adult males served: 0; .' ;;.Total
number of males served under 18: 0 :.
TOTAL: 0
TOTAL: 0
C. Total No. of families served: 0::. :':'Total
No. of female head of household:
Complete EITHER question #7 OR #8. Complete question #7 if your program only serves clients in one or more of the listed HUD Presumed
Benefit categories. Complete question #8 If any client in your program does not fall into a Presumed Benefit category.
DO NOT COMPLETE BOTH QUESTION 7 AND 8.
7. 1PRESUMED.BENEFICIARY DATA
8. JOTH50 BENEFICIARY.DATA: INCOME RANGE
Indicate the total number of UNDUPLICATED
persons served since October 1 who fall into
Indicate the total number of UNDUPLICATED persons
each presumed benefit category (the total
served since October 1 who fall into each income
should equal the total in question #6):
category (the total should equal the total in question #6):
Report as:
Report as:
p . Abused Children
0 i Extremey low Income (0 -30%)
O Homeless Person
0 :.Low Income (31 -50 %)
p Battered Spouses
0 :; Moderate Income (51 -80%)
0 'F' Persons w/ HN /AIDS
0 ?'Above Moderate Income ( >80 %)
p Elderly Persons
0 Veterans
0 Chronically/ Mentally ill
0, Physically Disabled Adults
D:: Other -Youth
TOTAL: 0
TOTAL: 0
r 4. Racial:& Ethnic: Data:" ifa licabte - - -
Please indicate how many UNDUPLICATED clients served since October fall into each race category. In addition
to each race category, please indicate how
many persons in each race category consider themselves Hispanic
(Total Race column should equal the total cell).
RACE
ETHNICITY
White
; ofwhom, how many are Hispanic?
Black/African American
of whom, how many are Hispanic?
Asian
of whom, how many are Hispanic?
American Indian/Alaska Native D
;0._:;; of whom, how many are Hispanic?
Native Hawaiian/Other Pacific Islander 0
O :!; of whom, how many are Hispanic?
American Indian /Alaskan Native & White
of whom, how many are Hispanic?
Black/African American &White
of whom, how many are Hispanic?
Am. Indian/Alaska Native & Black/African Am. 0
0 ,'; of whom, how many are Hispanic?
Other Multi- racial D
'0 `; of whom, how many are Hispanic?
Other 0
of whom, how many are Htspanic7
TOTAL: 0
0 TOTAL HISPANIC
Name:
Title:
Signature:
Your typed name here represents your a ec rornc
signature
DLc
CDBG CD14-07PS
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EXHIBIT "E"
INCOME CERTIFICATION
INSTRUCTIONS
9/23/2014 16. D.1.
Complete form, and retain appropriate supporting documentation, to document providing CDBG
assistance to an eligible beneficiary. Please file in your organization's records and have on hand
for future monitoring visits.
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
l
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)
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C. Anticipated Annual Income: Includes Unearned Income and Support Paid on
Behalf of Minors
Member
Wages /
Benefits /
Public
Other
Salaries
Pensions
Assistance
Income
(include tips,
commissions,
Asset
bonuses, and
Income
overtime
1
(Enter the
2
greater of
box B(b) or
box B(c),
3
4
above, in
box C(e)
5
G
below)
7
8
(a)
(b)
(c)
(d)
(e)
Totals
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. I /we 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)
Adult Household Member (if applicable)
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Date
Date
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E. CDBG 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 CDBG Program. The family or individual(s) constitute(s) a:
Very -Low Income (VLI) 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 $ ).
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 $ ).
Moderate - Income (MOD) Household means and individual or family whose
annual income does not exceed 80 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 CDBG Administrator or His/Her Designated Representative:
Signature Date
Printed Name Title
F. Household Data
Number of Persons
By Race / Ethnici
ty
By Age
Native
American
Hawaiian or
Oth
0— 26— 41—
Indian
Asian
Black
Other Pac.
white
er
62+
25 40 61
Islander
Hispanic
Non-
Hispanic
NOTE: Information concerning the rate or ethnicio, of the occupants is being gathered fur statistical use only. No beneficiary is
required to give such information he or she desires to do so, and refusal to give such information i +gill not affect any right he or
she has to the CDBG program.
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EXHIBIT "F"
ANNUAL AUDIT MONITORING REPORT
OMB Circular A -133 Audits of States, Local Govemments, and Non -Profit Organizations requires the Collier
County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards
and determine whether they have met the audit requirements of the circular and whether they are in
compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the
following, provide all appropriate documentation regarding your organization's compliance with the audit
requirements, sign and date this form.
Subrecipient Name
Fiscal Year
Period
Total State Financial Assistance Expended during
$
most recently completed Fiscal Year
Total Federal Financial Assistance Expended during most
$
recently completed Fiscal Year
Check Appropriate Boxes
We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending
❑
as indicated above and have completed our Circular A -133 audit. A copy of the audit report
and management letter is attached.
We exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending as
❑
indicated above and expect to complete our Circular A -133 audit by . Within
30 days of completion of the A -133 audit, we will provide a copy of the audit report and
management letter.
❑
We are not subject to the requirements of OMB Circular A -133 because we;
❑ Did not exceed the $500,000 federal /state expenditure threshold for the fiscal year
indicated above
❑ Are exempt for other reasons — explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
pi- Tinuings were noteu, pledbU UIKAUbt: a L.UIJY U1 LilC I =,IJJVIIMWa QIIU %,Wl.ca.uvc a+ L.WlI
Certification Statement
I hereby certify that the above information is true and accurate.
Signature I Date
Print Name and Title
This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements.
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CDBG CDI4 -07PS
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Grant # - B- 11 -UC -12 -0016
B- 14 -UC -12 -0016
CFDA /CSFA# - 14.218
Subrecipient — Habitat for Humanity of
Collier County, Inc.
Agreement #CD14 -04
DUNS # - 080676690
IDIS 9483
FEID # - 59- 1834379
Fiscal Year End: 06/30
Monitor End: 09/2020
AGREEMENT BETWEEN COLLIER COUNTY
AND
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
THIS AGREEMENT is made and entered into this day of , 2014, 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 the
"Habitat for Humanity of Collier County, Inc. ", a private not - for - profit corporation existing
under the laws of the State of Florid ( "SUBRECIPIENT"), having its principal office at 11145
Tamiami Trail E, Naples, FL 34113.
WHEREAS, the County has entered into an agreement with the United States
Department of Housing and Urban Development (HUD) for a grant for the execution and
implementation of a Community Development Block Grant Program in certain areas of Collier
County, pursuant to Title I of the Housing and Community Development Act of 1974 (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 2014 -2015 for
the CDBG Program with Resolution 2014 -129 on June 24, 2014 — Agenda Item 16D8; and
WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier
County CDBG program; and
WHEREAS, the County and Subrecipient wish to set forth the responsibilities and
obligations of each in undertaking the CDBG RE -ROOF 2014 PROJECT; and
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is
agreed by the Parties as follows:
HABITAT FOR HUMANITY
CDBG CD14464
RE -ROOF Repair /Replacement Page I of 41
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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 CDBG assistance, as determined by Collier
County Housing, Human and Veteran Services (HHVS), to perform the tasks necessary to
conduct the program as follows:
SCOPE OF SERVICES
FY2014 -2015 Action Plan identified and approved the Habitat for Humanity Re -Roof
project. The project will provide the replacement/repair of a minimum of 22 roofs
throughout Collier County. For the purposes of this agreement eligible applicants must
meet the definition of the LMH (Low /Mod Housing). The SUBRECIPIENT will also
ensure that a lien is placed on each CDBG assisted property for a period of no less than
five (5) years from the completion of the each roof.
Project Component l: Project Delivery
The SUBRECIPIENT will perform application intake to screen for eligible program
beneficiaries to include lien activities, environmental, inspection and other project
compliance activities. Prospective applicants will be income qualified to ensure that they
meet a CDBG National Objective and Income eligibility guidelines. The
SUBRECIPIENT will evaluate prospective applications based on criteria as described
within the CDBG application and in accordance with CDBG regulations, incorporated by
reference.
Project Component 2: Roof Repair /Replacement
Rehabilitate and/or replacement of a minimum of twenty -two (22) roofs for low income
homeowners. The project will ensure that the program beneficiary's roofs will be brought
up to current roofing standards, shingle wind warranty of at least 130 mph, wind
mitigation inspection, an underlayment to protect the dwelling from water intrusion, and
all necessary items installed related to re- roofing or repair of the home. The project must
conform to HHVS rehabilitation standards and current Florida building code.
Specifically, improvements identified for funding are outlined in the Project Details
Section 1.2.
The detailed project scope will be contained in the contractors estimate, awarded in the
project's construction contract. The project's construction contract will include details
sufficient to document the number, amount and costs associated with all activities for
payment.
HABITAT FOR HUMANITY
CDBG CD14 -04
RE-ROOF Rep.WRep6cemenl Page 2 of 41
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1.1 SPECIAL GRANT CONDITIONS
A. Within thirty (30) calendar days of the execution of this agreement, the
SUBRECIPIENT must deliver to HHVS 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. Affirmative Action / Equal Opportunity Policy
3. Conflict of Interest Policy
4. Fraud Policy
5. Equal Opportunity Policy
6. Procurement Policy
7. Residential Anti - displacement and Relocation Policy
8. Sexual Harassment Policy
9. 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)
10. Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
1.2 PROJECT DETAILS
A. Project Description /Budget
Roof Re air/Re lacement
Federal Funds
Project Component One: Project Delivery: as referenced in the scope of
$20,000
services
Project Component Two: Roof Repair/Replacement for a minimum of
$220,000
22 Homes
Funding costs will include but not limited to the following expenses:
Fund the repair or replacement of a minimum of 22 roofs for low income
homeowners as referenced in the scope of services
Total:
$240,000
The Subrecipient will accomplish the following project tasks:
Project Tasks
1. Maintain and provide to the County resident income certification
documentation (Exhibit E)
2. Provide quarterly reports on progress and national objectives (Exhibit C and
D)
HAWTAT FOR HUMANITY
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3. Identify I.,ead Project Manager
4. Provide Specifications
5. Provide the exterior rehabilitation/replacement of roofs as approved by the
County and identired in this agreement
6. Comply with Davis Bacon Labor Standards if applicable
7. Provide Certified Payroll weekly throughout construction and rehabilitation
if applicable
8. Comply with Uniform Relocation Act (URA), if necessary
9. Ensure the five (5) year affordability /continued use period is met
10. Comply with Section 3 requirements
11. Comply with ERR requirements
12. Required attendance by Executive Management at quarterly partnership
meetings, as requested
B. National Objective
The CDBG pro,ram. funds awarded to Collier County must benefit low- moderate
income persons (LMI). As such, the SUBRECIPIENT shall be responsible for
ensuring that all activities and beneficiaries meet the definition of Low Mod Housing
(LMH).
C. Project Outcome
The SUBRECIPIENT will provide repair /replacement of a minimum of twenty -two
(22) roofs - or low income homeowners.
D. Perforrnance Deliverables
The Following Table Details the Project Deliverables
Program Deliverable
Deliverable Supporting
Documentation
Submission Schedule
Special Grant Condition Policies
(Section l .1)
Policies as stated in this
agreement
Within thirty (30) days of
Agreement Execution
Creation and maintenance of income
eligibility files on clients served
Exhibit E
Deliverable: Ongoing and to
be reviewed during
monitoring
This funding will benefit a minimLi n
of 22 homeowners
Exhibit C and D
?
Deliverable: Ongoing and
evidenced by quarterly report
and monitoring
HABITAT FOR 14UMANITV
CDBG C1114 -04
RE -ROOF Repair/Repiaccrocni Page 4 of 41
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Quarterly Progress Reports
Exhibit C & D
Quarterly through 9/2015 and
Payment —Su ortin Documents
Submission Schedule
annually thereafter until 2020
Financial and Compliance Audit
Exhibit F
Annually one hundred eighty
supporting documents must be
(180) days after FY end until
The SUBRECIPIENT will perform
provided as back up as evidenced
2020
Proof of Insurance
Insurance Certificate
Annually within 30 days of
eligible program beneficiaries to
checks /banking statements and
renewal until 2020
Program Income Re -Use Plan
Program Income Plan Document
Annually through 09/2020
Continued Use Certification
Continued Use Affidavit
Annuail until 2020
E. Payment Deliverables
The Following Table Details the Payment Deliverables
HABITAT FOR HUMANITY
L'DBG CDJ 4 -64
RE -ROOF Repairtileplacement Page 5 of 41
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PAYMENT DELIVERABLES
Payment Deliverable
Payment —Su ortin Documents
Submission Schedule
Project Component 1: Project
Staff administration to include
income qualification, submission of
Submission of monthly
invoices
Delivery
supporting documents must be
The SUBRECIPIENT will perform
provided as back up as evidenced
application intake to screen for
by timesheets, payroll, canceled
eligible program beneficiaries to
checks /banking statements and
include lien activities,
project activity logs
envrionmental, inspection and other
project compliance activities.
Final 10% ($2,000) released upon
Prospective applicants will be
documentation of completion of a
income qualified to ensure that they
minimum of 22 roofs
meet a CDBG National Objective.
repaired/replaced, and a lien upon
The SUBRECIPiENT will evaluate
each property for a minimum of 5
prospective applications based on
years, permit(s), and close out
criteria as described within the
CDBG application and CDBG
regulations, incorporated by
reference.
Project Component Two: Roof
Submission of supporting
documents must be provided as
Submission of monthly
invoices
Repair /Replacement Funding costs
will include but not limited to the
back up as evidenced by i.e. income
following expenses: Rehabilitate
certification, contractor invoice,
and /or replacement of a minimum of
proof of payment, bank statement,
twenty -two (22) roofs for low
canceled check(s), release of lien,
income homeowners. The project
certificate of occupancy, permit,
will ensure that the program
close and any additional documents
beneficiary's roofs will be brought
as needed
up to current roofing standards,
shingle wind warranty of at least 130
1 Final 10% ($22,000) released upon
HABITAT FOR HUMANITY
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mph, wind mitigation inspection, an
documentation /certification of
underlayment to protect the dwelling
completion, final waiver of lien and
from water intrusion, and all
a minimum of 22 households
necessary items installed related to
served, permit and close out
re-roofing/repair of the home.
1.3 TIME OF PERFORMANCE
Services of the Subrecipient shall start effective the date of the execution of this
agreement and shall end on September 30, 2015.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available TWO HUNDRED AND FORTY
THOUSAND DOLLARS AND NO CENTS ($240,000) for the use by the SUBRECIPIENT
during the Term of the Agreement (hereinafter, the aforestated amount including, without
limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to
the Agreement, shall be referred to as the "Funds ").
Modifications to the `Budget and Scope" may only be made if approved in
advance. Budgeted fund shifts between line items and project components shall not be more than
10% and does not signify a change in scope. Fund shifts that exceed 10% of a line item and a
project component shall only be made with board approval.
All improvements specified in Section 1. Scope of Work shall be performed by
SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure
acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into
contract for improvements with the lowest, responsive and qualified bidder. Contract
administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall
have access to all records and documents related to the project.
The County shall reimburse the SUBRECIPIENT for the perfonnance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by HHVS.
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for
eligible costs, and all disbursements requests must be limited to the amount needed at the tirne of
the request. Invoices for work performed are required every month. SUBRECIPIENT may
expend funds only for allowable costs resulting from obligations incurred during the term of this
agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not
yet prepared to send the required backup, a $0 invoice will be required. Explanations will be
required if two consecutive months of $0 invoices are submitted. Payments shall be made to the
SUBRECIPIENT when requested as work progresses but, not more frequently than once per
month. Reimbursement will not occur if Subrecipient fails to perform the minimum level of
service required by this agreement. Final invoices are due no later than 90 days after the end of
the agreement. Work performed during the term of the program but not invoiced within 90 days
without written authorization from the Grant Coordinator will not be reimbursed.
HABITAT FOR HUMANITY
CDBG CD14-04
RE -ROOF RepairlReplacentent Page 6 of 41
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The County Manager or designee may extend the teen of this Agreement for a period of up to
180 days. The extension must be authorized prior to the expiration of the agreement. The
extension must be authorized in writing by formal letter to the Subrecipient. No payment will be
made until approved by HHVS for grant compliance and adherence to any and all applicable
local, state or Federal requirements. Payment will be made upon receipt of a properly completed
invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local
Government Prompt Payment Act."
1.5 COST PRINCIPLES
Payments to the Grantee are governed by the Federal grants management rule for cost
allowability found at 24 CFR 85.22 (24 CFR 84.27 for nonprofit recipients). 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
Grantee can only incur direct costs that may be attributed specifically to the projects referenced
above. The Grantee must provide adequate documentation for validating costs incurred.
Payments to Grantee's contractors and vendors are conditioned upon compliance with the
procurement requirements provided for in 24 CFR 85.36 or 84.40 -48, as applicable. Allowable
costs incurred by the Grantee shall be in compliance with OMB Circular A -87 Cost Principles
for State, Local, and Indian Tribal Governments. Allowable costs incurred by nonprofit
recipients shall be in compliance with OMB Circular A -122 Cost Principles for Non - Profit
Organizations. Allowable costs incurred by procured private contractors shall be in
compliance with 48 CFR Part 31 Contract Cost Principles and Procedures. A
SUBRECIPIENT is not subject to 24 CFR Part 84 and 24 CFR Part 85, however the County is
Subject to 24 CFR Part 85 and may impose requirements upon the SUBRECIPIENT in order for
the County to remain compliant with its obligation to follow 24 CFR Part 85. The
SUBRECIPIENT 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 or the Admin Plan.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, 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: Rasa Munoz, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
mailto :RosaMunozfa�CollierRov.net
239 -252 -5713
HAQITA "r FOR HUMANITY
CDRG CD14 -04
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SUBRECIPIENT ATTENTION: Nick Kouloheras
Executive V.P, of Land Development
Habitat for Humanity of Collier County
11145 Tamiami Trail E.
Naples, FL 34113
239 - 775 -0036
nkouloheras!u?ht'hcol lier.com
PART II
GRANT CONTROL REQUIREMENTS
2.1 AUDITS
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At any time during normal business hours and as often as the COUNTY (and /or its
representatives) may deem necessary, the SUBRECIPIENT shall make available all records,
documentation and any other data relating to all matters covered by the Agreement for review,
inspection or audit.
Any deficiencies noted in audit reports must be fully cleared by the Grantee, Developer,
or Subrecipient within 30 days after receipt by the organization. Failure of the organization to
comply with the above audit requirements will constitute a violation of this contract and may
result in the withholding of future payments. The Subrecipient hereby agrees to have an annual
agency audit conducted in accordance with current Grantee policy concerning Subrecipient
audits and OMB Circular A -133.
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR
570.502 and 570.506 to determine compliance with the requirements of this Agreement, the
CDBG Program and all other applicable laws and regulations. This documentation shall include,
but not be limited to, the following:
A. All records required by CDBG 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
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HHVS. 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 shalt 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 HHVS
if requested. In any event the SUBRECIPIENT shall keep all documents and
records in an orderly fashion in a readily accessible, permanent and secured
location for three (3) years after the date of submission of the annual performance
and evaluation report, as prescribed in 24 CFR 91..520 with the following
exception: if any litigation, claim or audit is started before the expiration date of
the three (3) year period, the records will be maintained until all litigation, claim
or audit findings involving these records are resolved. The COUNTY shall be
informed in writing if an agency ceases to exist after closeout of this Agreement
of the address where the records are to be kept as outlined in 24 CFR 85.42. Meet
all requirements for retaining public records and transfer, at no cost, to COUNTY
all public records in possession of the SUBRECIPIENT upon termination of the
contract and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible
with the information technology systems of the public agency.
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 Worl,
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 HHVS
shall be the final arbiter on the SUBRECIPIENT's compliance.
G. The SUBRECIPIENT shall document how the National Objective(s) as defined in
24CFR 570.208 and the eligibility requirement(s) under which funding has been
received, have been met. These also include special requirements such as
necessary and appropriate detenninations as defined in 24 CFR 570.208, income
certification, and written Agreements with beneficiaries, where applicable.
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H. SUBRECIPIENT shall provide the public with access to public records on the
same to tins 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 F) to the COUNTY no Iater than one hundred eighty (180) days after the
SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and
programmatic review.
The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on -site
monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion,
a desk top review of the activities may be conducted in lieu of an on -site visit. The continuation
of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon
the request of HHVS, submit information and status reports required by HHVS or HUD to
enable HHVS to evaluate said progress and to allow for completion of reports required. The
SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site
visits may be scheduled or unscheduled as determined by HHVS or HUD.
The COUNTY will monitor the performance of the SUBRECIPIENT based on goals and
performance standards as stated with all other applicable federal, state and local laws,
regulations, and policies governing the funds provided under this contract. Substandard
performance as determined by the COUNTY will constitute noncompliance with this Agreement.
If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after
being notified by the COUNTY, contract suspension or termination procedures will be initiated.
SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General
Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records
related to performance of activities in this agreement.
2.4 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, Housing Human and Veteran
Services (HHVS) has adopted an escalation policy to ensure continued compliance by
Subrecipients, Developers, or any entity receiving grant funds from HHVS. HHVS's policy for
escalation for non - compliance is as follows:
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1. Initial non - compliance may result in Findings or Concerns being issued to the entity
and will require a corrective action plan be submitted to the Department within 1.5
days following the monitoring visit.
o Any pay requests that have been submitted to the Department for payment will be
held until the corrective action plan has been submitted.
o HHVS will be available to provide Technical Assistance (TA) to the entity as
needed in order to correct the non - compliance issue.
2. If in the case an Entity fails to submit the corrective action plan in a timely manner to
the Department, the Department may require a portion of the awarded grant amount
be returned to the Department.
o The County may require upwards of five percent (5 9/6) of the acquisition amount
be returned to the Department, at the discretion of the Board of County
Commissioners.
o The entity maybe considered in violation of Resolution No. 2013 -228
3. if in the case an Entity continues to fail to correct the outstanding issue or repeats an
issue that was previously corrected, and has been informed by the Department of their
substantial non - compliance by certified mail; the Department may require a portion
of the awarded grant amount or the amount of the CDBG investment for acquisition
of the properties conveyed, be returned to the Department.
o The Department may require upwards of ten pet-cent (10 %) of the acquisition
amount be returned to the Department, at the discretion of the Board of County
Commissioners.
o The entity will be considered in violation of Resolution No. 2013 -228
4. If in the case after repeated notification the Entity continues to be substantially non-
compliant, the Department may recommend the contract or award be terminated.
o The Department will make a recommendation to the Board of County
Commissioners to immediately terminate the agreement or contract. The Entity
will be required to repay 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.
o The entity will be considered in violation of Resolution No. 2013 -228
If in the case the Entity has multiple agreements ivith the Department and is found to be non-
compliant, the above sanctions may be imposed across all awards at the discretion of the Board
of County Commissioners.
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2.5 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 I 01 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 Exhibits "C and W. Exhibits "C and D" contain
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.
PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent
of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and
judgment.
3.2 GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of
Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG)) including subpart K of these regulations,
except that (1) the SUBRECIPIENT does not assume the recipient's environmental
responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the
recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52
and (3) SUBRECIPIENT is not required to follow federal procurement and (4) for
SUBRECIPIENT's revenue generated is not considered program income. The CDBG program
was funded through the Housing and Community Development Act of 1974. 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.
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3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner,
as creating or establishing the relationship of employer /employee between the parties. The
SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the
services to be performed under this Agreement. The Grantee shall be exempt from payment of all
Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers'
Compensation Insurance, as the SUBRECIPIENT is an independent contractor.
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 confonn 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.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from CDBG 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 CDBG funds pertaining to this Agreement.
In the event of curtailment or non - production of said federal funds, the financial sources
necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be
available. In that event, the COUNTY may terminate this Agreement, which termination 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. There are no funds being
granted in association with 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
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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 HOUSING, HUMAN AND VETERAN SERVICES
DEPARTMENT"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team as well as
Equal Housing Opportunity to the general public. Construction signs shall comply with
applicable COUNTY codes.
3.8 DEFAULTS, REMEDIES AND TERMINATION
In accordance with 24 CFR 85.43, this Agreement may also be terminated for
convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth
the reasons for such termination, the effective date, and, in the case of partial terminations, the
portion to be terminated. However, if in the case of a 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;
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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; or
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 CDBG
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;
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 and in addition to any and all other
remedies available to the COUNTY (whether under this Agreement or at law or in equity) the
SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of
termination (or expiration) and any accounts receivable attributable to the use of CDBG funds
per 24 CFR 570.503(b)(7).
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The COUNTY's receipt of any funds on hand at the time of termination shall not waive
the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of
the funds or property, as the COUNTY may deem necessary.
3.1.0 INSURANCE
SUBRECIPIENT shall not commence any work and /or services pursuant to this
Agreement until all insurance required as outlined in Exhibit "A" has been obtained, and
carried, at all times during its performance.
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 Grants and
Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments
(24 CFR Part 85), and the federal regulations for the Community Development Block Grants (24
CFR 570 et seq.).
3.12 PURCHASING
SUBRECIPIENT'S are required to follow Federal Procurement regulations and Collier
County's purchasing thresholds.
All purchasing for services and goods, including capital equipment, shall be made by
purchase order or by a written contract and in conformity with the thresholds of Collier County
Purchasing Policy.
Purchasine Threshold Policy
Dollar Range ($)
Quotes
Under $3K
I Written Quote
$3K to $50K
3 Written Quotes
Above $50K
Request for Proposal (RFP)
Invitation for Bid IFB)
3.13 PROGRAM - GENERATED INCOME
Any "Program Income" (as such term is defined under applicable Federal regulations)
gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the
COUNTY through an annual program income re -use plan, utilized by the SUBRECIPIENT and
shall be in compliance with 24 CFR 570.503(c) in the operation of the Program.
3.14 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout
requirements are completed. The County may close out the project with the SUBRECIPIENT
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after the five (5) year 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 IX.B.4, the SUBRECIPIENT shall comply with Section 119.021 Florida
Statutes regarding records maintenance, preservation and retention. A conflict between state and
federal law records retention requirements will result in the more stringent law being applied
such that the record must be held for the longer duration. Any balance of unobligated funds
which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess
of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this
Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and
information that complies with Section 215.97, Florida Single Audit Act.
3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBR.ECIPIENT 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
The SUBRECI..PIENT 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
At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement
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must be low- and moderate- income persons. if the project is located in an entitlement city, as
defined by HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the
beneficiaries directly assisted under this Agreement must reside in unincorporated Collier
County or in municipalities participating in the County's Urban County Qualification Program.
The project shall assist beneficiaries as defined above for the time period designated in Exhibits
"C and D" of this Agreement.
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 1I246 of September 24, 1966. The COUNTY shall
provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of
such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for
approval prior to the award of funds. The Affirmative Action will need to be updated throughout
the five year period and submitted to County within 30 days of update /modification.
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 570.611 "Conflict
of Interest ", and the State and County statutes, regulations, ordinance or resolutions governing
conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its
employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low and moderate -
income residents of the project target area.
The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval
prior to entering into any contract with an entity owned in whole or in part by a covered person
or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY
may review the proposed contract to ensure that the contractor is qualified and that the costs are
reasonable. Approval of an identity of interest contract will be in the COUNTY's sole
discretion. This provision is not intended to limit SUBRECIPIENT's ability to self - manage the
projects using its own employees. Any possible conflict of interest on the part of the
SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however,
that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the
statutory requirement that maximum opportunity be provided for employment of and
participation of low and moderate income residents of the project target area.
3.20 RELIGIOUS ORGANIZATIONS
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CDBG funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 570.2000). The
SUBRECI.PIENT 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 CDBG funds to support any
inherently religious activities, such as worship, religious instruction or proselytizing.
d. The funds shall not be used for the acquisition, construction or rehabilitation of
structures to the extent that those structures are used for inherently religious activities.
Where a structure is used for both eligible and inherently religious activities, CDBG
funds may not exceed the cost of those portions of the acquisition, construction or
rehabilitation that are attributable to eligible activities in accordance with the cost
accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels,
or other rooms that a CDBG funded religious congregation uses as its principal place
of worship, however, are ineligible for CDBG funded improvements.
3.21 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.
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PART fV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
http://www.law.coi-nelf.edLI/Ci't-/text/24/J),iii-570
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link:
httl)://www.ecfr.s,,ov/c�,)i-bin/text-
idx?c=ecfr& tp I =/ecfi-b rowsefri tie 24/24cfr5 8 main 02.tp1
4.3 Section 104(b) and Section 109 of Title 1 of the Housing and Community Development
Act of 1974 as amended
http•/ /portal hud gov /liuciportal /1-11JD'1src= /program offices /fair housing equal opp /FH
Laws /109
4.4 The Fair Housing Act (42 U.S.C. 3601 -20) Reasonable Accommodations Under the Fair
Housing Act. http: / /vnvw hud gov/ offices /fheo /libraryAi iddoistatement.i2df
E.O. 1 ] 063 — Equal Opportunity in Housing
http/ /portal hud �Yov /hudportal /1-iUD9src =/ program offices /fair housing equal onp /M
Laws /EXO 1 1063
E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs
http• /hvww archives gov /federal- reC7ister /codification /executive- order /l??59.)Zhnl
24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.0,
http://www.law.cornell.edu/cfr/text/24/pat-t-1 07
4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VII1 of the Civil Rights Act of
1968 as amended
http:/ /portal I1ud t,ov /hudpot-tal /H[JD?sre= /program offices /fair housint' equal onp /grog
desc /title8
4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063
which prohibits discrimination and promotes equal opportunity in housing.
http• // ww ,,L)o gov/fdsys/pkg/ CFR - 2007- title24- vol3 /pdf` /CFR- 2007- titie24 -vol3-
secS70- 602.pdf
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: littp• / /wN ,,�v eeoc eov /eeoc /Iiistory /35tH /tlielaw /eo -I 1246.html
EO 11375 and 12086: see item #8 below
4.8 Title V11 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
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advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it
is an Equal Opportunity or Affirmative Action employer.
http• / /wNww eeoc.Qov /laws /statutes /titlevii.efi-n
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 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 CDBG- funded project is located; where feasible, priority
should be given to low- and very low- income persons within the service area of the
project or the neighborhood in which the project is located, and to low- and very low -
income participants in other HUD programs; and award contracts for work undertaken in
connection with a housing rehabilitation (including reduction and abatement of lead -
based paint hazards), housing construction, or other public construction project to
business concerns that provide economic opportunities for low- and very low - income
persons residing within the metropolitan area in which the CDBG - funded project is
located; where feasible, priority should be given to business concerns that provide
economic opportunities to low- and very low - income residents within the service area or
the neighborhood in which the project is located, and to low- and very low- income
participants in other HUD programs.
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The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity
exists that would prevent compliance with these requirements. http / /ww�v,ecfr.r;ov/cgi-
bin/ texi- idx? c= ecfr& tpl= /ecfrbrowse /Title24 /24efr135 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/oasai-n/i-egS/StatL[teS/ate act.htm
11063:httn'/ /portal bud L,ov /liudLortal /I- IUD ?src = /program off ices /fair housimy equal o
pp /FHLaws /EXO 1 1063
11 246: htt13: / /www.eeoc.aov /eeoc /history /35th /thclaw /eo -i 1246.html
11375: Amended by EO 11478
11478: http•//www archives gov/ federal- register /codification /executive- order /1 1478.1itml
12107: http• / /�vww archives aov/ federal - register /codification /executive - order /12107.lit.ml
12086: littp•//www archives , ov /federal- reaist.er/ codification /executive- ardet- /12086,html
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327 -332.
httP : / /usace,enaineerin�Tpalnnplets2 tpub com /EP- 1180 -1- I /EP- 1180- 1- 10012.htm
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614
Subpart K.
Section 504: http: // www. epa.gov /civilri�lhts /sec504.htm
29 USC 776: http: // Iaw .onecle.com /uscocle/'29 /776.litmi
24 CFR 570. 614: http• //NN7m,w.law.cornell.edu /cfr /text/24/570.614
4.13 The Americans with Disabilities Act of 1990
http: / /w,,\lw.fliwa.clot. Lyov /real estate /ua /i nclex.lit m
4.14 Unifonn Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended. http: / /www.fliwa. dot .aov /realestate /ua /index.11ttn
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 CDBG. (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 by Loans or Grants from the United States -
http: / /wwNv.IaNv.cornell.edu /cfr /text/29 /path -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)
litti)://www.law.coi-iiell.eC]LI/Cf'r/text/29/pALt-5
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Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects. htt is / /www.presidencN/ ucsb edu /ws /index.php ?pid =2 )675
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 littp• / /wwvv mbd t.gov /nocie /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
570.607, as revised by Executive Order 13279. The applicable non - discrimination
provisions in Section 109 of the HCDA are still applicable.
24 CFR 570.607: http: /hvw,w gpo gov /fcisys /al« /CFR - 2010- title24- vol3 /1)df /CFR -2010-
title24- vol')-sec570- 608.pdf
E.0.13279: http• / /fedgovcontracts .corn/pe02- 192.htm
4.18 Public Law 100 -430 - the Fair Housing Amendments Act of 1 988.
htip://www.iicbi.nii-n.nili.gov/L)Ltbiiied/12289709
4.19 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Non -Profit Organizations and
specified by the following subsections: littp://www.law.coriiell.edu/cfr/text/24/part-84
Subpart A — General;
Subpart B — Pre -Award Requirements, except for 84.12, Forms for Applying for
Federal Assistance;
Subpart C — Post -Award Requirements, except for:
• Section 84.22, Payment Requirements- Grantees shall follow the standards of
85.20(b)(7) and 85.21 in making payments to SUBRECIPIENT's;
• Section 84.23, Cost Sharing and Matching;
• Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENT's
shall follow 570.504;
• Section 84.25, Revision of Budget and Program Plans;
• Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENT's
shall follow 570.505;
• Section 84.34(g), Equipment — In lieu of the disposition provisions of 84.34(g)
the following applies:
■ In all cases in which equipment is sold, the proceeds shall be program
income (pro -rated to reflect the extent to which CDBG funds were
used to acquire the equipment); and
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■ Equipment not needed by the SUBRECIPIENT for CDBG activities
shall be transferred to the recipient for the CDBG program or shall be
retained after compensating the recipient;
o Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program
Performance;
o Section 84.52, Financial Reporting;
o Section 84.53(b), Retention and Access Requirements for Records. Section
84.53(b) applies with the following exceptions:
• The retention period referenced in 84.53(b) pertaining to individual
CDBG activities shall be three years; and
• The retention period starts from the date of submission of the annual
performance and evaluation report, as prescribed in 24 CFR 91.520, in
which the specific activity is reported on for the final time rather than
from the date of submission of the final expenditure report for the
award;
o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG
SUBRECIPIENT's shall comply with 570.503(b)(7); and
Subpart D — After -the -Award Requirements — except for 84.7 1, Closeout Procedures
4.20 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local
Governments shall be followed for sub recipients that are governmental entities.
http://www.ecfi•.gov/cgi- bin /text-
idx? c.= ecfrK tpl=/ eefrbrowse /Title24 /24cfr85_main_02.tu1
4.21 immigration Reform and Control Act of 1986
l ittp: Hw\�l� \..eeoc.(,Yov /eeoc /iiistory /35tH /tlielaw /ii- ca.litiii i
4.22 Prohibition Of Gifts To County Employees - No organization or individual shall offer or
give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part 111, Florida Statutes, Collier
County Ethics Ordinance No. 2004 -05, as amended, and County Administrative
Procedure 5311. Florida Statutes -
http: / /www.lawserver.com/ law / state /floricia /statutes /florida statutes chapter 112 part iii
Collier County -
http: / /bccsp0l /SiteDirectory /AS D/H R/ labor /CMAs/ Shared %20Documents /C. MA %20531
1. l %20Standards %20of. /o2OConduct.pdf
4.23 Order of Precedence - In the event of any conflict between or among the terms of any of
the Contract Documents, the terms of the Agreement shall take precedence over the terms
of all other Contract Documents, except the terms of any Supplemental Conditions shall
take precedence over the Agreement. To the extent any conflict in the terms of the
Contract Documents cannot be resolved by application of the Supplemental Conditions, if
any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
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4.24 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).
4.25 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith
effort to resolve any such disputes by negotiation. Any situations when negotiations,
litigation and /or mediation shall be attended by representatives of SUBRECIPIENT with
full decision - making authority and by COUNTY'S staff person who would make the
presentation of any settlement reached during negotiations to COUNTY for approval.
Failing resolution, and prior to the commencement of depositions in any litigation
between the parties arising out of this Agreement, the parties shall attempt to resolve the
dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the
State of Florida. Should either party fail to submit to mediation as required hereunder,
the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if
in state court and the US District Court, 20"' 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.
littp:H/ N,Nvw.tlsenate.gov /Laws /Statutes /2010/44.102
4.26 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. littL)://www.la\v,eoi-iiell.edLi/uscode/text/42/74-01
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
http-,//www.law.corneI].eclu/tiscode/text/33/chapter-26
4.27 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for
activities located in an area identified by FEMA as having special flood hazards, flood
insurance under the National Flood Insurance Program is obtained and maintained. If
appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which
would satisfy this requirement and /or reduce the cost of said flood insurance.
http: / /\v ww,ecfr.gov/cL;i- bin /text-
idx ?c =ecfr& SID= eba4Obdb52822d8O827a48beed5bOb56 &rtJn =div8 &view= text &node =2
4:3.1,1.3.4.1 1.1.6 &idno =24
4.28 The SUBRECIPIENT agrees that any construction or rehabilitation of residential
structures with assistance provided under this contract shall be subject to HUD Lead -
Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K.
http://www.eef'r.gov/cai- bin /text-
idx?c =ecfi-& SID= eba4Obdb.52822d8O827a48bced5 bOb56 &r�,,n= div8 &v iew= text &node =2
4:3.1.13.4.1 l . L9 &idno =24
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4.29 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set
forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and
the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation
Procedures for Protection of Historic Properties, insofar as they apply to the performance
of this agreement,
http' / /�'+w� ��'•tms.7ov /histo� /local- law /nhpa l 966.htm
littp: / /v\,ww.ecfr.��,ov /cgi- bin /te:xt-
idx? c= ecfi-& tpl= /ecl'rbrovvse /Title36 /36efi•800 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• / /wnvw np5 gov /Ilistory /local- la%v /nhpa 1966.htm
4.30 The SUBRECIPIENT must certify that it will provide drug -free workplaces in
accordance with the Drug -Free Workplace Act of 1988 {41 USC 701).
http• / /us- codev[ex coin /vid /cirug- free- woi-knlac.e- requit-emetits- contractors - 19242870
4.31 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal Department or agency; and, that the
SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered
transaction, with a person who is similarly debarred or suspended from participating in
this covered transaction as outlined in 24 CFR 570.609, Subpart K.
http: / /wwvw.ecfr.lov /cgi- bin /tcxt-
idx ?c =ecfi•& SID= eba4Obdb52822d80827a48bced5bOb56 &r� =n =div8 &view = text &node =2
4: 3.1.1.3.4.1 1.1.10& i d n o =24
4.32 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is
applicable, and agrees to adhere to the accounting principles and procedures required
therein, utilize adequate internal controls, and maintain necessary source documentation
for all costs incurred.
States local governments. and Indian Tribes follow:
• A -87 for Cost Principles
• A -102 for Administrative Requirements
Educational institutions (even if part of a State or local government) follow:
• A -21 for Cost Principles
• A -110 for Administrative Requirements
Non - Profit Organizations follow:
• A -122 for Cost Principles
• A -I 10 for Administrative Requirements
OMB Circular A87: http://Nkwvw.whitehouse.gov/oi-nb/circulai-s aO87 2004/
OMB Circular A]02:httL / /www.wliiteliouse..i�)ov /omb /circulars aIO2/
OMB Circular A2I:Ilttp• / /v {ww whitehouse.gov /omb /circulars a021 2004/
OMB Circular Al I0:http: / /www.whitehouse,Lov /omb /circulars al 10/
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OMB Circular A122: http:HNkNvw.wliiteliouse.«ov /onib /circulars a 122 20041
4.33 Audits shall be conducted annually and shall be submitted to the COUNTY one hundred
eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The
SUBRECIPIENT shall comply with the requirements and standards of OMB A -133,
Audits of States, Local Governments, and Non - Profit Organizations. if this Agreement is
closed out prior to the receipt of an audit report, the COUNTY reserves the right to
recover any disallowed costs identified in an audit after such closeout.
http: / /www.xvliiiehouse.gov /ornb /circulars /al33 compliance supplement 2011
Clarification of Eligible Audit Costs
The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the
cost certification of costs perfon-ned by a certified public accountant. This has always
been an eligible cost; the amendment clarifies and codifies this.
lii.tk)://www.law.coi-iiell.edL[/Cfi-/text/24/92,206
4.34 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the
projects stated herein, and approved by the COUNTY in accordance with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR
24.101, shall be subject to the provisions of CDBG including, but not limited to, the
provisions on use and disposition of property. Any real property within the
SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG
funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505.
http: / /Nvww.fhwa. dot. tyov /realestate /ua /index.litm
http://w\vw,la\N,.coriiell.edu/cfr/text/49/24.1 01
http: / /cfr.v lex.com /vid /570 -505- use- real- prolerty- 19928754
4.35 As provided in § 287.133, Florida Statutes by entering into this Agreement or performing
any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates,
suppliers, subcontractors and consultants who will perform hereunder, have not been
placed on the convicted vendor list maintained by the State of Florida Department of
Management Services within the 36 months immediately preceding the date hereof. This
notice is required by § 287.133 (3) (a), Florida Statutes.
http: / /wNvw.Iawsei-ver.com /law /state /florida /statutes /florida statutes 287 -133
4.36 No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
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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
SUBRECIPIENT's shall certify and disclose accordingly.
4.37 Travel reimbursement will be based on the U.S. General Services Administration (GSA)
per diem rates in effect at the time of travel.
4.38 Any rule or regulation determined to be applicable by HUD.
4.39 Florida Statutes 713.20, Part 1, Construction Liens
littp: / /www.Iea.state.fl.tis/ Statutes /index.cfii?App mode = Display Statute&URL=0700-
0799/07 1 3 /0713. htm i
4.40 Florida Statutes 119.021 Records Retention
http: //w ww,laNwsel-vcr.com /law /state /florida /statutes /florida statutes 1 19 -021
4.41 Florida Statutes, 119.071, Contracts and Public Records
http: /hwlww.leg.state.fl.us /Statutes /index.cfm ?App mode = Display_ Statute &URL 0100 -
0199/0119/Sections/0 I 19.07.1itm1
(Signature Page to Follow)
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IN WITNESS WHEREOF, the SUBRECIPIENT and the County, have each,
respectively, by an authorized person or agent, hereunder set their hands and seals on the date
first written above.
ATTFST: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E, BROCK, CLERK COLLIER COUNTY, FLORIDA
Deputy Clerk TOM HENNING, CHAIRMAN
HABITAT FOR HUMANITY OF COLLIER
COUNTY, INC.
(SEAL)
By.
Nick Koulolieras, V-1). of Land Development
�A 411 t
Name and 'title
tit Iriess
11 1 CSS
RATORE
Name and Title
Approved as to form and legality:
Jennifler A. Belpedio IV
Assistant Count- 11
Attorney \
L
11ABITAT FOR 11UNIANITY
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PART V
EXHIBITS
EXHIBIT "A"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran
Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of
Insurance evidencing insurance coverage that meets the requirements as outlined below:
I . Workers' Compensation as required by Chapter 440, Florida Statutes.
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 I — 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 I — 4 above, the SUBRECIPEINT shall provide or
cause its Subcontractors to provide original certificates indicating the following types of
insurance coverage prior to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount
not less than one hundred (100 %) percent of the insurable value of the building(s)
HABITAT FOR HUMANITY
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or structure(s). The policy shall be in the name of Collier County and the
S U BRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973
(42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in
an area identified by the Federal Emergency Management Agency (FEMA) as
having special flood hazards, flood insurance under the National Flood Insurance
Program is obtained and maintained as a condition of financial assistance for
acquisition or construction purposes (including rehabilitation).
OPERATION/MANAGEMENT PI-LASE (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.
HABITAT FOR HUMANITY
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EXHIBIT "B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Sub recipient Name: Habitat for Humanity of Collier County, Inc.
Sub recipient Mailing Address: 11 145 Tamiami Trail E, Naples, FL 34113
Project Name: Re- Roofing Project
Agreement No: CD 14-04 Payment Request #
Total Payment Minus Retainage: $
Period of Availability: — through
Period for which Agency has incurred indebtedness: through
7, Current Grant Balance (Initial Grant Amount
Awarded Less Sum of all requests)
I certify that this request for payment has been drawn in accordance with the terms and
conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best
of my knowledge and belief, all grant requirements have been followed.
Signature
Title
Grant Coordinator
Supervisor
Dept Director
Date
Grant Accountant
(approval required $15,000 and above)
(approval required $15,000 and above)
HABITAT FOR HUMANITY
CDBG CD14 -04
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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.
10% Retainage Amount Withheld
7, Current Grant Balance (Initial Grant Amount
Awarded Less Sum of all requests)
I certify that this request for payment has been drawn in accordance with the terms and
conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best
of my knowledge and belief, all grant requirements have been followed.
Signature
Title
Grant Coordinator
Supervisor
Dept Director
Date
Grant Accountant
(approval required $15,000 and above)
(approval required $15,000 and above)
HABITAT FOR HUMANITY
CDBG CD14 -04
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EXHIBIT "C"
REPORTING SCHEDULE
9/23/2014 16.D.1.
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 1"— December 3151
January 100'
Januar y 3 l 5` — March 31st
Ari l 10 '
April V" —June 30'
July10`
Jul I" — September 30"
October 10`'
Date Submitted:
Activity Reporting Period:
Contact Person:
Telephone:
SUBRECIPIENT AGREEMENT
ROOF REPLACEMENT PROJECT
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?
HABITAT FOR HUMANITY
CDBG CD14-04
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3. Obstacles — describe any potential obstacles, challenges, or issues that may cause delay.
ACTIVI'T'Y 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
White
No. Projects Complete
No. Properties Demolished
No. Properties Sold
Asian
TOTAL
HOUSEHOLD INFORMATION
Complete these tables for those properties sold during this reporting period.
Household Data
..:::This :Re ortin `Period
No. Extremely-Low Income Households (0 -30% AMI)
White
No. Very-Low Income Households (31 -50% AMI)
No. Low - Income Households (51 -80% AMI)
No. Moderate - Income Households (81-120% AMI)
Asian
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
HABITAT FOR HUMANITY
CDBG CD14 -04
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EXHIBIT "D"
QUARTERLY PERFORMANCE REPORT DATA
G_FNEIZ_ AL
9/23/2014 16.D.1.
Grantee is required to submit to HUD, through the Integrated Disbursement and Information
System ( "IDIS ") Performance Reports, The County rcports information on a quarterly basis. To
facilitate in the preparation of such reports, Subrecipient shall submit the information contained
herein within ten (10) days of the end of each calendar quarter.
QUARTERLY PROGRESS REPORT
Sub - recipients: Please fill in the following shaded areas of the report
Agency Name:
Project Title: CC!BG_ en l�ooi�ng'PiofeGt
Program Contact: Nick ICtiulgleras r s
1W
Telephone Number. 239775 00.36
Alternate xU Y {
Contactt?htaGbil ,
'REPORT FOR QUARTER ENDING: (check one that applies to the .
corresponding grant period): ❑ 12!31114 ;;p3130715 ;006130115 '�,{ 09/30115
Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date.
0
.. .,,. .... ..: ... .. r 'n. 1
Please. l(st the outcome goals) from your approved application &sub_ recipfehf agreement and indlcaie your progress in 3neettng,
!hose goals since the begihning of the 'agreementJ `
B. Goal Progress: Indicate the progress to date in meeting each outcome goal.
I AHITAT POR HUMANITY
CDHG C:D144u4
R( -ROOT Repair/Replacement
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2.
3.
Is this project still in compliance with the original project schedule? If more than 2 months behind schedule, must submit a new
timeline for approval.
Yes No
It no, explain:
Since agreement execution, of the persons assisted, how many....
a. ...now have new access (continuing) to this service or benefit? 'Or!
b. ...now has improved access to this service or benefit? 0i'f
C. ... now receive a service or benefit that is no longer substandard?
4.
What funding sources are applied for this
period 1 program +ear?
Section 108 Loan Guarantee
HOPWA
'-
Other Consolidated Plan Funds
CDBG
Other Federal Funds
ESG
r
State / Local Funds
HOME
Total
$
Entitlement
$
Total Other Funds
Funds
HABITAT FOR HUMANrry
CDBG CD 14-04
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5.
What Is the total number of UNDUPLICATED clients served this quarter, if applicable?
O.:,tl'::Homeless
a.
Total No. of adult females served;
0 ::
'...Total No. of females served under 18;
Persons wl HIV/AIDS
b.
Total No. of adult males served:
0
Totai No. of mates served under 18:
0
Mentally ill
TOTAL:
0
TOTAL:
0
C.
Total No, of families served:
U :.::'c::Total
No. of female head of household:
s,
What is the total number of UNDUPLICATED clients sery ed s-mce 0etober, if applicable?
a.
Total number of adult females served
D :"
Total number of females served under 18:
O -
b.
Total number of adult males served:
0. `:'
':.Total number of mates served under 18:
TOTAL:
0
TOTAL:
0
C. Total No, of families served: rTotal No. of female head of household: ; ;;0
Complete EITHER question #7 OR #8. Complete question #7 If your program only serves clients In one or more of the listed HUD Presumed
Benefit categories. Complete question #8 if any client in your program does not fall into a Presumed Benefit category.
DO NOT COMPLETE BOTH QUESTION 7 AND S.
7, 1PRESUMED BENEFICIARY DATA: 7.7,77 ' ' '8 OTHE KBE NEFICIARYIDATA., INCOME RANGE
Indicate the total number of UNDL�PtJCATFD
persons served since October 1 who fall into Indicate the total number of 111VO"PLICATEO persons
each presumed benefit category (the total served since October 1 who fall into each income
should equal the total in question #6) : category (the total should equal the total in question *6):
Report as:
' 0.;p`::
::',Abused Children
O.:,tl'::Homeless
Person
0..
'.,Battered Spouses
American Indian /Alaska Native
Persons wl HIV/AIDS
U
Elderly Persons
0
Veterans
0
Mentally ill
t)...
::.';iPhysically Disabled Adults
O
:_!' Other -Youth
Report as:
Extremely low Income (0 -30 %)
0,'..' :Low Income (31 -50 %)
0„ .;::Moderate Income (51 -80 %)
?0 ` Above Moderate Income ( >80 %)
TOTAL: 0 TOTAL: 0
9. Raciat , Ethnic Data:. :' Qfapplicable
Please indicate how many UNDUPLICATED clients served since October fall Into each race category. In addition
to each race category, please Indicate how many persons in each race category consider themselves Hispanic
(Total Race column should equal the total cell).
RAC E ETHNICITY
White.,:..
of whom, how many are Hispanic?
Black/African American
0 .:`
Asian
0
American Indian /Alaska Native
0
Native Hawaiian/Other Pacific Islander
0
American Indian /Alaskan Native & White
0 Zf: `
Black/African American & White
0
Am. Indian/Alaska Native & Black/African Am.
of whom, how many are Hispanic?
Other Multi - racial
0%1.::
Other
0
TOTAL:
0
Name:
Title:
HABITAT FOR HtiMANITY
CDBC CD14-04
RE -ROOF Repair /Replacement Page 37 of 41
Signature:
Your typed name here represents your a ec romc
signature
Packet Page -2268- ( i
of whom, how many are Hispanic?
of whom, how many are Hispanic?
of whom, how many are Hispanic?
of whom, how many are Hispanic?
of whom, how many are Hispanic?
0
; of whom, how many are Hispanic?
of whom, how many are Hispanic?
of whom, how many are Hispanic?
of whom, how many are Hispanic?
of whom, how many are Hispanic?
0
TOTAL HISPANIC
HABITAT FOR HtiMANITY
CDBC CD14-04
RE -ROOF Repair /Replacement Page 37 of 41
Signature:
Your typed name here represents your a ec romc
signature
Packet Page -2268- ( i
EXHIBIT "E"
INCOME CERTIFICATION
INSTRUCTIONS
9/23/2014 16.D.1.
Complete form, and retain appropriate supporting documentation, prior to providing CDBG
assistance to an eligible beneficiary. Please file in your organization's records and have on hand
for future monitoring visits.
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)
iiABrrA'r FOR HUMAN [TY
CDBC; CD14 -04
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C. Anticipated Annual Income: Includes Unearned Income and Support Paid on
Behalf of Minors
Member
Wages /
Benefits /
Public
Other
Salaries
Pensions
Assistance
Income
(include tips,
commissions,
Asset
bonuses, and
Income
overtime
)
(Enter the
I
greater of
2
box 13(b) or
box B(c),
3
4
above, in
5
box C(e)
6
below)
7
8
(a)
(b)
(c)
(d)
(e)
Totals
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. I /we have provided, for each person set forth in Item A, acceptable
verification of current and anticipated annual income. I /we 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
Signature of Spouse or Co -Head of Household
Date
Date
Adult Household Member (if applicable) Date
Adult Household Member (if applicable)
HABITAT FOR HUMANITY
CDBG CDI4 -04
RE -ROOF Repair/Replacement Page 39 of 41
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Date
9/23/2014 16.D.1.
L. CDBG 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 CDBG Program. The family or individual(s) constitute(s) a:
Very -Low Income (VLI) 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 $ ).
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 $ }.
Moderate - Income (MOD) Household means and individual or family whose
annual income does not exceed 80 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 CDBG Administrator or His /Her Designated Representative:
Signature Date
Printed Name Title
F. Household Data
Number of Persons
By Race / Ethnicity
By Age
Native
American
Hawaiian or
Oth
0— 26—
41 —
Indian
Asian
Black
Other Pac.
White
er
25 40
6I 62+
Islander
Hispanic
Non -
His panic
NOTE: Information concerning the rate or ethnicity of the occupants is being gathered.for statistical use only. No beneficia/y 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 to the CDBG program.
HABITAT FOR HUMANITY
CDBG CD14 -04
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9/23/2014 16.D.1.
EXHIBIT "F"
ANNUAL AUDIT MONITORING REPORT
OMB Circular A -133 Audits of States, Local Governments, and Non -Profit Organizations requires the Collier
County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards
and determine whether they have met the audit requirements of the circular and whether they are in
compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the
following, provide all appropriate documentation regarding your organization's compliance with the audit
requirements, sign and date this form.
Subrecipient Name
Fiscal Year
Period
Total State Financial Assistance Expended during
$
most recent) completed Fiscal Year
Total Federal Financial Assistance Expended during most
$
-recently completed Fiscal Year
Check Appropriate Boxes
We have exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending
❑
as indicated above and have completed our Circular A -133 audit. A copy of the audit report
and management letter is attached.
We exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending as
❑
indicated above and expect to complete our Circular A -133 audit by . Within
30 days of completion of the A -133 audit, we will provide a copy of the audit report and
mana ement letter.
❑
We are not subject to the requirements of OMB Circular A -133 because we:
❑ Did not exceed the $500,000 federal /state expenditure threshold for the fiscal year
indicated above
❑ Are exempt for other reasons — explain
An audited financial statement �s attached and if applicable, the independent auditor's
management letter.
to iinurn s were noteu, piease enclose a copy or ine responses ana corrective action plan.)
Certification Statement
I hereby certify that the above information is true and accurate.
Signature I Date
Print Name and Title
This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements.
HABITAT FOR HUMANITY
CUBC CU14 -04
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Grant # - B- 14- UC- 12- 001.Gu+ Y -��-
CFDA/CSFA# - 14.218
Subrecipient — Legal Aid Service of
Collier Count), Agreement #CDI4 -06PS
DUNS # - 844481478
IDIS #485
FEID # - 59- 1547191
Fiscal Year End: 12/3).
Monitor End: 09/2015
AGREEMENT BETWEEN COLLIER COUNTY
AND
LEGAL AIT) SERVICE OF COLLIER COUN'T'Y
THIS AGREEMENT is made and entered into this day of , 201.4, by and
between Collier County, a political subdivision of the State of Florida, ( "COUNTY" or
"Grantee ") having its principal address as 3339 F. Tamiami Trail, Naples FI., 34112, and the
"Legal Aid Service of Broward County, Inc. d /b /a Legal Aid Service of Collier County ", a
private not - for - profit corporation existing under the laws of the State of Florida ( "Subrecipient "),
having its principal office at 4125 East Tarniami Trail, Naples, FL 341.12.
WHEREAS, the County has entered into an agreement with the United States
Department of Housing and Urban Development (HUD) for a grant for the execution and
implementation of a Community Development Block Grant Program in certain areas of Collier
County, pursuant to Title I of the Housing and Community Development Act of 1974 (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 2014 -2015 for
the CDBG Program with Resolution 2014 -1.29 on June 24, 2014 . — Agenda Item 1.6D8; and
WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier
County CDBG program; and
WHEREAS, the County and Subrecipient wish to set forth the responsibilities and
obligations of each in undertaking the CDBG LEGAL SUPPORT PROJECT; and
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is
agreed by the Parties as follows:
Legal Aid of Collier County cmG
cnl4 -uta's
PU15LII, NH?VIUL_S
LEGAL SERVICES TO %ICTINIS Page I of 40
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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 CDBG assistance, as determined by Collier
County Housing, Human and Veteran Services (HHVS), to perform the tasks necessary to
conduct the program as follows:
SCOPE OF SERVICES
FY2014 -2015 Action PIan identified and approved the Public Services Project to Legal
Aid Service of Collier County as follows:
Proiect Component One: Funding costs will include but not limited to the following
expenses: Fund 1. Full Time (FT) Attorney, 1 Part Time (PT) Attorney, and 1 Full Time
(FT) Paralegal to provide legal services to victims of domestic violence, sexual assault,
dating violence, repeat violence, child abuse, elder abuse, and other abuses. An outreach
component that will promote community safety through education and public outreach
events and seminars in Collier County.
Items identified for funding are outlined in the PROJECT DETAILS in Sectionl.2.
1.1 SPECIAL GRANT CONDITIONS
A. Within thirty (30) calendar days of the execution of this agreement, the Subrecipient
must deliver to HHVS 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. Affinnative Fair Housing Policy -N /A
2. Affirmative Action/ Equal Opportunity Policy
3. Conflict of Interest Policy
4. Fraud Policy
5. Equal Opportunity Policy
6. Procurement Policy -N /A
7. Residential Anti - displacement and Relocation Policy -N /A
8. Sexual Harassment Policy
Legal Aid of Collier County CDBG
CD14 -061'S
PUBLIC SERVICES
LEGAL SERVICES TO VICTIMS Page 2 of 40
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9. 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) -N /A
10. Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, m amended (29 U.S.C. 794)
1.2 P> OSECT DETAILS
A. Project Description/Budget
Public Services
Federal Funds
_
Project Corrrnonerd Otte: Funding costs will include but not limited to
$72,100
the following expenses: I FT Attorney, I PT Attorney, and 1 FT
Paralegal to provide legal services to viclints of domestic violence,
sexual assault, dating violence, repeat violence, child 1buse, elder abuse,
and other abuses, An outreach component that will promote community
safety through education and public outreach events and seminars
throughout Collier County.
Total:
$72,100
The Subrecipient will accomplish the following project tasks:
Project Tasks
1. Maintain and provide to the County resident income certification
documentation (Exhibit F.,)
2. Provide quarterly reports on progress and national objectives
3. Client Qualifier list with unique identifier evidencing 166 served
4. Provide copy of outreach materials and schedule /agencia for seminars /events
5. Required attendance by Executive Management at quarterly partnership
meetings, as requested
B. National Objective
The CDBG program funds awarded to Collier County mustt benefit low - moderate
income persons (LMI). As such the Subrecipient shall be responsible for ensuring that
all activities and beneficiaries meet the definition of Low Mod Clientele (LMC) or
presumed Low Mod Clientele (LMC).
C. Project Outcome
The Subrecipient will provide legal services to a minimum of (166) victims of
domestic violence and other abuses,
Legal Aid of Collier CountyCDnG
CD14 -06I'S
PtinLIC SERVICES
LEGAL SERVICES T(/ VICTIMS Page 3 of 40
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D. Performance Deliverables
The Following Table Details the Project Deliverables
Program Deliverable
Deliverable Supporting
Submission Schedule
Submission Schedule
Documentation
Documents
Special Grant Condition Policies
Policies as stated in this
Within thirty (30) days of
(Section 1.1)
agreement
Agreement Execution
Creation and maintenance of income
Exhibit E
Deliverable: Ongoing and to
eligibility or presumed eligibility files
Attorney, 1 PT Attorney, and 1 FT
be reviewed during
on clients served
Paralegal to provide legal services
monitoring
This funding will benefit a minimum
Exhibit C & D
Deliverable: Ongoing and
of 166 low - moderate income
sexual assault, dating violence,
evidenced by quarterly report
individuals in Collier_County
repeat violence, child abuse, elder
and monitoring
Quarterly Progress Reports
Exhibit C & D
Quarterly through 9/2015
Financial and Compliance Audit
Exhibit F
Annually one hundred eighty
180 days after FY end
Proof of Insurance
Insurance Certificate
Annually within 30 days of
education and public outreach
renewal
Program Income Re -Use Plan
Program Income Plan Document
Annually through 09/2015
E. Payment Deliverables
The Following Table Details the Payment Deliverables
PAYMEW DELIVERABLES
Payment Deliverable
Payment — Supporting
Submission Schedule
Documents
Project Component One: Funding
Submission of supporting
Submission of monthly
costs will include but not limited to
documents must be provided as
invoices- Exhibit B
the following expenses: 1 FT
back up as evidenced by i.e. time
Attorney, 1 PT Attorney, and 1 FT
sheets, payroll registers, banking
Paralegal to provide legal services
documents, and any additional
to victims of domestic violence,
documents as needed
sexual assault, dating violence,
repeat violence, child abuse, elder
Final 10% ($7,210) released upon
abuse, and other abuses. An
documentation of a minimum of
outreach component that will
166 persons served and evidence
of 2 outreach seminar /events
promote community safety through
education and public outreach
Legal Aid of Collier County CnBG
CD14 -06PS
PUBLIC SERVICES
LEGAL SERVICES TO VICTIMS Page 4 of 40
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9/23/2014 16.D.1.
events and seminars.
1.3 TIME OF PERFORMANCE
Services of the Subrecipient shall start February 1, 2015 and shall end on September 30,
2015.
1.4 AGREEMENT AMOUNT
The Subrecipient is awarded a total of SEVENTY TWO THOUSAND ONE
HUNDRED DOLLARS AND NO CENTS ($72,100.00) 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.
Budgeted fund shifts between line items and project components shall not be more than 10% and
does not signify a change in scope. Fund shifts that exceed 10% of a line item and a project
component shall only be made with board approval.
All improvements specified in Section I. Scope of Work shall be performed by
SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure
acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into
contract for improvements with the lowest, responsive and qualified bidder. Contract
administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall
have access to all records and documents related to the project.
The County shall reirnburse the SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks and deliverables as accepted and approved by
HHVS. SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed
for eligible costs, and all disbursements requests must be limited to the amount needed at the
time of the request. Invoices for work performed are required every month. SUBRECIPIENT
may expend funds only for allowable costs resulting from obligations incurred during the terin of
this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is
not yet prepared to send the required backup, a $0 invoice will be required. Explanations will be
required if two consecutive months of $0 invoices are submitted. Payments shall be made to the
SUBRECIPIENT when requested as work progresses but, not more frequently than once per
month. Reimbursement will not occur if Subrecipient fails to perform the minimum level of
service required by this agreement. Final invoices are due no later than 90 days after the end of
the agreement. Work performed during the term of the program but not invoiced within 90 days
without written authorization from the Grant Coordinator will not be reimbursed. The County
Manager or designee may extend the term of this Agreement for a period of up to 180 days. The
extension must be authorized prior to the expiration of the agreement. The extension must be
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authorized in writing by formal letter to the Subrecipient. No payment will be made until
approved by HHVS for grant compliance and adherence to any and all applicable local, state or
Federal requirements. Payment will be made upon receipt of a properly completed invoice and in
compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt
Payment Act."
1.5 COST PRINCIPLES
Payments to the Grantee are governed by the Federal grants management rule for cost
allowability found at 24 CFR 85.22 (24 CFR 84.27 for nonprofit recipients). 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
Grantee can only incur direct costs that may be attributed specifically to the projects referenced
above. The Grantee must provide adequate documentation for validating costs incurred.
Payments to Grantee's contractors and vendors are conditioned upon compliance with the
procurement requirements provided for in 24 CFR 85.36 or 84.40 -48, as applicable. Allowable
costs incurred by the Grantee shall be in compliance with OMB Circular A -87 Cost Principles
for State, Local, and Indian Tribal Governments. Allowable costs incurred by nonprofit
recipients shall be in compliance with OMB Circular A -122 Cost Principles for Non - Profit
Organizations. Allowable costs incurred by procured private contractors shall be in
compliance with 48 CFR Part 31. Contract Cost Principles and Procedures. A
SUBRECIPIENT is not subject to 24 CFR Part 84 and 24 CFR Part 85, however the County is
Subject to 24 CFR Part 85 and may impose requirements upon the SUBRECIPIENT in order for
the County to remain compliant with its obligation to follow 24 CFR Part 85. The
SUBRECIPIENT 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 or the Admin Plan.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, 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: Rosa Munoz, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
mailto:ROsaMLInOZ(il ?Cal l iemov,net
239 - 252 -5713
SUBRECIPIENT ATTENTION: Jeff Ahren, Director of Development
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Carol A. O'Callaghan
Legal Aid Service of Collier County
4125 Tamiami Trail East
Naples, FL 34112
maiIto:iahren @,legaIaid.org
coca llat?han(u,LegalAid.org
239 - 298 -8130
239 - 298 -8135
PART II
GRANT CONTROL REQUIREMENTS
2.1 AUDITS
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At any time during normal business hours and as often as the COUNTY (and /or its
representatives) may deem necessary, the SUBRECIPIENT shall make available all records,
documentation and any other data relating to all matters covered by the Agreement for review,
inspection or audit.
Any deficiencies noted in audit reports must be fully cleared by the Grantee, Developer,
or Subrecipient within 30 days after receipt by the organization. Failure of the organization to
comply with the above audit requirements will constitute a violation of this contract and may
result in the withholding of future payments. The Subrecipient hereby agrees to have an annual
agency audit conducted in accordance with current Grantee policy concerning Subrecipient
audits and OMB Circular A -133.
2.2 RECORDS AND DOCUMENTATION
The Subrecipient shall maintain sufficient records in accordance with 24 CFR 570.502
and 570.506 to determine compliance with the requirements of this Agreement, the CDBG
Program and all other applicable laws and regulations. This documentation shall include, but not
be limited to, the following:
A. All records required by CDBG 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
HHVS. Materials identified in the previous sentence shall be in accordance with
generally accepted accounting principles (GAAP), procedures and practices,
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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 HHVS
if requested. In any event the SUBRECIPIENT shall keep all documents and
records in an orderly fashion in a readily accessible, permanent and secured
location for three (3) years after the date of submission of the annual performance
and evaluation report, as prescribed in 24 CFR 91.520 with the following
exception: if any litigation, claim or audit is started before the expiration date of
the three (3) year period, the records will be maintained until all litigation, claim
or audit findings involving these records are resolved. The COUNTY shall be
informed in writing if an agency ceases to exist after closeout of this Agreement
of the address where the records are to be kept as outlined in 24 CFR 85.42. Meet
all requirements for retaining public records and transfer, at no cost, to COUNTY
all public records in possession of the SUBRECIPIENT upon termination of the
contract and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible
with the information technology systems of the public agency.
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 HHVS
shall be the final arbiter on the SUBRECIPIENT's compliance.
G. The SUBRECIPIENT shall document how the National Objective(s) as defined in
24CFR 570.208 and the eligibility requirement(s) under which funding has been
received, have been met. These also include special requirements such as
necessary and appropriate determinations as defined in 24 CFR 570.208, income
certification, and written Agreements with beneficiaries, where applicable.
H. SUBRECIPIENT shall provide the public with access to public records on the
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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 F) to the COUNTY no later than one hundred eighty (180) days after the
SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and
programmatic review.
The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on -site
monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion,
a desk top review of the activities may be conducted in lieu of an on -site visit. The continuation
of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon
the request of HHVS, submit information and status reports required by HHVS or HUD to
enable HHVS to evaluate said progress and to allow for completion of reports required. The
SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site
visits may be scheduled or unscheduled as determined by HHVS or .HUD.
The COUNTY will monitor the performance of the SUBRECIPIENT based on goals and
performance standards as stated with all other applicable federal, state and local laws,
regulations, and policies governing the funds provided under this contract. Substandard
performance as determined by the COUNTY will constitute noncompliance with this Agreement.
If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after
being notified by the COUNTY, contract suspension or termination procedures will be initiated.
SUBRECIPIENT agrees to provide HUD, the IIUD 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 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, Housing Human and Veteran
Services (HHVS) has adopted an escalation policy to ensure continued compliance by
Subrecipients, Developers, or any entity receiving grant funds from HHVS. HHVS's policy for
escalation for non - compliance is as follows:
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1. Initial non - compliance may result in Findings or Concerns being issued to the entity
and will require a corrective action plan be submitted to the Department within 15
days following the monitoring visit.
o Any pay requests that have been submitted to the Department for payment will be
held until the corrective action plan has been submitted.
o HHVS will be available to provide Technical Assistance (TA) to the entity as
needed in order to correct the non - compliance issue.
2. If in the case an Entity fails to submit the corrective action plan in a timely manner to
the Department, the Department may require a portion of the awarded grant amount
be returned to the Department.
o The County may require upwards of five percent (5 %) of the acquisition amount
be returned to the Department, at the discretion of the Board of County
Commissioners.
o The entity may be considered in violation of Resolution No. 2013 -228
3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an
issue that was previously corrected, and has been informed by the Department of their
substantial non - compliance by certified mail; the Department may require a portion
of the awarded grant amount or the amount of the CDBG investment for acquisition
of the properties conveyed, be returned to the Department.
o The Department may require upwards of ten percent (10 %) of the acquisition
amount be returned to the Department, at the discretion of the Board of County
Commissioners.
o The entity will be considered in violation of Resolution No. 2013 -228
4. If in the case after repeated notification the Entity continues to be substantially non-
compliant, the Department may recommend the contract or award be terminated.
o The Department will make a recommendation to the Board of County
Commissioners to immediately terminate the agreement or contract. The Entity
will be required to repay 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.
o The entity will be considered in violation of Resolution No. 2013 -228
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If in the case the Entity has multiple agreements with the Department and is found to be non-
compliant, the above .sanctions may be imposed across all awards at the discretion of the Board
of County Commissioners,
2.5 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 10`l' 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 Exhibits "C and W. Exhibits "C and W contain
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.
PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent
of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and
judgment.
3.2 GENERAL COMPLIANCE
The SUBRECIPTENT agrees to comply with the requirements of Title 24 of the Code of
Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG)) including subpart K of these regulations,
except that (1) the SUBRECIPIENT does not assume the recipient's environmental
responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the
recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52
and (3) SUBRECIPIENT is not required to follow federal procurement and (4) for
SUBRECIPTENT's revenue generated is not considered program income. The CDBG program
was funded through the Housing and Community Development Act of 1974. The
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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.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner,
as creating or establishing the relationship of employer /employee between the parties. The
SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the
services to be performed under this Agreement. The Grantee shall be exempt from payment of all
Unemployment Compensation, FICA, retirement, fife and /or medical insurance and Workers'
Compensation Insurance, as the SUBRECIPIENT is an independent contractor.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that
such amendments make specific reference to this Agreement, and are executed in writing, signed
by a duly authorized representative of each organization, and approved by the 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.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from CDBG 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 CDBG funds pertaining to this Agreement.
In the event of curtailment or non - production of said federal funds, the financial sources
necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be
available. In that event, the COUNTY may terminate this Agreement, which termination 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. There are no funds being
granted in association with this Agreement.
3.6 INDEMNIFICATION
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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, darnages, 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 inde►nnified 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 tennination 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 HOUSING, HUMAN AND VETERAN SERVICES
DEPARTMENT"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team as well as
Equal Housing Opportunity to the general public. Construction signs shall comply with
applicable COUNTY codes.
3.8 DEFAULTS, REMEDIES AND TERMINATION
In accordance with 24 CFR 85.43, this Agreement may also be terminated for
convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth
the reasons for such termination, the effective date, and, in the case of partial terminations, the
portion to be terminated. However, if in the case of a 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.
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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
rnanner its obligations under this Agreement;
C. Ineffective or improper use of funds provided under this Agreement; or
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 CDBG
funds SUBRECIPIENT has received under this Agreement;
D. Apply sanctions set forth in 24 CPR 92, if determined by the County to be
applicable;
E. Stop all payments until identified deficiencies are corrected;
F. Tenninate this Agreement by giving written notice to SUBRECIPIENT of such
termination and specifying the effective date of such termination. If the
Agreement is terminated by the County as provided herein, SUBRECIPIENT
shall have no claim of payment or claim of benefit for any incomplete project
activities undertaken under this Agreement.
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3.9 REVERSION OF ASSETS
In the event of a termination of this Agreement and in addition to any and all other
remedies available to the COUNTY (whether under this Agreement or at law or in equity) the
SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of
termination (or expiration) and any accounts receivable attributable to the use of CDBG funds
per 24 CFR. S70.503(b)(7).
The COUNTY's receipt of any funds on hand at the time of termination shall not waive
the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of
the funds or property, as the COUNTY may deem necessary.
3.1.0 INSURANCE
SUBRECIPIENT shall not commence any work and /or services pursuant to this
Agreement until all insurance required as outlined in Exhibit "A" has been obtained, and
carried, at all times during its performance.
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 1), the Uniform Administrative Requirements for Grants and
Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments
(24 CFR Pail 85), and the federal regulations for the Conununity Development Block Grants (24
CFR 570 et seq.).
3.12 PURCHASING
SUBRECIPIENT's are required to follow Federal Procurement regulations and Collier
County's purchasing thresholds.
All purchasing for services and goods, including capital equipment, shall be made by
purchase order or by a written contract and in conformity with the thresholds of Collier County
Purchasing Policy.
Purchasing Threshold Policy
Dollar Range( $
Quotes
Under $3K
I Written Quote
$3K to $50K
3 Written Quotes
Above $50K
Request for Proposal (RFP)
invitation for Bid (IFB)
3.13 PROGRAM - GENERATED INCOME
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Any "Program Income" (as such term is defined under applicable Federal regulations)
gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the
COUNTY through an annual program income re -use plan, utilized by the SUBRECIPIENT and
shall be in compliance with 24 CFR 570.503(c) in the operation of the Program.
3.14 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout
requirements are completed. The County may close out the project with the SUBRECIPIENT
after the five (5) year 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 IX.B.4, the SUBRECIP[.ENT 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 tenns 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.
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
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
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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
At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement
must be low- and moderate- income persons. If the project is located in an entitlement city, as
defined by HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the
beneficiaries directly assisted under this Agreement must reside in unincorporated Collier
County or in municipalities participating in the County's Urban County Qualification Program.
The project shall assist beneficiaries as defined above for the time period designated in Exhibits
"C and D" of this Agreement.
3.15 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 five year 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 perfonnance 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 CPR 570.611 "Conflict
of Interest ", and the State and County statutes, regulations, ordinance or resolutions governing
conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its
employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low and moderate -
income residents of the project target area.
The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval
prior to entering into any contract with an entity owned in whole or in part by a covered person
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or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY
may review the proposed contract to ensure that the contractor is qualified and that the costs are
reasonable. Approval of an identity of interest contract will be in the COUNTY's sole
discretion. This provision is not intended to limit SUBRECIPIENT's ability to self - manage the
projects using its own employees. Any possible conflict of interest on the part of the
SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however,
that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the
statutory requirement that maximum opportunity be provided for employment of and
participation of low and moderate income residents of the project target area.
3.20 RELIGIOUS ORGANIZATIONS
CDBG funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 570.2006). 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 CDBG funds to support any
inherently religious activities, such as worship, religious instruction or proselytizing.
d. The funds shall not be used for the acquisition, construction or rehabilitation of
structures to the extent that those structures are used for inherently religious activities.
Where a structure is used for both eligible and inherently religious activities, CDBG
funds may not exceed the cost of those portions of the acquisition, construction or
rehabilitation that are attributable to eligible activities in accordance with the cost
accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels,
or other rooms that a CDBG funded religious congregation uses as its principal place
of worship, however, are ineligible for CDBG funded improvements.
3.21 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.
Remainder of Page Intentionally Left Blank
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
htip: / /Nvw��l.law .co1•nell.eciu /cfr /text /24 /pa1•t -570
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link:
li gp: / /www.ecf -.,ov/cgi- bin /text-
idx? c= ecfr& tpl= /ecfrbrowse /l'itle24 /24ef:r58 main 02.tpl
4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development
Act of 1974 as amended
http: // portal. llud. 9ov/ hiIdporta l /I-ILJD ?src= /r)rottram offices /fair housing -equal opp /FFI
Laws /109
4.4 The Fair Housing Act (42 U.S.C. 3601 -20) Reasonable Accommodations Under the Fair
Housing Act. llttp; / / " ,Nvw.hud.gov /offices /flico /library /huddoistatelneiit.pdf
E.O. 1 1063 —Equal Opportunity in Housing
http: // portal. llud .uov /hudportal /14LJD ?st•c— /program offices /fair housing equal opp /FI -I
L.,aws /EXO 1 1063
E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs
http : / /www.ai-ch ives.�ov /federal - register /cod i fication /executive - order /12259.htmi
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
I968 as amended
htti): / /i)oi-tal.hud.!,ov/ hudportal /HUD ?si -c= /pro�,,ram offices /fair housing equal app /
dese /title8
4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063
which prohibits discrimination and promotes equal opportunity in housing.
http : / /www. Lrpo.gov /fdsys /pk>7 /CFR- 2007- titie24- vo13 /pdt`/C FR- 2007- title24 -vo13-
sec570-602.pdf
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: Itttp: / /NA,ww.ceoc.,4ov /eec)c /History /35th /thelaA,/eo -I 1246.html
EO 11375 and 12086: see item #8 below
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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 Affirtnative Action employer.
http://Nvw\v.eeoc.gov/[-,i\vs/st,,itutes/titlevii.efiii
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 subcontractors. Failure to fulfill these
requirements shall subject the COUNTY, the SUBRECIPIENT and any of the
SUBRECTPIENT'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 arnended (12 U.S.C. 1701). Section 3 requires that to the greatest extent
feasible opportunities for training and employment be given to low- and very
low - income residents of the project area, and that contracts for work in
connection with the project be awarded to business concerns that provide
economic opportunities for low- and very low - income persons residing in the
metropolitan area in which the project is located."
The SUBRECIPIENT further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including reduction and
abatement of lead -based paint hazards), housing construction, or other public
construction project are given to low- and very low- income persons residing within the
metropolitan area in which the CDBG- funded project is located; where feasible, priority
should be given to low- and very low- income persons within the service area of the
project or the neighborhood in which the project is located, and to low- and very low -
income participants in other HUD programs; and award contracts for work undertaken in
connection with a housing rehabilitation (including reduction and abatement of lead -
based paint hazards), housing construction, or other public construction project to
business concerns that provide economic opportunities for low- and very low - income
persons residing within the metropolitan area in which the CDBG- funded project is
located; where feasible, priority should be given to business concerns that provide
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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: / /tNNvw.ecfr.gov /cgi
bin/ text- idx? c= ecfi- &tpl= /ecfi-browse /'fitle24 /24efr135 main 02.tp1
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.aov/oasaiii/i-es,,s/statLItes/tlge act.htm
11063:http://portal.hud.gov/liudl2ortat/Ffl.JD'?src=/pi-ograni offices /fair housing equal o
pp /F 1 -1 Laws /1~ XO 1 1063
11246: litti)://www.eeoc,<,,ov/eeoc/Ilistot-y/35tli/tlielaw/eo-I 1246.html
11375: Amended by EO 11478
11478: http:/ /www archives gov /federal - register /codification /executive- order /I 1478.html
12107: httl):/ /www archives gov /federal- register./ codification /executive - order• /12107.html
12086: http•//www archives ,,Ov/ Federal - register /coditic. ation /executive- order /] 2086.html
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327 -332.
httl2 ' / /usaceengineerin�,ypampets2 tpub com /EP- 1180 -1 -1 /EP -1 180- 1- 10012.1itm
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614
Subpart K.
Section 504: littp•/ /www epa #,ov /civilriLIits /sec5O4.htm
29 USC 776: http•/ /law onecle eom /uscode /29/776.litmi
24 CFR 570.614: littp://\Nfx.Nr\v.law.cornell.edu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990
http://N,vNAr\,v.fliwa.clot.gov/realestate/u,,l/iiidex.litni
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended. littp://www.fliwa.dot.gov/realestate/Liti/index.litm
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 CDBG. (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 by Loans or Grants from the United States-
http://www..Iaw.cornell.edu/cfr/text/29/L)art-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)
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littp: / /ww4v.law.cot-neI l.edu /cfr /text/29 /pail -55
Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects. http :H\vww. presidency .ucsb.edu /xvs /index.p}hp ?I)icl =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: //Nvwiv.mbda.gov /node /333
I-IUD 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
570.607, as revised by Executive Order 13279. The applicable non- discrimination
provisions in Section 109 of the HCDA are still applicable.
24 CFR 570.607: littp : / /www.!Ipo.lrov /fdsys/p1:g /CFR - 2010- title24- vo1) /3)df /CFR -2010-
title24- vol3- sec570- 608.pd1'
E.O. 13279: httli://fedgovcoilti'acts.com/12eO2-192.liti-n
4.18 Public Law 100 -430 - the Fair Housing Amendments Act of 1988. .
ltttp:/ /www,.iicbi.titm.iiih.s;ov /pubmed/ 12289709
4.19 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Non -Profit Organizations and
specified by the following subsections: http : / /ww•w.law.cornell.edLI/C.fi• /text /24/pai-t -84
Subpart A — General;
Subpart B — Pre -Award Requirements, except for 84.12, Fortes for Applying for
Federal Assistance;
Subpart C — Post -Award Requirements, except for:
• Section 84.22, Payment Requirements- Grantees shall follow the standards of
85.20(b)(7) and 85.21 in making payments to SUBRECIPIENT's;
• Section 84.23, Cost Sharing and Matching;
• Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENT's
shall follow 570.504;
• Section 84.25, Revision of Budget and Program Plans;
• Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENT's
shall follow 570.505;
• Section 84.34(g), Equipment — In lieu of the disposition provisions of 84.34(g)
the following applies:
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• In all cases in which equipment is sold, the proceeds shall be program
income (pro -rated to reflect the extent to which CDBG funds were
used to acquire the equipment); and
• Equipment not needed by the SUBRECIPIENT for CDBG activities
shall be transferred to the recipient for the CDBG program or shall be
retained after compensating the recipient;
• Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program
Performance;
• Section 84.52, Financial Reporting;
• Section 84.53(b), Retention and Access Requirements for Records. Section
84.53(b) applies with the following exceptions:
• The retention period referenced in 84.53(b) pertaining to individual
CDBG activities shall be three years; and
• The retention period starts from the date of submission of the annual
perfon-nance and evaluation report, as prescribed in 24 CFR 91.520, in
which the specific activity is reported on for the final time rather than
from the date of submission of the final expenditure report for the
award;
• Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG
SUBRECIPIENT's shall comply with 570.503(b)(7); and
• Subpart D — After -the -Award Requirements —,except for 84.7 1, Closeout Procedures
4.20 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local
Governments shall be followed for sub recipients that are governmental entities.
http://www.eefr.Gov/cgi- bin /text-
idx? c= ccfi-& tpl= /ecfrbrowse /Title24 /24cfi•85 main 02.1n1
4.21 Immigration Reform and Control Act of 1986
http: / /ww\N!.eeoc.,,ov /eeoe /h istory /35tH /tlielaw /irca.litni l
4.22 Prohibition Of Gifts To County Employees - No organization or individual shall offer or
give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier
County Ethics Ordinance No. 2004 -05, as amended, and County Administrative
Procedure 5311. Florida Statutes -
littp: / /w«w,lativserver.com /law /state /norida /statutes /florida statutes chapter 112 part iii
Collier County -
http: //bccsp01 /SiteDirectory /ASD /l-IR /labor /CMAs/ Shared %20Docunients /CMA %20531
1.1 %20Standards %20ot %2OConduct.pdf
4.23 Order of Precedence - In the event of any conflict between or among the terms of any of
the Contract Documents, the terms of the Agreement shall take precedence over the terms
of all other Contract Documents, except the terms of any Supplemental Conditions shall
take precedence over the Agreement. To the extent any conflict in the terms of the
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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.
4.24 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 court's in Collier County, FL which courts have sole jurisdiction on all
such matters. (No reference required for this item).
4.25 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith
effort to resolve any such disputes by negotiation. Any situations when negotiations,
litigation and /or mediation shall be attended by representatives of SUBRECIPIENT with
full decision - making authority and by COUNTY'S staff person who would make the
presentation of any settlement reached during negotiations to COUNTY for approval.
Failing resolution, and prior to the commencement of depositions in any litigation
between the parties arising out of this Agreement, the parties shall attempt to resolve the
dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the
State of Florida. Should either party fail to submit to mediation as required hereunder,
the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if
in state court and the US District Court, 20t" 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.
littli://-,\iww.flseiiate.gov/l-a\vs/Statutes/2010/44.102
4.26 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. http: / /wv`nv.la\v.cornell.edu /uscode /text/42/7401
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
http: / /www.law.cornell.edLI/uscode /text /33 /chapter -26
4.27 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for
activities located in an area identified by FEMA as having special flood hazards, flood
insurance under the National Flood Insurance Program is obtained and maintained. If
appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which
would satisfy this requirement and /or reduce the cost of said flood insurance.
http://wvvw.eefr.gc)v/cLi- bin /text-
idx?c= ecfr& SiD= eba4Obdb528 22d80827a48bced5bOb56&r!Zn =div8 &view =text &node =2
4:3.1.1.3.4.1 l .1.6 &idno =24
4.28 The SUBRECIPIENT agrees that any construction or rehabilitation of residential
structures with assistance provided under this contract shall be subject to HUD Lead-
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Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K.
http: / /Nv\vw.ecfr.ttov /cgi- bin /text-
idx' ?c= ecfi• &S ID= eba40bdb52822d80827 a48beec15bOb56 &rtrn= div8 &v iew= text &]xuie =2
4 :3.1. l . 3.4. l 1.1.96 d no =24
4.29 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set
forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and
the procedures set forth in 36 CPR Part 800, Advisory Council on Historic Preservation
Procedures for Protection of Historic Properties, insofar as they apply to the performance
of this agreement.
httn: / /www,nd.s.tov /liistorN /local- law /nhpa l 966.htm
htt p: / /N"v«v.ecl'r. €,ov/cgi- bin /text-
idx? c= ecfr& t► p1= /ecfi•browse /Titie36 /36cfi-800 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.
httn: / /yvww.nps,gov/ history /local- Ia\N, /nhpa I966.htm
4.30 The SUBRECIPIENT must certify that it will provide drug -free workplaces in
accordance with the Drug -Free Workplace Act of 1988 (41 USC 701).
httn: / /us- cocle.vIex.com /vicl /drug -free- workplace -requ ireinents- contractors - 19242870
4.31 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal Department or agency; and, that the
SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered
transaction, with a person who is similarly debarred or suspended from participating in
this covered transaction as outlined in 24 CFR 570.609, Subpart K.
http: / /www.ecfr. aov/cai- bin /text-
idYVc =ecfr& SID= eba4Obdb52822d80827a48bced5bOb56 &rgn =div8 &view = text &node =2_
4:3.1.1.3.4.11.1.10 &idno =24
4.32 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is
applicable, and agrees to adhere to the accounting principles and procedures required
therein, utilize adequate internal controls, and maintain necessary source documentation
for all costs incurred.
States, local governments, and Indian Tribes follow:
• A -87 for Cost Principles
• A -102 for Administrative Requirements
Educational Institutions (even if part of a State or local government) follow:
• A -21 for Cost Principles
• A -110 for Administrative Requirements
Non- Profit Organizations follow:
A -122 for Cost Principles
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• A -] 10 for Administrative Requirements
OMB Circular A87: http : / /Www.Whitehouse.aov /omb /circultu•s a087 2004/
OMB Circular A]02: http: / /\vww.wliiteliouse.�.,,ov /oinb /circulars al02/
OMB Circular A21:Iittp: / /www.wllitehouse.gov /omb /circulars a021 2004/
OMBCii-cularAIIO:IittLi://www.whitCIIOL)qe.gov/oiiib/circulat-s al 10/
OMB Circular A122: http: / /www.wliiteliouse.�-,ov /omb /circulars a122 2004/
4.33 Audits shall be conducted annually and shall be submitted to the COUNTY one hundred
eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The
SUBRECIPIENT shall comply with the requirements and standards of OMB A -133,
Audits of States, Local Governments, and Non -Profit Organizations. If this Agreement is
closed out prior to the receipt of an audit report, the COUNTY reserves the right to
recover any disallowed costs identified in an audit after such closeout.
http://www.wliitehOLIsC,BOV/011lb/cii-cLilat-s/al33 compliance supplement 2011
Clarification of Eligible Audit Costs
The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the
cost certification of costs performed by a certified public accountant. This has always
been an eligible cost; the amendment clarifies and codifies this.
liq)://www.law.coi-tiell.edLi/cfr/text/24/92.206
4.34 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the
projects stated herein, and approved by the COUNTY in accordance with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR
24.101, shall be subject to the provisions of CDBG including, but not limited to, the
provisions on use and disposition of property. Any real property within the
SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG
funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505.
http: / /www-.i *hwa, clot .gov /realestate /ua /index.lhtm
http: / /www.lak,.cornell.edLi/cft• /text /49/24.101
littp: / /cfr.vlex.com /vid /570 -505- use -real- property - 19928754
4.35 As provided in § 287.133, Florida Statutes by entering into this Agreement or performing
any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates,
suppliers, subcontractors and consultants who will perform hereunder, have not been
placed on the convicted vendor list maintained by the State of Florida Department of
Management Services within the 36 months immediately preceding the date hereof. This
notice is required by § 287.133 (3) (a), Florida Statutes.
http: / /N,�,,Anv.1awserver.com /law/ state /florida /statutes /floi-ida statutes 287 -133
4.36 No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
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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
SUBRECIPIENT's shall certify and disclose accordingly.
4.37 Travel reimbursement will be based on the U.S. General Services Administration (GSA)
per diem rates in effect at the time of travel.
4.38 Any rule or regulation determined to be applicable by HUD.
4.39 Florida Statutes 713.20, Part 1, Construction Liens
http: /hvnv,Al.Icg.state.il.tls /Statutes /index.cfm ?App mocle= Display Statute&URL=0700-
0799/0713/0713.html
4.40 Florida Statutes 119.021 Records Retention
http : / /wwNv.lawserver.com /law /state /florida /statutes /florida statutes 119 -021
4.41 Florida Statutes, 119.071, Contracts and Public Records
http : //www.le,,�.state.tl.us/ Statutes /inctex.ef-n?App mode = Display Statute&URL=0100-
0199/01 19 /Sections /01 19.07.htm I
(Signature Page to Follow)
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IN WITNESS WHEREOF, the SUBRECI.PIENT 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 COMMISSIONERS OF
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
Deputy Clerk TOM HENNING, CHAIRMAN
Dated:
(SEAL)
'tn�ss
Janina Evans /Executive Assistant
Name and Title
Legal Aid Service of Broward County, Inc, d /b /a
Lega Service of Ilier unty
y:
nt ony J. Oa, Esq., Executive Director
.�rtness v
Joseph G. Majoros /F'scal Administrator
Name and Title
Approved as to form and legality:
Jennifer A. Belpedio +—
Assistant County Attorney p a i 7 ��
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PART V
EXHIBITS
EXHIBIT "A"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran
Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of
Insurance evidencing insurance coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Commercial General Liability including products and completed operations
insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate.
Collier County must be shown as an additional insured with respect to this
coverage.
3. Automobile Liability Insurance covering all owned, non -owned and hired
vehicles used in connection with this contract in an amount not less than
$1,000,000 combined single limit for combined Bodily Injury and Property
Damage. Collier County shall be named as an additional insured.
DFSTGN STAGE (IF APPLICABLE)
In addition to the insurance required in I — 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 (1F APPLICABLE)
In addition to the insurance required in I — 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)
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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 Iocated in
an area identified by the Federal Emergency Management Agency (FEMA) as
having special flood hazards, flood insurance under the National Flood Insurance
Program is obtained and maintained as a condition of financial assistance for
acquisition or construction purposes (including rehabilitation).
OPERATION/MANAGEMENT PHASE (1F 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 (1.00 %) 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 st►ucture(s) or the maximum amount of
coverage available through the National Flood Insurance Program (NFIP). The
Policy must show Collier County as a Loss Payee A.T.I.M.A.
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EXHIBIT "B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REOUEST FOR PAYMENT
Sub recipient Name: Legal Aid Set-vice of Broward County, Inc. d/b /a Legal Aid
Service of Collier County
Sub recipient Mailing Address: 4125 Tamiami Trail East, Naples, FL 34112___
Project Name: Legal Services to Victims (LSTV) _
Agreement No: CD 14 -06PS Payment Request #
Total Payment Minus Retainage:
Period of Availability: through
Period for which Agency has incurred indebtedness: through
SECTION II: STATUS OF FUNDS
1.
Grant Amount Awarded $
2.
Sum of Past Claims Paid on this Account $
3.
Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account $
4.
Amount of Previous Unpaid Requests $
5.
Amount of Today's Request $
6.
10% Retainage Amount Withheld
7.
Current Grant Balance (Initial Grant Amount
Awarded Less Sum of all requests) $
I certify that this request for payment has been drawn in accordance with the terms and
conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best
of my knowledge and belief, all grant requirements have been followed.
Grant Coordinator
Supervisor
Dept Director _
Legal Aid Of Collier County CuBG
CU14 -06PS
PUBLIC SERV ICES
LEGAL SERVICLS TO VICTIMS
Signature
Title
Date
Grant Accountant
(approval authority over $14,999)
(approval required $15,000 and above)
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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 i" — December 31 "'
Janual 10`
January 31" — March 31 F`
Aril 10`
April 1" —June 30"
July 10"
Jul 1" — September 30"
October 100'
SUBRECIPIENT AGREEMENT
LEGAL SERVICES TO VICTIMS
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.
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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
`Period
No. Active Projects
White
No. Projects Com lete
No. Properties Demolished
No. Properties Sold
Asian
TOTAL
HOUSEHOLD INFORMATION
Complete these tables for those properties sold during this reporting period.
Household Data
This Re orting Period
No. Extremely-Low Income Households 0 -30% AMI
White
No. Very-Low Income Households (31 -50% AMI
No. Low - Income Households (51 -80% AM[)
No. Moderate - Income Households (81 -120% AMI)
Asian
No. Female Head of Households
TOTAL
RACE AND ETHNICITY BENEFICIARIES
Race _
Total
No..His anic : ;
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/Afirican American and White
American Indian /Alaskan Native and Black/African American
Other Multi- Racial
TOTAL
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EXHIBIT "D"
QUARTERLY PERFORMANCE REPORT DATA
GENERAL
9/23/2014 16.D.1.
Grantee is required to submit to HUD, through the Integrated Disbursement and Information
System ( "IDIS ") Performance Reports. The County reports information on a quarterly basis. To
facilitate in the preparation of such reports, Subrecipient shall submit the information contained
herein within ten (10) days of the end of each calendar quarter.
QUARTERLY PROGRESS REPORT
Sub - recipients: Please fill in the following shaded areas of the report
f egalAtd Sevice of l3roward Collier County tnc d!b!a Legal P,id Seivice of r;oltter
Agency Name: County Date
Project Title:
Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date.
.Please list the outcome goal(s) from your approved application & sub recipient agreement and indicate your progress inmeetmg
those goals since the beginning of the agreement
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2.
43
Is this project still In compliance with the orlginai project scheduleTlf more than ,2 months behind schedule, must submit anew, `r`
timeline for approval:
Yes No
If no, explain:
Since October 1, 2014, of the persons assisted, how many....
a.
...now have new access (continuing) to this service or benefit? 0 .:.
b.
...now has improved access to this service or benefit? 0 (`
C.
now receive a service or benefit that is no longer substandard? Q
TOTAL: 0
4.
What funding sources are applied
for this period / program earl
Section 108 Loan Guarantee
HOPWA
$
i$
Other Consolidated Plan Funds
CDBG
-
Other Federal Funds
ESG
State I Local Funds
HOME
:-
Total
$ Entitlement $
Total Other Funds Funds -
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6. 1 What is the total number of UNDUPLICATED clients served this quarter, if applicable'?
a. Total No, of adult females served: 0: .:.Total No. of females served under 18: 0
b. Total No, of adult males served: 0::).. .;''Total No. of males served under 18: 0
TOTAL: 0
TOTAL: 0
C. Total No. of families served: 0
Total No. of female head of household:
6.
What is the total number of UNDUPLICATED clients served since October, if a licable?
a. Total number of adult females served 0.',
Total number of females served under 18: O
b. Total number of adult males served: 0:'.:' .:.
Total number of males served under 18:
TOTAL: O
TOTAL: 0
C. Total No. of families served: D
Total No. of female head of household:
Complete EITHER question #7 OR #8. Complete question
07 If your program only serves clients in one or more of the listed HUD Presumed
Benefit categories. Complete question #8 if any client in your
program does not fall into a Presumed Benefit category.
DO NOT COMPLETE BOTH QUESTION 7 AND 8.
7. PRESUMED BENEFICIARY DAT—
8. JOTHER BENEFICIARY DATA: INCOME 'RANGE
Indicate the total number of UNn lP ICA TED
Indicate the total number of lF T A D persons
persons served since October 1 who fall Into
f
served sinew October 1 who fall Into each income
each presumed benefit category (the total
category (the total should equal the total +» question #6)
should equal the total in question 96):
Report as:
Report as:
0 ::;::)Nbused Children
0 :'Extremely low Income (0 -30 %)
0 Homeless Person
0 `.:Low Income (31 -50 %)
0 sBattered Spouses
0 ' Moderate Income (51 -80 %)
0 Persons w/ HIV /AIDS
0 `Above Moderate Income ( >80 %)
Elderly Persons
Veterans
O Chronically/ Mentally ill
0 Physicaly Disabled Adults
0 Other -Youth
TOTAL: 0
TOTAL: 0
I s. Racial& Ethnic Data: (Ifa pllcable)
Please indicate how many UNDUPLICATED clients served since October fall into each race category. In addition
to each race category, please indicate how many persons in each race category consider themselves Hispanic
(Total Race column should equal the total
cell).
RACE
ETHNICITY
White
of whom, how many are Hispanic?
Black/AfricanAmerican D.;
0 : ; of whom, how many are Hispanic?
Asian 0.:'.:
0 .r ; of whom, how many are Hispanic?
American Indian/Alaska Native
'.0 ; of whom, how many are Hispanic?
Native Hawaiian/Other Pacific Islander',:, O t`
0 '£ %; of whom, how many are Hispanic?
American Indian/Alaskan Native &White 0..:.,
of whom, how many are Hispanic?
Black/African American 8 White
ofwhom, how many are Hispanic?
Am. Indian /Alaska Native 8 Black/African Am
of whom, how many are Hispanic?
Other Multi- racial 0 ':.
=0 :.; of whom, how many are Hispanic?
Other 0 ?
0-:- ;of whom, how many are Hispanic?
TOTAL: 0
0 TOTAL HISPANIC
Name:
Title:
Legal Aid of Collier County CDBC
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Signature:
Your typed name here represents your a ec rornc
signature
EXHIBIT "E"
INCOME CERTIFICATION
INSTRUCTIONS
9/23/2014 16.D.1.
Complete form, and retain appropriate supporting docurnentation, to document providing CDBG
assistance to an eligible beneficiary. Please file in your organization's records and have on hand
for future monitoring visits.
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 13(c), otherwise leave
blank. 13(c)
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C. Anticipated Annual Income: Includes Unearned Income and Support Paid on
Behalf of Minors
Member
Wages /
Benefits /
Public
Other
Salaries
Pensions
Assistance
Income
(include tips,
commissions,
Asset
bonuses, and
Income
overtime
I
(Enter the
greater of
2
box 13(b) or
3
box B(c),
4
above, in
5
box C(e)
6
below)
7
8
(a)
(b)
(c)
(d)
(e)
Totals
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. 1 /we have provided, for each person set forth in Item A, acceptable
verification of current and anticipated annual income. I/we 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
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E. CDBG 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 CDBG Program. The family or individual(s) constitute(s) a:
Very -Low Income (VLI) 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 $ ).
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 $ },
Moderate - Income (MOD) Household means and individual or family whose
annual income does not exceed 80 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 CDBG Administrator or His/Her Designated Representative:
Signature
Date
Printed Name Title
F. Household Data
Number of Persons
By Race / Ethnicity
By A e
Native
American
Asian
Black
Hawaiian or
White
Oth
0— 26— 41—
62+
Indian
Other Pac.
er
25 40 61
Islander
Hispanic
Nan-
Hispanic
NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No beneficiary 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 to the CDBG program.
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EXHIBIT "F"
ANNUAL AUDIT MONITORING REPORT
OMB Circular A -133 Audits of States, Local Govemments, and Non -Profit Organizations requires the Collier
County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards
and determine whether they have met the audit requirements of the circular and whether they are in
compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the
following, provide all appropriate documentation regarding your organization's compliance with the audit
requirements, sign and date this form.
Subrecipient Name
Fiscal Year
Period
Total State Financial Assistance Expended during
$
most recently completed Fiscal Year
Total Federal Financial Assistance Expended during most
$
recently completed Fiscal Year
Check Appropriate Boxes
We have exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending
❑
as indicated above and have completed our Circular A -133 audit. A copy of the audit report
and management letter is attached.
We exceeded the $500,000 federallstate expenditure threshold for our fiscal year ending as
E3
indicated above and expect to complete our Circular A -133 audit by . Within
30 days of completion of the A -133 audit, we will provide a copy of the audit report and
management letter.
❑
We are not subject to the requirements of OMB Circular A -133 because we:
❑ Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year
indicated above
❑ Are exempt for other reasons — explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
tIr rmam s were notea, piease enclose a cupy ul Llle fe5PUI15C5 dIIU GV11C1.LJVC 0%.uU11 P1011.1
Certification Statement
I hereby certify that the above information is true and accurate.
Signature I Date
Print Name and Title
This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements.
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Grant # - B- 11 -UC -12 -0016
B- 14 -UC -12 -0016
CFDA /CSFA# - 14.218
Subrecipient — The Shelter for Abused
Women & Children, Inc. — Agreement #
CD 14 -09
DUNS # - 836680769
IDIS #488
FEID # - 59- 2752895
Fiscal Year End: 06/30
Monitor End: 09/2020
AGREEMENT BETWEEN COLLIER COUNTY
AND
THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC.
THIS AGREEMENT is made and entered into this day of , 2014, 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 the The
Shelter for Abused Women & Children, Inc., a private not- for - profit corporation existing
under the laws of the State of Florid ( "Subrecipient "), having its principal office at P.O. Box
10102, Naples, FL 34101.
WHEREAS, the County has entered into an agreement with the United States
Department of Housing and Urban Development (HUD) for a grant for the execution and
implementation of a Community Development Blocic Grant Program in certain areas of Collier
County, pursuant to Title I of the Housing and Community Development Act of 1974 (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 2014 -2015 for
the CDBG Program with Resolution 2014 -129 on June 24, 2014 — Agenda Item 16138; and
WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier
County CDBG program; and
WHEREAS, the County and Subrecipient wish to set forth the responsibilities and
obligations of each in undertaking the CDBG SHELTER IMPROVEMENTS; and
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is
agreed by the Parties as follows:
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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 CDBG assistance, as determined by Collier
County Housing, Human and Veteran Services (HHVS), to pet-form the tasks necessary to
conduct the program as follows:
SCOPE OF SERVICES
FY2014 -2015 Action Plan identified and approved the The Shelter for Abused Women &
Children Shelter Improvements project as follows:
Proiect Component One: Shelter Improvements: Facility
Funding costs will include but not limited to the following expenses: roof membrane,
painting, stucco /wood repair of exterior and surrounding walls and fencing (includes
pressure cleaning and sealing of all cracks in walls).
Proiect Component Two: Shelter Improvements: IT room
Funding costs will include but not limited to the following expenses: climate controlled
improvements to the IT server room.
Specifically, improvements identified for funding are outlined in the Project Details
Section 1.2.
The detailed project scope will be contained in the schedule of values or contractor
pricing awarded in the project's construction contract. The project's construction contract
will include details sufficient to document the number, amount and costs associated with
all activities for payment.
1.1 SPECIAL GRANT CONDITIONS
A. Within thirty (30) calendar days of the execution of this agreement, the Subrecipient
must deliver to HHVS 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. Affirmative Action/ Equal Opportunity Policy
3. Conflict of Interest Policy
4. Fraud Policy
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5. Equal Opportunity Policy
6. Procurement Policy
7. Residential Anti - displacement and Relocation Policy
8. Sexual Harassment Policy
9. 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)
10. Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
1.2 PROJECT DETAILS
A. Project Description /Budget
Shelter Improvements
Federal Funds
Proiect Component One: Facility Funding costs will include but not
$140,500
limited to the following expenses: roof membrane, painting, and
stucco /wood repair of exterior and surrounding walls and fencing
(includes pressure cleaning and sealing of all cracks in walls).
Project Component Two: IT room Funding costs will include but not
$9,500
limited to the following expenses: Equipment and installation of the
cooling and heating for the SheIter's server room using high efficiency
equipment.
Total:
$150,000
The Subrecipient will accomplish the following project tasks:
Proiect Tasks
1. Maintain and provide to the County resident income certification or
presumed eligibility documentation (Exhibit E) or documentation of Census
Track
2. Provide quarterly reports on progress(Exhibit C &D) and national objectives
3. Provide monthly construction and rehabilitation progress reports until
completion of construction and rehabilitation
4. Required attendance by Executive Management at quarterly partnership
meetings, as requested
5. Identify Lead Project Manager
6. Provide Site Design and Specifications
7. Provide exterior and interior rehabilitation, as approved by the County and
identified in this agreement
8. Comply with Uniform Relocation Act (URA), if necessary
9. Comply with Davis Bacon Labor Standards
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10. Provide Certified Payroll weekly throughout construction and rehabilitation
11. Ensure the five (5) year affordability /continued use period is niet
12. Comply with Section J requirements
11, National Objective
The CDBG program funds awarded to Collier County must benefit low - moderate income
persons (LMI), As such the Subrecipien.t shall be responsible for ensuring that all
activities and beneficiaries meet the definition of Low Mod Clientele (LMC) or presumed
Low Mod Clientele.
C. Project Outcome
The Subrec.ipient will perform rehabilitation activities (to include but not limited to): roof
membrane, painting, and stucco /wood repair of exterior and surrounding walls and
fencing (includes pressure cleaning and sealing of all cracks in walls). Climate controlled
improvements to the IT server room (to include but not limited to): equipment and
installation of the cooling and heating for the Shelter's server room using high efficiency
equipment.. The Subrecipient will provide shelter improvements to a minimum of 600
presumed low to moderate income victims of domestic violence.
The property will be deed restricted for five (5) years commencing on the date of initially
meeting one of the National Objectives in accordance with 24 CFR 570.505.
D, Performance Deliverables
The Following Table Retails the Project Deliverables
Program Deliverable
Deliverable Supporting
Submission Schedule
Documentation
Special Grant Condition Policies
Policies as stated in this
within thirty (30) days of
(Section 1.1)
agreement
Agreement Execution
Creation and maintenance of income
Exhibit E
Deliverable: Ongoing and to
eligibility or presumed elgibility tiles
be reviewed during
on clients served
I
monitoring
This funding will benefit 600 presumed
Exhibit C and D
Deliverable: Ongoing and
adult victims of domestic violence
evidenced by quarterly report
and monitoring
Quarterly Progress Rcports
; Exhibit C & D
Quarterly through 9 /2015 and
annually thereafter until 2020
Financial and Compliance Audit
Exhibit F
Annually one hundred eighty
(180) days after FY end until
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E. Payment Deliverables
The Following Table Details the Payment Deliverables
PAYMENT. DELIVERABLES
Payment Deliverable
2020
Proof of Insurance
Insurance Certificate
Annually within 30 days of
renewal until 2020
Program Income Re -Use Plan
Program Income Plan Document
Annually through 09/2020
Continued Use Certification
Continued Use Affidavit
Annually until 2020
E. Payment Deliverables
The Following Table Details the Payment Deliverables
PAYMENT. DELIVERABLES
Payment Deliverable
Payment —Supporting Documents
Submission Schedule
Component One: Facifitt) Funding
Submission of supporting documents
Submission of monthly
costs will include but not limited to
must be provided as back up as
invoices
the following expenses: roof
evidenced by AIA G702 -1192 form
membrane, painting, and
or equivalent document per
stucco /wood repair of exterior and
contractor's Schedule of Values/ bid,
surrounding walls and fencing
and any additional documents as
(includes pressure cleaning and
needed- Exhibit B
sealing of all cracks in walls).
Final 10 %($14,050) released upon
documentation of facility
improvements completed and
achievement of national objective
Protect Component Two: IT room
Submission of supporting documents
must be provided as back up as
Submission of monthly
invoices
Funding costs will include but not
limited to the following expenses:
evidenced by AIA G702 -1192 form,
Equipment and installation of the
contractor invoice or equivalent
cooling and heating for the Shelter's
document per contractor's Schedule
server room using high efficiency
of Values /bid, and any additional
equipment.
documents as needed- Exhibit B
Final 10% ($950) released upon
documentation of equipment and
installation completed and
achievement of national objective
1.3 TIME OF PERFORMANCE
Services of the Subrecipient shall start effective the date of the execution of this
agreement and shall end on September 30, 2015.
1.4 AGREEMENT AMOUNT
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The COUNTY agrees to make available ONE HUNDRED AND FIFTY THOUSAND
DOLLARS AND NO CENTS ($150,000) for the use by the SUBRECIPIENT during the Term
of the Agreement (hereinafter, the aforestated amount including, without limitation, any
additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement,
shall be referred to as the "Funds ").
Modifications to the "Budget and Scope" may only be made if approved in
advance. Budgeted fund shifts between line items and project components shall not be more than
10% and does not signify a change in scope. Fund shifts that exceed 10% of a line item and a
project component shall only be made with board approval.
All improvements specified in Section 1. 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 SUBRECI..PIENT shall enter into
contract for improvements with the lowest, responsive and qualified bidder. Contract
administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall
have access to all records and documents related to the project.
The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by HHVS.
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for
eligible costs, and all disbursements requests must be limited to the amount needed at the time of
the request. Invoices for work performed are required every month. SUBRECIPIENT may
expend funds only for allowable costs resulting from obligations incurred during the term of this
agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not
yet prepared to send the required backup, a $0 invoice will be required. Explanations will be
required if two consecutive months of $0 invoices are submitted. Payments shall be made to the
SUBRECIPIENT when requested as work progresses but, not more frequently than once per
month. Reimbursement will not occur if Subrecipient fails to perform the minimum level of
service required by this agreement. Final invoices are due no later than 90 days after the end of
the agreement. Work performed during the term of the program but not invoiced within 90 days
without written authorization from the Grant Coordinator will not be reimbursed. The County
Manager or designee may extend the term of this Agreement for a period of up to 180 days. The
extension must be authorized prior to the expiration of the agreement. The extension must be
authorized in writing by formal letter to the Subrecipient. No payment will be made until
approved by HHVS for grant compliance and adherence to any and all applicable local, state or
Federal requirements. Payment will be made upon receipt of a properly completed invoice and in
compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt
Payment Act."
1.5 COST PRINCIPLES
Payments to the Grantee are governed by the Federal grants management rule for cost
allowability found at 24 CFR 85.22 (24 CFR 84.27 for nonprofit recipients). Accordingly,
payments will be made on a cost reimbursement basis. Each request for reimbursement shall
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identify the associated project and approved project task(s) listed under this Scope of
Work. The Grantee can only incur direct costs that may be attributed specifically to the projects
referenced above. The Grantee must provide adequate documentation for validating costs
incurred. Payments to Grantee's contractors and vendors are conditioned upon compliance with
the procurement requirements provided for in 24 CFR 85.36 or 84.40 -48, as applicable.
Allowable costs incurred by the Grantee shall be in compliance with OMB Circular A -87 Cost
Principles for State, Local, and Indian Tribal Governments. Allowable costs incurred by
nonprofit recipients shall be in compliance with OMB Circular A -122 Cost Principles for
Non - Profit Organizations. Allowable casts incurred by procured private contractors shall be
in compliance with 48 CFR Part 31 Contract Cost Principles and Procedures. A
SUBRECIPIENT is not subject to 24 CFR Part 84 and 24 CFR Part 85, however the County is
Subject to 24 CFR Part 85 and may impose requirements upon the SUBRECIPIENT in order for
the County to remain compliant with its obligation to follow 24 CFR Part 85. The
SUBRECIPIENT 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 or the Admin Plan.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, 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: Rosa Munoz, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
mailto:RosaMunoz6_2) ollier�ov.net
239 - 252 -5713
SUBRECIPIENT ATTENTION: Rosa Leon
Contracts & Grants Manager
Julie Franklin, Director of Operations
The Shelter for Abused Women & Children
P.O. Box 10102
Naples, FL 34101
239- 775 -3862
Aeon, naplesshelter.org
ifranklin!iunaplesshelter.org,
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PART II
GRANT CONTROL REQUIREMENTS
2.1 AUDITS
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At any time during normal business hours and as often as the COUNTY (and /or its
representatives) may deem necessary, the SUBRECIPIENT shall make available all records,
documentation and any other data relating to all matters covered by the Agreement for review,
inspection or audit.
Any deficiencies noted in audit reports must be fully cleared by the Grantee, Developer,
or Subrecipient within 30 days after receipt by the organization. Failure of the organization to
comply with the above audit requirements will constitute a violation of this contract and may
result in the withholding of future payments. The Subrecipient hereby agrees to have an annual
agency audit conducted in accordance with current Grantee policy concerning Subrecipient
audits and OMB Circular A -133.
2.2 RECORDS AND DOCUMENTATION
The Subrecipient shall maintain sufficient records in accordance with 24 CFR 570.502
and 570.506 to determine compliance with the requirements of this Agreement, the CDBG
Program and all other applicable laws and regulations. This documentation shall include, but not
be limited to, the following:
A. All records required by CDBG 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
HHVS. 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
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documents and records relating to this Agreement shall be surrendered to HHVS
if requested. In any event the SUBRECIPIENT shall keep all documents and
records in an orderly fashion in a readily accessible, permanent and secured
location for three (3) years after the date of submission of the annual performance
and evaluation report, as prescribed in 24 CFR 91.520 with the following
exception: if any litigation, claim or audit is started before the expiration date of
the three (3) year period, the records will be maintained until all litigation, claim
or audit findings involving these records are resolved. The COUNTY shall be
informed in writing if an agency ceases to exist after closeout of this Agreement
of the address where the records are to be kept as outlined in 24 CFR 85.42. Meet
all requirements for retaining public records and transfer, at no cost, to COUNTY
all public records in possession of the SUBRECIPIENT upon termination of the
contract and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible
with the information technology systems of the public agency.
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 HHVS
shall be the final arbiter on the SUBRECIPIENT's compliance.
G. The SUBRECIPIENT shall document how the National Objective(s) as defined in
24CFR 570.208 and the eligibility requirement(s) under which funding has been
received, have been met. These also include special requirements such as
necessary and appropriate determinations as defined in 24 CFR 570.208, income
certification, and written Agreements with beneficiaries, where applicable.
H. 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
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report (Exhibit F) to the COUNTY no later than one hundred eighty (180) days after the
SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and
programmatic review.
The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on -site
monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion,
a desk top review of the activities may be conducted in lieu of an on -site visit. The continuation
of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon
the request of HHVS, submit information and status reports required by HHVS or HUD to
enable HHVS to evaluate said progress and to allow for completion of reports required. The
SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site
visits may be scheduled or unscheduled as determined by HHVS or HUD.
The COUNTY will monitor the performance of the SUBRECIPIENT based on goals and
performance standards as stated with all other applicable federal, state and local laws,
regulations, and policies governing the funds provided under this contract. Substandard
performance as determined by the COUNTY will constitute noncompliance with this Agreement.
If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after
being notified by the COUNTY, contract suspension or termination procedures will be initiated.
SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General
Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records
related to performance of activities in this agreement.
2.4 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, Housing Human and Veteran
Services (HHVS) has adopted an escalation policy to ensure continued compliance by
Subrecipients, Developers, or any entity receiving grant funds from HHVS. HHVS's policy for
escalation for non - compliance is as follows:
1. Initial non - compliance may result in Findings or Concerns being issued to the entity
and will require a corrective action plan be submitted to the Department within 15
days following the monitoring visit.
o Any pay requests that have been submitted to the Department for payment will be
held until the corrective action plan has been submitted.
o HHVS will be available to provide Technical Assistance (TA) to the entity as
needed in order to correct the non - compliance issue.
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2. If in the case an Entity fails to submit the corrective action plan in a timely manner to
the Department, the Department may require a portion of the awarded grant amount
be returned to the Department.
o The County may require upwards of five percent (5 %) of the acquisition amount
be returned to the Department, at the discretion of the Board of County
Commissioners.
o The entity may be considered in violation of Resolution No. 2013 -228
3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an
issue that was previously corrected, and has been informed by the Department of their
substantial non - compliance by certified mail; the Department may require a portion
of the awarded grant amount or the amount of the CDBG investment for acquisition
of the properties conveyed, be returned to the Department.
o The Department may require upwards often percent (10 %) of the acquisition
amount be returned to the Department, at the discretion of the Board of County
Commissioners.
o The entity will be considered in violation of Resolution No. 2013 -228
4. if in the case after repeated notification the Entity continues to be substantially non-
compliant, the Department may recommend the contract or award be terminated.
o The Department will make a recommendation to the Board of County
Commissioners to immediately terminate the agreement or contract. The Entity
will be required to repay 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.
o The entity will be considered in violation of Resolution No. 2013 -228
If in the case the Entity has multiple agreements with the Department and is found to be non-
compliant, the above sanctions may be imposed across all awards at the discretion of the Board
of County Commissioners.
2.5 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 l Olh 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
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include, a comprehensive final report covering the agreed -upon Program objectives, activities
and expenditures and including, but not limited to, perfonnance data on client feedback with
respect to the goals and objectives set forth in Exhibits "C" and "D ". Exhibits "C" and "D"
contain 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.
PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent
of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and
judgment.
3.2 GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of
Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG)) including subpart K of these regulations,
except that (1) the SUBRECIPIENT does not assume the recipient's environmental
responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the
recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52
and (3) SUBRECIPIENT is not required to follow federal procurement and (4) for
SUBRECIPIENT's revenue generated is not considered program income. The CDBG program
was funded through the Housing and Community Development Act of 1974. 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. Tile SUBRECIPIENT
further agrees to utilize funds available under this Agreement to supplement rather than supplant
funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner,
as creating or establishing the relationship of employer /employee between the parties. The
SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the
services to be performed under this Agreement. The Grantee shall be exempt from payment of all
Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers'
Compensation Insurance, as the SUBRECIPIENT is an independent contractor.
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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.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from CDBG 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 CDBG funds pertaining to this Agreement.
In the event of curtailment or non- production of said federal funds, the financial sources
necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be
available. In that event, the COUNTY may terminate this Agreement, which termination 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. There are no funds being
granted in association with 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
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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 Slalules. 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 HOUSING, HUMAN AND VETERAN SERVICES
DEPARTMENT"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team as well as
Equal Housing Opportunity to the general public. Construction signs shall comply with
applicable COUNTY codes.
3.8 DEFAULTS, REMEDIES AND TERMINATION
In accordance with 24 CFR 85.43, this Agreement may also be terminated for
convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth
the reasons for such termination, the effective date, and, in the case of partial tenninations, 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; or
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;
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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 CDBG
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;
F. Tenninate 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 and in addition to any and all other
remedies available to the COUNTY (whether under this Agreement or at law or in equity) the
SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of
termination (or expiration) and any accounts receivable attributable to the use of CDBG funds
per 24 CFR 570.503(b)(7).
The COUNTY's receipt of any funds on hand at the time of termination shall not waive
the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of
the funds or property, as the COUNTY may deem necessary.
3.10 INSURANCE
SUBRECIPIENT shall not commence any work and /or services pursuant to this
Agreement until all insurance required as outlined in Exhibit "A" has been obtained, and
carried, at all times during its performance.
3.11 ADMINISTRATIVE REQUIREMENTS
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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 Grants and
Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments
(24 CFR Part 85), and the federal regulations for the Community Development Block Grants (24
CFR 570 et seq.).
3.12 PURCHASING
SUBRECIPIENT are required to follow Federal Procurement regulations and Collier
County's purchasing thresholds.
All purchasing for services and goods, including capital equipment, shall be made by
purchase order or by a written contract and in conformity with the thresholds of Collier County
Purchasing Policy.
Purchasing Threshold Policy
Dollar Ran a ($)
Quotes
Under $3K
I Written Quote
$3K to $50K
3 Written Quotes
Above $50K
Request for Proposal (RFP)
Invitation for Bid (IFB
3.13 PROGRAM- GENERATED INCOME
Any "Program Income" (as such term is defined under applicable Federal regulations)
gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the
COUNTY through an annual program income re -use plan, utilized by the SUBRECIPIENT and
shall be in compliance with 24 CFR 570.503(c) in the operation of the Program.
3.14 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout
requirements are completed. The County may close out the project with the SUBRECIPIENT
after the five (5) year 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 IX.B.4, the SUBRECIPIENT shall comply with Section 119.021 Florida
Statutes regarding records maintenance, preservation and retention. A conflict between state and
federal law records retention requirements will result in the more stringent law being applied
such that the record must be held for the longer duration. Any balance of unobligated funds
which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess
of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this
Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and
information that complies with Section 215.97, Florida Single Audit Act.
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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
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
At least fifty -one percent (51 %) of the beneficiaries of a project funded through this Agreement
must be low- and moderate- income persons. If the project is located in an entitlement city, as
defined by HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the
beneficiaries directly assisted under this Agreement must reside in unincorporated Collier
County or in municipalities participating in the County's Urban County Qualification Program.
The project shall assist beneficiaries as defined above for the time period designated in Exhibits
"C and D" of this Agreement.
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
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provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of
such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for
approval prior to the award of funds. The Affirmative Action will need to be updated throughout
the five year period and submitted to County within 30 days of update /modification.
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 570.611 "Conflict
of Interest", and the State and County statutes, regulations, ordinance or resolutions governing
conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its
employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low and moderate -
income residents of the project target area.
The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval
prior to entering into any contract with an entity owned in whole or in part by a covered person
or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY
may review the proposed contract to ensure that the contractor is qualified and that the costs are
reasonable. Approval of an identity of interest contract will be in the COUNTY's sole
discretion. This provision is not intended to limit SUBRECIPIENT's ability to self - manage the
projects using its own employees. Any possible conflict of interest on the part of the
SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however,
that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the
statutory requirement that maximum opportunity be provided for employment of and
participation of low and moderate income residents of the project target area.
3.20 RELIGIOUS ORGANIZATIONS
CDBG funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 570.2000). 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
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its religious beliefs, provided that it does not use direct CDBG funds to support any
inherently religious activities, such as worship, religious instruction or proselytizing.
d. The funds shall not be used for the acquisition, construction or rehabilitation of
structures to the extent that those structures are used for inherently religious activities.
Where a structure is used for both eligible and inherently religious activities, CDBG
funds may not exceed the cost of those portions of the acquisition, construction. or
rehabilitation that are attributable to eligible activities in accordance with the cost
accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels,
or other rooms that a CDBG funded religious congregation uses as its principal place
of worship, however, are ineligible for CDBG funded improvements.
3.21 SEVERABILITY
Should any provision of the Agreement be detennined to be unenforceable or invalid,
such a determination shall not affect the validity or enforceability of any other section or part
thereof.
Remainder of Page Intentionally Left Blank
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
iiti ')p: / /www. la\N,.corne l l .ed u/C f.'r /text /24 /part -570
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link:
http://Nvww.ecfi•.gov/cgi- bin /t.ext-
idx? c= ec: Fr& tpl= /ect'rbrowse/T'itle24 /24efr58 main 02.tpl
4.3 Section 104(b) and Section 109 of Title 1 of the Housing and Community Development
Act of 1974 as amended
http://12oi-tal.liud.gov/liudl)oi-tal/HUD'?src=/pi-ograiii offices /fair housing equal opp /FH
1Laws /109
4.4 The Fair Housing Act (42 U.S.C. 3601 -20) Reasonable Accommodations Under the Fair
Housing Act. http: // www. hud. gov / offices /f ico /Iibra.i-N, /httddoistatement.pdf
E.O. l 1063 — Equal Opportunity in Housing
htin : / /nortal.liud.aov /fiudt)ortal /HUD ?src= /t)roL,raln offices/Nir housiniz equal opp /Fl -I
Laws /EXO 11063
E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs
httn: / /Nv w\, v. archives.�rov /1'ederaI- reL,ister /codification /executive- order /12 ?59.fitml
24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.Q.
http://www.law.cornell.edu/cfr/text/24/Part-I 07
4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of
1968 as amended
hitp:/ /portal hud �tov /hudportal /H[JD ?src = /nrotlram offices /fair housing equal opp /131-09
desc /title8
4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063
which prohibits discrimination and promotes equal opportunity in housing.
http: / /www.gpo.�ov /f iisys/pk<T /CI'R- 2007 - title24 -vo l3 /pd f %CFR- 2007 - title24 -vol3-
sec570- 602.pdf
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: littp : / /www.eeoc.,,�ov /eeoc /Iiistory /35th /tlielaw /eo -I 1246.htmI
EO 11375 and 12086: see item 48 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
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advertisements for employees placed by or on behalf of the SUBREC.IPiENT, state that it
is an Equal Opportunity or Affirmative Action employer.
lltti):/hvww.eeoc.eov /IaNVS /statutes /titievi i.ei:m
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 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 CDBG- funded project is located; where feasible, priority
should be given to low- and very low - income persons within the service area of the
project or the neighborhood in which the project is located, and to low- and very low -
income participants in other HUD programs; and award contracts for work undertaken in
connection with a housing rehabilitation (including reduction and abatement of lead -
based paint hazards), housing construction, or other public construction project to
business concerns that provide economic opportunities for low- and very low- income
persons residing within the metropolitan area in which the CDBG - funded project is
located; where feasible, priority should be given to business concerns that provide
economic opportunities to low- and very low- income residents within the service area or
the neighborhood in which the project is located, and to low- and very low- income
participants in other HUD programs.
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The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity
exists that would prevent compliance with these requirements, http: / /w\vw.ecfi-.�.)ov /cgi-
bin/ text- idx ?c -= Ceti-& tpl= /ecfrbrowse /Title24 /24ctr135 main 02.tpl
4.10 Age Discrimination Act of 1975, Executive Order 1 1063, and Executive Order 11246 as
amended by Executive Orders 11375, 11478, 12107 and 12086.
Age Discrimination Act of 1975 - http:// www .dol.gov /oasaln /Ie�s /statLit.es /age act.htm
11063: http:// 12orta1.l lud. aov /liudpolta[ /HL)D' ?src= /prograin offices /fair housing equal o
Lip /FI-t Laws /EXO 11063
11246: litth : //\ ww.eeoc.Lov /eeoc /history /35th /thelaw /eo- I1246.html
11375: Amended by EO 11478
11478: http: /hvtivw.arc.hives.# lei- register /codification /executive- order /1 1478.1itm1
12107: http: / /www, archives .s4ov /fecieral- re(,istet- /codification /executive- order /12107.litnll
12086: llttp�//www. archives .gov /federal- I-eaiste.i- /cod ification /executive- order /12086.htnll
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327 -332.
httLl:// us acee.naineerin.,�,i)anlplets2 .tpub.conl /EP -I 180 -1- I /EP -1 180- 1- 10012.1-itnl
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614
Subpart K.
Section 504: http// www•. epa.gov /civilricghts /sec504.htm
29 USC 776: http:// la« ,,.onecle.com /uscode /29 /776.litml
24 CFR 570.614: http: / /N,".�v.law.comell.edu /cfr /text /24 /570.614
4.13 The Americans with Disabilities Act of 1990
http: /A ww.11lwa. dot. �,lov /realestate /ua /inclex.litnl
4.14 Uniform Relocation Assistance and Real Property . Acquisition Policies Act of 1970, as
amended. http : / /ww,w.Iliwa. dot .gov /i-ealestate /ua /index.litm
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 CDBG. (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 by Loans or Grants from the United States-
http://\� ,--ww.law.c(.)rnell.edu/cfi-/text/29/L)ai-t-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: / /wN -vw, l,iw.c,orne l l.edu /CIr /text /29 /part -.5
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Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects. htIL):/ /Nvww. presidency .ucsb.edu /N s /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 littp_ / /www.mbcla.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
570.607, as revised by Executive Order 13279. The applicable non - discrimination
provisions in Section 109 of the HCDA are still applicable.
24 CFR 570.607: http• / /«J\trw gpo Hof v /fdsys /1)1«? /CFR - ?010- titic24- vo13 /pclf /('FR -2010-
title24- vo13- sec570- 608.12df
E.O. 13279: http:// fedgoveontracts .com /pe02- 192.htm
4.18 Public Law 100 -430 - the Fair Housing Amendments Act of 1988.
httn:/h uww.ncbi.nlin.nill.gov /hubmed /I 2289709
4.19 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Non - Profit Organizations and
specified by the following subsections: http • / /www.law.corneII.edLI /Cf'r /text /24 /part -84
Subpart A — General;
Subpart B — Pre -Award Requirements, except for 84.12, Forms for Applying for
Federal Assistance;
Subpart C — Post -Award Requirements, except for
• Section 84.22, Payment Requirements- Grantees shall follow the standards of
85.20(b)(7) and 85.21 in making payments to SUBRECIPIENT's;
• Section 84.23, Cost Sharing and Matching;
• Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENT's
shall follow 570.504;
• Section 84.25, Revision of Budget and Program Plans;
• Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENT's
shall follow 570.505;
• Section 84.34(g), Equipment — In lieu of the disposition provisions of 84.34(g)
the following applies:
■ In all cases in which equipment is sold, the proceeds shall be program
income (pro -rated to reflect the extent to which CDBG funds were
used to acquire the equipment); and
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■ Equipment not needed by the SUBRECIPIENT for CDBG activities
shall be transferred to the recipient for the CDBG program or shall be
retained after compensating the recipient;
• Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program
Performance;
• Section 84.52, Financial Reporting;
• Section 84.53(b), Retention and Access Requirements for Records. Section
84.53(b) applies with the following exceptions:
• The retention period referenced in 84.53(b) pertaining to individual
CDBG activities shall be three years; and
• The retention period starts from the date of submission of the annual
performance and evaluation report, as prescribed in 24 CFR 91.520, in
which the specific activity is reported on for the final time rather than
from the date of submission of the final expenditure report for the
award;
o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG
SUBRECIPIENT's shall comply with 570.503(b)(7); and
Subpart D — After -the -Award Requirements — except for 84.7 1, Closeout Procedures
4.20 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local
Governments shall be followed for sub recipients that are govermnental entities.
http://www,ecfr.gov/cgi- bin /text-
idx? c= ecfrR tp[= /ecfrbrowsc /Title24 /24cfr85 main 02.tpl
4.21 Immigration Reform and Control Act of 1986
littp: / /ww�A,,,eeoc.aov /eeoc/ history /35t]i /thelaww /ii-ca.litm]
4.22 Prohibition Of Gifts To County Employees - No organization or individual shall offer or
give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier
County Ethics Ordinance No. 2004 -05, as amended, and County Administrative
Procedure 5311. Florida Statutes -
htt):Hvv- ,N,wv.lawsei-ver.com/ law /state /florida /statutes /florida statutes chapter 112 part iii
Collier County -
http:Hbccsp01 /SiteDirectory /ASD /HR/ labor /CMAs /Shared %20Docutnents /CMA %20531
1.1 % 20Standards %20ofti /o20C.onduct.pdi'
4.23 Order of Precedence - In the event of any conflict between or among the terms of any of
the Contract Documents, the terns 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.
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4.24 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).
4.25 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith
effort to resolve any such disputes by negotiation. Any situations when negotiations,
litigation and /or mediation shall be attended by representatives of SUBRECIPIENT with
full decision - making authority and by COUNTY'S staff person who would make the
presentation of any settlement reached during negotiations to COUNTY for approval.
Failing resolution, and prior to the commencement of depositions in any litigation
between the parties arising out of this Agreement, the parties shall attempt to resolve the
dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the
State of Florida. Should either party fail to submit to mediation as required hereunder,
the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if
in state court and the US District Court, 20t" 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.
littL)://www,flscnate.gov/[,aws/StatLites/2010/44.102
4.26 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. littk):/ /www IaNw coriiell.edu /uscode /text /42/7401
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
http://www.law.cornell.edU/LISCode/text/33/c.liai)ter-26
4.27 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for
activities located in an area identified by FEMA as having special flood hazards, flood
insurance under the National Flood Insurance Program is obtained and maintained, if
appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which
would satisfy this requirement and /or reduce the cost of said flood insurance.
http / /wwNw.ec fr. aov /c � i- bin /tex t-
idx' * lc =ecf r& S1 D= eba 40bdb52822d80827a48bcedibOb56 &rr�n =div8 &view= text &node =2
=1:3,1.1.3.4. l l .1.6 &idno =24
4.28 The SUBRECIPIENT agrees that any construction or rehabilitation of residential
structures with assistance provided under this contract shall be subject to HUD Lead -
Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K.
http: / /%-�,Nvw. cefr. Gov/cgi- bin /text-
idx ?c =ecfr& SID= eba40bdb52822d80827a48bced5 bOb56 &r,�n =div 8 &view =text &node =2
4 :3.1.1.3.4.11. I.9& idno =24
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4.29 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set
forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and
the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation
Procedures for Protection of Historic Properties, insofar as they apply to the performance
of this agreement.
http: / /�www.n `,ov / history /local- lawlnhpal966.hhn
hp: / /w\"\,,.ecfi•.,,ov /cgi- bin /text-
idx ?c- ec1i,& tpl= /ecfrbrowse /'Fitle36 /36ci'r800 main 02.tt)l
In general, this requires concurrence fiom 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 /Iocal- law /nhpa 1966.1itm
4.30 The SUBRECIPIENT must certify that it will provide drug -free workplaces in
accordance with the Drug -Free Workplace Act of 1988 (41 USC 701).
llttp• / /us -code vlex com /vid /clrug- free- xworkplace- requirements- contractors - 19242870
4.31 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal Department or agency; and, that the
SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered
transaction, with a person who is similarly debarred or suspended from participating in
this covered transaction as outlined in 24 CFR 570.609, Subpart K.
Izttp://w\vw.ecfr.,,ov/cgi- bin /text-
idx ?c =ecfr& SID= eba40bdb52822d8O827 a48bced5bOb56 &rgn =div8 &view =text &node =2
4:3.1.1.3.4.1 1.1.10&, idno=24
4.32 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is
applicable, and agrees to adhere to the accounting principles and procedures required
therein, utilize adequate internal controls, and maintain necessary source documentation
for all costs incurred.
States local governments, and Indian Tribes follow:
• A -87 for Cost Principles
• A -102 for Administrative Requirements
Educational Institutions (even if part of a State or local government) follow:
• A -21 for Cost Principles
• A -110 for Administrative Requirements
Non - Profit Organizations follow:
• A -122 for Cost Principles
• A -110 for Administrative Requirements
OMB Circular A87: littp: / /www.whitehouse.g_ov /omb /circulars a087 2004/
OMB CircularA ]02:littp: / /www.wliiteliouse.gov /omb /circulars 1102/
OMB Circular A2]:Iitti,)://wNvw.whitehOLise.gov/ojiib/cli-culars a021 2004/
OMB Circular A] 10:httttp: /hwww.whitehouse.gov /omb /circulars al 10/
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OMB Circular A122: http: / /www.wliiteliouse.gov /onib /circulars a 122 2004/
4.33 Audits shall be conducted annually and shall be submitted to the COUNTY one hundred
eighty (180) days after the end of the SUBR.ECIPIENT's fiscal year. The
SUBRECIPIENT shall comply with the requirements and standards of OMB A -133,
Audits of States, Local Governments, and Non -Profit Organizations. If this Agreement is
closed out prior to the receipt of an audit report, the COUNTY reserves the right to
recover any disallowed costs identified in an audit after such closeout.
http : / /w\vNv.wliitelIouse.gov /onib /circulars /al33 compliance supplement 2011
Clarification of Eligible Audit Costs
The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the
cost certification of costs performed by a certified public accountant. This has always
been an eligible cost; the amendment clarifies and codifies this.
litt)://N,N,ww.law.coi-iiell.edu/cfi-/text/24/92.206
4.34 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the
projects stated herein, and approved by the COUNTY in accordance with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR
24.101, shall be subject to the provisions of CDBG including, but not limited to, the
provisions on use and disposition of property. Any real property within the
SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG
funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505.
http: //hvww. fhwa. dot. t}oy /realestate /tia /iiidex..Iltni
http://www.law.coi-ilell.edu/cf'r/text/4`9/24.1 01
http : / /cPr.vlex.com /vid /570- 505 - use - real - property - 19928754
4.35 As provided in § 287.133, Florida Statutes by entering into this Agreement or performing
any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates,
suppliers, subcontractors and consultants who will perform hereunder, have not been
placed on the convicted vendor list maintained by the State of Florida Department of
Management Services within the 36 months immediately preceding the date hereof. This
notice is required by § 287.133 (3) (a), Florida Statutes.
littLl: / /www.[,iwserver.com /law /state /florida /statutes /florld.a statutes 287 -133
4.36 No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
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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
SUBRECiPIENT's shall certify and disclose accordingly.
4.37 Travel reimbursement will be based on the U.S. General Services Administration (GSA)
per diem rates in effect at the time of travel.
4.38 Any rule or regulation determined to be applicable by HUD.
4.39 Florida Statutes 713.20, Part 1, Construction Liens
http: / /www.leg.state.fl.us /Statutes /index.cfm ?App mode= Displav Statute &GIRL =0700-
0799/0713/0713.html
4.40 Florida Statutes 119.021 Records Retention
http• / /mrNvw lawservei- com/ law /state /florida /statutes / Forida statutes 1.19-021
4.41 Florida Statutes, 119.071, Contracts and Public Records
htip: /Avww,leg.state.n.us/ Statutes /index.cfii?A )I) mode = Display Statu.te &URI... =0100-
0199/01 19 /Sections /O l 19.07.htm I
(Signature Page to Follow)
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IN NVIT:`,,JVSS Willt"REM", the alld Ill• Coulliv, have, cm.h.
bN' NII tiLlIhOli/l.-d I)CIS011 01 !1131 n1. ll(.tfCLMCICI SCI 11161- Ildild" mul seals oil die datc
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HOMO) ()I ('011NI-1`
MVI(il I L. IIROCIII'. (11'k K,
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HY:
('ICH,
WIM lik'NNING, CHAIRMAN
H I F, S 1-11-` 1,* I'k R FOR AMISIA) &
CI I I I I )R 1'-: N
FA I j
hilda Obell)"Ills, FAO.L.-Illive Dil'uClor
Wilness
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N'""Ime and "Lille
Approved as to I'Orm and legalily:
t'<,
Jefillif'or A. Belpedio
Assistant Comil\ Atkwiicy
p
S %N\ ( (
( DM; I Dill 09
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PART V
EXHIBITS
EXHIBIT "A"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran
Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of
Insurance evidencing insurance coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440, Florida Statutes.
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.
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 PI IASL" (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)
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or structure(s). The policy shall be in the name of Collier County and the
SUBRECIPIENT.
In accordance with the requirements of the Flood Disaster Protection Act of 1973
(42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in
an area identified by the Federal Emergency Management Agency (FEMA) as
having special flood hazards, flood insurance under the National Flood Insurance
Program is obtained and maintained as a condition of financial assistance for
acquisition or construction purposes (including rehabilitation).
OPERATION/MANAGEMENT PHASE (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.
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EXHIBIT "B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REOUEST FOR PAYMENT
Sub recipient Name: The Shelter for Abused Women & Children, Inc.
Sub recipient Mailing Address: P.O. Box 10102 Naples, FL 34101
Project Name: Shelter Improvements
Agreement No: CD 14-09 Payment Request #
Total Payment Minus Retainage:
Period of Availability: through
Period for which Agency has incurred indebtedness: through
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
2. Sum of Past Claims Paid on this Account
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
4. Amount of Previous Unpaid Requests
5. Amount of Today's Request
6. 10% Retainage Amount Withheld
7. Current Grant Balance (Initial Grant Amount
Awarded Less Sum of all requests)
I certify that this request for payment has been drawn in accordance with the terms and
conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best
of my knowledge and belief, all grant requirements have been followed.
Signature
Title
Grant Coordinator
Supervisor
Dept Director
Date
Grant Accountant
(approval required $15,000 and above)
(approval required $15,000 and above)
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EXHIBIT "C"
REPORTING SCHEDULE
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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 1 "— December 31st
January 10'
January 31st— March 3ls'
Aril 10'
April ]s' —June 30'
Jul 10"
Jul 1" — September 30"
October 10'
SUBRECIPIENT AGREEMENT
SHELTER IMPROVEMENTS PROEJCT
Date Submitted:
Activity Reporting Period:
Contact Person:
Telephone:
Email:
=-Kinv n r
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?
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3. Obstacles — describe any potential obstacles, challenges, or issues that may cause delay.
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.
Activi
ThisReporting Period
No. Active Projects
White
No. Projects Complete
No, Properties Demolished
No. Properties Sold
Asian
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)
White
No. Very-Low Income Households (31 -50% AMI)
No. Low - Income Households (51 -80% AMI)
No. Moderate - Income Households (81 -120% AMI
Asian
No. Female Head of Households
TOTAL
RACE AND ETHNICITY BENEFICIARIES
Race
Total
No:':His anic -'
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 / AIaskan Native and Black/African American
Other Multi- Racial
TOTAL
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EXHIBIT "D"
QUARTERLY PERFORMANCE REPORT DATA
GENERAL
9/23/2014 16.D.1.
Grantee is required to submit to HUD, through the Integrated Disbursement and Information
System ( "IDIS ") Performance Reports. The County reports information on a quarterly basis. To
facilitate in the preparation of such reports, Subrecipient shall submit the information contained
herein within ten (10) days of the end of each calendar quarter.
QUARTERLY PROGRESS REPORT
Sub - recipients: Please fill in the following shaded areas of the report
Agency Name:
The Shelterfor.Abused Women :' Gtijldren, tnc Date:
Project Title:
CDBG Shelter ment., .. NOW
Alternate
Program Contact:
Rosa k eon . ` Contact:
Telephone Number:
239 -775- 3862`:
`REPORT FOR QUARTER ENDING: (check one that applies to the
corresponding grant period): p 12131!14 03130115 sp06130115 ❑ 9130/15
Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date.
Please list the outcome goal(s) from your approved applicationt sub - recipient agreementand indicate your progress in meeting
those goals since the beginning of the agreement. -
B. Goal I
'Outcome
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2.
Is this project still in compliance with the original project schedule? If more than 2 months behind schedule, must submit a new,
timeline for approva.
Yes ;........ :.... >: No
If no. explain:
Since effective date of agreement, of the persons assisted, how many....
Total Other Funds
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Total
Entitlement $
Funds -
..a
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6.
What is the total number of UNDUPLICATED clients served this quarter, If applicable?
_
a.
Total No. of adult females served:
Q :; .:.Total No. of females served under 18:
0
b.
Total No. of adult males served:
Total No. of males served under 18:
t)...:.
Am. Indian /Alaska Native & Black/African Am.'.
TOTAL:
0 TOTAL:
O
o.
Total No. of families served:
fl :a :'Total No. of female head of household:
Other -Youth
6.
What is the total number ofiJNDUPLICATED clients sensed since October, tf apphcabte?
a.
Total number of adult females served:
Total number of females served under 18:
0
b.
Total number of adult males served:
O::i ' ':Total number of males served under 18:
0
TOTAL:
O TOTAL:
0
C. Total No. of families served: 0`:': a:`Total No. of female heed of household: 0''
Complete EITHER question #7 OR #8. Complete question #7 if your program only serves clients in one or more of the listed HUD Presumed
Benefit categories. Complete question #8 If any client in your program does not fall into a Presumed Benefit category,
DO NOT COMPLETE BOTH QUESTION 7 AND 8.
7. PRESUMED BENEFICIARY DATA.--.7, e .`: OTHER BENEFICIARY DATA: INCOME RANGE
Indicate the total number of I INM Ip I -A TED
persons served since October 1 who fall into Indicate the total number of uNDUPLfj^gJ persons
each presumed benefit category (the total served since October 1 who fall into each income
should equal the total in question #6) : category (the total should equal the total In question *6):
TOTAL:
9.
Report as;
0
'Abused Children
Q
Homeless Person
D
s Battered Spouses
American Indian /Alaskan Native & White
Persons w/ HIVIAIDS
0
:..Elderly Persons
Am. Indian /Alaska Native & Black/African Am.'.
Veterans
... ,,,,;;
Chronically/ Mentally ill
Other
.Physically Disabled Adults
D
Other -Youth
Report as:
.iU Extremely low Income (0 -30 %)
0 ::.'Low Income (31 -50 %)
Moderate Income (51 -80 %)
0 .i,Above Moderate Income ( >80 %)
0 TOTAL: 0
(Racial`& Ethnic Data: (if.apphcable) :. :_ ' (
Please indicate how many UNDUPLICATED clients served since October fall into each race category. In addition
to each race category, please indicate how many persons in each race category consider themselves Hispanic
(Total Race column should equal the total cell).
RACE ETHNICITY
White
of whom, how many are Hispanic?
Black/African American.'
Asian.. O :
American Indian /Alaska Native::..
0 '? 'i
Native Hawailan/Other Pacific Islander' 0
American Indian /Alaskan Native & White
0
Black/African American & White
A
Am. Indian /Alaska Native & Black/African Am.'.
0
Other Muhl- racial .
0
Other
0
TOTAL:
0
Name:
Title:
Signature:
Your typed name here represents your a crank
signature
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'f:
of whom, how many are Hispanic?
A
. "; of whom, how many are Hispanic?
'S ; of whom, how many are Hispanic?
0
° ?; of whom, how many are Hispanic?
of whom, how many are Hispanic?
of whom, how many are Hispanic?
of whom, how many are Hispanic?
of whom, how many are Hispanic?
O
.;of whom, how many are Hispanic?
of whom, how many are Hispanic?
0
TOTAL HISPANIC
Signature:
Your typed name here represents your a crank
signature
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'f:
EXHIBIT "E"
INCOME CERTIFICATION
INSTRUCTIONS
9/23/2014 16.D.1.
Complete form, and retain appropriate supporting documentation, to document providing CDBG
assistance to an eligible beneficiary. Please file in your organization's records and have on hand
for future monitoring visits.
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)
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C. Anticipated Annual Income: Includes Unearned Income and Support Paid on
Behalf of Minors
Member
Wages /
Benefits /
Public
Other
Salaries
Pensions
Assistance
Income
(include tips,
commissions,
Asset
bonuses, and
Income
overtime
I
(Enter the
greater of
2
box B(b)
or
3
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. I /we 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
Signature of Spouse or Co -Head of Household
Date
Date
Adult Household Member (if applicable) Date
Adult Household Member (if applicable)
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E. CDBG 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 CDBG Program. The family or individual(s) constitute(s) a:
Very-Low Income (VLI) 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 $ ).
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 $ ).
Moderate - Income (MOD) Household means and individual or family whose
annual income does not exceed 80 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 CDBG Administrator or His/Her Designated Representative:
Signature
Printed Name
Title
1W Nnitanhnid data
Date
Number of Persons
By Race / Ethnic
it
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 benejiciary is
required to give such injormation he or she desires to do so, and refusal to give such information will not affect any right he or
she has to the CDBG program.
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EXIHBIT "F"
ANNUAL AUDIT MONITORING REPORT
OMB Circular A -133 Audits of States, Local Governments, and Non- Profit Organizations requires the Collier
County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards
and determine whether they have met the audit requirements of the circular and whether they are in
compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the
following, provide all appropriate documentation regarding your organization's compliance with the audit
requirements, sign and date this form.
Subrecipient Name
Fiscal Year
Period
Total State Financial Assistance Expended during
most recently completed Fiscal Year
$
Total Federal Financial Assistance Expended during most
recent) completed Fiscal Year
$
Check Appropriate Boxes
We have exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending
O
as indicated above and have completed our Circular A -133 audit. A copy of the audit report
and management letter is attached.
We exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending as
❑
indicated above and expect to complete our Circular A -133 audit by . Within
30 days of completion of the A -133 audit, we will provide a copy of the audit report and
management letter.
❑
We are not subject to the requirements of OMB Circular A -133 because we:
❑ Did not exceed the $500,000 federalIstate expenditure threshold for the fiscal year
indicated above
❑ Are exempt for other reasons — explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
to tntumus were noren_ nIP - -ACP P-mmnCP n rnnv nr ma roennncne nnri flr,., „t.,„
Certification Statement
I hereby certify that the above information is true and accurate.
Signature
Date
Print Name and Title
1 nis iorm may De uses to monitor rlonlla aingle Audit Act (Statute 215.97) requirements.
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Grant # - B- 14 -UC -12 -0016
CFDA /CSFA# - 14.218
Subrecipient — United Cerebral Palsy of
Southwest Florida, Inc. (UCP)
Agreement #CD14 -05PS
DUNS # - 078476765
IDIS #484
FETI # - 59- 1796622
Fiscal Year End: 06/30
Monitor End: 09/2015
AGREEMENT BETWEEN COLLIER COUNTY
AND
UNITED CEREBRAL PALSY OF SOUTHWEST FLORIDA, INC.
THIS AGREEMENT is made and entered into this day of , 2014, 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 the
"United Cerebral Palsy of Southwest Florida, Inc. ", a private not - for - profit corporation
existing under the laws of the State of Florida ( "Subrecipient "), having its principal office at
9040 Sunset Drive, Miami, FL 33173.
WHEREAS, the County has entered into an agreement with the United States
Department of Housing and Urban Development (HUD) for a grant for the execution and
implementation of a Community Development Block Grant Program in certain areas of Collier
County, pursuant to Title I of the Housing and Community Development Act of 1974 (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 2014 -2015 for
the CDBG Program with Resolution 2014 -129 on June 24, 2014 — Agenda Item 16D8; and
WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier
County CDBG program; and
WHEREAS, the County and Subrecipient wish to set forth the responsibilities and
obligations of each in undertaking the CDBG TRANSPORTATION SERVICES PROJECT;
and
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is
agreed by the Parties as follows:
UNITED CEREBRAL PALSY OF S1\' FLORIDA, INC.
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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 CDBG assistance, as determined by Collier
County Housing, Human and Veteran Services (HHVS), to perform the tasks necessary to
conduct the program as follows:
SCOPE OF SERVICES
FY2014 -2015 Action Plan identified and approved the Public Services Project to United
Cerebral Palsy as follows:
Project Component One: Funding costs will include but not limited to the following
expenses: Fund partial salary for Staff & Drivers to transport persons with disabilities to
the UCP Adult Day Education/Training Center (ADT).
Items identified for funding are outlined in the PROJECT DETAILS in Section 1.2.
1.1 SPECIAL GRANT CONDITIONS
A. Within thirty (30) calendar days of the execution of this agreement, the Subrecipient
must deliver to HHVS for approval a detailed project schedule for the completion of
the project.
B. The following resolutions and policies must be adopted by the Subrecipients'
governing body within thirty (30) days of conveyance:
I. Affirmative Fair Housing Policy -N /A
2. Affirmative Action/ Equal Opportunity Policy
3. Conflict of Interest Policy
4. Fraud Policy
5. Equal Opportunity Policy
6. Procurement Policy -N /A
7. Residential Anti- displacement and Relocation Policy -N /A
8. Sexual Harassment Policy
9. 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) -N /A
10. Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
UNITED CEREBRAL PALSY OF SW PLORIDA, INC.
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1.2 PROJECT DETAILS
A. Project Description /Budget
Public Services
Federal Funds
_
Project C.'omponew One: Funding; costs will inelude but not limited to
$24,458
the following expenses: Fund partial salary for Staff & Drivers to
transport persons with disabilities to the UCP Adult Day
Education,"Training Center (ADT).
Total:
$24,458
The Subrecipient will accomplish the following project tasks:
Project Tasks
1. Maintain. and provide to the County resident income certification
documentation (Exhibit E) or documentation of presumed eligibility
2. Provide quarterly reports on progress and national objectives
3. Travel /Driver Log
4. Required attendance by a representative from Executive Management at
quarterly partnership meeting;, as requested
B, National Objective
The CDBG program :funds awarded to Collier County must benefit low - moderate
income persons (LMI). As such the Subrecipient shall be responsible for ensuring that
all activities and beneficiaries meet the definition of Low Mod Clientele (I.MC) or
presumed Low Mod Clientele.
C. Project Outcome
The Subrecipient will provide transportation services to a minimum of twelve (12)
persons with disabilities. The subrecipient will provide the vehicle and personnel to
operate transportation services.
D. Performance Deliverables
The Following 'fable Details the Project Deliverables
Program Deliverable
7 Deliverable Supporting Submission Schedule
Documentation
VNITED C'FRFBRAL PALSY OF SNV FLOItIDA, INC.
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Special Grant Condition Policies
Policies as stated in this
Within thirty (30) days of
(Section 1.1)
agreement
Agreement Execution
Creation and maintenance of income
Exhibit E
Deliverable: Ongoing and to
eligibility or presumed eligibility files
costs will include but not limited to the
be reviewed during
on clients served
following expenses: Fund partial salary
monitoring —
This funding will benefit a minimum
Exhibit C and D
Deliverable: Ongoing and
of 12 individuals with developmental
with disabilities to the UCP Adult Day
evidenced by quarterly report
disabilities in Collier County
Education/Training Center (ADT).
and monitoring
Quarterly Progress Reports
Exhibit C & D
Quarterly through 9/2015
Financial and Compliance Audit
Exhibit F
Annually one hundred eighty
180 days after FY end
Proof of Insurance
Insurance Certificate
Annually within 30 days of
renewal
Program Income Re -Use Plan
Program Income Plan Document
Annually through 09/2015
E. Payment Deliverables
The Following Table Details the Payment Deliverables
PAYMENT 'DELIVERABLES
Payment Deliverable
Payment — Supporting
Submission Schedule
Documents
Project Component One: Funding
Submission of supporting
Submission of monthly
costs will include but not limited to the
documents must be provided as
invoices
following expenses: Fund partial salary
back up as evidenced by i.e. time
for Staff & Drivers to transport persons
sheets, payroll registers, banking
with disabilities to the UCP Adult Day
documents, vehicle logs, and any
Education/Training Center (ADT).
additional documents as needed -
Exhibit B
Final 10% ($2,445.80) released
upon documentation of a
minimum of 12 persons with
disabilities served
1.3 TIME OF PERFORMANCE
Services of the Subrecipient shall start February 1, 2015 and shall end on September 30,
2015.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available TWENTY FOUR THOUSAND FOUR
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HUNDRED FIFTY EIGHT DOLLARS AND NO CENTS ($24,458.00) 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.
Budgeted fund shifts between line items and project components shall not be more than 10% and
does not signify a change in scope. Fund shifts that exceed 10% of a line item and a project
component shall only be made with board approval.
All improvements specified in Section I. Scope of Work shall be performed by
SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure
acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into
contract for improvements with the lowest, responsive and qualified bidder. Contract
administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall
have access to all records and documents related to the project.
The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by HHVS.
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for
eligible costs, and all disbursements requests must be limited to the amount needed at the tulle of
the request. Invoices for work performed are required every month. SUBRECIPIENT may
expend funds only for allowable costs resulting from obligations incurred during the term of this
agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not
yet prepared to send the required backup, a $0 invoice will be required. Explanations will be
required if two consecutive months of $0 invoices are submitted. Payments shall be made to the
SUBRECIPIENT when requested as work progresses but, not more frequently than once per
month. Reimbursement will not occur if Subrecipient fails to perform the minimum level of
service required by this agreement. Final invoices are due no later than 90 days after the end of
the agreement. Work performed during the term of the program but not invoiced within 90 days
without written authorization from the Grant Coordinator will not be reimbursed. The County
Manager or designee may extend the term of this Agreement for a period of up to 180 days. The
extension must be authorized prior to the expiration of the agreement. The extension must be
authorized in writing by formal letter to the Subrecipient. No payment will be made until
approved by HHVS for grant compliance and adherence to any and all applicable local, state or
Federal requirements. Payment will be made upon receipt of a properly completed invoice and in
compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt
Payment Act."
1.5 COST PRINCIPLES
Payments to the Grantee are governed by the Federal grants management rule for cost
allowability found at 24 CFR 85.22 (24 CFR 84.27 for nonprofit recipients). 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
Grantee can only incur direct costs that may be attributed specifically to the projects referenced
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above. The Grantee must provide adequate documentation for validating costs incurred.
Payments to Grantee's contractors and vendors are conditioned upon compliance with the
procurement requirements provided for in 24 CFR 85.36 or 84.40 -48, as applicable. Allowable
costs incurred by the Grantee shall be in compliance with OMB Circular A -87 Cost Principles
for State, Local, and Indian Tribal Governments. Allowable costs incurred by nonprofit
recipients shall be in compliance with OMB Circular A -122 Cost Principles for Non - Profit
Organizations. Allowable costs incurred by procured private contractors shall be in
compliance with 48 CFR Part 31 Contract Cost Principles and Procedures. A
SUBRECIPIENT is not subject to 24 CFR Part 84 and 24 CFR Park 85, however the County is
Subject to 24 CFR Part 85 and may impose requirements upon the SUBRECIPIENT in order for
the County to remain compliant with its obligation to follow 24 CFR Part 85. The
SUBRECIPIENT 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 or the Adlnin Plan.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, 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: Rosa Munoz, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
mai [to: Rosa M unoz@Co I I iergov.net
239 -252 -5713
SUBRECIPIENT ATTENTION: Kirk Zaremba and Ellie Roberts
United Cerebral Palsy of Southwest Florida, Inc.
9040 Sunset Drive
Miami, FL 33173
mailto:kzaremba wsunrise roa ut).orz
eroberts a sunriseyroup.org
305- 273 -3055 & 239 -643 -5338 Ext 101
PART II
GRANT CONTROL REQUIREMENTS
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2.1 AUDITS
At any time during normal business hours and as often as the COUNTY (and /or its
representatives) may deem necessary, the SUBRECIPIENT shall make available all records,
documentation and any other data relating to all matters covered by the Agreement for review,
inspection or audit.
Any deficiencies noted in audit reports must be fully cleared by the Grantee, Developer,
or Subrecipient within 30 days after receipt by the organization. Failure of the organization to
comply with the above audit requirements will constitute a violation of this contract and may
result in the withholding of future payments. The Subrecipient hereby agrees to have an annual
agency audit conducted in accordance with current Grantee policy concerning Subrecipient
audits and OMB Circular A -133.
2.2 RECORDS AND DOCUMENTATION
The Subrecipient shall maintain sufficient records in accordance with 24 CFR 570.502
and 570.506 to determine compliance with the requirements of this Agreement, the CDBG
Program and all other applicable laws and regulations. This documentation shall include, but not
be limited to, the following:
A. All records required by CDBG 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
HHVS. 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 HHVS
if requested. In any event the SUBRECIPIENT shall keep all documents and
records in an orderly fashion in a readily accessible, permanent and secured
location for three (3) years after the date of submission of the annual performance
and evaluation report, as prescribed in 24 CFR 91.520 with the following
exception: if any litigation, claim or audit is started before the expiration date of
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the three (3) year period, the records will be maintained until all litigation, clairn
or audit Endings involving these records are resolved. The COUNTY shall be
informed in writing if an agency ceases to exist after closeout of this Agreement
of the address where the records are to be kept as outlined in 24 CFR 85.42. Meet
all requirements for retaining public records and transfer, at no cost, to COUNTY
all public records in possession of the SUBRECIPIENT upon termination of the
contract and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible
with the information technology systems of the public agency.
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 HHVS
shall be the final arbiter on the SUBRECIPIENT's compliance.
G. The SUBRECIPIENT shall document how the National Objective(s) as defined in
24CFR 570.208 and the eligibility requirement(s) under which funding has been
received, have been met. These also include special requirements such as
necessary and appropriate determinations as defined in 24 CFR 570.208, income
certification, and written Agreements with beneficiaries, where applicable.
H. 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 F) to the COUNTY no later than one hundred eighty (180) days after the
SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and
programmatic review.
The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on -site
monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion,
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a desk top review of the activities may be conducted in lieu of an on -site visit. The continuation
of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon
the request of HHVS, submit information and status reports required by HHVS or HUD to
enable HHVS to evaluate said progress and to allow for completion of reports required. The
SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site
visits may be scheduled or unscheduled as determined by HHVS or HUD.
The COUNTY will monitor the performance of the SUBRECIPIENT based on goals and
performance standards as stated with all other applicable federal, state and local laws,
regulations, and policies governing the funds provided under this contract. Substandard
performance as determined by the COUNTY will constitute noncompliance with this Agreement.
If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after
being notified by the COUNTY, contract suspension or termination procedures will be initiated.
SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General
Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records
related to performance of activities in this agreement.
2.4 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, Housing Human and Veteran
Services (HHVS) has adopted an escalation policy to ensure continued compliance by
Subrecipients, Developers, or any entity receiving grant funds from HHVS. HHVS's policy for
escalation for non - compliance is as follows;
1. Initial non - compliance may result in Findings or Concerns being issued to the entity
and will require a corrective action plan be submitted to the Department within 15
days following the monitoring visit.
o Any pay requests that have been submitted to the Department for payment will be
held until the corrective action plan has been submitted.
o HHVS will be available to provide Technical Assistance (TA) to the entity as
needed in order to correct the non - compliance issue.
2. If in the case an Entity fails to submit the corrective action plan in a timely manner to
the Department, the Department may require a portion of the awarded grant amount
be returned to the Department.
o The County may require upwards of five percent (5 %) of the acquisition amount
be returned to the Department, at the discretion of the Board of County
Commissioners.
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o The entity may be considered in violation of Resolution No. 2013 -228
3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an
issue that was previously corrected, and has been informed by the Department of their
substantial non - compliance by certified mail; the Department may require a portion
of the awarded grant amount or the amount of the CDBG investment for acquisition
of the properties conveyed, be returned to the Department.
o The Department may require upwards of ten percent (10 %) of the acquisition
amount be returned to the Department, at the discretion of the Board of County
Commissioners.
o The entity will be considered in violation of Resolution No. 2013 -228
4. If in the case after repeated notification the Entity continues to be substantially non-
compliant, the Department may recommend the contract or award be terminated.
o The Department will make a recommendation to the Board of County
Commissioners to immediately terminate the agreement or contract. The Entity
will be required to repay 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.
o The entity will be considered in violation of Resolution No. 2013 -228
If in the case the Entity has multiple agreements with the Department and is found to be non-
compliant, the above sanctions may be imposed across all am,ards at the discretion of the Board
of County Commissioners,
2.5 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, SUBRECIPICNT shall submit quarterly progress reports to the
COUNTY on the 101h 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 Exhibits "C" and "D ". Exhibits "C" and "D"
contain 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.
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
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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 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants (CDBG)) including subpart K of these regulations,
except that (1) the SUBRECIPIENT does not assume the recipient's environmental
responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the
recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52
and (3) SUBRECIPIENT is not required to follow federal procurement and (4) for
SUBRECIPIENT's revenue generated is not considered program income. The CDBG program
was funded through the Housing and Community Development Act of 1974. The
SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local Iaws,
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.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner,
as creating or establishing the relationship of employer /employee between the parties. The
SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the
services to be performed under this Agreement. The Grantee shall be exempt from payment of all
Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers'
Compensation Insurance, as the SUBRECIPIENT is an independent contractor.
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.
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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.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from CDBG 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 CDBG funds pertaining to this Agreement.
In the event of curtailment or non - production of said federal funds, the financial sources
necessary to continue to pay. the SUBRECIPIENT all or any portions of the funds will not be
available. In that event, the COUNTY may terminate this Agreement, which termination 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. There are no funds being
granted in association with 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
shal l pay al I 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
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The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorships of the Program, research reports and similar
public notices prepared and released by the SUBRECIPIENT for, on behalf of, and /or about the
Program shall include the statement:
"FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
DEPARTMENT"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team as well as
Equal Housing Opportunity to the general public. Construction signs shall comply with
applicable COUNTY codes.
3.8 DEFAULTS, REMEDIES AND TERMINATION
In accordance with 24 CFR 85.43, this Agreement may also be terminated for
convenience by either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth
the reasons for such termination, the effective date, and, in the case of partial tenninations, 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; or
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 tenns 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.
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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 CDBG
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;
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 and in addition to any and all other
remedies available to the COUNTY (whether under this Agreement or at law or in equity) the
SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of
termination (or expiration) and any accounts receivable attributable to the use of CDBG funds
per 24 CFR 570.503(b)(7).
The COUNTY's receipt of any funds on hand at the time of termination shall not waive
the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of
the funds or property, as the COUNTY may deem necessary.
3.10 INSURANCE
SUBRECIPIENT shall not commence any work and /or services pursuant to this
Agreement until all insurance required as outlined in Exhibit "A" has been obtained, and
carried, at all times during its performance.
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 1), the Uniform Administrative Requirements for Grants and
Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments
(24 CFR Part 85), and the federal regulations for the Community Development Block Grants (24
CFR 570 et seq.).
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3.12 PURCHASING
SUBRECIPI.ENT's are required to follow Federal Procurement regulations and Collier
County's purchasing thresholds.
All purchasing for services and goods, including capital equipment, shall be made by
purchase order or by a written contract and in conformity with the thresholds of Collier County
Purchasing Policy.
Purchasing Threshold Policy
Dollar Range ($ )
Quotes
Under $3K
1 Written Quote
$3K to $50K
3 Written Quotes
Above $50K
Request for Proposal (RFP)
Invitation for Bid (IFB)
3.13 PROGRAM - GENERATED INCOME
Any "Program Income" (as such term is defined under applicable Federal regulations)
gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the
COUNTY through an annual program income re -use plan, utilized by the SUBRECIPIENT and
shall be in compliance with 24 CFR 570.503(c) in the operation of the Program.
3.14 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout
requirements are completed. The County may close out the project with the SUBRECIPIENT
after the five (5) year 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 IX.B.4, the SUBRECIPIENT shall comply with Section 119.021 Florida
Statutes regarding records maintenance, preservation and retention. A conflict between state and
federal law records retention requirements will result in the more stringent law being applied
such that the record must be held for the longer duration. Any balance of unobligated funds
which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess
of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this
Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records
and information that complies with Section 215.97, Florida Single Audit Act.
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
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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
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
At least fifty -one percent (5I %) of the beneficiaries of a project funded through this Agreement
must be low- and moderate- income persons. If the project is located in an entitlement city, as
defined by HUD, or serves beneficiaries countywide, more than thirty percent (30 %) of the
beneficiaries directly assisted under this Agreement must reside in unincorporated Collier
County or in municipalities participating in the County's Urban County Qualification Program.
The project shall assist beneficiaries as defined above for the time period designated in Exhibits
"C and D" of this Agreement.
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 five year period and submitted to County within 30 days of update /modification.
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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 570.611 "Conflict
of Interest ", and the State and County statutes, regulations, ordinance or resolutions governing
conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its
employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximurn opportunity be provided for employment of and participation of low and moderate -
income residents of the project target area.
The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval
prior to entering into any contract with an entity owned in whole or in part by a covered person
or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY
may review the proposed contract to ensure that the contractor is qualified and that the costs are
reasonable. Approval of an identity of interest contract will be in the COUNTY's sole
discretion. This provision is not intended to limit SUBRECIPIENT's ability to self - manage the
projects using its own employees. Any possible conflict of interest on the part of the
SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however,
that this paragraph shall be interpreted in such a manner so an not to unreasonably impede the
statutory requirement that maximum opportunity be provided for employment of and
participation of low and moderate income residents of the project target area.
3.20 RELIGIOUS ORGANIZATIONS
CDBG funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 570.2000). 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 CDBG funds to support any
inherently religious activities, such as worship, religious instruction or proselytizing.
d. The funds shall not be used for the acquisition, construction or rehabilitation of
structures to the extent that those structures are used for inherently religious activities.
Where a structure is used for both eligible and inherently religious activities, CDBG
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funds may not exceed the cost of those portions of the acquisition, construction or
rehabilitation that are attributable to eligible activities in accordance with the cost
accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels,
or other rooms that a CDBG funded religious congregation uses as its principal place
of worship, however, are ineligible for CDBG funded improvements.
3.21 SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid,
such a detennination shall not affect the validity or enforceability of any other section or part
thereof.
Remainder of Page Intentionally Left Blank
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PART IV
GENERAL PROVISIONS
4.1 24 CPR 570 as amended- All the regulations regarding the CDBG program
htip: / /www.law.cornell.edu /cfi• /text /24 /part -570
4.2 24 CFR 58 - The regulations prescribing the Enviromnental Review procedure. Link:
http: / /www.ecfr.�,,ov /cgi- bin /te:xt-
idx? c= ecf' r& tpl=/ ecii •bro % n,se/Title24 /24efrS8_lnain 02.q21
4.3 Section 104(b) and Section 109 of Title 1 of the Housing and Community Development
Act of 1974 as amended
http : / /portal.huci,LOV /lluclportal /HUD' ?src= /program offices /fair 110usinnequal opp/FH
laws /109
4.4 The Fair Housing Act (42 U.S.C. 3601 -20) Reasonable Accommodations Under the Fair
Housing Act. )lttp: / /vN,�vw.hud.gov /of ices /flleo /libra.r , /h�_ �icidoistatement.12df
E.O. 11063 — Equal Opportunity in Housing
htip : / /portal.hud. =,ov /hudportal/]- IUD ?src = /program offices /fair housing equal opp /}.Il
Laves /FXO 11063
E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs
httn: / /ww w.al•chives.i-,ov/ federal - resister /codification /executive- order /1 ?O59.litmI
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.�)ov /Iludnoi,til/ HUD ?src = /program offices /fair hoL1S1111; equal opp /prong,
desc /title8
4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063
which prohibits discrimination and promotes equal opportunity in housing.
htip:H/ wN,v. ;po.gov /fdsys /pkg /CFR- 2007 - titl e24- vol3 /pdf /C1-"R- 2007- title24 -vol3-
sec570-602.pdf
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: 11ttp: / /Nvwv v.eeoc..Rov /eeoc /history /35th /thelaw /eo -1 1246.html
EO 11375 and 12086: see item #8 below
4.8 Title V11 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
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advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it
is an Equal Opportunity or Affirmative Action employer.
litti)://,Alww.ecoc.gov/IaNv,.;/statLites/titievii.efin
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 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 CDBG- funded project is located; where feasible, priority
should be given to low- and very low - income persons within the service area of the
project or the neighborhood in which the project is located, and to Iow- and very low -
income participants in other HUD programs; and award contracts for work undertaken in
connection with a housing rehabilitation (including reduction and abatement of lead -
based paint hazards), housing construction, or other public construction project to
business concerns that provide economic opportunities for low- and very low-income
persons residing within the metropolitan area in which the CDBG - funded project is
located; where feasible, priority should be given to business concerns that provide
economic opportunities to low- and very low - income residents within the service area or
the neighborhood in which the project is located, and to low- and very low- income
participants in other BUD programs.
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The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity
exists that would prevent compliance with these requirements. http: / /www.ecfr.gov /cpi-
bin/ text- idx ?c =cc.fi-& to l= /eefrbrowse /Title24 /24cfr135 main 02.tt>]
4.10 Age Discrimination Act of 1975, Executive Order 1.1063, and Executive Order 11246 as
amended by Executive Orders 11375, 11478, I2107 and 12086.
Age Discrimination Act of 1975 - ht :tp: / /\,vww.dol,gov /oasam /i•egs /statutes /age act.htm
11063:http•/ /portal hud aov /lhuciportaI /HUD'?src= /Program offices /fair housing equal o
pp /F1 -I Laws /EX01 1063
11246: littp: / /\vww.eeoc.,.to\,/eeoc /iiistory /35th /tlielaNv /eo -i 1246.htrnl
11375: Amended by EO 1 1478
11478: littp://www.ai-ciiives ,,ov/ federal - roister / codification /executive- order /11478.html
12107: littP' / /www archives ,L)�ov/ federal- registet- /codification /executive- order /12107.11tml
12086: http• / /w\k-w archives gov /fedet-al- register/ codification /executive- order /12086.iitmi
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327 -332.
http• / /usac-ee,ngineei-in paniniets2 tL3ub com /FI3- 1180- 1 -] /EP- 1180- 1- 10012.htm
4.12. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614
Subpart K.
Section 504: http: / /www,el)a .gov /civilriglits /sec5O4.htm
29 USC 776: http: / /IaNv,onecle .com /uscocie /29/776.litm1
24 CFR 570.614: lltti):/ /w'vt- m,.Iavv.comell.edu /cf'r /text /24/570.614
4.13 The Americans with Disabilities Act of 1990
http: / /www.fliwa. dot. gov /reaIestate /ua /i ndex.litm
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended. http: / /www.fhwa, dot .gov /reaIestate /ua /index.litm
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 CDBG. (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 by Loans or Grants from the United States -
http: //www.la\A-.cornel l.edtl /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://ww w. [aw•.corne I I.edu /cli• /text /29 /part -5
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Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects. hitp : / /www.iii- esidency,ucsb,edu /\� s /inclex,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
570.607, as revised by Executive Order 13279. The applicable non - discrimination
provisions in Section 109 of the HCDA are still applicable.
24 CFR 570.607: littp: / /www.gpo.gov /fidsys /plcp /CFR - 2010- title.24- vol3 /pdf/C'FR. -2010-
Lit le24- vol3- sec570- 608.ndf
E.O. 13279: http: / /ovcontracts.com /pe02- I92.htm
4.18 Public Law 100 -430 - the Fair Housing Amendments Act of 1988.
http:// wky\,v.ncbi.nlm.niii.eov /pubmed /12289709
4.19 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Non -Profit Organizations and
specified by the following subsections: Illtki://www.lqw.c.oriieII.eciti/cfr/text/24/12ai-t-84
Subpart A — General;
Subpart B — Pre -Award Requirements, except for 84.12, Forms for Applying for
Federal Assistance;
Subpart C — Post -Award Requirements, except for:
• Section 84.22, Payment Requirements- Grantees shall follow the standards of
85.20(b)(7) and 85.21 in making payments to SUBRECIPIENT's;
• Section 84.23, Cost Sharing and Matching;
• Section 84.24, Program Income — in lieu of 84.24 CDBG SUB.RECIPIENT's
shall follow 570.504;
• Section 84.25, Revision of Budget and Program Plans;
• Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENT's
shall follow 570.505;
• Section 84.34(g), Equipment — In lieu of the disposition provisions of 84.34(g)
the following applies:
■ in all cases in which equipment is sold, the proceeds shall be program
income (pro -rated to reflect the extent to which CDBG funds were
used to acquire the equipment); and
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■ Equipment not needed by the SUBRECIPIENT for CDBG activities
shall be transferred to the recipient for the CDBG program or shall be
retained after compensating the recipient;
• Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program
Performance;
• Section 84.52, Financial Reporting;
• Section 84.53(b), Retention and Access Requirements for Records. Section
84.53(b) applies with the following exceptions:
• The retention period referenced in 84.53(b) pertaining to individual
CDBG activities shall be three years; and
• The retention period starts from the date of submission of the annual
perfonnance and evaluation report, as prescribed in 24 CFR 91.520, in
which the specific activity is reported on for the final time rather than
from the date of submission of the final expenditure report for the
award;
o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG
SUBRECIPIENT's shall comply with 570.503(b)(7); and
Subpart D — After -the -Award Requirements — except for 84.7 1, Closeout Procedures
4.20 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local
Governments shall be followed for sub recipients that are governmental entities.
http://www.ecfr.gov/cgi- bin /text-
idx? c= ecfr& tpl= /eefrbrov,sefl'itle24 /24cti•85 main 021
pf
4.21 Immigration Reform and Control Act of 1986
littp: / /NVWW.000C. (ov /eeoc /h istory /35tH /thelav, /irca.litml
4.22 Prohibition Of Gifts To County Employees - No organization or individual shall offer or
give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value
to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier
County Ethics Ordinance No. 2004 -05, as amended, and County Administrative
Procedure 5311. Florida Statutes -
llttp: / /vr\Niw.Iawserver.com /law /state /florida /statutes /tlorida statutes chapter 112 part iii
Collier County -
http: / /bccsp0I /SiteDirectot•y /ASD /1 -IR/ labor /CMAs/ Shared %20Docurnents /CMA %20531
1.1 %20Standards %20o1T /o20Conduct.pdf
4.23 Order of Precedence - In the event of any conflict between or among the terms of any of
the Contract Documents, the terms of the Agreement shall take precedence over the terns
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.
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4.24 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).
4.25 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith
effort to resolve any such disputes by negotiation. Any situations when negotiations,
litigation and /or mediation shall be attended by representatives of SUBRECIPIENT with
full decision - making authority and by COUNTY'S staff person who would make the
presentation of any settlement reached during negotiations to COUNTY for approval.
Failing resolution, and prior to the commencement of depositions in any litigation
between the parties arising out of this Agreement, the parties shall attempt to resolve the
dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the
State of Florida. Should either party fail to submit to mediation as required hereunder,
the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes. The Iitigation 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.
littp: / /N,\,Nvw.flscnate.,�-ov /Laws /Statutes /2010/44.102
4.26 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. http: / /www. law. cornel l.edu /usc.od.e /text/42/7401
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
http: / /ww• v.law.cornell .edu /uscode /text/33 /chapter -26
4.27 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for
activities located in an area identified by FEMA as having special flood hazards, flood
insurance under the National Flood Insurance Program is obtained and maintained. If
appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which
would satisfy this requirement and /or reduce the cost of said flood insurance.
http: / /w �ww.ec I-r. nov/cgi- bin /text-
idx ?c =ecfr& SID= cba44bdb52822d80827a48bced5bOb56 &rim =d iv8 &view= text&:nocle =2
4:3.1.1.3.4.1 1.1.6 &idno =24
4.28 The SUBRECIPIENT agrees that any construction or rehabilitation of residential
structures with assistance provided under this contract shall be subject to HUD Lead -
Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K.
http: / /www.ecfr.gov/cgi- bin /text-
idx ?c =ecfr&. SID= eba4Obcib52872 d80827a48bced5bOb56 &i -,Di =div8 &vieNv= text &node =2
4:3.1.1.3.4. l 1.1.9 &idno =24
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4.29 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set
forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and
the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation
Procedures for Protection of Historic Properties, insofar as they apply to the performance
of this agreement.
littR: / /www.nps.2ov /history /local - law /nlrpa 1966.htm
littp: / /xv\A,tv.ecfi•.,-�ov /cgi -bin /text-
idx? c= ecfi- &tpl= /eerrbrowsell'itle36/ )6cfr800 main 02.tpl
in general, this requires concurrence from the State Historic Preservation Officer for ail
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 /liistory /local- la%v /nllpa 1966.htm
4.30 The SUBRECIPIENT must certify that it will provide drug -free workplaces in
accordance with the Drug -Free Workplace Act of 1988 (41 USC 701).
littp:Hus -code vlex coin/vid /drug - free- workpl ace - requirements- contractors - 19242870
4.31 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal Department or agency; and, that the
SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered
transaction, with a person who is similarly debarred or suspended from participating in
this covered transaction as outlined in 24 CFR 570.609, Subpart K.
http: / /N�,ww.ecfr.,.yov /cgi - bin /text-
idx ?e. ecfi•& SID= eba4Obdb52822d8O827a48liced5bOb56 &r(n =div8 &view= text &node =2
4:3.1.1.3.4.1 1.1. I 0 &idno =24
4.32 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is
applicable, and agrees to adhere to the accounting principles and procedures required
therein, utilize adequate internal controls, and maintain necessary source documentation
for all costs incurred.
States local governments and Indian Tribes follow:
• A -87 for Cost Principles
• A -102 for Administrative Requirements
Educational Institutions (even if part of a State or local government) follow:
• A -21 for Cost Principles
• A -110 for Administrative Requirements
Non - Profit Onzanizations follow:
• A -122 for Cost Principles
• A -110 for Administrative Requirements
OMB Circular A87: http: #www.wliitchouse.Qov /omb /circulars aO87 2004/
OMB Circular A102:littp://www.wliiteliOLIse.gov/omb/cit-CLilars 1102/
OMB Circular A21:litti)://www.whitchOLISC.gov/oiilb/cii-culai-s a021 2004/
OMB Circular Al10:htte// \vw.whitehouse.aov /omb /circulars al10/
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OMB Circular A] 22: httl):Hw`vN wliitelic)use.,clov /omb /ciI•crllars a 122 2004/
4.33 Audits shall be conducted annually and shall be submitted to the COUNTY one hundred
eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The
SUBRECIPIENT shall comply with the requirements and standards of OMB A -133,
Audits of States, Local Governments, and Non-Profit Organizations. If this Agreement is
closed out prior to the receipt of an audit report, the COUNTY reserves the right to
recover any disallowed costs identified in an audit after such closeout.
http : / /\v�+--\Nl.\- vhitehouse.cov /omb /circufai's /al 3 COIIII)liance supplement 2011
Clarification of Eligible Audit Costs
The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the
cost certification of costs performed by a certified public accountant. This has always
been an eligible cost; the amendment clarifies and codifies this.
httl. .) : /h- vw%v,IaNv.coriielI.edu /cfr /text /24/92 206
4.34 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the
projects stated herein, and approved by the COUNTY in accordance with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 . and 49 CFR
24.101, shall be subject to the provisions of CDBG including, but not Iimited to, the
provisions on use and disposition of property. Any real property within the
SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG
funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505.
http: / /www.fiwa. clot .,gov /realestate /ua /ituiex.litm
http: / /www.law.cot-nell.edu /cfr /text /49/24. I Of
http : / /cfr.v lex.com /vid /570 -505- use - real - property -1992 8754
4.35 As provided in § 287.133, Florida Statutes by entering into this Agreement or performing
any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates,
suppliers, subcontractors and consultants who will perform hereunder, have not been
placed on the convicted vendor list maintained by the State of Florida Department of
Management Services within the 36 months immediately preceding the date hereof. This
notice is required by § 287.133 (3) (a), Florida Statutes.
littp: / /w«nv.lawset-vet-.com /law /state /florida /statutes /florida statutes 21,7 -133
4.36 No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making *of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
UNITED CEREBRAL PALS)' Or SW FLORIDA, INC.
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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
SUBRCCIPICNT's shall certify and disclose accordingly.
4.37 Travel reimbursement will be based on the U.S. General Services Administration (GSA)
per diem rates in effect at the time of travel.
4.38 Any rule or regulation determined to be applicable by HUD.
4.39 Florida Statutes 713.20, Part 1, Construction Liens
http• / /NvwN leg state fl us /Statutes /index cfm?Ai mode =Qisplav Statute&URL=0700-
0799/0713/0713.11tm 1
4.40 Florida Statutes 119.021 Records Retention
litt )1 / /",Nv fawservei- com/ law / state /floricia /statutes /ilorida statutes 119-021
4.41 Florida Statutes, 119.071, Contracts and Public Records
httt): / /www.IefI.State.fl.us/ Statutes /index..cf'm ?Al)p mode = Display Statute&URL=0100-
0199/01 19 /Sections /01 19,07.htm I
(Signature Page to Follow)
UNITED CEREBRAL PALSY OF SW FLORIDA, INC.
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IN WITNESS WHEREOF, the SUBRECIPIENT and the County, have each,
respectively, by an authorized person or agent, hereunder set tlleir hands and seals on the date
first written above.
ATTEST:
DWIGHT E. BROCI(, CLERK
Dated:
, Deputy Clerk
(SEAL)
Approved as to form and legality:
BO,-UW OF COUNTY COMMISS1ONEIIS OF
COLLIER COUNTY, FLORIDA
By:
TOM HENNING, CHAIRMAN
UNITED CEREBRAL PALSY OF SOU'i"i -iWEST
FLORID C.
By:
J rtes G. �Jeeks, PhD /Chief Financial . fficer
o V
Jennifer A. Belp , 'o el-11 -60
Assistant County omey 'v
UNITED CGREMULL PALSY OF SW FLORIDA, INC.
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✓
�l/ess
tt 6 6e
Name and Title
Name and Title
Approved as to form and legality:
BO,-UW OF COUNTY COMMISS1ONEIIS OF
COLLIER COUNTY, FLORIDA
By:
TOM HENNING, CHAIRMAN
UNITED CEREBRAL PALSY OF SOU'i"i -iWEST
FLORID C.
By:
J rtes G. �Jeeks, PhD /Chief Financial . fficer
o V
Jennifer A. Belp , 'o el-11 -60
Assistant County omey 'v
UNITED CGREMULL PALSY OF SW FLORIDA, INC.
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PART V
EXHIBITS
EXHIBIT "A"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran
Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of
Insurance evidencing insurance coverage that meets the requirements as outlined below:
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 I — 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 i — 4 above, the SUBRECIPIENT shall provide or
cause its Subcontractors to provide original certificates indicating the following types of
insurance coverage prior to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount
not less than one hundred (100 %) percent of the insurable value of the buildings)
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or structure(s). The policy shall be in the name of Collier County and the
SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973
(42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in
an area identified by the Federal Emergency Management Agency (FEMA) as
having special flood hazards, flood insurance under the National Flood Insurance
Program is obtained and maintained as a condition of financial assistance for
acquisition or construction purposes (including rehabilitation).
OPERA TION /MANAGF,MENT 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°/x) 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.
UNITED CEREBRAL PALSY OF SW FLORIDA, INC.
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EXHIBIT "B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Sub recipient Name: United Cerebral Palsy of Southwest Florida, Inc. (UCP}
Sub recipient Mailing Address: 9040 Sunset Drive, Miami, FL 33173
Project Name: United Cerebral Palsy Transportation Services
Agreement No: CD14 -05PS Payment Request 4
Total Payment Minus Retainage: $
Period of Availability: through
Period for which Agency has incurred indebtedness: throw h
1 certify that this request for payment has been drawn in accordance with the terms and conditions
of the Agreement between the COUNTY and us as the SUBRECIPI.ENT. To the best of my knowledge
and belief, all grant requirements have been followed.
Signature
Title
Grant Coordinator
Supervisor
Dept Director
Date
Grant Accountant
(approval required $15,000 and above)
(approval required $15,000 and above)
UNITED CEREBRAL PALSY OF SW FLORIDA, INC.
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SECTION II: STATUS OF FUNDS
1.
Grant Amount Awarded $
2.
Sum of Past Claims Paid on this Account $
3.
Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account $
4.
Amount of Previous Unpaid Requests $
5.
Amount of Today's Request $
6.
10% Retainage Amount Withheld
7.
Current Grant Balance (Initial Grant Amount
Awarded Less Sum of all requests) $
1 certify that this request for payment has been drawn in accordance with the terms and conditions
of the Agreement between the COUNTY and us as the SUBRECIPI.ENT. To the best of my knowledge
and belief, all grant requirements have been followed.
Signature
Title
Grant Coordinator
Supervisor
Dept Director
Date
Grant Accountant
(approval required $15,000 and above)
(approval required $15,000 and above)
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• EXHIBIT "C"
REPORTING SCHEDULE
9/23/2014 16.D.1.
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 1 "— December 31
January 10`
January 31 "— March 31 "'
Aril 10`
April I" —June 30"
Jul 10
Jul 1" — September 30"
October 10"
Date Submitted:
Activity Reporting Period:
Contact Person:
Telephone:
SUBRECIPIENT AGREEMENT
TRANSPORTATION SERVICES
Email:
GENERAL
I. 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?
UNITED CEREBRAL PALSY Of SIV FLORIDA, INC.
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3. Obstacles —describe any potential obstacles, challenges, or issues that may cause delay.
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.
A.ctivit 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% AMT)
White
No. Very-Low Income Households (31 -50% AMI
No. Low - Income Households (51 -80% AM
No. Moderate - income Households (81 -120% AMI)
Asian
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
UNITED CEREBRAL PALSY OFSw FLORIDA, INC.
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EXHIBIT "D"
QUARTERLY PERFORMANCE REPORT DATA
GENERAL
9/23/2014 16.D.1.
Grantee is required to Submit to HUD, through the Integrated Disbursement and Information
System ( "IDIS ") Performance Reports. The County reports information on a quarterly basis. To
facilitate in the preparation of such reports, Subrecipient shall submit the information contained
herein within ten (10) days of the end of each calendar quarter.
QUARTERLY PROGRESS REPORT
Sub- recipients: Please fill in the following shaded areas of the report
Agency Name: iihited Cerebral Palsy .0 Southwest Florida, Inc. Date:
Project Title:
Please take note: Each quarterly report needs to include cumulative data beginning from the start of the agreement date.
Please list the outcome goal(s) from your approved application & sub- recipient agreement and indicate your progress in meeting
those goals since the beginning of the agreement.
B. Goal Progress: Indicate the progress to date in meeting each outcome goal.
UNITED CEREBRAL PAt SY OF SW FLORIDA, INC.
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4
3.
a.
b.
C.
Is this project still In compliance with the .orlginal ,praiectschedule ? :If more.than 2 months behind schedule, must submit a now
timeline for:approvai.
Yes No
If no, explain:
Since October 1, 2012, of the persons assisted, how many....
4. 1 What
Section 106 Loan Guarantee
Other Consolidated Plan Funds
Other Federal Funds
State I Local Funds
Total Other Funds
UNITED CEREBRAL PALSY OF S'%V FLORIDA, INC.
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HOPWA
CDBG
ESG
HOME
Total
Entitlement $
Funds -
7_
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9/23/2014 16.D. I.
6. What is the total number of UNDUPLICATED clients served this quarter, if applicable?
a. Total No. of adult females served: 0 `.: 'Total No. of females served under 18: 0
b. Total No. of adult males served: 0. i:: `. Total No, of males served under 18: 0
TOTAL: 0 TOTAL: 0
c. Total No. of families served: 0 :' ?1 Total No. of female head of household:
6, 1 What is the total number of UNDUPLICATED clients served since October, If a licable?
a. Total number of adult females served 0.;?.t 6':'Total number of females served under 18: O
b. Total number of adult males served: 0':': >' Total number of males served under 18: D '.
TOTAL: 0 TOTAL: 0
G. Total No. of families served: 0 Total No. of female head of household: 0
Complete EITHER question #7 OR #8. Complete question #7 if your program only serves clients in one or more of the listed HUD Presumed
Benefit categories. Complete question #8 if any client In your program does not fall Into a Presumed Benefit category.
DO NOT COMPLETE BOTH QUESTION 7 AND S.
7. 1 PRESUMED BENEFICIARY DATA: 8. OTHER BENEFICIARY :DATA: INCOME RANGE
Indicate the total number of rrND1JPL1CArF0 indicate the total number of 1 1NDIlPl ICATEn persons
persons served since October I who fall Into
each presumed benefit category (the total served since October 7 who fall Into each income
category (the rotal should equal the totel in question #6)
should equal the total in question #61:
Report as:
0..:,:..,'.'_.,Abused
Children
D,.d; .
Homeless Person
O
Battered Spouses
O -:
Persons w/ HIV /AIDS
0,., =>
Elderly Persons
0
Veterans
D
Chronically/ Mentally III
O
Physically Disabled Adults
0...
"` Other -Youth
TOTAL: 0
TOTAL:
Report as:
FAremey low Income (0 -30 %)
0 ;`Low Income (31 -50 %)
q ;Moderate Income (51 -80 %)
t): :,Above Moderate Income (>80 %)
TOTAL: 0
9. 1 Racist & Ethnic Data: (if applicable)
Please indicate how many UNDUPLICATED clients served since October fall into each race category. in addition
to each race category, please indicate how many persons in each race category consider themselves Hispanic
(Total Race column should equal the total cell).
RACE ETHNICITY
White
of whom, how many are Hispanic?
Black/African American
D,.d; .
Asian-
of whom, how many are Hispanic?
American Indian /Alaska Native
O -:
Native Hawaiian/Other Pacific Islander ......_.,
0,., =>
American Indian /Alaskan Native & White
0
Black/African American & White ,...
W::
Am. Indian/Alaska Native & Black/African Am.
0
Other Multi- racial
0 '`
Other .......
D
TOTAL:
0
Name:
Title:
UNITED CEREBRAL PALSY OF SW FLORIDA, INC.
CDBC CD14 -05PS
TRANSPORTATION SERVICES Page 36 of 40
Signature:
Your typed name here represen s your a ec romc
signature
5
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of whom, how many are Hispanic?
of whom, how many are Hispanic?
of whom, how many are Hispanic?
of whom, how many are Hispanic?
0
' ; of whom, how many are Hispanic?
A
of whom, how many are Hispanic?
of whom, how many are Hispanic?
D
; of whom, how many are Hispanic?
of whom, how many are Hispanic?
of whom, how many are Hispanic?
0
TOTAL HISPANIC
UNITED CEREBRAL PALSY OF SW FLORIDA, INC.
CDBC CD14 -05PS
TRANSPORTATION SERVICES Page 36 of 40
Signature:
Your typed name here represen s your a ec romc
signature
5
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EXHIBIT "E"
INCOME CERTIFICATION
INSTRUCTIONS
9/23/2014 16.D.1.
Complete form, and retain appropriate supporting documentation, prior to document providing
CDBG assistance to an eligible beneficiary. Please file in your organization's records and have
on hand for future monitoring visits.
Effective Date:
A. Household Information
Member Names — All Household Members ( Relationship Age
I
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)
b)
Total Income from Assets BF
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)
UNITED CEREBRAL PALSY Or SW FLORIDA, INC.
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C. Anticipated Annual Income: Includes Unearned Income and Support Paid on
Behalf of Minors
Member
Wages /
Benefits /
Public
Other
Salaries
Pensions
Assistance
Income
(include tips,
commissions,
Asset
bonuses, and
Income
overtime)
I
(Enter the
2
greater of
box B(b) or
3
box B(c),
4
above, in
5
box C(e)
6
below)
7
8
(a)
(b)
(c)
(d)
(e)
Totals
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
incorne for eligibility. 1 /we 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
Adult Household Member (if applicable)
Adult Household Member (if applicable)
UNITED CEREBRAL PALSY Or SW FLORIDA, INC.
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Date
Date
Date
9/23/2014 16.D.1.
E. CDBG 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 CDBG Program. The family or individual(s) constitute(s) a:
Very -Low Income (VLI) 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 $ }.
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 $ }.
Moderate- Income (MOD) Household means and individual or family whose
annual income does not exceed 80 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 CDBG 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 -
His anic
NOTE: Information concerning the rate or ethnicity of the occupants is being gcdhered for statistical use only No beneficiary 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 to the CDRG progrmn.
UNITED CEREBIL \L PALSY OFSw FLORIDA, INC.
CDBG CD14 -(15PS
TI ANSPORTATION SERVICES Page 39 of 40
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9/23/2014 16.D.1.
EXHIBIT "F"
ANNUAL AUDIT MONITORING REPORT
OMB Circular A -133 Audits of States, Local Govemments, and Non-Profit Organizations requires the Collier
County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards
and determine whether they have met the audit requirements of the circular and whether they are in
compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the
following, provide all appropriate documentation regarding your organization's compliance with the audit
requirements, sign and date this form.
Subrecipient Name
Fiscal Year
Period
Total State Financial Assistance Expended during
$
most recently completed Fiscal Year
Total Federal Financial Assistance Expended during most
$
recently completed Fiscal Year
Check Appropriate Boxes
We have exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending
❑
as indicated above and have completed our Circular A -133 audit. A copy of the audit report
and management letter is attached.
We exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending as
❑
indicated above and expect to complete our Circular A -133 audit by . Within
30 days of completion of the A -133 audit, we will provide a copy of the audit report and
management letter.
❑
We are not subject to the requirements of OMB Circular A -133 because we:
❑ Did not exceed the $500,000 federal /state expenditure threshold for the fiscal year
indicated above
❑ Are exempt for other reasons — explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
to nnam s were notea, piease enclose a copy or the responses ana corrective action plan.)
Certification Statement
1 hereby certify that the above information is true and accurate.
Signature I Date
Print Name and Title
This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements.
UNITED CEREBRAL PALSY Or SW FLORIDA, INC.
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TRANSPORTATION SERVICES Page 40 of 40
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THE HUD SUBSTANTIAL AMENDMENT
TO THE
FY2013 -2014 HUD ACTION PLAN
THE SHELTER FOR ABUSED WOMEN AND CHILDREN - SHELTER
OPERATIONS (ESG)
Jurisdiction(s): Collier County, Naples
Lead Agency: Collier County
Jurisdiction Web Address: www.colliergov.net
(URL where ESG Substantial Amendment
materials are posted)
ESG Contact Person: Elly Soto McKuen
Address: 3339 E. Tamiami Trail, Suite 211,
Naples, FL 34112
Telephone: (239) 252 -2664
Fax: (239) 252-2664
Email: ellymckuen@colliersov.net
The FY2013 -2014 HUD Action Plan, approved by the Board of County Commissioners (BCC) on August 13, 2013 at an
absentia meeting and ratified on September 10, 2013 meeting is hereby amended as follows:
Words Stmek Thr-eugh are deleted; Words Underlined are added:
AMEND PROJECT INFORMATION SHEET (Page 57):
Project: The Shelter for Abused Women and Children
Project Scope: Fund salary support of Security Coordinator, a*d utilities and include phone and internet, insurance cost
necessary for the operation of the emergency shelter, security system expenses and food to be purchased and provided for
the Qersons to be served in order to operate the Shelter to serve abused women and children
Funding amount: $79,584
Matrix Code: 05G Battered and Abused Spouses 570.201(e)
Project Level Accomplishment: 500 people
Project Outcome: Public Facilities
Packet Page -2394-
9/23/2014 16.D.1.
THE HUD SUBSTANTIAL AMENDMENT
TO THE
FY2014 -2015 HUD ACTION PLAN
HABITAT FOR HUMANITY — RE -ROOF PROJECT (CDBG), LEGAL AID SERVICES
OF COLLIER COUNTY — LEGAL SERVICES (CDBG), DAVID LAWRENCE
CENTER — COMMUNITY ACCESS PROGRAM (CDBG), THE SHELTER FOR
ABUSED WOMEN AND CHILDREN — SHELTER IMPROVEMENTS (CDBG),
DIRECT HOMEOWNERSHIP ASSISTANCE (CDBG), COMMUNITY ASSISTANCE
AND SUPPORTIVE LIVING — REHA.BILITATION (HOME), THE SHELTER FOR
ABUSED WOMEN AND CHILDREN — SHELTER OPERATIONS (ESG)
Jurisdiction(s): Collier County, Naples CDBG, HOME and ESG Contact Person: Elly Soto
Lead Agency: Collier County McKuen
Jurisdiction Web Address: www.colliergov.net Address: 3339 E. Tamiami Trail, Suite 211,
(URL where CDBG, HOME and ESG Substantial Naples, FL 34112
Amendment materials are posted) Telephone: (239) 252 -2664
Fax: (239) 252-2664
Email: ellymckuen(@cglliergoy.net
The FY2014 -2015 HUD Action Plan approved by the Board of County Commissioners (BCC) on June 24, 2014 and is
hereby amended as follows:
Words Stmek Thr-ett are deleted; Words Underlined are added:
ADD NEW PROJECT (PAGE 2):
The proposed One Year Action Plan for fiscal year 2014 -2015 includes the following projects and the approximate
funding amounts. fir-is
Pir ect/Or ahiaatio t Lbeatiori. _ Desert ion Irundtn T.
Housing, Human and Countywide Direct Up to $150,000 CDBG
Veteran Services homeownership
assistance
Note: The remaining pages of the Action Plan are also amended to reflect project changes /amendment/modification as
applicable.
AMEND PROJECT INFORMATION SHEET (Page 41):
,'roject: Habitat for Humanity — Re -Roof
GQ'
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Project Scope: Fund the re air and replacement of 22 roofs for low income homeowners within speeifie Census Tfa
identified as Low Medefate Areas.
Funding Amount: $240,000
Matrix Code: 14A Rehab; Single -Unit Residential 570.202
Project Level Accomplishment: 22 households
Project Outcome: Owner Occupied Housing
AMEND PROJECT INFORMATION SHEET (Page 43):
Project: Legal Aid Service of Collier County — Legal Support
Project Scope: Fund 1 FT Attorney, 1 PT Attorney and 1 FT Paralegal to provide legal services €ef to victims of domestic
violence, sexual assault, dating violence, repeat violence, child abuse, elder abuse and other abuses, and conduct outreach
sessions.
Funding Amount: $72,100
Matrix Code: 05C Legal Services 570.201(e)
Project Level Accomplishment: 230 166 People
Project Outcome: Public Services
AMEND PROJECT INFORMATION SHEET (Page 44):
Project: David Lawrence Center — Community Access Administrative Services Program
Project Scope: Fund 2 FT Benefits Managers, partial salary for Quality Improvement and Program Support Director,
purchase and set up of computer kiosks at various David Lawrence Center location
Funding Amount: $89,802
Matrix Code: 050 Mental Health Services 570.201(e)
Project Level Accomplishment: 488 300 People
Project Outcome: Public Services
AMEND PROJECT INFORMATION SHEET (Page 46):
Project: The Shelter for Abused Women and Children — Shelter Improvements
Project Scope: Fund shelter improvements to include, but not limited to: roof membrane, painting and stucco repair of
exterior and surrounding walls, fencing, and climate control improvements to the IT server room.
Funding Amount: $150,000
Matrix Code: 03C Homeless Facilities (not operating costs) 570.201(c)
Project Level Accomplishment: 1 Public Facility
Project Outcome: Public Facilities
ADD PROJECT INFORMATION SHEET (Page 46a):
Project: Direct Homeownership Assistance
Project Scope: Provide direct homeownership assistance (HHVS staff to qualify individuals and administer the program)
to improve home affordability.
Funding amount: Up to $150.000
Matrix Code: 13- Direct Homeownership Assistance
Project Level Accomplishment: As therd-ts aail�bility,_up to 7rhouseholds
Project Outcome: Direct Homeownership Assistance
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AMEND PROJECT INFORMATION SHEET (Page 49):
2roject: Community Assistance and Supportive Living — Multi Family Rehabilitation
Project Scope: Partial funding for building rehabilitation and environmental Feview of multi - family housing for persons
with disabilities
Funding Amount: $60,000
Matrix Code: 14B Rehab; Multi -Unit Rehabilitation 570.202
Project Level Accomplishment: 8 People
Project Outcome: Rental Housing
AMEND PROJECT INFORMATION SHEET (Page 54)
Project: The Shelter for Abused Women and Children
Project Scope: Fund salary support of Security Coordinator, and utilities and include phone and internet, insurance cost
necessary for the operation of the emergency shelter, security system expenses, and food to be purchased and provided for
the persons to be served in order to operate the Shelter to serve abused women and children
Funding amouni".1 64.
Matrix Code: 05G Battered and Abused Spouses 570.201(e)
Project Level Accomplishment: 500 people
Project Outcome: Public Facilities
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