Agenda 06/25/2019 Item #16D 1 (HUD Entitlement Agreements)06/25/2019
EXECUTIVE SUMMARY
Recommendation to authorize the Chairman to sign the standard U.S. Department of Housing and
Urban Development (HUD) entitlement agreements upon arrival; approve and authorize the
Chairman to sign fifteen (15) subrecipient agreements for activities previously approved in the FY
2019-2020 Action Plan for the Community Development Block Grant (CDBG), HOME Investment
Partnership (HOME), and Emergency Solutions Grant (ESG) Programs; and authorize the
necessary Budget Amendments, in the amount of $3,649,150, for the HUD Fiscal Year 2019-2020
budget as approved in the HUD Action Plan for entitlement funds. (This item is a companion to
Agenda Item 16.D.2)
OBJECTIVE: To accept and expend federal funds to assist the citizens of Collier County.
CONSIDERATIONS: HUD offers entitlement funds to allow local governments to meet program-
specific community needs. CDBG funds a wide variety of projects such as infrastructure, acquisition,
public services, and public facility rehabilitation. HOME funds rental assistance, new housing
construction, and rehabilitation of single and multi-family homes. ESG funds homeless programs.
On June 28, 2016, the Board of County Commissioners (Board) approved the County’s Five -Year
Consolidated Plan for use of entitlement funds for the period of FY 2016-2021. The FY 2019-2020
Annual Action Plan is a companion item for the Board approval on June 25, 2019 Meeting (Agenda
Item #9175) with the following funding:
FY 2019-2020 Allocations
CDBG HOME ESG Total
Award $2,500,693 $633,746 $200,352 $3,334,791
Program Income $222,988 $36,971 $0 $259,959
Prior Year
Resource
$297,576 $932,693 $0 $1,230,269
$3,021,257 $1,603,410 $200,352 $4,825,019
The companion item approving the 2019-2020 Action Plan outlined the following activities and funding:
Organization FY 2019-2020
Funding
Purpose
CDBG
Youth Haven $35,531 Disaster Mitigation
Youth Haven $317,207 Odorzzi Cottage Rehabilitation
City of Naples $108,450 12th St Sidewalk
Immokalee CRA $476,365 Sidewalks - South Immokalee
Bayshore CRA $300,000 Fire Suppression - Phase 3
Immokalee Fire Control District $311,646.57 Design and Engineering of the new station
BCC-Stormwater Management $80,000 Design of Naples Manor stormwater,
streetlight, and sidewalk project
BCC- Facilities Management $90,000 Building Improvement - Senior Center
Shelter for Abused Women &
Children
$182,217 Restroom Renovations
Legal Aid Services of Collier County $200,000 Renovations/Roof Repair
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CDBG Public Services
Legal Aid $180,104 Services to Victims
United Cerebral Palsy $75,000 Transportation Services for Disabled
Persons
Children's Advocacy Center $75,000 Family Safety Program
Boys & Girls Club-
Immokalee/Naples
$45,000 Transportation Services for Youth
ESG
Shelter for Abused Women and
Children
$114,286 Shelter Operations
Hunger & Homeless Coalition of
Collier County
$40,000 Homeless Management Information
System (HMIS)
NAMI (National Alliance for the
Mentally Ill)
$31,040 Rapid Re-Housing of Homeless Persons
The agreements for funding of County projects are in the form of a Memorandum of Understanding to
document grant requirements as required by HUD. Three (3) HOME-funded activities involving housing
construction, rehabilitation, and tenant-based rental assistance will be brought to the Board at a future
date after credit underwriting and other HUD requirements have been completed.
The Community and Human Services Division (CHS) is requesting the Board authorize the Chairman to
execute the fifteen (15) subrecipient agreements. The agreement period of performance will commence
October 1, 2019, and eligible expenditures will be reimbursed from October 1, 2019, forward. No federal
funds will be reimbursed for any subrecipient agreement until the HUD entitlement agreements are signed
by the Board Chairman and the subrecipient receives a notice to proceed.
Staff has completed a compatibility analysis between the Consolidated Plan, the subrecipient’s grant
application, the FY 2019-20 Action Plan, the priority needs categories, and the subrecipient’s scope of
work. Staff confirms that the projects are compliant with the Consolidated Plan and the FY 2019 -2020
HUD Annual Action Plan. Board approval of the subrecipient agreements confirms the basis upon which
payment is to be made; only to change thereafter by Board approved a substantial amendment and/or
contract amendment, if needed.
CHS operates its Federal grant cycle from October 1 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 the primary funding source used to support CHS staff that administers the CDBG, HOME, and ESG
funds to the sub-recipients.
HUD funds are available October 1, 2019, for fiscal year October 1, 2019, to September 30, 2020.
However, due to HUD’s internal administrative processes, we do not know when we will receive the
requisite entitlement agreements. By approving this item, the Chair will have the authorization to sign the
funding agreements and staff will have the ability to draw down these funds for administration.
FISCAL IMPACT: The HUD grant agreements of $3,334,791, projected program income of $259,959,
and prior year resources of $1,230,269 for a total of $4,825,019 will allow CHS to administer, implement,
and monitor the projects outlined in the FY 2019-2020 Annual Action Plan. Costs associated with grant
administration and staffing are primarily covered by the entitlement funding with a required match
contribution for the ESG Program ($54,400).
Projects are established as CDBG 33631, HOME 33632 and ESG 33633. Budget Amendments are
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required in the amount of $2,723,681 for CDBG, $670,717 for HOME, and $200,352 for ESG within
Housing Grant fund (705). The related match amount of $54,400 will be available within FY2020
Housing Grant Match (706) Reserves funded by the General Fund. A Budget Amendment in the amount
of $54,400 is required in FY2020 to appropriate the reserve amount of $54,400 to ESG Project (33633).
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. The subrecipient agreements are back-up to this item. This item is approved as to form and legality
and requires a majority vote for approval. -JAB
GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this amendment will
further the Goals, Objectives, and Policies of the Housing Element of the Growth Management Plan.
RECOMMENDATION: To authorize the Chairman to sign the standard HUD entitlement agreements
upon arrival; approve and authorize the Chairman to sign fifteen (15) subrecipient agreements for
activities previously approved in the FY 2019-2020 Action Plan for the CDBG, HOME, and ESG
Programs; and authorize the necessary Budget Amendments, in the amount of $3,649,150, for the HUD
Fiscal Year 2019-2020 budget as approved in the HUD Action Plan for entitlement funds.
Prepared By: Cormac J. Giblin; Manager - Housing, Grant Development, and Operations; Community
and Human Services Division
ATTACHMENT(S)
1. [Linked] Signed Agreements for FY 2019-2020 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.1
Doc ID: 9188
Item Summary: Recommendation to authorize the Chairman to sign the standard U.S.
Department of Housing and Urban Development (HUD) entitlement agreements upon arrival; approve
and authorize the Chairman to sign fifteen (15) subrecipient agreements for activities previously approved
in the FY 2019-2020 Action Plan for the Community Development Block Grant (CDBG), HOME
Investment Partnership (HOME), and Emergency Solutions Grant (ESG) Programs; and authorize the
necessary Budget Amendments, in the amount of $3,649,150, for the HUD Fiscal Year 2019-2020 budget
as approved in the HUD Action Plan for entitlement funds. (This item is a companion to Agenda Item
16.D.2)
Meeting Date: 06/25/2019
Prepared by:
Title: – Community & Human Services
Name: Susan Golden
06/03/2019 11:02 AM
Submitted by:
Title: Manager - Federal/State Grants Operation – Community & Human Services
Name: Kristi Sonntag
06/03/2019 11:02 AM
Approved By:
Review:
Community & Human Services Leslie Davis Additional Reviewer Completed 06/03/2019 12:15 PM
Community & Human Services Cormac Giblin Additional Reviewer Completed 06/03/2019 12:47 PM
Community & Human Services Jose Alvarado Additional Reviewer Completed 06/03/2019 5:02 PM
Community & Human Services Maggie Lopez Additional Reviewer Completed 06/04/2019 11:32 AM
Community & Human Services Kristi Sonntag CHS Review Completed 06/05/2019 1:26 PM
Public Services Department Joshua Hammond Level 1 Reviewer Completed 06/07/2019 7:58 AM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 06/07/2019 1:35 PM
Grants Erica Robinson Level 2 Grants Review Completed 06/11/2019 8:45 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 06/11/2019 11:14 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/17/2019 11:56 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/17/2019 12:04 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/17/2019 2:17 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 06/17/2019 3:55 PM
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Grants Therese Stanley Additional Reviewer Completed 06/18/2019 10:15 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 06/18/2019 1:38 PM
Board of County Commissioners MaryJo Brock Meeting Pending 06/25/2019 9:00 AM
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FAIN #
B -19 -UC -12-0016
Federal Award Date
Est. 10/2019
Federal Award Agency
HUD
CFDA Name
Community
Development Block
Grant
CFDA/CSFA#
14.218
Total Amount of Federal
Funds Awarded
$35,531
Subreci lent Name
Youth Haven, Inc.
DUNS#
077283349
FEIN
23-7065187
R&D
No
Indirect Cost Rate
No
Period of Performance
10/1/2019-04/30/2021
Fiscal Year End
6/30
Monitor End:
04/30/2026
AGREEMENT BETWEEN COLLIER COUNTY
0011111- I : / VA D1`►AI►[M
THIS AGREEMENT is made and entered into this _ day of 20� by and between Collier
County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal
address at 3339 E Tamiami Trail, Naples FL 34112, and Youth Haven, Inc, ("SUBRECIPIENT"), having
its principal office at 5867 Whitaker Road Naples, Fl. 34112.
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 2019-2020 for the CDBG Program with
Resolution 2019- on June 2019 —Agenda Item ; and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans, the County advertised the 2018/2019 Annual
Action Plan, on May 24, 2019, with a 30 -day Citizen Comment period from May 24, 2019 to June 25,
2019; 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 the undertaking the CDBG CD19-05 Youth Haven Disaster Mitigation .
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NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
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 provided herein and, as determined by Collier County
Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as
follows:
Project Name: Youth Haven Disaster Mitigation
Description of project and outcome:
CHS, as administrator of the CDBG program, will make available CDBG funds up to the gross amount of
$35,531 to Youth Haven, Inc. to fund:
Purchase materials and perform related construction/installation activities for disaster mitigation project
including but not limited to water/sewer and emergency power upgrades.
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, if applicable.
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty (60) calendar days of the execution of this agreement, the SUBRECIPIENT
must deliver to CHS for approval a detailed project schedule for the completion of the
project, excluding Public Service projects.
B. The following resolutions and policies must be submitted by SUBRECIPIENTS within
sixty (60) days of this agreement:
® Affirmative Fair Housing Policy
® Affirmative Action/ Equal Opportunity Policy
® Conflict of Interest Policy
® Procurement Policy
❑ Uniform Relocation Act Policy
® Sexual Harassment Policy
® Procedure for meeting the requirements set forth in Section 3 of the Housing and
Urban Development Act of 1968, as amended (12U.S.C. 794 1 u)
® Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
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E Fraud Policy
C. Environmental Review Requirement (ERR) - No program costs can be incurred until an
environmental review of the proposed project is completed and approved. Further, the
SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance
of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the
denial of any reimbursement of funds under this Agreement.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Description
Federal Amount
Project Component l: Purchase materials and perform related
$35,531
construction/installation activities for disaster mitigation project including but not
limited to water/sewer and emergency ower upgrades.
Total Federal Funds:
$35,351
The Subrecipient will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
❑ Maintain and provide to the County, as requested, beneficiary income certification
documentation
® Maintain and provide National Objective Documentation
Provide Quarterly Reports on National Objective and project progress
Required attendance by a representative from executive management at scheduled
partnership meetings, as requested by CHS.
❑ Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation.
® Identify Lead Project Manager
® Provide Site Design and Specifications
® Comply with Davis Bacon Labor Standards
® Comply with Section 3 and maintain documentation and reporting requirements
® Provide certified payroll weekly throughout construction and rehabilitation
❑ Comply with Uniform Relocation Act (URA), if necessary
❑ Ensure applicable numbers of units are Section 504/ADA accessible
❑ Ensure the applicable affordability period for the project is met
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:
❑E
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® LMC — Low/Mod Clientele Benefit
❑ LMH — Low/Mod Housing Benefit
❑ LMJ— Low/Mod Job Benefit
LMA: Must document where at least 51 percent of the residents are LMI persons based on
HUD determined eligible census tracts. Failure to achieve the national objective under this
agreement will require repayment of the CDBG investment under this agreement.
LMC: Must document that at least 51 percent of persons served, are low to moderate
income persons or households, in order to meet a CDBG National Objective. Failure to achieve the
national objective under this agreement will require repayment of the CDBG investment under this
agreement.
LMB: Must document providing or improving permanent residential structures, which
upon completion will be occupied by LMI households. Structures with three or more units must
have at least 51 percent occupied by LMI households and structures with less than three units must
be occupied by 100 percent LMI households. Failure to achieve the national objective under this
agreement will require repayment of the CDBG investment under this agreement.
LMJ: Must document job creation and retention. The LMI benefit national objective
addresses activities designed to create or retain permanent jobs, at least 51 percent of which
(computed on a full-time equivalent basis) will be made available to or held by LMI persons.
Failure to achieve the national objective under this agreement will require repayment of the CDBG
investment under this agreement.
C. Performance Deliverables
Program Deliverable
Deliverable Supporting
Submission Schedule
Documentation
Special Grant Condition Policies
Policies as stated in this
Within sixty (60) days of
Section 1.1
agreement
agreement execution
Insurance
Insurance Certificate
Within 30 days of agreement
execution and Annually within
thirty 30 days of renewal
Detailed Project Schedule
Project Schedule
Within sixty (60) days of
agreement execution
Project Plans and Specifications
Site Plans and Specifications
Prior to procurement
Subcontractor Log
Subcontractor Log
Initially at construction start,
and quarterly thereafter
Submission of Progress Report
Exhibit C
Quarterly reports within 10 days
following the end of the quarter.
Final report due 60 days after
agreement ends.
Section 3 Report
Quarterly report of new hire
Quarterly
information
Davis -Bacon Act Certified
Weekly
Within 21 days of receipt
Payroll
Financial and Compliance Audit
Audit, Management Letter and
Annually: nine (9) months after
Exhibit E
FY end for Sin le Audit OR one
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D. Payment Deliverables
Payment Deliverable
Payment Supporting Documentation
hundred eighty (180) days after
Project Component 1: Purchase
Submission of supporting documents
FY end
Continued Use Certification
Continued Use Affidavit, if
Annually; for five (5) years after
construction/installation activities
applicable
meeting the National Objective
Revenue Plan for maintenance
Plan approved by the County
Initial Plan due after completion
and Capital Reserve
per contractor's Schedule of Values and
of construction. Annually;
water/sewer and emergency
any additional documents as needed.
through the period of continued
power upgrades.
use
Program Income Reuse Plan
Plan Approved by the County
Not applicable
D. Payment Deliverables
Payment Deliverable
Payment Supporting Documentation
Submission Schedule
Project Component 1: Purchase
Submission of supporting documents
Submission of
materials and perform related
must be provided as backup as evidenced
monthly invoices.
construction/installation activities
by, banking documents, completed AIA
for disaster mitigation project
G702-1992 form, or equivalent document
including but not limited to
per contractor's Schedule of Values and
water/sewer and emergency
any additional documents as needed.
power upgrades.
The County will pay up to 90% of the
total grant award or project costs
whichever is lower upon proof of proper
payment.
The remaining 10% of the award or
Following close out
project costs will be released upon final
monitoring
monitoring clearance and meeting a
National Objective
For clarity, the County will not withhold
10% on each payment, rather, the last
10% will only be paid as previously
specified.
Final 10 percent of award amount will be paid upon completion of final monitoring clearance and
documentation of meeting the National Objective. Failure by the subrecipient to achieve the National
Objective will require repayment of the CDBG investment under this agreement.
1.3 PERIOD OF PERFORMANCE
Services of the Subrecipient shall start on October 1, 2019 and shall end on April 30, 2021.
1.4 AGREEMENT AMOUNT
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The COUNTY agrees to make available (Thirty Five Thousand Five Hundred Thirty One) Dollars
($35,531.00) for use by the SUBRECIPIENT, during the term of the agreement (hereinafter, shall
be referred to as the "Funds").
Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund
shifts among line items shall not be more than 10 percent of the total funding amount and does not
signify a change in scope. Fund shifts that exceed 10 percent of the agreement amount shall only
be made with Board approval.
The County shall reimburse the SUBRECIPIENT for the performance of this agreement upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible
costs, and all disbursement requests must be limited to the amount needed at the time of the
request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations
incurred during the term of this agreement. Invoices for work performed are required every month.
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 may be required if two
consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT,
when requested, as work progresses but, not more frequently than once per month. Reimbursement
will not occur if Subrecipient fails to perform the minimum level of service required by this
agreement.
Final invoices are due no later than 90 days after the end of the agreement. Work performed during
the term of the program but not invoiced within 90 days after the end of the agreement may not be
processed without written authorization from the Grant Coordinator.
The County Manager or designee may extend the term of this agreement for a period of up to 180
days after the end of the agreement. Extensions must be authorized, in writing, by formal letter to
the SUBRECIPIENT.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requirements. Except where disputed for noncompliance,
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."
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1.5 COST PRINCIPLES
Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost
allowability found at 2 CFR 200 Subpart E -Cost Principles. For the purposes of this section
(Section 1.5 -Cost Principles) of this agreement, SUBRECIPIENT is defined as a described in 2
CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under this
Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed
specifically to the projects referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT
must provide adequate documentation for validating costs incurred. Payments to
SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the
procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by
the SUBRECIPIENTS and Contractors shall comply with 2 CFR Subpart E -Cost Principles. A
Developer is not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart
E and may impose requirements upon the Developer, in order for the COUNTY to remain
compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal
controls and maintain necessary source documentation for all costs incurred and adhere to any other
accounting requirements included in this agreement.
1.6 NOTICES
Notices required by this agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, 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: Lisa Oien, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: Lisa.Oien@colliercountyfl.gov
Telephone: (239) 252-6141
SUBRECIPIENT ATTENTION: Joyce Zirkle, Director of Finance and Operations
5867 Whitaker Road
Naples, Florida 34112
Email: Joyce.Zirkle@youthhavenswfl.org
Telephone: (239) 687-5180
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PART H
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.
Any deficiencies noted in audit reports must be fully cleared by the 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.
The determination of amounts of Federal awards expended shall be in accordance with guidelines
established by 2 CFR Part 200, Subpart F -Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 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 is not 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 this
agreement shall be made available to the COUNTY, by the SUBRECIPIENT, at any time,
upon request by the COUNTY or CHS. Materials identified in the previous sentence shall
be in accordance with generally accepted accounting principles (GAAP), procedures and
practices, which sufficiently and properly reflect all revenues and expenditures of funds
provided directly or indirectly by this agreement, including matching funds and Program
Income. These records shall be maintained to the extent of such detail as will properly
reflect all net costs, direct and indirect labor, materials, equipment, supplies and services,
and other costs and expenses of whatever nature for which reimbursement is claimed under
the provisions of this agreement.
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D. Upon completion of all work contemplated under this agreement, copies of all documents
and records relating to this agreement shall be surrendered to CHS, if requested. In any
event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a
readily accessible, permanent, and secured location for five (5) years after the date of
submission of the annual performance and evaluation report, as prescribed in 2 CFR
200.333, with the following exception: if any litigation, claim, or audit is started before the
expiration date of the five (5) year period, the records will be maintained until all litigation,
claim, or audit findings involving these records are resolved. The COUNTY shall be
informed, in writing, if an agency ceases to exist after closeout of this agreement of the
address where the records are to be kept, as outlined in 2 CFR 200.336. The
SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at
no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon
termination of the contract and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible with the
information technology systems of the COUNTY.
IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT 239-252-68329
Michael.Cox(a)colliercountyfl.gov, 3299 Tamiami Trail E, Naples
FL 34112.
E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of
1931, 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.
SUBRECIPIENT will be responsible for the creation and maintenance of income eligible
files on clients served and documentation that all households are eligible under HUD
Income Guidelines. The SUBRECIPIENT agrees that CHS shall be the final arbiter on the
SUBRECIPIENT's compliance.
G. SUBRECIPIENT shall document how the National Objective(s), as defined in 24 CFR
570.208 and the eligibility requirement(s) under which funding has been received, have
been met. These also include special requirements, such as necessary and appropriate
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2.3
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 COUNTY would provide the records and at a cost that does not
exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized
by 2 CFR 200.336 and 2 CFR 200.337.
During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to
the COUNTY no later than nine (9) months after the Single Audit (or one hundred eighty (180)
days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT'S fiscal year end.
The COUNTY will conduct an annual financial and programmatic review.
SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desk top
review of the activities may be conducted in lieu of an on-site visit. The continuation of this
agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the
request of CHS, submit information and status reports required by CHS or HUD to enable CHS to
evaluate said progress and to allow for completion of reports required, The SUBRECIPIENT shall
allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or
unscheduled, as determined by CHS or HUD.
COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud,
waste, abuse, or non-performance, based on goals and performance standards, as stated, with all
other applicable laws, regulations, and policies governing the funds provided under this agreement
further defined by 2 CFR 200.331. Substandard performance, as determined by the COUNTY; will
constitute noncompliance with this agreement. If corrective action is not taken by the
SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract
suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD,
the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the
COUNTY's internal auditor(s) access to all records related to performance of activities in this
agreement.
2,4 PREVENTION OF FRAUD AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient
to prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this
agreement and to provide for the proper and effective management of all Program and Fiscal
activities of the agreement. SUBRECIPIENT's internal control systems and all transactions and
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other significant events shall be clearly documented, and the documentation shall be readily
available for monitoring by COUNTY.
SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees,
and agents for the purpose of monitoring or investigating the performance of the Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent
waste, fraud, and abuse.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this Agreement, or of any law or regulation to COUNTY or to any
appropriate law enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this contract. Penalties may be imposed for failures to implement or to make
acceptable progress on such corrective action plans.
In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation
policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant
funds from CHS. CHS's policy for escalation for non-compliance is as follows:
Initial non-compliance may result in Findings or Concerns being issued to the
SUBRECIPIENT, which will require a corrective action plan be submitted to the
COUNTY within 15 days following issuance of the report.
• Any pay requests that have been submitted to the COUNTY for payment will
be held until the corrective action plan has been submitted.
CHS will be available to provide Technical Assistance (TA) to the
SUBRECIPIENT, as needed, in order to correct the non-compliance issue.
2. If in the case SUBRECIPIENT fails to submit the corrective action plan in a timely
manner to the COUNTY, the COUNTY may require a portion of the awarded grant
amount be returned to the COUNTY.
• The COUNTY may require upwards of five percent (5%) of the award amount
be returned to the COUNTY, at the discretion of the Board of County
Commissioners.
• The entity may be denied future consideration as set forth in Resolution No.
2013-228.
If in the case SUBRECIPIENT continues to fail to correct the outstanding issue or
repeats an issue that was previously corrected and has been informed by the
COUNTY of their substantial non-compliance by certified mail; the COUNTY
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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
COUNTY.
• The COUNTY may require upwards often percent (10%) of the award amount
be returned to the COUNTY, at the discretion of the Board of County
Commissioners.
• The SUBRECIPIENT will be considered in violation of Resolution No. 2013-
228.
4. If in the case, after repeated notification, SUBRECIPIENT continues to be
substantially non-compliant, the COUNTY may recommend the contract or award
be terminated.
• The COUNTY will make a recommendation to the Board of County
Commissioners to immediately terminate the agreement or contract. The
SUBRECIPIENT will be required to repay all funds disbursed by the
COUNTY for the project that was terminated. This includes the amount
invested by the COUNTY for the initial acquisition of properties or other
activities.
• SUBRECIPIENT will be considered in violation of Resolution No. 2013-228.
If in the case SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be
non-compliant, the above sanctions may be imposed across all awards at the BCC's discretion.
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this agreement, and on the resolution of monitoring findings identified pursuant to this
agreement, as deemed necessary by the County Manager or designee.
During the term, 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 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
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
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 subpartK of these regulations, except
that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities
described in 24 CFR 570.604; (2) the SUBRECIPIENT does not assume the recipient's
responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) the
SUBRECIPIENT is 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 laws, regulations, and policies governing the funds provided under this agreement.
The SUBRECIPIENT further agrees to utilize funds available under this agreement to supplement
rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating
or establishing the relationship of 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.
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 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.
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
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activities to be undertaken as part of this agreement, such modifications will be incorporated only
by written amendment, signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from 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, or the reduction of funds awarded by HUD to
Collier County, to a level, determined by the County Manager, to be insufficient to adequately
administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all
or any portions of the funds will not be available. In either event, the COUNTY may terminate this
agreement, which termination shall be effective as of the date that it is determined by the County
Manager or designee, in his/her sole discretion and judgment, that the funds are no longer available.
In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to
hold the COUNTY, nor any individual member of the County Commissioners and/or County
Administration, personally liable for the performance of this agreement, and the COUNTY shall
be released from any further liability to SUBRECIPIENT under the terms of this agreement.
3.6 IlVDEAVUFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act, 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 there-
on. 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 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, whether printed or digitally prepared and released by the SUBRECIPIENT for, on
behalf of, and/or about the Program shall include the statement:
"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (IIUD) AND COLLIER COUNTY COMMUNITY AND HUMAN
SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team, as well as
Equal Housing Opportunity, to the general public. Construction signs shall comply with applicable
COUNTY codes.
3.8 DEFAULTS, REMEDIES, AND TERMINATION
In accordance with 2 CFR 200.339, this agreement may also be terminated for convenience by
either the COUNTY or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for
such termination, the effective date, and, in the case of partial terminations, the portion to be
terminated. However, if in the case of a partial termination, the COUNTY determines that the
remaining portion of the award will not accomplish the purpose for which the award was made, the
COUNTY may terminate the award in its entirety.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
agreement:
A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or
such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as
may become applicable at any time.
B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its
obligations under this agreement.
C. Ineffective or improper use of funds provided under this agreement.
D. Submission by the SUBRECIPIENT to the COUNTY 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.
G. Failure to materially comply with the terns 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
that SUBRECIPIENT has received under this agreement.
D. Apply sanctions, if determined by the COUNTY to be applicable.
E. Stop all payments, until identified deficiencies are corrected.
F. Terminate this agreement by giving written notice to SUBRECIPIENT 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. Regulations regarding real property are
subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7).
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" and 2 CFR 200.310, has been obtained, and said
insurance shall be carried, at all times, during SUBRECIPIENT's performance under the
agreement.
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, Cost Principles and
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Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the
Community Development Block Grant (24 CFR 570 et seq.).
3.12 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through
.326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing
thresholds are:
Range:
Competition Required
$0-$3,000
Single Quote with documentation
$3,000 - $50,000
3 Written Quotes
$50,000+
Formal Solicitation TB, RFP, etc.
All improvements specified in Part I. Scope of Work shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding, under a procedure acceptable to the
COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts for
improvements with the lowest, responsible and qualified bidder. Contract administration shall be
handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records
and documents related to the project.
3.13 PROGRAM GENERATED INCOME
No Program Income is anticipated. In the event Program Income is derived from the use of CDBG
funds disbursed under this agreement, such Program Income shall be utilized by the
SUBRECIPIENT for CDBG-eligible activities, approved by COUNTY. 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 -ase plan, utilized by the SUBRECIPIENT accordingly, and shall be in
compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When
program income is generated by an activity that is only partially assisted with CDBG funds,
the income shall be prorated to reflect the percentage of CDBG funds used. In the event there
is a program income balance at the end of the Program Year, such balance shall revert to the
COUNTY's Community Block Grant Program, for further reallocation.
Public Facilities and Improvements: Public facilities that are acquired, constructed, rehabilitated,
or otherwise improved with CDBG funds are subject to this requirement. This includes parks,
libraries, community centers, and any other facility whose primary purpose is a public one. For
these facilities, program income is the income generated by the use of the facility, less the operating
costs associated with generating the income. The COUNTY considers utilities, property insurance,
and facility maintenance to be operating costs that should be subtracted from revenue to determine
net program income. For each funded project, the SUBRECIPIENT must submit for the
COUNTY's approval a list of proposed costs incidental to the generation of the program income.
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Additionally, real property under the SUBRECIPIENT'S control that was acquired or improved,
in whole or in part, with CDBG funds shall be used to meet one of the CDBG National Objectives
pursuant to 24 CFR 570.208, during the continued use period, as referenced in section 3.14 (Grant
Closeout Procedures) of this agreement. If the SUBRECIPIENT sells, transfer, disposes of, or
otherwise fails to continue to use the CDBG-assisted real property in a manner that meets a CDBG
National Objective, the SUBRECIPIENT shall pay the COUNTY an amount equal to a percentage
of the current fair market value of the property, after subtracting disposal costs. Such percentage
shall have as its basis, the percentage of the appraised value attributable to CDBG and non-CDBG
funds expended for the original acquisition of, or improvement to, the property under the terms of
this agreement. Such payment shall constitute program income to the COUNTY.
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 continued use period has been met (for public services, "after the expiration of the
Agreement"). The continued use period shall commence with the later of the Subrecipient meeting
the National Objective or the recording of lien and/or deed restriction documentation). Activities
during this closeout period shall include, but are not limited to making final payments, disposing
of program assets (including the return of all unused materials, equipment, program income
balances, and receivable accounts to the COUNTY), and determining the custodianship of records.
In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with
Section 119.021, Florida Statutes regarding records maintenance, preservation, and retention. A
conflict between state and federal 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 that have been advanced or paid must be returned to the COUNTY. Any funds
paid exceeding the amount SUBRECIPIENT is entitled to 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. Closeout procedures must
take place in accordance with 2 CFR 200.343.
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 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 51 percent of the beneficiaries of a project funded through this agreement must be low -
and moderate- income persons or presumed to be low- to moderate- income persons based on
applicable regulation, if the agreement is meeting a national objective through a LMI strategy. If
the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide,
more than 30 percent 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 funds. The Affirmative Action will need to be updated throughout the continued use
period and must be 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 SUBRECIPIENT. The SUBRECIPIENT covenants that
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it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", 2 CFR 200.318, and
the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest.
The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person, or an entity
owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval
of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not
intended to limit SUBRECIPIENT's ability to self -manage the projects using its own employees.
Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its
contractors shall be disclosed, in writing, to CHS provided, however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low- and moderate -
income residents of the project target area.
3.20 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 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.
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3.21 INCIDENT REPORTING
If services to clients are to be provided under this agreement, the SUBRECIPIENT and any
subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of
a child, aged person, or disabled adult to the COUNTY.
3.22 SEVERABILITY
Should any provision of the agreement be determined to be unenforceable or invalid, such
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
httns://www.ecfr.izov/cgi-bin/text-idx?ipl=/ecfrbrowse/Title24/24efr570_main 02.tpl
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
httns://www.ccfr.gov/cgi-bin/text-idx?ipl=/ecfrbrowse/Title24/24cfr58_main_02.t rp
4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended
b—qs://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/10
9
4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing
Act.
htto://www.hud.aovloffices/Oreo/library/huddoistatement.adlhttas://www.hud.eov/proaram offic
es/fair_housing equal ouo/ReasonableAccommodationsl5
Executive Order 11063 — Equal Opportunity in Housing
hitps://www.hud.ggy/prowam offices/fair housing equal opp/FHLaws/EX011063
Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs
httns://www.archives.L,ov/federal-register/codification/executive-order/ 12259.html
24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.0
https://www.law.corncli.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 hfps://www.hud.gov/programdescription/title6
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.
https://www.gpo.izov/fdsys/pkiz/CFR-2007-title24-vo13/pdf/CFR-2007-title24-vol3-sec570-
602Tndf
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:
httns://www.hud. ov/program offices/fair housing equal opp/FHLaws/EX011246
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
Affirmative Action employer.
hLtps://www.hud.gov/programdescription/title6
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 Subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the agreement through which Federal
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
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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https://www.hud.gov/sites/documents/DOC_12047.PDF
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
https://www.ccfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowsc/Title24/24cfrl35 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
https://www.htid.gov/program offices/fair housing equal opp/FHLaws/109
https:Hpoital.hud.gov/hudportaVHUD?si-c=/pLogram offices/fair housing equal opp/FHLawsB
X011063
11246: https://www.dol.gov/ofccp/rens/statutes/eol1246.htm
11375: Amended by EO 11478
11478: https://www.arcbives.gov/federal-register/codification/executive-order/11478.html
12107: https://www.archives.gov/federal-register/codification/executive-order/12107.htmi
12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
https://www.dol.gov/whd/reas/statutes/safe0l.pdf
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K.
Section 504: https://www.epa.p-ov/civilrights/sec504.htm
29 USC 776: https://law.onecle.com/uscode/29/776.html
24 CFR 570.614: https://www.law.comell.edu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudap
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
https://www.fhwa.dot, ovg /real estate/uniform act/index.cfm
4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects, 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
https://www.law.comell.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)
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https://www.law.comell.edu/cfr/text/29/part-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally
assisted projects. https://www.presidency.ucsb.edu/ws/index.phhp?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.
https://www.archives.gov/federal-register/codification/executive-order/I 1625.1tml
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: https://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vola/pdf/CFR-2010- title24-
vol3-sec570-608.pdf
E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm
4.18 Public Law 100-430 - the Fair Housing Amendments Act of 1988.
bttps://www.ncbi.nlm.iiih.jzov/pubmed/I 2289709
4.19 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements. .
https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ccfrbrowse/Title02/2cfr200 main 02.1pl
4.20 Immigration Reform and Control Act of 1986
bitps://www.eeoc.gov/ecoe/history/35th/thelaw/irca.htmi
4.21 Prohibition of Gifts to County Employees - No organization or individual shall offer or give, either
directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any County
employee, as set forth in Chapter 112, Part I1I, Florida Statutes, Collier County Ethics Ordinance
No. 2004-05, as amended, and County Administrative Procedure 5311.
Florida Statutes-
https://www.lawserver.com/law/state/florida/statutes/florida_statutes_ chapter 112 part iii
Collier County-
http://www.collierp-ov.net/home/showdocument?id=35137
4.22 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the
agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
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by application of the Supplemental Conditions, if any, or the agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
4.23 Venue -Any suit of action brought by either party to this agreement against the other party, relating
to or arising out of this agreement, must be brought in the appropriate federal or state courts, in
Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required
for this item).
4.24 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes. The litigation arising out of this agreement shall be adjudicated in Collier County, Florida,
if in state court and the US District Court, Middle District of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, T141S AGREEMENT.
bLtps://www.flsenate.jzov/Laws/Statutes/2012/44.102
4.25 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. https://www.law.comell.edu/uscode/text/42n4Ol
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.law.comell.edu/uscode/text/33/chapter-26
4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 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.
https://www.law.comell.edu/cfr/textt24/570.605
4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to the HUD Lead- Based Paint Poisoning
Prevention Act, found at 24 CFR 570.608, Subpart K. https://wwwgpo.yov/fdsy_s/pranuie/CFR-
2000-title24-vo13/CFR-2000-title24-vol3-see570-608-id 163
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4.28 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this agreement.
bi!ps://www.nps.gov/hiaML/local-law/nhpal966.htm
https://www.ccfr.gov/cgi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr800_main _02.tp
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.
https://www.nps. pov/histoM local-law/nhpa l966.htm
4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with
the Drug -Free Workplace Act of 1988 (41 USC 701).
https://www.gpo.gov/fdsys/granule[USCODE-2009-titte4l /U SCODE-2009-title4l-chapl0-
sec701
4.30 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not
knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from participating in this covered transaction as outlined in 24
CFR 570.609, Subpart K.
https://www.law.comell.edu/cfr/text/24/570.609
4.31 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable
and agrees to adhere to the accounting principles and procedures required therein, utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred. These
requirements are enumerated in 2 CFR 200, et seq.
4.32 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be
submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The
SUBRECIPIENT shall comply with the requirements and standards of 2 GFR 200 Subpart F,
Section 500. Subrecipients exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S
fiscal year. Per 2 CFR 200344, 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.
https://www.cefr. gov/cai-bin/text-
idx?SID=5a78addefff9a535e83fed3010308aef&mc=true&node=se2.1.200 1344&rgn=div8
4.33 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation
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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 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.
https://www.gpo.gov/fds�s/granule/CFR-1999-title49-vol l/CFR-1999-title49-vol l -sec24-101
https://www.gpo.eov/fdUs/granule/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-505
4.34 As provided in § 287.133, Florida Statutes, by entering into this agreement or performing any work
in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.
This notice is required by § 287.133 (3) (a), Florida Statutes.
http://www.leiz.state.fl.us/Statutes/index.cfm?App mode --Display Statute&Search String_&UR
L=0200-0299/0287/Sections/0287.133.html
4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress, in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions. The undersigned shall require that the language of
this certification be included in the award documents for all sub -awards at all tiers (including
subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem
rates in effect at the time of travel.
https://www. sg a.gov/portal/content/104877
4.37 Equal access in accordance with the individual's gender identity in community planning and
development programs, per 24 CFR 5.106.
https://www.govreizs.com/reizulations/expand/title24 part5 subpartA section5.106
4.38 Housing Counseling, including homeownership counseling or rental housing counseling, as defined
in §5.100, required under or provided in connection with any program administered by HUD shall
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be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214
to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111.
https://www.ecfr.mov/cgi-bin/text-
idx?SID=e339ece9fdfdl479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rg =div6
hLtps://www.law.cornell.edu/cfr/text/24/5.1 I 1
4.39 HUD Final Rule — Implementation of the Violence Against Women Reauthorization Act of 2013
which applies for all victims of domestic violence, dating violence, sexual assault, and stalking,
regardless of sex, gender identity, or sexual orientation, and which must be applied consistent
with all nondiscrimination and fair housing requirements.
hgps://www.federaire ister.gov/documents/2016/11/16/2016-25888/violence-against-women-
reauthorization-act-of-2013-implementation-in-hud-housing_proarams
4.40 Any rule or regulation determined to be applicable by HUD.
4.41 Florida Statutes 713.20, Part 1, Construction Liens
https://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700-
0799/0713/0713.html
4.42 Florida Statutes 119.021 Records Retention
hm://www.iej4.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.02 Lhtm1
4.43 Florida Statutes, 119.071, Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.efm?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.021.htm1
(Signature Page to Follow)
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{ G )
IN WITNESS WHEREOF, the SU13RECIPIENT and COUNTY, have each respectively, by an
authorized person or agent, hereunder sot their hands and seals on the date first written above.
ATTEST:
CRYSTAL K, IQNZEL, CLERIC
, Deputy Clerk
Dated:
(SFAL)
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
WILLIAM L. MCDANIEL, JR„ CHAIRMAN
Date:
YOUTH HAVEN, INC.
Approved as to form and legality:
O�
Jennifer A. Belpedio
Assistant County Attorney a ��
Yueth, Hoven,lnc
Coi9-05 �1
aage30
Youth Haven otmter M10satlm
PART V
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
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.
DESIGN STAGE (IF APPLICABLE)
hi 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.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its
Subcontractors to provide, original certificates indicating the following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than one
hundred (100%) percent of the insurable value ofthe 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
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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.
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.LM.A.
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EXHIBIT B
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Youth Haven, Inc
Subrecipient Address: 5867 Whitaker Road Naples, Fl. 34112
Project Name: Youth Haven Disaster Mitigation_
Proj ect No:
Total Payment Minus Retainage_
Period of Availability: through
Payment Request #
Period for which the Agency has incurred the indebtedness through
SECTION H: STATUS OF FUNDS
1. Grant Amount Awarded
2. Sum of Past Claims Submitted on this Account
3. Total Grant Amount Awarded Less Sum of Past Claims
Submitted on this Account
4. Amount of Today's Request
5, 10% Retainage Amount Withheld (if applicable)
6. Current Grant Balance (Initial Grant Amount Award
request) (includes Retainage)
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief,
all grant requirements have been followed.
Signature
Title
Authorizing Grant Coordinator
Supervisor
(Approval required $15,000 and above)
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Authorizing Grant Accountant
Division Director
(Approval Required $15,000 and
above)
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EXRMIT C
QUARTERLY PERFORMANCE REPORT DATA
GENERAL -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. At COUNTY's discretion, SUBRECIPIENT may be
required to enter the information collected on this exhibit into an online grant management system.
Agency Name: Youth Haven, Inc. Date:
Project Title: Youth Haven Disaster Mitigation IDIS #:
Program Contact: Telephone Number:
Activity
Reporting Period
Report Due Date
October
I" — December 3151
January 10'
January
1't—March 31"
April 101"
April 1 s'
—June 3011
July 10'"
Jul Is` —
September 30'
October 10'
REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period):
Please note: The CDBG/HOME/ESG Program year begins October 1, 2019 — September 30, 2020. Each quarterly
rennrt mnat inchide enmulative. data heuinninn frnm the start of the nrn"nrn vear nctnher 1. 2019.
1.
Please list the outcome goal(s) from your approved application and subrecipient agreement and indicate your
progiress in meeting those goals since October 1, 2019.
a.
Outcome Goals: list the outcome goal(s) from your approved application and subreci ient agreement
Outcome 1: Complete activities required to purchase materials and perform related construction/installation
activities for disaster mitigation project, including but not limited to water/sewer and emergency power upgx
Outcome 2: Document that at least 51% of persons served are low to moderate income, to meet a CDBG
LMI/LMC National Obiective.
b. I Goal Progress: Indicate the progress to date in meeting each outcome goal.
Outcome 1:
Outcome 3:
3. 1 Since October 1, 2019; of the persons assisted, how many...
*03 Matrix Codes
a.
b. now have improved access to this service or benefit? 0 9
mac. ...now receive a service or benefit that is no Ionizer substandard? 0
4.
What funding sources did the subreci ient apply for this
period?
Section 108 Loan Guarantee $
CDBG
$
Other Consolidated Plan Funds $
HOME
$
Other Federal Funds $
ESG
$
$
HOPWA
$
$
Total Entitlement Funds
$
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5.
What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if
applicable? Answer question 5a or 5b; NOT both
For LMC activities: people, race/ethnicity, and income data are reported by persons.
For LMH activities: households, race/ethnicity, and income level are reported by households, regardless
the number of persons in the household.
7.
a.
Total No. Persons/Adults served 0
LMC
Total No. persons served under 18 (LMC) 0
YTD Total 0 YTD Total 0
Quarter Total No. of Persons 0
Quarter Total No. of Persons 0
a
Presumed Benefit Activities Onl LMC TR
b
Presumed Benefit Activities Only LMC YTD
ELI
0 Abused Children
b.
Total No. of Households served 0
Total No. of female head of household (LMH) 0
6.
What is the total number of UNDUPLICATED clients served since October, if applicable?
Answer question 6a or 6b, NOT both
For LMC activities: race/ethnicity and income data are reported by persons.
7.
a. Total No. Persons/Adults served 0 Total No Persons served under 18 (LMC) 0
LMC
YTD Total: 0 YTD Total 0
b. Total No. Households served LMH 0 Total No. female head of household (LMH) 0
YTD Total 0 YTD Total 0
8.
Complete EITHER question 7 or 8, NOT both
Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed
Benefit categories.
7.
PRESUMED BENEFICIARY DATA ONLY:
MCQuarter
PRESUMED BENEFICIARY DATA ONLY
LMC YTD
Indicate the total number of UNDUPLICATED
persons served thisugmter who fall into each
presumed benefit category (the total should equal the
total in question #6a or 6b):
Indicate the total number of UNDUPLICATED persons
served since October I who fall into each presumed
benefit category (the total should equal the total in
question #6a or 6h):
Indicate the total number of UNDUPLICATED
persons served this Quarter who fall into each
income category (the total should equal the total
atestion #6):
a
Presumed Benefit Activities Onl LMC TR
b
Presumed Benefit Activities Only LMC YTD
ELI
0 Abused Children
ELI
b
0 1 Abused Children ELI
0 Homeless Person
ELI
0 Homeless Person ELI
0 Migrant Farm Workers
LI
0 Migrant Farm Workers LI
0 Battered Spouses
Ll
0 Battered Spouses LI
0 Persons w/HIV/AIDS
LI
0 Persons w/HIV/AIDS LI
0 Elderly Persons
LI or MOD
0 Elderly Persons LI or MOD
0 Illiterate Adults
LI
0 Illiterate Adults LI
0 Severely Disabled
Adults
LI
0 Severely Disabled Adults LI
0 Quarter Total
0 YTD Total
8.
Complete question 8a and 8b if any client in your program
does not fall into a Presumed Benefit category.
Other Beneficiary Data: Income Range
Other Beneficiary Data: Income Range
Indicate the total number of UNDUPLICATED
persons served this Quarter who fall into each
income category (the total should equal the total
atestion #6):
in
Indicate the total number of UNDUPLICATED persons
served since October I (YTD) who fall into each income
category (the total should equal the total in question #6):
a
ELI
Extremely Low Income (0-300/.)
0
b
ELI
Extremely Low Income (0-30%)
0
LI
Low Income (31-50%)
0
LI
Low Income
0
MOD
Moderate Income (51-80"/0)
0
MOD
Moderate Income (51-80%)
0
NON-
L/M
Above Moderate Income (>80%)
0
NON-
L/M
Above Moderate Income (>80%)
0
Quarter Total
0
YTD Total
0
Youth, Haven, Inc
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9.
Racial & Ethnic Data if applicable)
Please indicate how many UNDUPLICATED
clients served this Quarter 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 in question 6.question
Please indicate how many UNDUPLICATED clients
served since October (YTD) 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 in
6.
a. RACE ETHNICITY
/HISPANIC
b. RACE ETHNICITY
/HISPANIC
White 0 0
White 0 0
Black/African American 0 0
Black/African American 0 0
Asian 0 0
Asian 0 0
American Indian/Alaska Native 0 0
American Indian/Alaska Native 0 0
Native Hawaiian/Other Pacific Islander 0 0
Native Hawaiian/Other Pacific Islander 0 0
Black/African American & White 0 0
Black/African American & White 0 0
American Indian/Alaska Native & 0 0
Black/African American
American Indian/Alaska Native & 0 0
Black/African American
Other Multi -racial 0 0
Other Multi -racial 0 0
0 0
0 0
Name:
Signature:
Title:
Your typed name here represents your electronic signature
Youth, Haven, Inc
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EXHIBIT D
INCOME CERTIFICATION
INSTRUCTIONS
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 0.00
Total Cash Value of Assets B(a) 0.00
Total Income from Assets B(b) 0.00
If line B(a) is greater than $5,000, multiply that amount by the rate specified
by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave
blank. B(c)
Youth, Haven, Inc
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A. Anticipated Annual Income: Includes Unearned Income and Support Paid on
Behalf of Minos
Member Wages / Benefits /
Public
Other
Salaries Pensions
Assistance
Income
(include tips,
Asset
commissions,
Income
bonuses, and
overtime)
(Enter the
1
greater of
2
box B(b) or
3
box B(c),
in
above,
4
box C(c)
5
below)
6
7
8
Totals (a) (b)
(c)
(d)
(e)
0.00 1 0.00
0.00
0.00
Enter total of items C(a) through C(e).
0.00
This amount is the Annual Anticipated Household Income.
B. 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
Adult Household Member (if applicable)
Adult Household Member (if applicable)
Youth, Haven, Inc
CD19-05
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Date
Date
Date
Date
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A. 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) constitme(s) a:
❑ Extremely Low Income (ELI) Household means and individual or family whose annual income
does not exceed 30/501 of the Very Low Income (60 percent of VLI) 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 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
B. Household Data
Number of Persons
By Race / Ethnicity B Age
Native
American
Hawaiian or
0-25
26-40
41-61
62+
Indian
Asian
Black
OtherPac.
White
Other
Islander
Hispanic
Non -
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.
Youth, Haven, Inc
CD19-05
Youth Haven Disaster Mitigation Page 39 r,
EXIIIBIT E
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if
subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires
that all appropriate documentation is provided regarding your organization's compliance. In determining Federal
awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the
activity related to the Federal award occurs, including any Federal award provided by Collier County. The
determination of amounts of Federal awards expended shall be in accordance with the guidelines established by
established by 2 CFR Part 200, Subpart F - Audit Requirements. This form may be used to monitor Florida Single
Audit Act Statute 215.97 requirements.
Subrecipient
Name
First Date of Fiscal Year MM/DD/YY
Last Date of Fiscal Year MM/DD/YY
Total Federal Financial Assistance Expended
Total State Financial Assistance Expended during
during most recently completed Fiscal Year
most recently completed Fiscal Year
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has
been met and a Single Audit as required by 2 GFR Part 200, Subpart F has been completed
or will be completed by . Copies of the audit report and management letter
are attached or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑
❑ Are a for-profit organization
❑ Are exempt for other reasons — explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit report. While we
understand that the audit report contains a written response to the finding(s), we are
requesting an updated status of the corrective action(s) being taken. Please do not provide
just a copy of the written response from your audit report, unless it includes details of the
actions, procedures, policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature
Date
Print Name and Title
Youth, Haven, Inc
CD19-05
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Page 40
FAIN #
B -19 -UC -12-0016
B -18 -UC -12-0016
B -17 -UC -12-0016
Federal Award Date
Est. 10/2019
Federal Award Agency
HUD
CFDA Name
Community
Development Block
Grant
CFDA/CSFA#
14.218
Total Amount of Federal
Funds Awarded
$317,207
Subreci ient Name
Youth Haven, Inc.
DUNS#
077283349
FEIN
23-7065187
R&D
No
Indirect Cost Rate
No
Period of Performance
10/1/2019-04/30/2021
Fiscal Year End
6/30
Monitor End:
4/30/2026
AGREEMENT BETWEEN COLLIER COUNTY
AND
YOUTH HAVEN, INC.
THIS AGREEMENT is made and entered into this _ day of 2019 by and between Collier
County, a political subdivision of the State of Florida, ("COUNTY". or "Grantee") having its principal
address at 3339 E Tamiami Trail, Naples FL 34112, and Youth Haven, Inc., ("SUBRECIPIENT"), having
its principal office at 5867 Whitaker Road Naples, Fl. 34112.
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 2019-2020 for the CDBG Program with
Resolution 2019- on June_, 2019 — Agenda Item ; and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans, the County advertised the 2018/2019 Annual
Action Plan, on May 24, 2019, with a 30 -day Citizen Comment period from May 24, 2019 to June 25,2019;
and
WHEREAS, the SUBRECIPIENT has submitted a proposal for participation in the Collier County
CDBG program; and
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CD19-07
Odorizzi Cottage Rehabilitation Page 1 Vo
WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in the undertaking the CDBG CD19-07 Odorizzi Cottage Rehabilitation .
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
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 provided herein and, as determined by Collier County
Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as
follows:
Project Name: Odorizzi Cottage Rehabilitation
Description of project and outcome:
CHS, as administrator of the CDBG program, will make available CDBG funds up to the gross amount of
$317,207 to Youth Haven, Inc. to fund: Rehabilitation and expansion of the Odorizzi Cottage located on
Youth Haven's campus.
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, if applicable.
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty (60) calendar days of the execution of this agreement; the SUBRECIPIENT
must deliver to CHS for approval a detailed project schedule for the completion of the
project, excluding Public Service projects.
B. The following resolutions and policies must be submitted within sixty (60) days of this
agreement:
Affirmative Fair Housing Policy
® Affirmative Action/ Equal Opportunity Policy
® Conflict of Interest Policy
® Procurement Policy
❑ Uniform Relocation Act Policy
® Sexual Harassment Policy
Procedure for meeting the requirements set forth in Section 3 of the Housing and
Urban Development Act of 1968, as amended (12U.S.C. 794 1 u)
Youth Haven, Inc.
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Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
® Fraud Policy
C. Environmental Review Requirement (ERR) - No program costs can be incurred until an
environmental review of the proposed project is completed and approved. Further, the
SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance
of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the
denial of any reimbursement of funds under this Agreement.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Description I Federal Amount
Project Component 1: Rehabilitation and expansion of the Odorizzi Cottage $317,207
Total Federal Funds: $317,207
The Subrecipient will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
❑ Maintain and provide to the County, as requested, beneficiary income certification
documentation
® Maintain and provide National Objective Documentation,
® Provide Quarterly Reports on National Objective and project progress
Required attendance by a representative from executive management at scheduled
partnership meetings, as requested by CHS.
❑ Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation.
® Identify Lead Project Manager
Provide Site Design and Specifications
Comply with Davis Bacon Labor Standards
® Comply with Section 3 and maintain documentation and reporting requirements
Provide certified payroll weekly throughout construction and rehabilitation
❑ Comply with Uniform Relocation Act (URA), if necessary
❑ Ensure applicable numbers of units are Section 504/ADA accessible
❑ Ensure the applicable affordability period for the project is met
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:
❑ LMA — Low/Mod Area Benefit
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Z LMC — Low/Mod Clientele Benefit
❑ LMH — Low/Mod Housing Benefit
❑ LMJ—Low/Mod Job Benefit
LMA: Must document where at least 51 percent of the residents are LMI persons based on
HUD determined eligible census tracts. Failure to achieve the national objective under this
agreement will require repayment of the CDBG investment under this agreement.
LMC: Must document that at least 51 percent of persons served, are low to moderate
income persons or households, in order to meet a CDBG National Objective. Failure to achieve the
national objective under this agreement will require repayment of the CDBG investment under this
agreement.
LMH: Must document providing or improving permanent residential structures, which
upon completion will be occupied by LMI households. Structures with three or more units must
have at least 51 percent occupied by LMI households and structures with less than three units must
be occupied by 100 percent LMI households. Failure to achieve the national objective under this
agreement will require repayment of the CDBG investment under this agreement.
LMJ: Must document job creation and retention. The LMI benefit national objective
addresses activities designed to create or retain permanent jobs, at least 51 percent of which
(computed on a full-time equivalent basis) will be made available to or held by LMI persons.
Failure to achieve the national objective under this agreement will require repayment of the CDBG
investment under this agreement.
C. Performance Deliverables
Program Deliverable
Deliverable Supporting
Submission Schedule
Documentation
Special Grant Condition Policies
Policies as stated in this
Within sixty (60) days of
Section 1.1
agreement
agreement execution
Insurance
Insurance Certificate
Within 30 days of agreement
execution and Annually within
th' (30 da s of renewal
Detailed Project Schedule
Project Schedule
Within sixty (60) days of
agreement execution
Project Plans and Specifications
Site Plans and Specifications
Prior to procurement
Subcontractor Log
Subcontractor Log
Initially at construction start,
and uarterl thereafter
Submission of Progress Report
Exhibit C
Quarterly reports within 10 days
following the end of the quarter
Final report due 60 days after
agreement ends.
Section 3 Report
Quarterly report of new hire
Quarterly
information
Davis -Bacon Act Certified
Weekly
Within 21 days of receipt
Payroll
Financial and Compliance Audit
Audit, Management Letter and
Annually: nine (9) months after
Exhibit E
FY end for Sin ]e Audit OR one
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D. Payment Deliverables
Payment Deliverable
Payment Supporting Documentation
hundred eighty (180) days after
Project Component 1:
Submission of supporting documents
FY end
Continued Use Certification
Continued Use Affidavit, if
Annually; for five (5) years after
the Odorizzi Cottage.
applicable
meeting the National Objective
Revenue Plan for maintenance
Plan approved by the County
Initial Plan due after completion
and Capital Reserve
per contractor's Schedule of Values and
of construction. Annually;
any additional documents as needed.
through the period of continued
The County will pay up to 90% of the
use
Program Income Reuse Plan
Plan Approved by the County
Not applicable
D. Payment Deliverables
Payment Deliverable
Payment Supporting Documentation
Submission Schedule
Project Component 1:
Submission of supporting documents
Submission of
Rehabilitation and expansion of
must be provided as backup as evidenced
monthly invoices.
the Odorizzi Cottage.
by, banking documents, completed AIA
G702-1992 form, or equivalent document
per contractor's Schedule of Values and
any additional documents as needed.
The County will pay up to 90% of the
total grant award or project costs
whichever is lower upon proof of proper
payment.
The remaining 10% of the award or
Following close out
project costs will be released upon final
monitoring
monitoring clearance and meeting a
National Objective
For clarity, the County will not withhold
10% on each payment, rather, the last
10% will only be paid as previously
specified.
Final 10 percent of award amount will be paid upon completion of final monitoring clearance and
documentation of meeting the National Objective. Failure by the subrecipient to achieve the National
Objective will require repayment of the CDBG investment under this agreement.
1.3 PERIOD OF PERFORMANCE
Services of the Subrecipient shall start on October 1, 2019 and shall end on April 30, 2021.
1.4 AGREEMENT AMOUNT
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C019-07
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The COUNTY agrees to make available (Three Hundred Seventeen Thousand Two Hundred
Seven) Dollars ($317,207.00) for use by the SUBRECIPIENT, during the term of the agreement
(hereinafter, shall be referred to as the "Funds").
Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund
shifts among line items shall not be more than 10 percent of the total funding amount and does not
signify a change in scope. Fund shifts that exceed 10 percent of the agreement amount shall only
be made with Board approval.
The County shall reimburse the SUBRECIPIENT for the performance of this agreement upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible
costs, and all disbursement requests must be limited to the amount needed at the time of the
request.. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations
incurred during the term of this agreement. Invoices for work performed are required every month.
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 may be required if two
consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT,
when requested, as work progresses but, not more frequently than once per month. Reimbursement
will not occur if Subrecipient fails to perform the minimum level of service required by this
agreement.
Final invoices are due no later than 90 days after the end of the agreement. Work performed during
the term of the program but not invoiced within 90 days after the end of the agreement may not be
processed without written authorization from the Grant Coordinator.
The County Manager or designee may extend the term of this agreement for a period of up to 180
days after the end of the agreemenf. Extensions must be authorized, in writing, by formal letter to
the SUBRECIPIENT.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requirements. Except where disputed for noncompliance,
payment will be made upon receipt of a properly completed invoice and in compliance with
§218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act."
1.5 COST PRINCIPLES
Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost
allowability found at 2 CFR 200 Subpart E -Cost Principles. For the purposes of this section
(Section 1.5 -Cost Principles) of this agreement,. SUBRECIPIENT is defined as a described in 2
CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under this
Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed
specifically to the projects referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT
Youth Haven, Inc.
CD19-07
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must provide adequate documentation for validating costs incurred. Payments to
SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the
procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by
the SUBRECIPIENTS and Contractors shall comply with 2 CFR Subpart E -Cost Principles. A
Developer is not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart
E and may impose requirements upon the Developer, in order for the COUNTY to remain
compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal
controls and maintain necessary source documentation for all costs incurred and adhere to any other
accounting requirements included in this agreement.
1.6 NOTICES
Notices required by this agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, 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: Lisa Oien, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: Lisa.Oien(ct�,colliercountyfl.gov
Telephone: (239) 252-6141
SUBRECIPIENT ATTENTION: Joyce Zirkle, Director of Finance and Operations
5867 Whitaker Road
Naples, Florida 34112
Email: Joyce.Zirkle@youthhavenswfl.org
Telephone: (239) 687-5180
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PART H
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.
Any deficiencies noted in audit reports must be fully cleared by the 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.
The determination of amounts of Federal awards expended shall be in accordance with guidelines
established by 2 CFR Part 200, Subpart F -Audit Requirements..
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 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 is not 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 this
agreement shall be made available to the COUNTY, by the SUBRECIPIENT, at any time,
upon request by the COUNTY or CHS. Materials identified in the previous sentence shall
be in accordance with generally accepted accounting principles (GAAP), procedures and
practices, which sufficiently and properly reflect all revenues and expenditures of funds
provided directly or indirectly by this agreement, including matching funds and Program.
Income. These records shall be maintained to the extent of such detail as will properly
reflect all net costs, direct and indirect labor, materials, equipment, supplies and services,
and other costs and expenses of whatever nature for which reimbursement is claimed under
the provisions of this agreement.
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CD19-07
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D. Upon completion of all work contemplated under this agreement, copies of all documents
and records relating to this agreement shall be surrendered to CHS, if requested. In any
event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a
readily accessible, permanent, and secured location for five (5) years after the date of
submission of the annual performance and evaluation report, as prescribed in 2 CFR
200.333, with the following exception: if any litigation, claim, or audit is started before the
expiration date of the five (5) year period, the records will be maintained until all litigation,
claim, or audit findings involving these records are resolved. The COUNTY shall be
informed, in writing, if an agency ceases to exist after closeout of this agreement of the
address where the records are to be kept, as outlined in 2 CFR 200.336. The
SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at
no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon
termination of the contract and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible with the
information technology systems of the COUNTY.
IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF, CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT 239-252-68329
Michael.Cox(a,colliercountyfl.lzov, 3299 Tamiami Trail E, Naples
FL 34112.
E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of
1931, 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. SUBRECIPIENT will be responsible for the creation and maintenance of income eligible
files on clients served and documentation that all households are eligible under HUD
Income Guidelines. The SUBRECIPIENT agrees that CHS shall be the final arbiter on the
SUBRECIPIENT's compliance.
G. SUBRECIPIENT shall document how the National Objective(s), as defined in 24 CFR
570.208 and the eligibility requirement(s) under which funding has been received, have
been met. These also include special requirements, such as necessary and appropriate
Youth Haven, Inc.
CD19-07
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9
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 COUNTY would provide the records and at a cost that does not
exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized
by 2 CFR 200.336 and 2 CFR 200.337.
2.3 MONITORING
During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to
the COUNTY no later than nine (9) months after the Single Audit (or one hundred eighty (180)
days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT'S fiscal year end.
The COUNTY will conduct an annual financial and programmatic review.
SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desk top
review of the activities may be conducted in lieu of an on-site visit. The continuation of this
agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the
request of CHS, submit information and status reports required by CHS or HUD to enable CHS to
evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall
allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or
unscheduled, as determined by CHS or HUD.
COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud,
waste, abuse, or non-performance, based on goals and performance standards, as stated, with all
other applicable laws, regulations, and policies governing the funds provided under this agreement
further defined by 2 CFR 200.331. Substandard performance, as determined by the COUNTY, will
constitute noncompliance with this agreement. If corrective action is not taken by the
SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract
suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD,
the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the
COUNTY's internal auditor(s) access to all records related to performance of activities in this
agreement.
2.4 PREVENTION OF FRAUD AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient
to prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this
agreement and to provide for the proper and effective management of all Program and Fiscal
activities of the agreement. SUBRECIPIENT's internal control systems and all transactions and
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other significant events shall be clearly documented, and the documentation shall be readily
available for monitoring by COUNTY.
SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees,
and agents for the purpose of monitoring or investigating the performance of the Agreement.
SUBRECIPIENT shall fully cooperate with COT NTY's efforts to detect, investigate, and prevent
waste, fraud, and abuse.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this Agreement, or of any law or regulation to COUNTY or to any
appropriate law enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance; nonperformance, or unacceptable
performance under this contract. Penalties may be imposed for failures to implement or to make
acceptable progress on such corrective action plans.
In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation
policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant
funds from CHS. CHS's policy for escalation for non-compliance is as follows:
1. Initial non-compliance may result in Findings or Concerns being issued to the
SUBRECIPIENT, which will require a corrective action plan be submitted to the
COUNTY within 15 days following issuance of the report.
• Any pay requests that have been submitted to the COUNTY for payment will
be held until the corrective action plan has been submitted.
CHS will be available to provide Technical Assistance (TA) to the
SUBRECIPIENT, as needed, in order to correct the non-compliance issue.
2. If in the case SUBRECIPIENT fails to submit the corrective action plan in a timely
manner to the COUNTY, the COUNTY may require a portion of the awarded grant
amount be returned to the COUNTY.
The COUNTY may require upwards of five percent (5%) of the award amount
be returned to the COUNTY, at the discretion of the Board of County
Commissioners.
• The entity may be denied future consideration as set forth in Resolution No.
2013-228.
3. If in the case SUBRECIPIENT continues to fail to correct the outstanding issue or
repeats an issue that was previously corrected and has been informed by the
COUNTY of their substantial non-compliance by certified mail; the COUNTY
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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
COUNTY.
• The COUNTY may require upwards often percent (10%) ofthe award amount
be returned to the COUNTY, at the discretion of the Board of County
Commissioners.
• The SUBRECIPIENT will be considered in violation of Resolution No. 2013-
228.
4. If in the case, after repeated notification, SUBRECIP ENT continues to be
substantially non-compliant, the COUNTY may recommend the contract or award
be terminated.
• The COUNTY will make a recommendation to the Board of County
Commissioners to immediately terminate the agreement or contract. The
SUBRECIPIENT will be required to repay all funds disbursed by the
COUNTY for the project that was terminated. This includes the amount
invested by the COUNTY for the initial acquisition of properties or other
activities.
• SUBRECIPIENT will be considered in violation of Resolution No. 2013-228.
If in the case SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be
non-compliant, the above sanctions may be imposed across all awards at the BCC's discretion.
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this agreement, and on the resolution of monitoring findings identified pursuant to this
agreement, as deemed necessary by the County Manager or designee.
During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the
I Oth 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 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
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
TERMSAND
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 subpartK of these regulations, except
that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities
described in 24 CFR 570.604; (2) the SUBRECIPIENT does not assume the recipient's
responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) the
SUBRECIPIENT is 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 laws, regulations, and policies governing the funds provided under this agreement.
The SUBRECIPIENT further agrees to utilize funds available under this agreement to supplement
rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating
or establishing the relationship of 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.
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 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.
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
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activities to be undertaken as part of this agreement, such modifications will be incorporated only
by written amendment, signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from 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, or the reduction of funds awarded by HUD to
Collier County, to a level, determined by the County Manager, to be insufficient to adequately
administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all
or any portions of the funds will not be available. In either event, the COUNTY may terminate this
agreement, which termination shall be effective as of the date that it is determined by the County
Manager or designee, in his/her sole discretion and judgment, that the funds are no longer available.
In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to
hold the COUNTY, nor any individual member of the County Commissioners and/or County
Administration, personally liable for the performance of this agreement, and the COUNTY shall
be released from any further liability to SUBRECIPIENT under the terms of this agreement.
3.6 INDEMAILFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act, 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 there-
on. 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 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
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, whether printed or digitally prepared and released by the SUBRECIPIENT for, on
behalf of, and/or about the Program shall include the statement:
"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN
SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team, as well as
Equal Housing Opportunity, to the general public. Construction signs shall comply with applicable
COUNTY codes.
3.8 DEFAULTS, REMEDIES, AND TERMINATION
In accordance with 2 CFR 200.339, this agreement may also be terminated for convenience by
either the COUNTY or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for
such termination, the effective date, and, in the case of partial terminations, the portion to be
terminated. However, if in the ease of a partial termination, the COUNTY determines that the
remaining portion of the award will not accomplish the purpose for which the award was made, the
COUNTY may terminate the award in its entirety.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
agreement:
A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or
such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as
may become applicable at any time.
B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its
obligations under this agreement.
C. Ineffective or improper use of funds provided under this agreement.
D. Submission by the SUBRECIPIENT to the COUNTY 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.
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
that SUBRECIPIENT has received under this agreement.
D. Apply sanctions, if determined by the COUNTY to be applicable.
E. Stop all payments, until identified deficiencies are corrected.
F. Terminate this agreement by giving written notice to SUBRECIPIENT 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. Regulations regarding real property are
subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7).
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" and 2 CFR 200.310, has been obtained, and said
insurance shall be carried, at all times, during SUBRECIPIENT's performance under the
agreement.
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, Cost Principles and
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Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the
Community Development Block Grant (24 CFR 570 et seq.).
3.12 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through
.326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing
thresholds are:
Range:
Competition Required
$0-$3,000
Single Quote with documentation
$3,000 - $50,000
3 Written Quotes
$50,000+
Formal Solicitation ITB, RFP, etc.
All improvements specified in Part I. Scope of Work shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding, under a procedure acceptable to the
COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts for
improvements with the lowest responsible and qualified bidder. Contract administration shall be
handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records
and documents related to the project.
3.13 PROGRAM GENERATED INCOME
No Program Income is anticipated. In the event Program Income is derived from the use of CDBG
funds disbursed under this agreement, such Program Income shall be utilized by the
SUBRECIPIENT for CDBG-eligible activities, approved by COUNTY. 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 accordingly, and shall be in
compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When
program income is generated by an activity that is only partially assisted with CDBG funds,
the income shall be prorated to reflect the percentage of CDBG funds used. In the event there
is a program income balance at the end of the Program Year, such balance shall revert to the
COUNTY's Community Block Grant Program, for further reallocation.
Public Facilities and Improvements: Public facilities that are acquired, constructed, rehabilitated,
or otherwise improved with CDBG funds are subject to this requirement. This includes parks,
libraries, community centers, and any other facility whose primary purpose is a public one. For
these facilities, program income is the income generated by the use of the facility, less the operating
costs associated with generating the income. The COUNTY considers utilities, property insurance,
and facility maintenance to be operating costs that should be subtracted from revenue to determine
net program income. For each funded project, the SUBRECIPIENT must submit for the
COUNTY's approval a list of proposed costs incidental to the generation of the program income.
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Additionally, real property under the SUBRECIPIENT'S control that was acquired or improved,
in whole or in part, with CDBG funds shall be used to meet one of the CDBG National Objectives
pursuant to 24 CFR 570.208, during the continued use period, as referenced in section 3.14 (Grant
Closeout Procedures) of this agreement. If the SUBRECIPIENT sells, transfer, disposes of, or
otherwise fails to continue to use the CDBG-assisted real property in a manner that meets a CDBG
National Objective, the SUBRECIPIENT shall pay the COUNTY an amount equal to a percentage
of the current fair market value of the property, after subtracting disposal costs. Such percentage
shall have as its basis, the percentage of the appraised value attributable to CDBG and non-CDBG
funds expended for the original acquisition of, or improvement to, the property under the terms of
this agreement. Such payment shall constitute program income to the COUNTY.
3.14 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. The SUBRECIMENT may close out the project with the COUNTY after the five (5)
year continued use period has been met (for public services, "after the expiration of the
Agreement"). The continued use period shall commence with the later of the Subrecipient meeting
the National Objective or the recording of lien and/or deed restriction documentation). Activities
during this closeout period shall include, but are not limited to making final payments, disposing
of program assets (including the return of all unused materials, equipment, program income
balances, and receivable accounts to the COUNTY), and determining the custodianship of records.
In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with
Section 119.021, Florida Statutes regarding records maintenance, preservation, and retention. A
conflict between state and federal 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 that have been advanced or paid must be returned to the COUNTY. Any funds
paid exceeding the amount SUBRECIPIENT is entitled to 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. Closeout procedures must
take place in accordance with 2 CFR 200.343.
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
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 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 51 percent of the beneficiaries of a project funded through this agreement must be low -
and moderate- income persons or presumed to be low- to moderate- income persons based on
applicable regulation, if the agreement is meeting a national objective through a LMI strategy. If
the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide,
more than 30 percent 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 principlgs 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 continued use
period and must be 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 SUBRECIPIENT. The SUBRECIPIENT covenants that
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it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", 2 CFR 200.318, and
the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest.
The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person, or an entity
owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval
of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not
intended to limit SUBRECIPIENT's ability to self -manage the projects using its own employees.
Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its
contractors shall be disclosed, in writing, to CHS provided, however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low- and moderate -
income residents of the project target area.
3.20 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 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.
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3.21 INCIDENT REPORTING
If services to clients are to be provided under this agreement, the SUBRECIPIENT and any
subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of
a child, aged person, or disabled adult to the COUNTY.
3.22 SEVERABILITY
Should any provision of the agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title24/24cfr570_main_02 pi
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
https://www.eefrgov/cgi-bin/text-idx?tpl=/ccfrbrowsc/Title24/24cfr58 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
https://portal.hud.gov/hudportal/HLJD?srcf/program offices/fair housing equal opp/FHLaws/10
9
4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing
Act.
http://www.hud.eov/offices/fheo/library/huddoistatement.pdf ms://www.hud.ggv/progam offic
es/fair housing equal opp/ReasonableAccommodationsl5
Executive Order 11063 —Equal Opportunity in Housing
https://www.hud.goy/proms offices/fair housing equal opp/FHLaws/EX011063
Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs
https://www.archives. gov/federal-register/codification/executive-order/ 12259.html
24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O.
hLtps://www.law.comell.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 https://www.hud.goo/programdescription/title6
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.
https://www. gpo.gov/fdsys/pkg/CFR-2007-title24-vol3/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:
https://www.hud.gov/propram offices/fair housing equal opp/FHLaws/EX011246
EO 11375 and 12086: see item #8 below
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0a
4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972,42 USC § 2000e, et, seq. The SUBRECIPIENT will, in all solicitations or advertisements for
employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or
Affirmative Action employer.
https://www.hud.govL/propiramdescription/title6
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 Subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the agreement through which Federal
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
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.
Youth Haven, Inc.
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https://www.hud.gov/sites/documents/DOC 12047.PDF
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
https://www.ecfr.gov/cyi-bin/text-idx?c=eefr&til=/eefrbrowse/Titic24/24cfrl35 main 02.tpI
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
httns://www.hud.ggy/propram offices/fair housing equal opp/FHLaws/109
httns://portal.hud. ovg /hudportal/HUD7src=/program offices/fair housingetc ual opp/FHLaws/E
XO 11063
11246: https://www.dol. ovg /ofccp/regs/statutes/eol1246.htm
11375: Amended by EO 11478
11478: https://www.archives.gov/federal-register/codification/executive-order/11478.html
12107: https://www.archives.gov/federal-register/codification/executive-order/12107.htmi
12086: https://www.archives.wv/federal-register/codification/executive-order/l2086.html
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
httns://www.dol.goy/whd/regs/statutes/safeO l .pdf
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(6) (5), 24 CFR 570.614 Subpart K.
Section 504: httns://www,epa.gov/civihights/sec504.htm
29 USC 776: https://law.onecle.com/uscode/29/776.html
24 CFR 570.614:129ps://www.law.comell.edu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990: https://www.hud. ovg /hudprograms/eohudAp
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
hftps://www.fhwa.dot.gov/real estate/uniform act/index.cfm
4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects, 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
https://www.law.comell.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)
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hitps://www.law.comell.edu/cfr/text/29/Tart-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally
assisted projects. https://www.presidency.ucsb.edu/ws/index.php?pid=23675
4.16 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 - which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise.
https://www.archives.gov/federal-register/codification/exccutive-order/l 1625.html
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: https://www.gpo.gov/fdUs/pkv-/CFR-2010-title24-vol3/pdf/CFR-2010- title24-
vol3-sec570-608.pdf
E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm
4.18 Public Law 100-430 - the Fair Housing Amendments Act of 1988.
bitps://www.ncbi.nlm.iiih.90yL/pitbmed/12289709
4.19 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
https://www.ecfr.goy/egi-bin/text-idx?tpl=/ecfrbrowse/Title02/2efr200 main 02.V1
4.20 Immigration Reform and Control Act of 1986
https://www.eeoc.gov/eeoc/histor3/35th/thelaw/irca.htfnl
4.21 Prohibition of Gifts to County Employees - No organization or individual shall offer or give, either
directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any County
employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance
No. 2004-05, as amended, and County Administrative Procedure 5311.
Florida Statutes-
https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii
Collier County-
http://www.collierggv.net/home/showdocument?id=35137
4.22 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the agreement shall take precedence over the 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
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by application of the Supplemental Conditions, if any, or the agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
4.23 Venue -Any suit of action brought by either party to this agreement against the other party, relating
to or arising out of this agreement, must be brought in the appropriate federal or state courts, in
Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required
for this item).
4.24 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes. The litigation arising out of this agreement shall be adjudicated in Collier County, Florida,
if in state court and the US District Court, Middle District of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
https://www.flsenate.gov/Laws/Statutes/2012/44.102
4.25 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. https://www.law.cornell.edu/uscode/text/42/7401
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.law.comell.edu/uscode/text/33/chVter-26
4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an
area identified by FEMA as having special flood hazards, flood insurance under the National Flood
Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA)
may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said
flood insurance.
https://www.law.comell.edu/cfr/text/24/570.605
4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to the HUD Lead- Based Paint Poisoning
Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo.gov/fdUs/granule/CFR-
2000-title24-vol3/CFR-2000-title24-vol3-sec570-608-id 163
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4.28 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this agreement.
https://www.nps.gov/histML/local-law/nhpal l 966.htm
https://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr800_main _02.tpl
In general, this requires concurrence from the State historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, State or Local historic property list.
https://www.nps.gov/history/local-law/nhpal966.htm
4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with
the Drug -Free Workplace Act of 1988 (41 USC 701).
https://www.gpo.izov/fdUs/granuie/USCODE-2009-titIC4I IUSCODE-2009-title4 I -chap 10-
sec701
4.30 The SUBRECIPtENT 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.
https://www.law.comell.edu/cfr/text/24/570.609
4.31 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable
and agrees to adhere to the accounting principles and procedures required therein, utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred. These
requirements are enumerated in 2 CFR 200, et seq.
4.32 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be
submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The
SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500. Subrecipients exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S
fiscal year. Per 2 CFR 200.344, if this agreement is closed out prior to the receipt of an audit report,
the COUNTY reserves the right to recover any disallowed costs identified in an audit after such
closeout.
https: //www.ecfr. gov/cpi-bin/text-
idx?SID=5a78addefff9a535e83 fed3010308aef&mc=true&node=se2.1.200 1344&rgn=div8
4.33 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation
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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 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.
https://www.gpo.gov/fdsys/granule/CFR-1999-titte49-vol l/CFR-1999-title49-vol l -sec24-101
https://www.gpo.gov/fdsys/granule/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-505
4.34 As provided in § 287.133, Florida Statutes, by entering into this agreement or performing any work
in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.
This notice is required by § 287.133 (3) (a), Florida Statutes.
hq://www.leg.state.fl.us/Statutes/index.cfin?App mode=Display Statute&Search String=&UR
L=0200-0299/0287/Sections/0287.133.html
4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress, in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions. The undersigned shall require that the language of
this certification be included in the award documents for all sub -awards at all tiers (including
subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem
rates in effect at the time of travel.
11ttps://Www.gsa.gov/portal/content/104877
4.37 Equal access in accordance with the individual's gender identity in community planning and
development programs, per 24 CFR 5.106.
https://www.govregs.coin/regulations/gxpand/title24 part5 subpartA section5.106
4.38 Housing Counseling, including homeownership counseling or rental housing counseling, as defined
in §5.100, required under or provided in connection with any program administered by HUD shall
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be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214
to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111.
hftps://www.eefr.gov/cgi-bin/text-
idx?SID=e339ece9fdfd 1479cab67e85Oc7cddd4&node=24:2.1.1.2.10.4&rp=div6
haps://www.law.comell.edu/cfr/text/24/5.111
4.39 HUD Final Rule — Implementation of the Violence Against Women Reauthorization Act of 2013
which applies for all victims of domestic violence, dating violence, sexual assault, and stalking,
regardless of sex, gender identity, or sexual orientation, and which must be applied consistent
with all nondiscrimination and fair housing requirements.
https://www.federalre isg ter.aov/documents/2016/11/16/2016-25888/violence-against-women-
reauthorization-act-of-2013-implementation-in-hud-housing=pro rgrams
4.40 Any rule or regulation determined to be applicable by HUD.
4.41 Florida Statutes 713.20, Part 1, Construction Liens
https://www.lea.state.fl.us/Stahrtes/index.cfm?App mode=Display Statute&URL=0700-
0799/0713/0713.html
4.42 Florida Statutes 119.021 Records Retention
htto://www.leg.state.fl.us/Statutes/index.cfn?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.021.html
4.43 Florida Statutes, 119.071, Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cftn?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.02 Lhtml
(Signature Page to Follow)
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J
IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an
authorized person or agent, hereunder set their hands and seals on the data fust written above.
ATTEST: BOARD OP COUNTY COMMISSIONERS OF
CRYSTAL K. K,INZEL, CLERIC COLLIER COUNTY, FLORIDA
By:
Deputy Clerk WILLIAM L. McDANML, JR„ CI4ATRMAN
Date:
YOUTH HAVEN, INC.
(SEAL) ����ff�� //
By: /D/�W� gw`
ST7EPRAIM SPELL, PRESIDENT
Dale:. o/q' l I
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney
5
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PART V
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
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.
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.
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:
S. 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
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M
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.
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.
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.LM.A.
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E2HIBIT B
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Youth Haven, Inc
Subrecipient Address: 5867 Whitaker Road Naples, FI. 34112
Project Name: Odorizzi Cottage Rehabilitation
Project No:
Total Payment Minus Retainage
Period of Availability: through
Payment Request #
Period for which the Agency has incurred the indebtedness • through
SECTION H: STATUS OF FUNDS
1. Grant Amount Awarded $
2, Sum of Past Claims Submitted on this Account
YI
3. Total Grant Amount Awarded Less Sum of Past Claims
Submitted on this Account $
4. Amount of Today's Request
5. 10% Retainage Amount Withheld (if applicable)
6. Current Grant Balance (Initial Grant Amount Award
request) (includes Retainage)
$
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief,
all grant requirements have been followed.
Signature
Title
Authorizing Grant Coordinator
Supervisor
(Approval required $15,000 and above)
Youth Haven, Inc.
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Date
Authorizing Grant Accountant
Division Director
(Approval Required $15,000 and
above)
Page 33
EXHIBIT C
QUARTERLY PERFORMANCE REPORT DATA
GENERAL -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. At COUNTY's discretion, SUBRECIPIENT may be
required to enter the information collected on this exhibit into an online grant management system.
Agency Name: Youth Haven, hlc. Date:
Project Title: Odorizzi Cottage Rehabilitation IDIS #:
Program Contact: I Telephone Number:
Activity
Reporting Period
Report Due Date
October
15' —December 3151
January 10'h
January
151— March 311f
Aril 1011
April 11t
—June 30u`
Jul 10`h
Jul 151—
September 30'h
October 10"
REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period):
12/31/19 3/31/20 6/30/20 9/30/20
Please note: The CDBG/HOME/ESG Program year begins October 1, 2019 — September 30, 2020. Each quarterly
report must include cumulative data beginning from the start of the program year October 1, 2019.
1.
Please list the outcome goal(s) from your approved application and subrecipient agreement and indicate your
for this period?
Progress in meeting those goals since October 1, 2019.
a.
Outcome Goals: list the outcome goal(s) from your approved application and subreci fent agreement
4.
What funding sources did the subreci fent apply
for this period?
Section 108 Loan Guarantee $
CDBG
$
Other Consolidated Plan Funds $
HOME
$
Other Federal Funds $
ESG
$
$
HOPWA
$
$
Total Entitlement Funds
$
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5.
What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if
applicable? Answer question 5a or 5b; NOT both
For LMC activities: people, race/ethnicity, and income data are reported by persons.
For LMH activities: households, race/ethnicity, and income level are reported by households, regardless
the number of persons in the household.
7.
a.
Total No. Persons/Adults served 0
LMC
Total No. persons served under 18 (LMC) 0
YTD Total 0 YTD Total 0
Quarter Total No. of Persons 0
Quarter Total No. of Persons 0
a
Presumed Benefit Activities Onl LMC QTR
b
Presumed Benefit Activities Only LMC YTD
ELI
0 Abused Children ELI
b.
Total No. of Households served 0
Total No. of female head of household (LMH) 0
6.
What is the total number of UNDUPLICATED clients served since October, if applicable?
Answer question 6a or 6b, NOT both
For LMC activities: race/ethnicity and income data are reported by persons.
7.
a. Total No. Persons/Adults served 0 Total No Persons served under 18 (LMC) 0
LMC
YTD Total: 0 YTD Total 0
b. Total No. Households served LMH 0 Total No. femalehead of household (LMH) 0
YTD Total 0 YTD Total 0
8.
Complete EITHER question 7 or 8, NOT both
Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed
Benefit categories.
7.
PRESUMED BENEFICIARY DATA ONLY:
LMCQuarter
PRESUMED BENEFICIARY DATA ONLY
LMC YTD
Indicate the total number of UNDUPLICATED
persons served thisug arter who fall into each
presumed benefit category (the total should equal the
total in question #6a or 6b):
Indicate the total number of UNDUPLICATED persons
served since October 1 who fall into each presumed
benefit category (the total should equal the total in
question #6a or 6b):
Indicate the total number of UNDUPLICATED
persons served this Quarter who fall into each
income category (the total should equal the total
uestion #6
a
Presumed Benefit Activities Onl LMC QTR
b
Presumed Benefit Activities Only LMC YTD
ELI
0 Abused Children ELI
0
0
Abused Children ELI
0 Homeless Person ELI
0
Homeless Person ELI
0 Migrant Farm Workers LI
0
Migrant Farm Workers LI
0 Battered Spouses LI
0
Battered Spouses ouses LI
0 Persons w/HIV/AIDS LI
0
Persons w/HIV/AIDS LI
0 Elderly Persons LI or MOD
0
Elderly Persons LI or MOD
0 Illiterate Adults LI
0
Illiterate Adults LI
0 Severely Disabled LI
Adults
0
Severely Disabled Adults LI
0 Quarter Total
0
YTD Total
8.
Complete question 8a and 8b if any client in your program
does not fall into a Presumed Benefit category.
Other Beneficiary Data: Income Range
Other Beneficiary Data: Income Range
Indicate the total number of UNDUPLICATED
persons served this Quarter who fall into each
income category (the total should equal the total
uestion #6
in
Indicate the total number of UNDUPLICATED persons
served since October I (YTD) who fall into each income
category (the total should equal the total in question #6):
a
ELI
Extremely Low Income (0-30%)
0
b
ELI
Extremely Low Income (0-300%)
0
LI
Low Income (31-50%)
0
Ll
Low Income
0
MOD
Moderate Income (51-80%)
0
MOD
Moderate Income (51-800/.)
0
NON-
L/M
Above Moderate Income (>80%)
0
NON-
LIM
Above Moderate Income (>800/9)
0
Quarter Total
0
YTD Total
0
Youth Haven, Inc.
CD19-07
Odorizzi Cottage Rehabilitation
Page 35
CAO
9.
Racial & Ethnic Data if applicable)
CD19-07
Please indicate how many UNDUPLICATED
clients served this Quarter 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 in question 6.question
Please indicate how many UNDUPLICATED clients
served since October (YTD) 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 in
6.
a. RACE ETHNICITY
/HISPANIC
b. RACE ETHNICITY
/HISPANIC
White 0 0
White 0 0
Black/African American 0 0
Black/African American 0 0
Asian 0 0
Asian 0 0
American Indian/Alaska Native 0 • 0
American Indian/Alaska Native 0 0
Native Hawaiian/Other Pacific Islander 0 0
Native Hawaiian/Other Pacific Islander 0 0
Black/African American & White 0 0
Black/African American & White 0 0
American Indian/Alaska Native & 0 0
Black/African American
American Indian/Alaska Native & 0 0
Black/African American
Other Multi -racial 0 0
Other Multi -racial 0 0
0 0
0 0
Name:
Signature:
Title:
Your typed name here represents your electronic signature
Youth Haven, Inc.
CD19-07
Odorizzi Cottage Rehabilitation
Page 36
A
EXHIBIT D
INCOME CERTIFICATION
INSTRUCTIONS
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
Page 37
Cq
3
4
5
6
7
8
0.00
B. Assets: All Household Members, Including Minors
Member Asset Description
Cash Value Income
from Assets
1
2
Page 37
Cq
3
4
5
6
7
8
0.00
Total Cash Value of Assets B(a)
0.00
Total Income from Assets B(b) 0.00
If line B(a) is greater than $5,000, multiply that amount by the rate specified
by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave
blank. B(c)
Youth Haven, Inc.
CD19-07
Odorizzi Cottage Rehabilitation
Page 37
Cq
A. 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
1
greater of
2
box B(b) or
3
box B(c),
in
above,
4
box C(e)
5
below)
6
7
8
Totals
(a)
(b) (c) (d)
(e)
0.00
0.00 0.00 0.00
Enter total of items C(a) through C(c).
0.00
This amount is the Annual Anticipated Household Income.
B. Recipient Statement: The information on this form is to be used to determine maximum
income for eligibility. Uwe have provided, for each person set forth in Item A, acceptable
verification of current and anticipated annual income. Uwe certify that the statements are true
and complete to the best of my/our knowledge and belief and are given under penalty ofpeijury.
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)
Date
Date
Youth Haven, Inc.
CD19-07
Odorizzi Cottage Rehabilitation Page 38
A
A. 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:
❑ Extremely Low Income (ELI) Household means and individual or family whose annual income
does not exceed 30/50'b of the Very Low Income (60 percent of VLI) 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 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
B. Household Data
Date
Title
Number of Persons
By Race / Efludeity B Age
Native
American
Hawaiian or
2
0 5
26-40
41-61
62+
Indian
Asian
Black
Other Pac.
white
Other
Islander
Hispanic
Non -
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.
Youth Haven, Inc.
CD19-07
Odorizzi Cottage Rehabilitation Page 39
EXHIBIT E
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if
subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires
that all appropriate documentation is provided regarding your organization's compliance. In determining Federal
awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the
activity related to the Federal award occurs, including any Federal award provided by Collier County. The
determination of amounts of Federal awards expended shall be in accordance with the guidelines established by
established by 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single
Audit Act Statute 215.97 requirements.
Subrecipient
Name
First Date of Fiscal Year MM/DD/YY
Last Date of Fiscal Year MM/DD/YY
Total Federal Financial Assistance Expended
Total State Financial Assistance Expended during
during most recently completed Fiscal Year
most recently completed Fiscal Year
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has
been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed
or will be completed by . Copies of the audit report and management letter
are attached or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑ Are a for-profit organization
❑ Are exempt for other reasons —explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit report. While we
understand that the audit report contains a written response to the finding(s), we are
requesting an updated status of the corrective action(s) being taken. Please do not provide
just a copy of the written response from your audit report, unless it includes details of the
actions, procedures, policies, etc. implemented and when it was or will be implemented.
Certification Statement
hereby certify that the above information is true and accurate.
Signature
Date
Print Name and Title
Youth Haven, Inc.
CD19-07
Odorizzi Cottage Rehabilitation
06/18
Page 40
FAIN #
B -19 -UC -12-0016
Federal Award Date
EST. 10/2019
Federal Award Agency
HUD
CFDA Name
Community
Development Block
Grant
CFDA/CSFA#
14.218
Total Amount of Federal
Funds Awarded
$108,450
Subreci ientName
City of Naples
DUNS#
084130293
FEIN
59-6000382
R&D
No
Indirect Cost Rate
No
Period of Performance
10/1/2019-04/30/2021
Fiscal Year End
9/30
Monitor End:
04/30/2026
AGREEMENT BETWEEN COLLIER COUNTY
AND
CITY OF NAPLES
THIS AGREEMENT is made and entered into this _ day of June 2019. by and between Collier County,
a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address at
3339 E Tamiami Trail, Naples FL 34112, and City of Naples, ("SUBRECIPIENT"), having its principal
office at 735 81 Street South Naples, Fl. 34102-1401.
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 2019-2020 for the CDBG Program with
Resolution 2019- on June 25, 2019 — Agenda Item ; and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans, the County advertised the 2019/2020 Annual
Action Plan, on May 24, 2019, with a 30 -day Citizen Comment period from May 24, 2019 to June 25,2019;
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 the undertaking the CDBG CD19-02 River Park— 12" Street Sidewalk Connection.
City of Naples
Cn19-02
River Park -12`^ Street Sidewalk Connection Page 1
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
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 provided herein and, as determined by Collier County
Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as
follows:
Project Name: River Park —12" Street Sidewalk Connection
Description of project and outcome:
CHS, as administrator of the CDBG program, will make available CDBG funds up to the gross amount of
$108,450 to the City of Naples to fund: Construction and clearing activities needed to install an ADA
accessible lighted sidewalk connection. The new sidewalk will connect an existing sidewalk along the south
side of 3`d Avenue North with a newly constructed dedicated public open space in the northeast corner of
the 1111 Central Avenue development.
The project will be defined in the project plans, specification and schedule of values.
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty (60) calendar days of the execution of this agreement, the SUBRECIPIENT
must deliver to CHS for approval a detailed project schedule for the completion of the
project, excluding Public Service projects.
B. The following resolutions and policies must be submitted by SUBRECIPIENT within sixty
(60) days of this agreement:
❑ Affirmative Fair Housing Policy
® Affirmative Action/ Equal Opportunity Policy
® Conflict of Interest Policy
® Procurement Policy
❑ Uniform Relocation Act Policy
® Sexual Harassment Policy
® Procedure for meeting the requirements set forth in Section 3 of the Housing and
Urban Development Act of 1968, as amended (I2U.S.C. 794 1 u)
Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
® Fraud Policy
City of Naples
CD19-02
River Park -12 ^ Street Sidewalk Connection
Page 2
C. Environmental Review Requirement (ERR) - No program costs can be incurred until an
environmental review of the proposed project is completed and approved. Further, the
SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance
of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the
denial of any reimbursement of funds under this Agreement.
1.2 PROJECT DETAILS
A. Project Description/ProjectBudget
Description
I Federal Amount
Project Component 1: Construction and clearing activities needed to install an ADA
accessible lighted sidewalk connection
$108,450
Total Federal Funds:
$108,450
The Subrecipient will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
❑ Maintain and provide to the County, as requested, beneficiary income certification
documentation
® Maintain and provide National Objective Documentation
® Provide Quarterly Reports on National Objective and project progress
® Required attendance by a representative from executive management at scheduled
partnership meetings, as requested by CHS.
❑ Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation.
® Identify Lead Project Manager
® Provide Site Design and Specifications
Comply with Davis Bacon Labor Standards
Comply with Section 3, maintain documentation and reporting requirements
® Provide certified payroll weekly throughout construction and rehabilitation
❑ Comply with Uniform Relocation Act (URA), if necessary
❑ Ensure applicable numbers of units are Section 504/ADA accessible
❑ Ensure the applicable affordability period for the project is met
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 thatall activities and beneficiaries
meet the definition of:
E LMA—Low/Mod Area Benefit
❑ LMC — Low/Mod Clientele Benefit
City of Naples
CDe9-02
River Park —12'^Street Sidewalk Connection Page 6•
J
❑ LMH—Low/Mod Housing Benefit
❑ LMJ — Low/Mod Job Benefit
LMA: Must document where at least 51 percent of the residents are LMI persons based on
HUD determined eligible census tracts. Failure to achieve the national objective under this
agreement will require repayment of the CDBG investment under this agreement.
LMC: Must document that at least 51 percent of persons served, are low to moderate
income persons or households, in order to meet a CDBG National Objective. Failure to achieve the
national objective under this agreement will require repayment of the CDBG investment under this
agreement.
LAM: Must document providing or improving permanent residential structures, which
upon completion will be occupied by LMI households. Structures with three or more units must
have at least 51 percent occupied by LMI households and structures with less than three units must
be occupied by 100 percent LMI households. Failure to achieve the national objective under this
agreement will require repayment of the CDBG investment under this agreement.
LMJ: Must document job creation and retention. The LMI benefit national objective
addresses activities designed to create or retain permanent jobs, at least 51 percent of which
(computed on a full-time equivalent basis) will be made available to or held by LMI persons.
Failure to achieve the national objective under this agreement will require repayment of the CDBG
investment under this agreement.
C. Performance Deliverables
Program Deliverable
Deliverable Supporting
Submission Schedule
Documentation
Special Grant Condition Policies
Policies as stated in this
Within sixty (60) days of
Section 1.1
agreement
agreement execution
Insurance
Insurance Certificate
Within 30 days of agreement
execution and Annually within
thii 30 da s of renewal
Detailed Project Schedule
Project,Schedule
Within sixty (60) days of
agreement execution
Project Plans and Specifications
Site Plans and Specifications
Prior to procurement
Subcontractor Log
Subcontractor Log
Initially at construction start,
and uarterl thereafter
Submission of Progress Report
Exhibit C
Quarterly reports within 10 days
following the end of the quarter.
Final report due 60 days after
agreement ends.
Section 3 Report
Quarterly report of new hire
Quarterly
information
Davis -Bacon Act Certified
Weekly
Within 21 days of receipt
Payroll
Financial and Compliance Audit
Audit, Management Letter and
Annually: nine (9) months after
Exhibit E
FY end for Single Audit OR one
hundred eighty (180) days after
FY end
City of Naples
CD19-02 O
River Park -12`^Street Sidewalk Connection Page V
Continued Use Certification
Continued Use Affidavit, if
applicable
Annually; for five (5) years after
meeting the National Objective
Revenue Plan for maintenance
Plan approved by the County
Initial Plan due after completion
and Capital Reserve
must be provided as backup as evidenced
of construction. Annually;
activities needed to install an
by, banking documents, completed AIA
through the period of continued
ADA accessible lighted sidewalk
G702-1992 form, or equivalent document
use
Program Income Reuse Plan
Not applicable
Not applicable
D. Payment Deliverables
Payment Deliverable
Payment Supporting Documentation
Submission Schedule
Project Component 1:
Submission of supporting documents
Submission of
Construction and clearing
must be provided as backup as evidenced
monthly invoices.
activities needed to install an
by, banking documents, completed AIA
ADA accessible lighted sidewalk
G702-1992 form, or equivalent document
connection
per contractor's Schedule of Values and
any additional documents as needed.
The County will pay up to 90% of the
total grant award or project costs
whichever is lower upon proof of proper
payment.
The remaining 10% of the award or
Following close out
project costs will be released upon final
monitoring
monitoring clearance and meeting a
National Objective
For clarity, the County will not withhold
10% on each payment, rather, the last
10% will only be paid as previously
specified.
Final 10 percent of award amount will be paid upon completion of final monitoring clearance and
documentation of meeting the National Objective. Failure by the subrecipient to achieve the National
Objective will require repayment of the CDBG investment under this agreement.
1.3 PERIOD OF PERFORMANCE
Services of the Subrecipient shall start on October 1, 2019 and shall end on April 30, 2021.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available (One Hundred Eight Thousand Four Hundred Fifty)
Dollars ($108,450.00) for use by the SUBRECIPIENT, during the term of the agreement
(hereinafter, shall be referred to as the "Funds").
City of Naples
Cn19-02
River Park— 12'^Street Sidewalk Connection Pages Q'
Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund
shifts among line items shall not be more than 10 percent of the total funding amount and does not
signify a change in scope. Fund shifts that exceed 10 percent of the agreement amount shall only
be made with Board approval.
The County shall reimburse the SUBRECIPIENT for the performance of this agreement upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible
costs, and all disbursement requests must be limited to the amount needed at the time of the
request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations
incurred during the term of this agreement. Invoices for work performed are required every month.
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 may be required if two
consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT,
when requested, as work progresses but, not more frequently than once per month. Reimbursement
will not occur if Subrecipient fails to perform the minimum level of service required by this
agreement.
Final invoices are due no later than 90 days after the end of the agreement. Work performed during
the term of the program but not invoiced within 90 days after the end of the agreement may not be
processed without written authorization from the Grant Coordinator.
The County Manager or designee may extend the term of this agreement for a period of up to 180
days after the end of the agreement. Extensions must be authorized, in writing, by formal letter to
the SUBRECIPIENT.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requirements. Except where disputed for noncompliance,
payment will be made upon receipt of a properly completed invoice and in compliance with
§218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act."
1.5 COST PRINCIPLES
Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost
allowability found at 2 CFR 200 Subpart E -Cost Principles. For the purposes of this section
(Section 1.5 -Cost Principles) of this agreement, SUBRECIPIENT is defined as a described in 2
CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under this
Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed
specifically to the projects referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT
must provide adequate documentation for validating costs incurred. Payments to
SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the
procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by
the SUBRECIPIENTS and Contractors shall comply with 2 CFR Subpart E -Cost Principles. A
City of Naples
CD19-02
River Park -12'^ Street Sidewalk Connection
Page 6
CA
Developer is not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart
E and may impose requirements upon the Developer, in order for the COUNTY to remain
compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal
controls and maintain necessary source documentation for all costs incurred and adhere to any other
accounting requirements included in this agreement.
1.6 NOTICES
Notices required by this agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, 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: Lisa Oien, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: Lisa.Oien@colliercountM.gov
Telephone: (239) 252-6141
SUBRECIPIENT ATTENTION: Felix Gomez, Bids and Grants Coordinator
735 8"' Street South
Naples, Florida 34102
Email: fgomez@naplesgov.com
Telephone: (239) 213-7101
City of Naples
CD19-02
River Park -12`^ Street Sidewalk Connection Page !110
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.
Any deficiencies noted in audit reports must be fully cleared by the 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.
The determination of amounts of Federal awards expended shall be in accordance with guidelines
established by 2 CFR Part 200, Subpart F -Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 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 is not 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 this
agreement shall be made available to the COUNTY, by the SUBRECIPIENT, at any time,
upon request by the COUNTY or CHS. Materials identified in the previous sentence shall
be in accordance with generally accepted accounting principles (GAAP), procedures and
practices, which sufficiently and properly reflect all revenues and expenditures of funds
provided directly or indirectly by this agreement, including matching funds and Program
Income. These records shall be maintained to the extent of such detail as will properly
reflect all net costs, direct and indirect labor, materials, equipment, supplies and services,
and other costs and expenses of whatever nature for which reimbursement is claimed under
the provisions of this agreement.
City of Naples
CD19-02
River Park -12'^ Street Sidewalk Connection Page 8
D. Upon completion of all work contemplated under this agreement, copies of all documents
and records relating to this agreement shall be surrendered to CHS, if requested. In any
event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a
readily accessible, permanent, and secured location for five (5) years after the date of
submission of the annual performance and evaluation report, as prescribed in 2 CFR
200.333, with the following exception: if any litigation, claim, or audit is started before the
expiration date of the five (5) year period, the records will be maintained until all litigation,
claim, or audit findings involving these records are resolved, The COUNTY shall be
informed, in writing, if an agency ceases to exist after closeout of this agreement of the
address where the records are to be kept, as outlined in 2 CFR 200.336. The
SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at
no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon
termination of the contract and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible with the
information technology systems of the COUNTY.
IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT 239-252-68329
Michael.Cox(ii)colliercountyfl.gov, 3299 Tamiami Trail E, Naples
FL 34112.
E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of
1931, 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. SUBRECIPIENT will be responsible for the creation and maintenance of income eligible
files on clients served and documentation that all households are eligible under HUD
Income Guidelines. The SUBRECIPIENT agrees that CHS shall be the final arbiter on the
SUBRECIPIENT's compliance.
G. SUBRECIPIENT shall document how the National Objective(s), as defined in 24 CFR
570.208 and the eligibility requirement(s) under which funding has been received, have
been met. These also include special requirements, such as necessary and appropriate
City of Naples
CD19-02
River Park— 12'^ Street Sidewalk Connection
Page
a
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 COUNTY would provide the records and at a cost that does not
exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized
by 2 CFR 200.336 and 2 CFR 200.337.
2.3 MONITORING
During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to
the COUNTY no later than nine (9) months after the Single Audit (or one hundred eighty (180)
days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT'S fiscal year end.
The COUNTY will conduct an annual financial and programmatic review.
SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desk top
review of the activities may be conducted in lieu of an on-site visit. The continuation of this
agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the
request of CHS, submit information and status reports required by CHS or HUD to enable CHS to
evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall
allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or
unscheduled, as determined by CHS or HUD.
COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud,
waste, abuse, or non-performance, based on goals and performance standards, as stated, with all
other applicable laws, regulations, and policies governing the funds provided under this agreement
further defined by 2 CFR 200.331. Substandard performance, as determined by the COUNTY, will
constitute noncompliance with this agreement. If corrective action is not taken by the
SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract
suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD,
the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the
COUNTY's internal auditor(s) access to all records related to performance of activities in this
agreement.
/ ► -�► � y:: 11 :►11 :: _
SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient
to prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this
agreement and to provide for the proper and effective management of all Program and Fiscal
activities of the agreement. SUBRECIPIENT's internal control systems and all transactions and
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other significant events shall be clearly documented, and the documentation shall be readily
available for monitoring by COUNTY.
SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees,
and agents for the purpose of monitoring or investigating the performance of the Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent
waste, fraud, and abuse.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this Agreement, or of any law or regulation to COUNTY or to any
appropriate law enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this contract. Penalties may be imposed for failures to implement or to make
acceptable progress on such corrective action plans.
In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation
policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant
funds from CHS. CHS's policy for escalation for non-compliance is as follows:
Initial non-compliance may result in Findings or Concerns being issued to the
SUBRECIPIENT, which will require a corrective action plan be submitted to the
COUNTY within 15 days following issuance of the report.
• Any pay requests that have been submitted to the COUNTY for payment will
be held until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to the
SUBRECIPIENT, as needed, in order to correct the non-compliance issue.
2. If in the case SUBRECIPIENT fails to submit the corrective action plan in a timely
manner to the COUNTY, the COUNTY may require a portion of the awarded grant
amount be returned to the COUNTY.
• The COUNTY may require upwards of five percent (5%) of the award amount
be returned to the COUNTY, at the discretion of the Board of County
Commissioners.
• The entity may be denied future consideration as set forth in Resolution No.
2013-228.
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3. If in the case SUBRECIPIENT continues to fail to correct the outstanding issue or
repeats an issue that was previously corrected and has been informed by the
COUNTY of their substantial non-compliance by certified mail; the COUNTY
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
COUNTY.
• The COUNTY may require upwards often percent (10%) of the award amount
be returned to the COUNTY, at the discretion of the Board of County
Commissioners.
• The SUBRECIPIENT will be considered in violation of Resolution No. 2013-
228.
4. If in the case, after repeated notification, SUBRECIPIENT continues to be
substantially non-compliant, the COUNTY may recommend the contract or award
be terminated.
• The COUNTY will make a recommendation to the Board of County
Commissioners to immediately terminate the agreement or contract. The
SUBRECIPIENT will be required to repay all funds disbursed by the
COUNTY for the project that was terminated. This includes the amount
invested by the COUNTY for the initial acquisition of properties or other
activities.
• SUBRECIPIENT will be considered in violation of Resolution No. 2013-228.
If in the case SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be
non-compliant, the above sanctions may be imposed across all awards at the BCC's discretion.
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this agreement, and on the resolution of monitoring findings identified pursuant to this
agreement, as deemed necessary by the County Manager or designee.
During the term, 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 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
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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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a
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; (2) the SUBRECIPIENT does not assume the recipient's
responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) the
SUBRECIPIENT is 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 laws, regulations, and policies governing the funds provided under this agreement.
The SUBRECIPIENT further agrees to utilize funds available under this agreement to supplement
rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating
or establishing the relationship of 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.
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 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.
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
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activities to be undertaken as part of this agreement, such modifications will be incorporated only
by written amendment, signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from 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, or the reduction of funds awarded by HUD to
Collier County, to a level, determined by the County Manager, to be insufficient to adequately
administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all
or any portions of the funds will not be available. hi either event, the COUNTY may terminate this
agreement, which termination shall be effective as of the date that it is determined by the County
Manager or designee, in his/her sole discretion and judgment, that the funds are no longer available.
In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to
hold the COUNTY, nor any individual member of the County Commissioners and/or County
Administration, personally liable for the performance of this agreement, and the COUNTY shall
be released from any further liability to SUBRECIPIENT under the terms of this agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act, 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 there-
on. 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 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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Qd)
public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on
behalf of, and/or about the Program shall include the statement:
"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNI'T'Y AND HUMAN
SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team, as well as
Equal Housing Opportunity, to the general public. Construction signs shall comply with applicable
COUNTY codes.
3.8 DEFAULTS, REMEDIES, AND TERMINATION
In accordance with 2 CFR 200.339, this agreement may also be terminated for convenience by
either the COUNTY or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for
such termination, the effective date, and, in the case of partial terminations, the portion to be
terminated. However, if in the case of a partial termination, the COUNTY determines that the
remaining portion of the award will not accomplish the purpose for which the award was made, the
COUNTY may terminate the award in its entirety.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
agreement:
A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or
such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as
may become applicable at any time.
B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its
obligations under this agreement.
C. Ineffective or improper use of funds provided under this agreement.
D. Submission by the SUBRECIPIENT to the COUNTY 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.
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
that SUBRECIPIENT has received under this agreement.
D. Apply sanctions, if determined by the COUNTY to be applicable.
E. Stop all payments, until identified deficiencies are corrected.
F. Terminate this agreement by giving written notice to SUBRECB'IENT 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. Regulations regarding real property are
subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7).
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" and 2 CFR 200.310, has been obtained, and said
insurance shall be carried, at all times, during SUBRECIPIENT's performance under the
agreement.
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, Cost Principles and
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Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the
Community Development Block Grant (24 CFR 570 et seq.).
3.12 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through
.326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing
thresholds are:
Range:
Competition Required
$0-$3,000
Single Quote with documentation
$3,000 - $50,000
3 Written Quotes
$50,000+
Formal Solicitation ITB, RFP, etc.
All improvements specified in Part I. Scope of Work shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding, under a procedure acceptable to the
COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts for
improvements with the lowest, responsible and qualified bidder. Contract administration shall be
handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records
and documents related to the project,
3.13 PROGRAM GENERATED INCOME
No Program Income is anticipated. In the event Program Income is derived from the use of CDBG
funds disbursed under this agreement, such Program Income shall be utilized by the
SUBRECIPIENT for CDBG-eligible activities, approved by COUNTY. 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 accordingly, and shall be in
compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When
program income is generated by an activity that is only partially assisted with CDBG funds,
the income shall be prorated to reflect the percentage of CDBG funds used. In the event there
is a program income balance at the end of the Program Year, such balance shall revert to the
COUNTY's Community Block Grant Program, for further reallocation.
3.14 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. The SUBRECIPIENT may close out the project with the COUNTY after the five (5)
year continued use period has been met (for public services, "after the expiration of the
Agreement"). The continued use period shall commence with the later of the Subrecipient meeting
the National Objective or the recording of lien and/or deed restriction documentation). Activities
during this closeout period shall include, but are not limited to making final payments, disposing
of program assets (including the return of all unused materials, equipment, program income
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balances, and receivable accounts to the COUNTY), and determining the custodianship of records.
In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with
Section 119.021, Florida Statutes regarding records maintenance, preservation, and retention. A
conflict between state and federal 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 that have been advanced or paid must be returned to the COUNTY. Any funds
paid exceeding the amount SUBRECIPIENT is entitled to 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. Closeout procedures must
take place in accordance with 2 CFR 200,343.
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 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 51 percent of the beneficiaries of a project funded through this agreement must be low -
and moderate- income persons or presumed to be low- to moderate- income persons based on
applicable regulation, if the agreement is meeting a national objective through a LMI strategy. If
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the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide,
more than 30 percent 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 AFFIItMATIVE 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 continued use
period and must be 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 SUBRECIPIENT. The SUBRECIPIENT covenants that
it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", 2 CFR 200.318, and
the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest.
The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person, or an entity
owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval
of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not
intended to limit SUBRECIPIENT's ability to self -manage the projects using its own employees.
Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its
contractors shall be disclosed, in writing, to CHS provided, however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low- and moderate -
income residents of the project target area.
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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 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 INCIDENT REPORTING
If services to clients are to be provided under this agreement, the SUBRECIPIENT and any
subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of
a child, aged person, or disabled adult to the COUNTY.
3.22 SEVERABILITY
Should any provision of the agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title24/24cfr570 main 02.tp1
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
https://www.ecfr. ov/cgi-bin/text-idx?ipl=/ecfrbrowse/Title24/24cfr58_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
https://portal.hud.govibudportal/HUD?src=/program_ offices/fair_housing equal opp/FHLaws/10
9
4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing
Act.
http://www.hud.eov/offices/lheo/library/huddoistatement.ndthttns://www.hud.gov/program offic
es/fair_ housing_ equal opp/ReasonableAccommodationsl5
Executive Order 11063 — Equal Opportunity in Housing
httos://www.hud.poy/program offices/fair housing equal opp/FHLaws/EX011063
Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs
httos://www.archives. gov/federal-register/codification/cxecutivc-order/ I2259.htm1
24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.0
https://www.law.comell.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 https://www.hud.gov/programdescription/title6
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.
hiips: //www. gpo. gov/fdUs/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3 -sec5 70-
602Tpdf
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:
httos://www.hud.gov/program offices/fair housing equal opp/FHLaws/EX011246
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
Affirmative Action employer.
https://www.hud.gov/programdescription/title6
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 tyles 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 Subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the agreement through which Federal
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
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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https://www.hud.gov/sites/documents/DOC 12047.PDF
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
https://www.ecfr.gov/cgi-bin/text-idx?c=ecft tpl=/ecfrbrowse/Titic24/24cfr135_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
https://www.hud.gov//program_offices/fair_housing equal opp/FHLaws/109
https://portal.hud. og v/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/E
XO 11063
11246: https://www.dol.gov/ofccp/regs/statutes/eol 1246.htm
11375: Amended by EO 11478
11478: https://www.archives.goy/federal-re,izister/codification/executive-order/11478.html
12107: https://www.archives.gov/federal-register/codification/executive-order/12107.html
12086: https://www.archives.gov/federal-register/codification/executive-order/12086.htinl
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
bi!ps://www.dol.gov/whd/regs/statutes/safe0l.pd
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K.
Section 504: https://www.epa.gov/civilrights/sec504.htm
29 USC 776: https://law.onecle.com/uscode/29/776.html
24 CFR 570.614: Vis://www.law.coi-nell.edu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990: https://www.hud. og y/hudproprams/eohudgp
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
bttps://www.lhwa.dot.gov/real estate/uniform act/index.cfm
4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects, 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
hitps://www.law.comell.edu/cfr/text/29/Tart-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)
City of Naples
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0
https://www.law.comell.edu/cfr/text/29/part-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally
assisted projects. hfts://www.presidena.ucsb.edu/ws/index.php?pid=23675
4.16 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 - which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise.
https://www.archivcs.gov/federal-register/codification/executive-order/I 1625.html
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: https://www.gpo. og v/fdsys/pkg/CFR-2010-title24-vol3/pdf/CFR-2010- title24-
vol3-sec570-608.pdf
E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm
4.18 Public Law 100-430 - the Fair Housing Amendments Act of 1988.
littps://www.ncbi.nlm.nih.gov/pubmed/12289709
4.19 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200 main 02.t9U1
4.20 Immigration Reform and Control Act of 1986
https://www.eeoc.gov/eeoc/history/35th/flielaw/irca.html
4.21 Prohibition of Gifts to County Employees - No organization or individual shall offer or give, either
directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any County
employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance
No. 2004-05, as amended, and County Administrative Procedure 5311.
Florida Statutes-
https://www.lawserver.com/law/state/florida/statutes/florida_statutes_ chapter_ 112 part _iii
Collier County-
http://www.colliergov.net/home/showdocument?id=35137
4.22 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the
agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
City of Naples
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by application of the Supplemental Conditions, if any, or the agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
4.23 Venue -Any suit of action brought by either party to this agreement against the other party, relating
to or arising out of this agreement, must be brought in the appropriate federal or state courts, in
Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required
for this item).
4.24 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes. The litigation arising out of this agreement shall be adjudicated in Collier County, Florida,
if in state court and the US District Court, Middle District of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
https://www.flsenate.goy/Laws/Statutes/2012/44.102
4.25 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. https://www.law.comell.edu/uscode/text/42/7401
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.law.comell.edu/uscode/text/33/ch4pter-26
4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an
area identified by FEMA as having special flood hazards, flood insurance under the National Flood
Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA)
may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said
flood insurance.
https://www.law.comell.edu/cfr/text/24/570.605
4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to the HUD Lead- Based Paint Poisoning
Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo.gov/fdsys/granule/CFR-
20004itle24-vol3/CFR-2000-title24-vol3-sec570-608-id 163
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C)`a�
4.28 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this agreement.
https://www.nps.gov/histoty/local-law/tilipal966.htm
https://www.eefr.mov/cgi-bin/text- idx?c=ecfi•&tpl=/ecfrbrowse/Title36/36cfr800 main_02.ta1
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.
https://www.nps.govihistory/local-law/nhpal966.htm
4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with
the Drug -Free Workplace Act of 1988 (41 USC 701).
https://www. gpo. eov/fdUs/granu le[USCODE-2009-title4l /USCODE-2009-title4l -chap 10-
sec701
4.30 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not
knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from participating in this covered transaction as outlined in 24
CFR 570.609, Subpart K.
hqps://www.law.comell.edu/cfr/text/24/570.609
4.31 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable
and agrees to adhere to the accounting principles and procedures required therein, utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred. These
requirements are enumerated in 2 CFR 200, et seq.
4.32 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be
submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The
SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500. Subrecipients exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S
fiscal year. Per 2 CFR 200.344, if this agreement is closed out prior to the receipt of an audit report,
the COUNTY reserves the right to recover any disallowed costs identified in an audit after such
closeout.
hMs://www.eefr.gov/cgi-bin/text-
idx?SID=5a78addefff9a535e83fed3010308aef&mc--true&node=se2.1.200 1344&r r
4.33 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation
City of Naples
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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 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.
https://www.gpo.gov/fdsys/granule/CFR-1999-title49-vol l/CFR-1999-title49-vol l-sec24-101
https://www.gpo. ov/fdsys/granule/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-505
4.34 As provided in § 287.133, Florida Statutes, by entering into this agreement or performing any work
in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.
This notice is required by § 287.133 (3) (a), Florida Statutes.
hLtp://www.leg.state.fl.us/Statutes/index.cfin7App mode=Display Statute&Search String --&UR
L=0200-0299/0287/Sections/0287.133.html
4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress, in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions. The undersigned shall require that the language of
this certification be included in the award documents for all sub -awards at all tiers (including
subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem
rates in effect at the time of travel.
https://www. sg a.ggv/portaVcontent/104877
4.37 Equal access in accordance with the individual's gender identity in community planning and
development programs, per 24 CFR 5.106.
https://www.p,ovregs.com/regulations/expand/title24Vart5 subpartA section5.106
4.38 Housing Counseling, including homeownership counseling or rental housing counseling, as defined
in §5.100, required under or provided in connection with any program administered by HUD shall
City of Naples
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ll��
be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214
to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111.
https://www.ecfr. ov/cgi-bin/text-
idx?SID=e339ece9fdfd l479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rm--div6
https://www.law.comell.edu/cfr/text/24/5.111
4.39 HUD Final Rule — Implementation of the Violence Against Women Reauthorization Act of 2013
which applies for all victims of domestic violence, dating violence„ sexual assault, and stalking,
regardless of sex, gender identity, or sexual orientation, and which must be applied consistent
with all nondiscrimination and fair housing requirements.
https://www.federaire ig ster.gov/documents/2016/11/16/2016-25888/violence-against-women-
reauthori zation-act-of-2013-implementation-in-hud-housing_pro¢rams
4.40 Any rule or regulation determined to be applicable by HUD.
4.41 Florida Statutes 713.20, Part 1, Construction Liens
https://www.leiz.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700-
0799/0713/0713.htm]
4.42 Florida Statutes 119.021 Records Retention
http://www.leiz.state.fl.us/Statutes/index.cfm?App mode—Display Statute&URL=0100-
0199/0119/Sections/0119.021.htm l
4.43 Florida Statutes, 119.071, Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cftn?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.021.html
(Signature Page to Follow)
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0
IN WITNESS WHEREOF, the SUBREgIPIENT and COUNTY, have each respectively, by an
authorized person or agent, hereunder set their hands and seals on the date forst written above.
ATTEST:
CRYSTAL K. KINZEL, CLERK
, Deputy Clerk
Dated:
(SEAL)
Approved as to form and legality;
BOARD OF COUNTY CON
COLLIER COUNTY, FLORIDA
By: _
WILLIAM L. McDANIEL, JR, CHAIRMAN
Date;
CITY OF NAPLES
By:�
HO ABLE II3ARNETT, MAYOR
Date:
w Approve as to form and legality.
Jennifer A. Belpedia
Assistant County Attorney �� \� Ey
�� r- ^ me, D. Fox, Ci homey
Date:
OF
City of Naples
CD1s-0z
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C'
U
PART V
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Set -vices Division, 3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Commercial General Liability, including products and completed operations insurance, in the
amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with this contract, in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
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.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its
Subcontractors to provide, original certificates indicating the following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than one
hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001),
the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal
City of Naples
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d.7
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.
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.
City of Naples
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EXHIBIT B
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
SubrecipientName: City of Naples_
Subrecipient Address: 735 8" Street South Naples, Florida 34102
Project Name: River Park— 12" Street Sidewalk Connection
Project No:
Total Payment Minus Retainage
Period of Availability: through
Payment Request #
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
2. Sum of Past Claims Submitted on this Account
L
3. Total Grant Amount Awarded Less Sum of Past Claims
Submitted on this Account $
4. Amount of Today's Request
5. 10% Retainage Amount Withheld (if applicable)
6. Current Grant Balance (Initial Grant Amount Award
request) (includes Retainage)
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief,
all grant requirements have been followed.
Signature
Title
Authorizing Grant Coordinator
Supervisor
(Approval required $15,000 and above)
City of Naples
CD19-02
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Date
Authorizing Grant Accountant
Division Director
(Approval Required $15,000 and
above)
Page 33 ,J
.J
EXHIBIT C
QUARTERLY PERFORMANCE REPORT DATA
GENERAL -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. At COUNTY's discretion, SUBRECIPIENT may be
required to enter the information collected on this exhibit into an online grant management system.
Agency Name: City of Naples
Date:
Project Title: River Park— 120' Street Sidewalk
Connections
IDIS #:
Program Contact:
Telephone Number:
Activity
Reporting Period
Report Due Date
October I"—December 3111
Januar 10'
Jany
1st—March 3151
Aril 10"
April lsl—
June 300i
July 100'
Jul 151—
Se tember 300'
October 100'
REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period):
12/31/19 3/31/20 6/30/20 9/30/20
Please note: The CDBG/HOME/ESG Program year begins October 1, 2019 — September 30, 2020. Each quarterly
report must include cumulative data beainnina from the start of the vroaram year October 1. 2019.
1.
Please list the outcome goal(s) from your approved application and subrecipient agreement and indicate your
ro ess in meeting those goals since October 1, 2019.
a.
Outcome Goals: list the outcome goal(s) from your approved application and subreci ient agreement
$ CDBG $
Outcome 1: Construction and clearing activities needed to install an ADA accessible lighted sidewalk connection.
Other Consolidated Plan Funds
Outcome 2: Documentation that at least 51% of persons served are low to moderate income to meet a CDBG
LMI/LMA National Objective.
Outcome 3:
b.
Goal Progress: Indicate the progress to date in meeting each outcome goal.
Outcome 1:
Outcome 2:
$ Total Entitlement Funds $
Outcome 3:
2.
Is this project still in compliance with the original project schedule: Yes No
If No, Explain:
3.
Since October 1, 2019; of the persons assisted, how many...
Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes
a. ...now have new access(continuing) to this service or benefit? 0
b. ...now have improved access to this service or benefit? 0
C. ...now receive a service or benefit that is no longer substandard? 0
Total 0
4.
What funding sources did the subreci lent apply for this erled?
CD19-02
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Other Consolidated Plan Funds
$ HOME $
Other Federal Funds
$ ESG $
$ HOPWA
$ Total Entitlement Funds $
City of Naples
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5.
What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if
applicable? Answer question 5a or 5b; NOT both
For LMC activities: people, race/ethnicity, and income data are reported by persons.
For LMH activities: households, race/ethnicity, and income level are reported by households, regardless
the number of persons in the household.
7.
a. Total No. Persons/Adults served
LMC
0
1 Total No. persons served under 18 (LMC)
0
Quarter Total No. of Persons
0
Quarter Total No. of Persons
0
b
Presumed Benefit Activities Om LMC YTD
ELI
0 Abused Children ELI
0
0 Abused Children ELI
0 Homeless Person ELI
0 Homeless Person ELI
b. Total No. of Households served
0
Total No. of female head of household (LMH)
0
6.
What is the total number of UNDUPLICATED clients served since October, if applicable?
Answer question 6a or 6b, NOT both
For LMC activities: race/ethnicity and income data are reported by persons.
7.
a.
Total No. Persons/Adults served 0 Total No Persons served under 18 (LMC) 0
LMC
Page 35
by
YTD Total: 0 YTD Total 0
b.
Total No. Households served L 0 Total No. female head of household (LMH) 0
a
YTD Total 0 YTD Total 0
8.
Complete EITHER question 7 or 8, NOT both
Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed
Benefit categories.
7.
PRESUMED BENEFICIARY DATA ONLY:
LMC Quarter
PRESUMED BENEFICIARY DATA ONLY
(LMC) YTD
Page 35
by
Indicate the total number of UNDUPLICATED
persons served thisuq arter who fall into each
presumed benefit category (the total should equal the
total in question #6a or 6b):
Indicate the total number of UNDUPLICATED persons
served since October 1 who fall into each presumed
benefit category (the total should equal the total in
question #6a or 6b):
Indicate the total number of UNDUPLICATED
persons served this Quarter who fall into each
income category (the total should equal the total
uestion #6):
a
Presumed Benefit Activities Onl MC TR
b
Presumed Benefit Activities Om LMC YTD
ELI
0 Abused Children ELI
0
0 Abused Children ELI
0 Homeless Person ELI
0 Homeless Person ELI
0 Migrant Farm Workers LI
0 Migrant Farm Workers LI
0 Battered Spouses LI
0 Battered Spouses LI
0 Persons w/HIV/AIDS LI
0 Persons w/HIV/AIDS LI
0 Elderly Persons LI or MOD
0 Elderly Persons LI or MOD
0 Illiterate Adults LI
0 Illiterate Adults LI
0 Severely Disabled LI
Adults
0 Severely Disabled Adults LI
0 Quarter Total
0 YTD Total
8.
Complete question 8a and 8b if any client in your program
does not fall into a Presumed Benefit category.
Other Beneficiary Data: Income Range
Page 35
by
Other Beneficiary Data: Income Range
Indicate the total number of UNDUPLICATED
persons served this Quarter who fall into each
income category (the total should equal the total
uestion #6):
in
Indicate the total number of UNDUPLICATED persons
served since October 1 (YTD) who fall into each income
category (the total should equal the total in question #6):
a
ELI
Extremely Low Income (0-30%)
0
b
ELI
Extremely Low Income (0-30%)
0
LI
Low Income (31-500/6)
0
LI
Low Income
0
MOD
Moderate Income (51-80%)
0
MOD
Moderate Income (51-80%)
0
NON-
LIM
Above Moderate Income (>80%)
0
NON-
L/M
Above Moderate Income (>80%)
0
Quarter Total
0
YTD Total
0
City of Naples
CD19-02
River Park —12" Street Sidewalk Connection
Page 35
by
9.
Racial & Ethnic Data if applicable
CD19-02
River Park- 12" Street Sidewalk Connection
Page 36 OI,.J
Please indicate how many UNDUPLICATED
clients served this Quarter 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 a ual the total in question 6.question
Please indicate how many UNDUPLICATED clients
served since October (YTD) 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 in
6.
a. RACE ETHNICITY
/HISPANIC
b. RACE ETHNICITY
/HISPANIC
White 0 0
White 0 0
Black/African American 0 0
Black/African American 0 0
Asian 0 0
Asian 0 0
American Indian/Alaska Native 0 0
American Indian/Alaska Native 0 0
Native Hawaiian/Other Pacific Islander 0 0
Native Hawaiian/Other Pacific Islander 0 0
Black/African American & White 0 0
Black/African American & White 0 0
American Indian/Alaska Native & 0 0
Black/African American
American Indian/Alaska Native &. 0 0
Black/African American
Other Multi -racial 0 0
Other Multi -racial 0 0
0 0
0 0
Name:
Signature:
Title:
Your typed name here represents your electronic signature
City of Naples
CD19-02
River Park- 12" Street Sidewalk Connection
Page 36 OI,.J
EXHIBIT D
INCOME CERTIFICATION
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
2
4
3
5
4
7
5
8
0.00
6
Total Income from Assets B(b) 0.00
If line B(a) is greater than $5,000, multiply that amount by the rate specified
by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave
blank. B(c)
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
0.00
Total Cash Value of Assets B(a) 0.00
Total Income from Assets B(b) 0.00
If line B(a) is greater than $5,000, multiply that amount by the rate specified
by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave
blank. B(c)
City of Naples O
CD19-02 E
River Park— 12th Street Sidewalk Connection Page 37 U
A. 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),
above, in
4
box C(e)
5
below)
6
7
8
Totals
(a) (b)
(c)
(d)
(e)
0.00 0.00
0.00
0.00
Enter total of items C(a) through C(c).
0.00
This amount is the Annual Anticipated Household Income.
B. 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 degtve 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
Adult Household Member (if applicable)
Adult Household Member (if applicable)
Date
Date
Date
Date
City of Naples
CD39-02 Q
River Park -12'^ Street Sidewalk Connection Page 39 U
A. 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:
❑ Extremely Low Income (ELI) Household means and individual or family whose annual income
does not exceed 30/501 of the Very Low Income (60 percent of VLI) 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 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
B. Household Data
Date
Title
Number of Persons
By Race / Ethnicity B r Age
Native
American
Hawaiian or
0 5
2
26-40
41-61
62+
Indian
Asian
Black
Other Pac.
White
Other
Islander
Hispanic
Non -
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.
City of Naples
Col9-02 d
River Park— 12i° Street Sidewalk Connection Page 39 U
EXHIBIT E
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if
subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires
that all appropriate documentation is provided regarding your organization's compliance. In determining Federal
awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the
activity related to the Federal award occurs, including any Federal award provided by Collier County. The
determination of amounts of Federal awards expended shall be in accordance with the guidelines established by
established by 2 CFR Part 200, Subpart F —Audit Requirements. This form may be used to monitor Florida Single
Audit Act Statute 215.97 requirements.
Subrecipient
Name
First Date of Fiscal Year MM/DD/YY
Last Date of Fiscal Year MM/DD/YY
Total Federal Financial Assistance Expended
Total State Financial Assistance Expended during
during most recently completed Fiscal Year
most recently completed Fiscal Year
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has
been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed
or will be completed by . Copies of the audit report and management letter
are attached or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑ Are a for-profit organization
❑ Are exempt for other reasons — explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit report. While we
El
understand that the audit report contains a written response to the finding(s), we are
requesting an updated status of the corrective action(s) being taken. Please do not provide
just a copy of the written response from your audit report, unless it includes details of the
actions, procedures, policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature
Date
Print Name and Title
06/18
City of Naples
CD19-02
River Park -12'^ Street Sidewalk Connection Page 40 �d
U
FAIN #
B -18 -UC -12-0016
B -19 -UC -12-0016
Federal Award Date
10/2018
Federal Award Agency
HUD
CFDA Name
Community Development
Block Grant
CFDA/CSFA#
14.218
Total Amount of Federal Funds
Awarded
$200,000-$676,365
Subrecipient Name
Collier County
Community
Redevelopment Agency
Immokalee
DUNS#
076997790
FEIN
59-6000558
R&D
No
Indirect Cost Rate
No
Period of Performance
10/01/2018-4/30,12020
11/30/2020
Fiscal Year End
9/30
Monitor End:
04/30QO25 3/31/2026
SECOND AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
COLLIER COUNTY REDEVELOPMENT AGENCY (IMMOKALEE)
This Amendment is entered into this day of 2019, by and between Collier County, a
political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address at
3339 E Tamiami Trail, Naples FL 34112, and Collier County Community Redevelopment Agency
(Immokalee), ("Subrecipient"), having its principal office at 750 5°i Street in Immokalee, Florida 34142.
RECITALS
WHEREAS, on September 11, 2018, the COUNTY entered into an Agreement for awarding
Community Development Block Grant Program funds to be used for the Immokalee Sidewalks 2018
project (hereinafter referred to as the "Agreement"); and
WHEREAS, the parties desire to clarify special conditions, modify the project scope and budget
and identify the subrecipient's project manager and
WHEREAS, the parties desire to increase the amount of agreement funds, extend the period of
performance and identify the subrecipient's contact information.
1
Collier County Redevelopment Agency (Immokalee)
Immokalee Sidewalks 2018 Second Amendment CD18-03
A
NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable
consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to
amend the Agreement as follows:
Words Strueli Through are deleted; Words Underlined are added
PART
SCOPE OF WORT{
Description of project and outcome:
CHS, as administrator of the CDBG program, will make available CDBG funds up to the gross
amount of $200,000.0 $676,365 to the Collier County Community Redevelopment Agency
(Immokalee) to fund:
The permitting, construction and associated activities for sidewalk installation/improvements on
the south side of Immokalee on portions of Carver Street and South 5°i Street. The project will be
defined in the project plans, specification and schedule of values.
The project will be defined in the project plans, specification and schedule of values.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Description
Federal Amount
Project Component 1: Construction and associated activities to install/improve
$200,000
sidewalks in the defined project area.
$676,365
Total Federal Funds:
$�00 080
$676,365
1.3 PEROD OF PERFORMANCE
Collier County Redevelopment Agency (Immokalee)
Immokalee Sidewalks 2018 Second Amendment CD 18-03
Services of the SUBRECIPIENT shall start on October 1, 2018 and shall end on April November
30, 2020. This agreement shall remain in effect until all CDBG funds and program income are no
longer under the control of the SUBRECIPIENT.
1.4 AGREEMENT AMOUNT
The County agrees to make available Six
Hundred Seventy Six Thousand Three Hundred Sixty Five 00/100 Dollars ($676,365) for use by
the SUBRECIPIENT, during the term of the agreement (hereinafter, shall be referred to as the
"funds").
1.6 NOTICES
SUBRECIPIENT ATTENTION: David Berra, Prejeet Manager
Christie Betancourt, CRA Operations Manager
750 South 5"' Street
Immokalee, Florida 34142
Email: _David Be....Qeoil:e..,., .,t.,Fl ,.
Christie.Betancout-t@colliercouiityfl.gov
Telephone: (239) 269 6958 867-0028
SIGNATURE PAGE TO FOLLOW
Collier County Redevelopment Agency (Immokalee)
Immokalee Sidewalks 2018 Second Amendment CD 18-03
is
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
La
, Deputy Clerk
Approved as to form and legality:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
0
William L. McDaniel Jr., CHAIRMAN
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY (IMMOKALEE)
53
William L. McDaniel Jr., CHAIRMAN
Date:
Jennifer A. Belpedio
Assistant County Attorney 1
C\
4
Collier County Redevelopment Agency (Immokalee)
Immokalee Sidewalks 2018 Second Amendment CD18-03
11
FAIN #
B -19 -UC -12-0016
Federal Award Date
EST. 10/2019
Federal Award Agency
HUD
CFDA Name
Community
Development Block
Grant
CFDA/CSFA#
14.218
Total Amount of Federal
Funds Awarded
$300,000
Subrecipient Name
County Community
Redevelopment Agency
(Bayshore Gateway
Triangle)
DUNS#
076997790
FEIN
59-6000558
R&D
No
Indirect Cost Rate
No
Period of Performance
10/2019-4/30/2021
Fiscal Year End
9/30
Monitor End:
4/30/2026
AGREEMENT BETWEEN COLLIER COUNTY
AND
COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (BAYSHORE GATEWAY
TRIANGLE)
THIS AGREEMENT is made and entered into this _ day of 2019, by and between Collier
County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee') having its principal
address at 3339 E Tamiami Trail, Naples FL 34112, and Collier County Community Redevelopment
Agency (Bayshore Gateway Triangle, ("SUBRECIPIENT"), having its principal office at 3570 Bayshore
Drive, Unit 102 Naples, Florida, 34112.
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 2019-2020 for the CDBG Program with
Resolution 2019- on June _, 2019 — Agenda Item ; and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans, the County advertised the 2018/2019 Annual
Action Plan, on May 24, 2019, with a 30 -day Citizen Comment period from May 24, 2019 to June 25, 2019;
and
Collier County Redevelopment Agency (Bayshore)
CD19-03
Fire Suppression Phase 3 Page 1
® Conflict of Interest Policy
® Procurement Policy
❑ Uniform Relocation Act Policy
® Sexual Harassment Policy
® Procedure for meeting the requirements set forth in Section 3 of the Housing and
Urban Development Act of 1968, as amended (I2U.S.C. 794 1 u)
® Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
Z Fraud Policy
C. Environmental Review Requirement (ERR) - No program costs can be incurred until an
environmental review of the proposed project is completed and approved. Further, the
SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance
of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the
denial of any reimbursement of funds under this Agreement.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Description
Federal Amount
Project Component 1: Project Component 1:
$300,000
Construction and related activities to install and upgrade existing fire control
infrastructure, water mains, interconnections and associated activities to complete the
Fire Suppression Project Phase 3
Total Federal Funds:
$300,000
The Subrecipient will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
❑ Maintain and provide to the County, as requested, beneficiary income certification
documentation
® Maintain and provide National Objective Documentation
® Provide Quarterly Reports on National Objective and project progress
❑ Required attendance by a representative from executive management at scheduled
partnership meetings, as requested by CHS.
® Identify Lead Project Manager
® Provide Site Design and Specifications
® Comply with Davis Bacon Labor Standards
® Comply with Section 3 and maintain documentation and reporting requirements
Provide certified payroll weekly throughout construction and rehabilitation
❑ Comply with Uniform Relocation Act (URA), if necessary
❑ Ensure applicable numbers of units are Section 504/ADA accessible
❑ Ensure the applicable affordability period for the project is met
Collier County Redevelopment Agency (Bayshore)
CD19-03
Fire Suppression Phase 3 Page 3
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 the undertaking the CDBG CD19-03 Fire Suppression Phase 3.
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
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 provided herein and, as determined by Collier County
Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as
follows:
Project Name: Fire Suppression Phase 3
Description of project and outcome:
CHS, as administrator of the CDBG program, will make available CDBG funds up to the gross amount of
$300,000.00 to the Collier County Community Redevelopment Agency (Bayshore Gateway Triangle) to
fund: The Continuation of a multi -phase project installing new and/or upgrades to existing fire control
infrastructure (fire hydrants), water mains, interconnections and associated activities. This project will be
Phase 3 and will incorporate the following streets located south of Haldeman Creek, east of Bayshore Drive:
Coco Avenue, Areca Avenue, Basin Street, Canal Street and Captains Cove.
The project will be defined in the project plans, specification and schedule of values.
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty (60) calendar days of the execution of this agreement, the SUBRECIPIENT
must deliver to CHS for approval a detailed project schedule for the completion of the
project, excluding Public Service projects.
B. The following resolutions and policies must be submitted by the SUBRECIPIENT within
sixty (60) days of this agreement:
❑ Affirmative Fair Housing Policy
® Affirmative Action/ Equal Opportunity Policy
Collier County Redevelopment Agency (Bayshore)
CD19-03
Fire Suppression Phase 3 Page 2
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 ensuringthat all activities and beneficiaries
meet the definition of:
®
LMA—Low/Mod Area Benefit
❑
LMC — Low/Mod Clientele Benefit
❑
LMH — Low/Mod Housing Benefit
❑
LMJ—Low/Mod Job Benefit
LMA: Must document where at least 51 percent of the residents are LMI persons based on
HUD determined eligible census tracts. Failure to achieve the national objective under this
agreement will require repayment of the CDBG investment under this agreement.
LMC: Must document that at least 51 percent of persons served, are low to moderate
income persons or households, in order to meet a CDBG National Objective. Failure to achieve the
national objective under this agreement will require repayment of the CDBG investment under this
agreement.
LMH: Must document providing or improving permanent residential structures, which
upon completion will be occupied by LMI households. Structures with three or more units must
have at least 51 percent occupied by LMI households and structures with less than three units must
be occupied by 100 percent LMI households. Failure to achieve the national objective under this
agreement will require repayment of the CDBG investment under this agreement.
LMJ: Must document job creation and retention. The LMI benefit national objective
addresses activities designed to create or retain permanent jobs, at least 51 percent of which
(computed on a full-time equivalent basis) will be made available to or held by LMI persons.
Failure to achieve the national objective under this agreement will require repayment of the CDBG
investment under this agreement.
C. Performance Deliverables
Program Deliverable
Deliverable Supporting
Submission Schedule
Documentation
Special Grant Condition Policies
Policies as stated in this
Within sixty (60) days of
Section 1.1
agreement
agreement execution
Insurance
Insurance Certificate
Within 30 days of agreement
execution and Annually within
thh 30) da s of renewal
Detailed Project Schedule
Project Schedule
Within sixty (60) days of
agreement execution
Project Plans and Specifications
Site Plans and *S ecifications
Prior to procurement
Subcontractor Log
Subcontractor Log
Initially at construction start,
and ul thereafter
Submission of Progress Report
Exhibit C
Quarterly reports within 10 days
following the end of the quarter
Collier County Redevelopment Agency (Bayshore)
CD19-03
Fire Suppression Phase 3 Page 4
D. Payment Deliverables
Payment Deliverable
Payment Supporting Documentation
Final report due 60 days after
Project Component 1:
Submission of supporting documents
agreement ends.
Section 3 Report
Quarterly report of new hire
Quarterly
activities to install and upgrade
information
Davis -Bacon Act Certified
Weekly Certified Payroll
Within 21 days of receipt
Payroll
reports, forms and supporting
interconnections and associated
documentation
Financial and Compliance Audit
Audit, Management Letter and
Nine (9) months after FY end
any contingencies needed to
Exhibit E
for Single Audit OR one
complete the Fire Suppression
total grant award or project costs
hundred eighty (180) days after
Project Phase 3.
whichever is lower upon proof of proper
FY end
Continued Use Certification
Continued Use Affidavit, if
Annually; for five (5) years after
applicable
meetin the NationalOb'ective
Revenue Plan for maintenance
Plan approved by the County
Initial Plan due after completion
and Capital Reserve
monitoring clearance and meeting a
of construction. Annually;
National Objective
through the period of continued
For clarity, the County will not withhold
use
Program Income Reuse Plan
Plan Approved by the County
Not applicable
D. Payment Deliverables
Payment Deliverable
Payment Supporting Documentation
Submission Schedule
Project Component 1:
Submission of supporting documents
Submission of
Construction and related
must be provided as backup as evidenced
monthly invoices.
activities to install and upgrade
by, banking documents, completed AIA
existing fire control
G702-1992 form, or equivalent document
infrastructure, water mains,
per contractor's Schedule of Values and
interconnections and associated
any additional documents as needed.
activities, required permitting and
any contingencies needed to
The County will pay up to 90% of the
complete the Fire Suppression
total grant award or project costs
Project Phase 3.
whichever is lower upon proof of proper
payment.
The remaining 10% of the award or
Following close out
project costs will be released upon final
monitoring
monitoring clearance and meeting a
National Objective
For clarity, the County will not withhold
10% on each payment, rather, the last
10% will only be paid as previously
specified.
Final 10 percent of award amount will be paid upon completion of final monitoring clearance and
documentation of meeting the National Objective. Failure by the subrecipient to achieve the National
Objective will require repayment of the CDBG investment under this agreement.
Collier County Redevelopment Agency (Bayshore)
CD19 03
Fire Suppression Phase 3 Page 5
1.3 PERIOD OF PERFORMANCE
Services of the Subrecipient shall start on October 1, 2019 and shall end on April 30, 2021.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available (Three Hundred Thousand) Dollars ($300,000.00) for use
by the SUBRECIPIENT, during the term of the agreement (hereinafter, shall be referred to as the
"Funds").
Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund
shifts among line items shall not be more than 10 percent of the total funding amount and does not
signify a change in scope. Fund shifts that exceed 10 percent of the agreement amount shall only
be made with Board approval.
The County shall reimburse the SUBRECIPIENT for the performance of this agreement upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible
costs, and all disbursement requests must be limited to the amount needed at the time of the
request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations
incurred during the term of this agreement. Invoices for work performed are required every month.
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 may be required if two
consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT,
when requested, as work progresses but, not more frequently than once per month. Reimbursement
will not occur if Subrecipient fails to perform the minimum level of service required by this
agreement.
Final invoices are due no later than 90 days after the end of the agreement. Work performed during
the term of the program but not invoiced within 90 days after the end of the agreement may not be
processed without written authorization from the Grant Coordinator.
The County Manager or designee may extend the term of this agreement for a period of up to 180
days after the end of the agreement. Extensions must be authorized, in writing, by formal letter to
the SUBRECIPIENT.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requirements. Except where disputed for noncompliance,
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."
Collier County Redevelopment Agency (Bayshore)
CD19-03
Fire Suppression Phase 3 Page 6
1.5 COST PRINCIPLES
Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost
allowability found at 2 CFR 200 Subpart E -Cost Principles. For the purposes of this section
(Section 1.5 -Cost Principles) of this agreement, SUBRECIPIENT is defined as a described in 2
CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under this
Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed
specifically to the projects referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT
must provide adequate documentation for validating costs incurred. Payments to
SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the
procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by
the SUBRECIPIENTS and Contractors shall comply with 2 CFR Subpart E -Cost Principles. A
Developer is not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart
E and may impose requirements upon the Developer, in order for the COUNTY to remain
compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal
controls and maintain necessary source documentation for all costs incurred and adhere to any other
accounting requirements included in this agreement.
1.6 NOTICES
Notices required by this agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, 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: Lisa Oien, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: Lisa.oien@colliercountyfl.eov
Telephone: (239) 252-6141
SUBRECIPIENT ATTENTION: Tami Scott, Senior Project Manager
3570 Bayshore Drive Unit 102
Naples, Florida 34112
Email: Tami.scott@colliercountyfl.gov
Telephone: (239) 643-1115
Collier County Redevelopment Agency (Bayshore) to
CD19-03
Fire Suppression Phase 3 Page 7
PART H
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.
Any deficiencies noted in audit reports must be fully cleared by the 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.
The determination of amounts of Federal awards expended shall be in accordance with guidelines
established by 2 CFR Part 200, Subpart F -Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 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 is not 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 this
agreement shall be made available to the COUNTY, by the SUBRECIPIENT, at any time,
upon request by the COUNTY or CHS. Materials identified in the previous sentence shall
be in accordance with generally accepted accounting principles (GAAP), procedures and
practices, which sufficiently and properly reflect all revenues and expenditures of funds
provided directly or indirectly by this agreement, including matching funds and Program
Income. These records shall be maintained to the extent of such detail as will properly
reflect all net costs, direct and indirect labor, materials, equipment, supplies and services,
and other costs and expenses of whatever nature for which reimbursement is claimed under
the provisions of this agreement.
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D. Upon completion of all work contemplated under this agreement, copies of all documents
and records relating to this agreement shall be surrendered to CHS, if requested. In any
event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a
readily accessible, permanent, and secured location for five (5) years after the date of
submission of the annual performance and evaluation report, as prescribed in 2 CFR
200.333, with the following exception: if any litigation, claim, or audit is started before the
expiration date of the five (5) year period, the records will be maintained until all litigation,
claim, or audit findings involving these records are resolved. The COUNTY shall be
informed, in writing, if an agency ceases to exist after closeout of this agreement of the
address where the records are to be kept, as outlined in 2 CFR 200.336. The
SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at
no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon
termination of the contract and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible with the
information technology systems of the COUNTY.
IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832,
Michael.Cox(aa,colliercountyfl.Eov, 3299 Tamiami Trail E, Naples
FL 34112.
E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of
1931, 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. SUBRECIPIENT will be responsible for the creation and maintenance of income eligible
files on clients served and documentation that all households are eligible under HUD
Income Guidelines. The SUBRECIPIENT agrees that CHS shall be the final arbiter on the
SUBRECIPIENT's compliance.
G. SUBRECIPIENT shall document how the National Objective(s), as defined in 24 CFR
570.208 and the eligibility requiremen(s) under which funding has been received, have
been met. These also include special requirements, such as necessary and appropriate
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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 COUNTY would provide the records and at a cost that does not
exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized
by 2 CFR 200.336 and 2 CFR 200.337.
2.3 MONITORING
During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to
the COUNTY no later than nine (9) months after the Single Audit (or one hundred eighty (180)
days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT'S fiscal year end.
The COUNTY will conduct an annual financial and programmatic review.
SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desk top
review of the activities may be conducted in lieu of an on-site visit. The continuation of this
agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the
request of CHS, submit information and status reports required by CHS or HUD to enable CHS to
evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall
allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or
unscheduled, as determined by CHS or HUD.
COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud,
waste, abuse, or non-performance, based on goals and performance standards, as stated, with all
other applicable laws, regulations, and policies governing the funds provided under this agreement
further defined by 2 CFR 200.331. Substandard performance, as determined by the COUNTY, will
constitute noncompliance with this agreement. If corrective action is not taken by the
SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract
suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD,
the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the
COUNTY's internal auditor(s) access to all records related to performance of activities in this
agreement.
2.4 PREVENTION OF FRAUD AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient
to prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this
agreement and to provide for the proper and effective management of all Program and Fiscal
activities of the agreement. SUBRECIPIENT's internal control systems and all transactions and
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other significant events shall be clearly documented, and the documentation shall be readily
available for monitoring by COUNTY.
SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees,
and agents for the purpose of monitoring or investigating the performance of the Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent
waste, fraud, and abuse.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this Agreement, or of any law or regulation to COUNTY or to any
appropriate law enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this contract. Penalties may be imposed for failures to implement or to make
acceptable progress on such corrective action plans.
In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation
policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant
funds from CHS. CHS's policy for escalation for non-compliance is as follows:
Initial non-compliance may result in Findings or Concerns being issued to the
SUBRECIPIENT, which will require a corrective action plan be submitted to the
COUNTY within 15 days following issuance of the report.
• Any pay requests that have been submitted to the COUNTY for payment will
be held until the corrective action plan has been submitted.
CHS will be available to provide Technical Assistance (TA) to the
SUBRECIPIENT, as needed, in order to correct the non-compliance issue.
2. If in the case SUBRECIPIENT fails to submit the corrective action plan in a timely
manner to the COUNTY, the COUNTY may require a portion of the awarded grant
amount be returned to the COUNTY.
The COUNTY may require upwards of five percent (5% o) of the award amount
be returned to the COUNTY, at the discretion of the Board of County
Commissioners.
• The entity may be denied future consideration as set forth in Resolution No.
2013-228.
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3. If in the case SUBRECIPIENT continues to fail to correct the outstanding issue or
repeats an issue that was previously corrected and has been informed by the
COUNTY of their substantial non-compliance by certified mail; the COUNTY
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
COUNTY.
• The COUNTY may require upwards often percent (10%) of the award amount
be returned to the COUNTY, at the discretion of the Board of County
Commissioners.
• The SUBRECIPIENT will be considered in violation of Resolution No. 2013-
228.
4. If in the case, after repeated notification, SUBRECIPIENT continues to be
substantially non-compliant, the COUNTY may recommend the contract or award
be terminated.
• The COUNTY will make a recommendation to the Board of County
Commissioners to immediately terminate the agreement or contract. The
SUBRECIPIENT will be required to repay all funds disbursed by the
COUNTY for the project that was terminated. This includes the amount
invested by the COUNTY for the initial acquisition of properties or other
activities.
• SUBRECIPIENT will be considered in violation of Resolution No. 2013-228.
If in the case SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be
non-compliant, the above sanctions may be imposed across all awards at the BCC's discretion.
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this agreement, and on the resolution of monitoring findings identified pursuant to this
agreement, as deemed necessary by the County Manager or designee.
During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the
I Oth 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 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
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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
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; (2) the SUBRECIPIENT does not assume the recipient's
responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) the
SUBRECIPIENT is 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 laws, regulations, and policies governing the funds provided under this agreement.
The SUBRECIPIENT further agrees to utilize funds available under this agreement to supplement
rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating
or establishing the relationship of 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.
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 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.
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
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activities to be undertaken as part of this agreement, such modifications will be incorporated only
by written amendment, signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from 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, or the reduction of funds awarded by HUD to
Collier County, to a level, determined by the County Manager, to be insufficient to adequately
administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all
or any portions of the funds will not be available. In either event, the COUNTY may terminate this
agreement, which termination shall be effective as of the date that it is determined by the County
Manager or designee, in his/her sole discretion and judgment, that the funds are no longer available.
In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to
hold the COUNTY, nor any individual member of the County Commissioners and/or County
Administration, personally liable for the performance of this agreement, and the COUNTY shall
be released from any further liability to SUBRECIPIENT under the terms of this agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act, 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 there-
on, 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 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, whether printed or digitally prepared and released by the SUBRECIPIENT for, on
behalf of, and/or about the Program shall include the statement:
"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN
SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team, as well as
Equal Housing Opportunity, to the general public. Construction signs shall comply with applicable
COUNTY codes.
3.8 DEFAULTS, REMEDIES, AND TERMINATION
In accordance with 2 CFR 200.339, this agreement may also be terminated for convenience by
either the COUNTY or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for
such termination, the effective date, and, in the case of partial terminations, the portion to be
terminated. However, if in the case of a partial termination, the COUNTY determines that the
remaining portion of the award will not accomplish the purpose for which the award was made, the
COUNTY may terminate the award in its entirety.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
agreement:
A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or
such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as
may become applicable at any time.
B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its
obligations under this agreement.
C. Ineffective or improper use of funds provided under this agreement.
D. Submission by the SUBRECIPIENT to the COUNTY 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.
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 properly management.
C. Require immediate repayment by SUBRECIPIENT to the COUNTY of all CDBG funds
that SUBRECIPIENT has received under this agreement.
D. Apply sanctions, if determined by the COUNTY to be applicable.
E. Stop all payments, until identified deficiencies are corrected.
F. Terminate this agreement by giving written notice to SUBRECIPIENT 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. Regulations regarding real property are
subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7).
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" and 2 CFR 200.310, has been obtained, and said
insurance shall be carried, at all times, during SUBRECIPIENT's performance under the
agreement.
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, Cost Principles and
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Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the
Community Development Block Grant (24 CFR 570 et seq.).
3.12 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through
.326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing
thresholds are:
Range:
Competition Required
$0-$3,000
Single Quote with documentation
$3,000 - $50,000
3 Written Quotes
$50,000+
Formal Solicitation ITB, RFP, etc.
All improvements specified in Part I. Scope of Work shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding, under a procedure acceptable to the
COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts for
improvements with the lowest, responsible and qualified bidder. Contract administration shall be
handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records
and documents related to the project.
3.13 PROGRAM GENERATED INCOME
No Program Income is anticipated. In the event Program Income is derived from the use of CDBG
funds disbursed under this agreement, such Program Income shall be utilized by the
SUBRECIPIENT for CDBG-eligible activities, approved by COUNTY. 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 accordingly, and shall be in
compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When
program income is generated by an activity that is only partially assisted with CDBG funds,
the income shall be prorated to reflect the percentage of CDBG funds used. In the event there
is a program income balance at the end of the Program Year, such balance shall revert to the
COUNTY's Community Block Grant Program, for further reallocation.
3.14 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. The SUBRECIPIENT may close out the project with the COUNTY after the five (5)
year continued use period has been met (for public services, "after the expiration of the
Agreement"). The continued use period shall commence with the later of the Subrecipient meeting
the National Objective or the recording of lien and/or deed restriction documentation). Activities
during this closeout period shall include, but are not limited to making final payments, disposing
of program assets (including the return of all unused materials, equipment, program income
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balances, and receivable accounts to the COUNTY), and determining the custodianship of records.
In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with
Section 119.021, Florida Statutes regarding records maintenance, preservation, and retention. A
conflict between state and federal 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 that have been advanced or paid must be returned to the COUNTY. Any funds
paid exceeding the amount SUBRECIPIENT is entitled to 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. Closeout procedures must
take place in accordance with 2 CFR 200.343,
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 OPPORTUNITITES 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 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 51 percent of the beneficiaries of a project funded through this agreement must be low -
and moderate- income persons or presumed to be low- to moderate- income persons based on
applicable regulation, if the agreement is meeting a national objective through a LMI strategy. If
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the project is located in an entitlement city; as defined by HUD, or serves beneficiaries countywide,
more than 30 percent 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 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 continued use
period and must be 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 SUBRECIPIENT. The SUBRECIPIENT covenants that
it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", 2 CFR 200.318, and
the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest.
The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person, or an entity
owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval
of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not
intended to limit SUBRECIPIENT's ability to self -manage the projects using its own employees.
Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its
contractors shall be disclosed, in writing, to CHS provided, however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low- and moderate -
income residents of the project target area.
3.20 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:
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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 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 INCIDENT
If services to clients are to be provided under this agreement, the SUBRECIPIENT and any
subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of
a child, aged person, or disabled adult to the COUNTY.
3.22 SEVERABILITY
Should any provision of the agreement be determined to be unenforceable or invalid, such
determination shall not affect the validity or enforceability of any other section or part thereof.
Collier County Redevelopment Agency (Bayshore)
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
https://www cefr.gov/cgi-bin/text-idx?tpl=/ecfrbrowsefritle24/24cfr570 main 02 tpll
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
https://www.ecfr gov/cgi-bin/text-idxytpl=/ecfrbrowse/Title24/24cfr58 main 02 t ll
4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended
hLtps:Hportal hud goy/hudportal/[ UD?src=/1program offices/fair housing equal opp/FHLaws/10
9
4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing
Act.
http://www.hud.gov/offices/fheo/library/huddoistatement pdnms•//www hud gov/proaram offic
es/fair housing equal opo/ReasonableAccommodationsl5
Executive Order 11063 — Equal Opportunity in Housing
https://www.hud og v/prog am offices/fair housing equal opp/FHLaws/EX011063
Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs
https://www.archives pov/federal-register/codification/executive-order/12259 html
24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O.
https://www.law.comell.edu/cfr/textt24/part-1 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 https://www.hud.gov//propramdescription/title6
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.
hftps://www.gpo.gov/fdsys/pkkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-sec570-
602Tpdf
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:
https://www.hud.gov/program offices/fair housing equal opp/FHLaws/EX011246
EO 11375 and 12086: see item #8 below
Collier County Redevelopment Agency (aayshore)
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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
Affirmative Action employer.
https://www.hud.goy/programdescription/title6
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 Subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the agreement through which Federal
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
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.
Collier County Redevelopment Agency (Bayshore)
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https://www.hud.gov/sites/dOcuments/DOC_12047.PDF
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfrl35 main 02 tol
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
https•//www hud gov/program offices/fair housing equal opp/FHLaws/109
https:Hportal hud ov/hudportal/HUD?srgf/program offices/fair housing equal opp/FHLaws/E
X011063
11246: https://www.dol.gov/ofccp/rejzs/statutes/eol 1246.htm
11375: Amended by EO 11478
11478: https://www.archives.14ov/federal-register/codification/executive-order/11478 html
12107: https://www.archives.gov/federal-repister/codification/executive-order/12107 html
12086: https://www.archives.gov/federal-register/codification/executive-order/12086 html
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
https://www.dol.gov/whd/regs/statutes/safe0l.pdf
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K.
Section 504: https://www.epa.gov/civilrights/sec504.htm
29 USC 776: https://law.onecle.com/uscode/29/776.html
24 CFR 570.614: https://www.law.comef.edu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990: https://www.hud. ovg /hudprograms/cohudap
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
https://www.fhwa.dotgov/real estate/uniform act/index.cfm
4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects, 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
bgps://www.law.comell.edu/cfr/text/29/Tart-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)
Collier County Redevelopment Agency (Bayshore)
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https://www.law.comell.edu/cfr/text/29/Hart-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally
assisted projects. hftps://www.presidency.ucsb.edu/ws/index.php?pid=23675
4.16 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 - which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise.
httns://www.archives.gov/federal-register/codification/executive-order/11625 html
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: https://www.lzpo. og v/fdUs/pkiz/CFR-2010-title24-vol3/pdf/CFR-2010- title24-
vol3-sec570-608.pdf
E.O. 13279: hitp://www.fedlzovcontracts.com/pe02-96.htm
4.18 Public Law 100-430 - the Fair Housing Amendments Act of 1988.
https://www.ncbi.nim.nih.jzov/pubmed/I 2289709
4.19 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
https://www.ccfr.gov/cgi-bin/text-idxytpl=/ccfrbrowse/Title02/2cfr200 main _QZ.tpl
4.20 Immigration Reform and Control Act of 1986
https://www.eeoc.gov/eeoc/histoDL/35th/thelaw/irca.html
4.21 Prohibition of Gifts to County Employees - No organization or individual shall offer or give, either
directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any County
employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance
No. 2004-05, as amended, and County Administrative Procedure 5311.
Florida Statutes-
https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 nart iii
Collier County-
httn://www.colliergov.net/home/showdocument?id=3513 7
4.22 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the
agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
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CP
by application of the Supplemental Conditions, if any, or the agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
4.23 Venue -Any suit of action brought by either party to this agreement against the other party, relating
to or arising out of this agreement, must be brought in the appropriate federal or state courts, in
Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required
for this item).
4.24 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes. The litigation arising out of this agreement shall be adjudicated in Collier County, Florida,
if in state court and the US District Court, Middle District of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
https://www.flsenate.gov/Laws/Statutes/2012/44.102
4.25 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. https://www.law.comell.edu/uscode/text/42/7401
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
hnps://www.law.comell.edu/uscode/text/33/chapter-26
4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 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.
https://www.law.cornell.edu/cfr/text/24/570.605
4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to the HUD Lead- Based Paint Poisoning
Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo. og v/fds�s/granule/CFR-
2000-title24-vo13/CFR-2000-title24-vol3-sec570-608-id 163
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4.28 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this agreement.
hftps://www.nps.izov/histoDL/local-law/nhpal966.htm
l966.htm
hitps://www.ecfr.gov/cgi-bin/text- idxvc=ecfr&tpl=/ecfrbrowse/Title36/36cfr800 main 02 t l
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.
https://www.nps.gov/histoOL/local-law/nhpal966.htm
4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with
the Drug -Free Workplace Act of 1988 (41 USC 701).
https://www.gpo.gov/fdsys/granule/USCODE-2009-title4l/USCODE-2009-title4l -chap 10-
sec701
4.30 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not
knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from participating in this covered transaction as outlined in 24
CFR 570.609, Subpart K.
bMs://www.law.comell.edu/cfr/text/24/570.609
4.31 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable
and agrees to adhere to the accounting principles and procedures required therein, utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred. These
requirements are enumerated in 2 CFR 200, et seq.
4.32 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be
submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The
SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500. Subrecipients exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S
fiscal year. Per 2 CFR 200.344, if this agreement is closed out prior to the receipt of an audit report,
the COUNTY reserves the right to recover any disallowed costs identified in an audit after such
closeout.
https://www.ecfr. gov/cgi-bin/text-
idx7SID=5a78addeff 9a535e83fed3010308aef&mcrtrue&node=set 1 200 1344&r =div8
4.33 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation
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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 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.
https://www.gpo.gov/fdsys/granule/CFR- 1999-title49-vol l /CFR-1999-title49-vol l -sec24-101
https://www.gpo. ov/fdUs/granule/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-505
4.34 As provided in § 287.133, Florida Statutes, by entering into this agreement or performing any work
in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.
This notice is required by § 287.133 (3) (a), Florida Statutes.
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search String --&UR
L=0200-0299/0287/Sections/0287.133.html
4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress, in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form -LLL, 'Disclosure Form to Report
Lobbying", in accordance with its instructions. The undersigned shall require that the language of
this certification be included in the award documents for all sub -awards at all tiers (including
subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem
rates in effect at the time of travel.
https://www. sg a.¢ov/portal/content/104877
4.37 Equal access in accordance with the individual's gender identity in community planning and
development programs, per 24 CFR 5.106.
https://www.izovregs.com/regulations/expand/title24 part5 subpartA section5.106
4.38 Housing Counseling, including homeownership counseling or rental housing counseling, as defined
in §5.100, required under or provided in connection with any program administered by HUD shall
Collier County Redevelopment Agency (Bayshore)
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be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214
to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111.
https://www.ecfr. gov/cgi-bin/text-
idx?SID=e339ece9fdfdl479eab67e850c7cddd4&node=24:2 1.1.2 10 4&rgn=div6
https://www.law.comell.edu/cfr/textt24/5.1 11
4.39 HUD Final Rule — Implementation of the Violence Against Women Reauthorization Act of 2013
which applies for all victims of domestic violence, dating violence, sexual assault, and stalking,
regardless of sex, gender identity, or sexual orientation, and which must be applied consistent
with all nondiscrimination and fair housing requirements.
https://www.federalre ig ster.gov/documents/2016/11/16/2016-25888/violence-aizainst-women-
reauthorization-act-of-2013 -i mplementation-in-hud-housing=pro grams
4.40 Any rule or regulation determined to be applicable by HUD.
4.41 Florida Statutes 713.20, Part 1, Construction Liens
https•//www.leg.state.fl.us/Statutes/indexcfn?App mode=Display Statute&URL=0700-
0799/0713/0713.html
4.42 Florida Statutes 119.021 Records Retention
http://www.leg.state.fl.us/Statutes/index.cfin?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.021. h t m l
4.43 Florida Statutes, 119.071, Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cftn?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.02 I.html
(Signature Page to Follow)
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1
IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an
authorized person or agent, hereunder set their hands and seals on the date first written above.
ATTEST:
CRYSTAL K. KINZEL, CLERK
Dated:
, Deputy Clerk
(SEAL)
Approved as to form and legality:
BOARD OF COUNTY COIV
COLLIER COUNTY, FLORIDA
UA
OF
WILLIAM L. MC DANIEL, JR., CHAIRMAN
Date:
COLLIER COUNTY REDEVELOPMENT AGENCY
(BAYSHORE)
DONNA FIALA, CHAIRMAN
Date:
Jennifer A.y t I »\\
Assistant County Attorney
Date:
Collier County Redevelopment Agency (Bayshore)
CD19-03
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PART V
EXHIBITS
EXIIMIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Commercial General Liability, including products and completed operations insurance, in the
amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
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.
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.
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 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
Collier County Redevelopment Agency (Bayshore)
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Od
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.
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.LM.A.
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EXHIBIT B
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Collier County Redevelopment Agency (Bayshore)
Subrecipient Address: 3570 Bayshore Drive Naples Fl. 34112_
Project Name: Fire Suppression Phase 3
Project No:
Total Payment Minus Retainage
Period of Availability: through
Payment Request #
Period for which the Agency has incurred the indebtedness through
SECTION H: STATUS OF FUNDS
1. Grant Amount Awarded $
2. Sum of Past Claims Submitted on this Account
3. Total Grant Amount Awarded Less Sum of Past Claims
Submitted on this Account
4. Amount of Today's Request
5. 10% Retainage Amount Withheld (if applicable) $
6. Current Grant Balance (Initial Grant Amount Award
request) (includes Retainage)
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief,
all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor Division Director
(Approval required $15,000 and above) (Approval Required $15,000 and
above)
Collier County Redevelopment Agency (Bayshore)
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Od
EXHIBIT C
QUARTERLY PERFORMANCE REPORT DATA
GENERAL -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. At COUNTY's discretion, SUBRECIPIENT may be
required to enter the information collected on this exhibit into an online grant management system.
Agency Name: Collier County Redevelopment Date:
Agency a shore
Project Title: Fire Suppression Phase 3 IDIS #:
Program Contact: Telephone Number:
Activity
Reporting Period
Report Due Date
October V — December 31n
Januar 10'
January
l:t — March 31 st
Aril 101°
April 111—June
301,
July I0a'
Ju] V
—September 30'
October 10"
REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period):
12/31/19 3/31/20 6/30/20 9/30/20
Please note: The CDBG/HOME/ESG Program year begins October 1, 2019 — September 30, 2020. Each quarterly
report must include cumulative data beginning from the start of the program year October 1, 2019.
1.
Please list the outcome goal(s) from your approved application and subrecipient agreement and indicate your
progress in meeting those goals since October 1, 2019.
a.
Outcome Goals: list the outcome goal(s) from your approved application and subreci lent agreement
$
Outcome 1: Complete Construction and related activities needed to complete the Fire Suppression Phase 3
project.
Other Consolidated Plan Funds $ HOME
Outcome 2: Document that at least 51 % of persons served are low to moderate income to meet a CDBG
LMI/LMA National Objective.
Outcome 3:
b.
Goal Progress: Indicate the progress to date in meeting each outcome goal,
$ HOPWA
Outcome 1:
Outcome 2:
$
Outcome 3:
2.
Is this project still in compliance with the original project schedule: Yes No
If No, Explain:
3.
Since October 1, 2019; of the persons assisted, how many...
Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes
a. ...now have new access(continuing) to this service or benefit? 0
b. ...now have improved access to this service or benefit? 0
C. ...now receive a service or benefit that is no longer substandard? 0
Total 0
4.
What funding sources did the subreci fent apply for this period?
Section 108 Loan Guarantee $ CDBG
$
Other Consolidated Plan Funds $ HOME
$
Other Federal Funds $ ESG
$
$ HOPWA
$
$ Total Entitlement Funds
$
Collier County Redevelopment Agency (Bayshore)
CD19-03
Fire Suppression Phase 3 Page 34
5.
What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if
applicable? Answer question 5a or 5b; NOT both
For LMC activities: people, race/ethnicity, and income data are reported by persons.
For LMH activities: households, race/ethnicity, and income level are reported by households, regardless
the number of persons in the household.
7.
a.
Total No. Persons/Adults served 0 1 Total No. persons served under 18 (LMC) 0
LM
0
Quarter Total No. of Persons 0 Quarter Total No. of Persons 0
YTD Total
0
b. Total No. Households served LMH 0
Total No. female head of household (LMH)
b.
Total No. of Households served 0 Total No. of female head of household (LMH) 0
6.
What is the total number of UNDUPLICATED clients served since October, if applicable?
Answer question 6a or 6b, NOT both
For LMC activities: race/ethnicity and income data are reported by persons.
7.
a. Total No. Persons/Adults served 0
LMC
Total No Persons served under 18 (LMC)
0
YTD Total: 0
YTD Total
0
b. Total No. Households served LMH 0
Total No. female head of household (LMH)
0
YTD Total 0
YTD Total
0
8.
Complete EITHER question 7 or 8, NOT both
Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed
Benefit categories.
7.
PRESUMED BENEFICIARY DATA ONLY:
MCQuarter
PRESUMED BENEFICIARY DATA ONLY
MC YTD
Indicate the total number of UNDUPLICATED
persons served thisua arter who fall into each
presumed benefit category (the total should equal the
total in question #6a or 6b):
Indicate the total number of UNDUPLICATED persons
served since October 1 who fall into each presumed
benefit category (the total should equal the total in
question #6a or 6b):
Indicate the total number of UNDUPLICATED
persons served this Quarter who fall into each
income category (the total should equal the total
uestion 46):
a
Presumed Benefit Activities Onl LMC QTR
b
Presumed Benefit Activities O LMC YTD
ELI
0 Abused Children ELI
0
0 Abused Children ELI
0 Homeless Person ELI
0 Homeless Person ELI
0 Migrant Farm Workers LI
0 Migrant Farm Workers LI
0 Battered Spouses LI
0 Battered Spouses LI
0 Persons w/HIV/AIDS LI
0 Persons w/HIV/AIDS LI
0 Elderly Persons LI or MOD
0 Elderly Persons LI or MOD
0 Illiterate Adults LI
0 Illiterate Adults LI
0 Severely Disabled LI
Adults
0 Severely Disabled Adults LI
0 Quarter Total
0 YTD Total
8.
Complete question Sa and Sb if any client in your program
does not fall into a Presumed Benefit category.
Other Beneficiary Data: Income Range
Other Beneficiary Data: Income Range
Indicate the total number of UNDUPLICATED
persons served this Quarter who fall into each
income category (the total should equal the total
uestion 46):
in
Indicate the total number of UNDUPLICATED persons
served since October 1 (YTD) who fall into each income
category (the total should equal the total in question #6):
a
ELI
Extremely Low Income (0-30%)
0
b
ELI
Extremely Low Income (0-300%)
0
LI
Low Income (31-50%)
0
LI
Low Income
0
MOD
Moderate Income. (51-80%)
0
MOD
Moderate Income (51-80%)
0
NON-
L/M
Above Moderate Income (>80%)
0
NON-
LIM
Above Moderate Income (>80°/v)
0
Quarter Total
0
YTD Total
0
Collier County Redevelopment Agency (Bayshore)
CD19-03
Fire Suppression Phase 3 Page 35
a
9.
Racial & Ethnic Data if applicable)
Please indicate how many UNDUPLICATED
clients served this Quarter 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 aqual the total in question 6,question
Please indicate how many UNDUPLICATED clients
served since October (YTD) 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 in
6.
a. RACE ETHNICITY
/HISPANIC
b. RACE ETHNICITY
/HISPANIC
White 0 0
White 0 0
Black/African American 0 0
Black/African American 0 0
Asian 0 0
Asian 0 0
American Indian/Alaska Native 0 0
American Indian/Alaska Native 0 0
Native Hawaiian/Other Pacific Islander 0 0
Native HawaiiardOther Pacific Islander 0 0
Black/African American & White 0 0
Black/African American & White 0 0
American Indian/Alaska Native & 0 0
Black/African American
American Indian/Alaska Native & 0 0
Black/African American
Other Multi -racial 0 0
Other Multi -racial 0 0
0 0
0 0
Name:
Signature:
Title:
Your typed name here represents your electronic signature
Collier County Redevelopment Agency (Bayshore)
CD19-03
Fire Suppression Phase 3 Page 36
EDIT D
INCOME CERTIFICATION
INSTRUCTIONS
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 0.00
Total Cash Value of Assets B(a) 0.00
Total Income from Assets B(b) 0.00
If line B(a) is greater than $5,000, multiply that amount by the rate specified
by IIUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave
blank. B(c)
Collier County Redevelopment Agency (Bayshore)
CD19-03
Fire Suppression Phase 3
Page 37
d�
A. 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
1
greater of
2
box B(b) or
3
box B(c),
4
above, in
box C(e)
5
below)
6
7
8
Totals (a) (b)
(c)
(d)
(e)
0.00 0.00
0.00
0.00
Enter total of items C(a) through C(e).
0.00
This amount is the Annual Anticipated Household Income.
B. 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)
Date
Date
Collier County Redevelopment Agency (eayshore)
CD19-03
Fire Suppression Phase 3 Page 38 "��
A. 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:
❑ Extremely Low Income (ELI) Household means and individual or family whose annual income
does not exceed 30/501 of the Very Low Income (60 percent of VLI) 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 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
B. Household Data
Date
Title
Number of Persons
By Race / Ethnicity B Age
Native
American
Hawaiian or
0 —25
26-40
41-61
62+
Indian
Asian
Black
Other Pac.
White
Other
Islander
Hispanic
Non -
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.
Collier County Redevelopment Agency (Bayshore)
CD19-03
Fire Suppression Phase 3 Page 39 �d7
EXIMIT E
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if
subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires
that all appropriate documentation is provided regarding your organization's compliance. In determining Federal
awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the
activity related to the Federal award occurs, including any Federal award provided by Collier County. The
determination of amounts of Federal awards expended shall be in accordance with the guidelines established by
established by 2 CFR Part 200, Subpart F —Audit Requirements. This form may be used to monitor Florida Single
Audit Act Statute 215.97 requirements.
Subrecipient
Name
First Date of Fiscal Year MM/DD/YY
Last Date of Fiscal Year MM/DD/YY
Total Federal Financial Assistance Expended
Total State Financial Assistance Expended during
during most recently completed Fiscal Year
most recently completed Fiscal Year
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has
❑
been met and a Single Audit as required by 2 GFR Part 200, Subpart F has been completed
or will be completed by . Copies of the audit report and management letter
are attached or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑
❑ Are a for-profit organization
❑ Are exempt for other reasons —explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit report. While we
❑
understand that the audit report contains a written response to the finding(s), we are
requesting an updated status of the corrective action(s) being taken. Please do not provide
just a copy of the written response from your audit report, unless it includes details of the
actions procedures, policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature
Date
Print Name and Title
06/18
Collier County Redevelopment Agency (Bayshore)
CD19-03
Fire Suppression Phase 3 Page 40
FAIN #
B -19 -UC -12-0016
Federal Award Date
Est. 10/2019
Federal Award Agency
HUD
CFDA Name
Community
Development Block
Grant
CFDA/CSFA#
14.218
Total Amount of Federal
Funds Awarded
$311,646.57
Subrecipient Name
Immokalee Fire Control
District
DUNS#
010544356
FEIN
59-2198877
R&D
No
Indirect Cost Rate
No
Period of Performance
10/1/2019-12/31/2020
Fiscal Year End
9/30
Monitor End:
4/30/2026
AGREEMENT BETWEEN COLLIER COUNTY
AND
IMMOKALEE FIRE CONTROL DISTRICT
THIS AGREEMENT is made and entered into this _ day of 20, by and between Collier
County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal
address at 3339 E Tamiami Trail, Naples FL 34112, and Immokalee Fire Control District,
("SUBRECIPIENT"), having its principal office at 502 New Market Road East Immokalee, Fl. 34142.
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 2019-2020for the CDBG Program with
Resolution 2019- on June , 2019 — Agenda Item ; and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans, the County advertised the 2019/2020 Annual
Action Plan, on May 24, 2019, with a 30 -day Citizen Comment period from May 24, 2019 to June 25, 2019;
and
WHEREAS, the SUBRECIPIENT has submitted a proposal for participation in the Collier County
CDBG program; and
Immokalee Fire Control District
CD19-09
Immokalee Fire Station Design Page 1
WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in the undertaking the CDBG CD19-09 Immokalee Fire Station Design.
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Patties as follows:
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 provided herein and, as determined by Collier County
Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as
follows:
Project Name: Immokalee Fire Station Design
Description of project and outcome:
CHS, as administrator of the CDBG program, will make available CDBG funds up to the gross amount of
$311,646.57 to the Immokalee Fire Control District to fund: The architectural design and engineering for
a proposed new fire station in Immokalee.
Construction must commence within five (5) years after the CDBG 2017-18 funded property acquisition of
510 New Market Rd. E. in Immokalee, Florida (March 27, 2019) or risk repayment of CDBG funds
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, if applicable.
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty (60) calendar days of the execution of this agreement, the SUBRECIPIENT
must deliver to CHS for approval a detailed project schedule for the completion of the
project, excluding Public Service projects.
B. The following resolutions and policies must be submitted by SUBRECIPIENT within sixty
(60) days of this agreement:
❑ Affirmative Fair Housing Policy
❑ Affirmative Action/ Equal Opportunity Policy
® Conflict of Interest Policy
Procurement Policy
❑ Uniform Relocation Act Policy
® Sexual Harassment Policy
Z Procedure for meeting the requirements set forth in Section 3 of the Housing and
Urban Development Act of 1968, as amended (12U.S.C. 794 1 u)
Immokalee Fire Control District
CD79-09
Immokalee Fire Station Design Page 2
® Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
Fraud Policy
C. Environmental Review Requirement (ERR) - No program costs can be incurred until an
environmental review of the proposed project is completed and approved. Further, the
SUBRECIPIENT will not undertake any activity or commit any finds prior to the issuance
of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the
denial of any reimbursement of funds under this Agreement.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Description
Federal Amount
Project Component 1: Architectural design and engineering for a proposed new fire
station
$311,646.57
Total Federal Funds:
$311,646.57
The Subrecipient will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
❑ Maintain and provide to the County, as requested, beneficiary income certification
documentation
® Maintain and provide National Objective Documentation
Z Provide Quarterly Reports on National Objective and project progress
Required attendance by a representative from executive management at scheduled
partnership meetings, as requested by CHS.
Identify Lead Project Manager
® Provide Site Design and Specifications
❑ Comply with Davis Bacon Labor Standards
® Comply with Section 3 and maintain documentation
❑ Provide certified payroll weekly throughout construction and rehabilitation
® Ensure design complies with Section 504/ADA accessibility
® Ensure the applicable affordability period for the project is met
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:
Z
LMA
— Low/Mod Area Benefit
❑
LMC —
Low/Mod Clientele Benefit
❑
LMH—Low/Mod
Housing Benefit
Immokalee Fire Control District
Cm9-09
Immokalee Fire Station Design Page 3
❑ LMJ — Low/Mod Job Benefit
LMA: Must document where at least 51 percent of the residents are LMI persons based on
HUD determined eligible census tracts. Failure to achieve the national objective under this
agreement will require repayment of the CDBG investment under this agreement.
LMC: Must document that at least 51 percent of persons served, are low to moderate
income persons or households, in order to meet a CDBG National Objective. Failure to achieve the
national objective under this agreement will require repayment of the CDBG investment under this
agreement.
LMH: Must document providing or improving permanent residential structures, which
upon completion will be occupied by LMI households. Structures with three or more units must
have at least 51 percent occupied by LMI households and structures with less than three units must
be occupied by 100 percent LMI households. Failure to achieve the national objective under this
agreement will require repayment of the CDBG investment under this agreement.
LMJ: Must document job creation and retention. The LMI benefit national objective
addresses activities designed to create or retain permanent jobs, at least 51 percent of which
(computed on a full-time equivalent basis) will be made available to or held by LMI persons.
Failure to achieve the national objective under this agreement will require repayment of the CDBG
investment under this agreement.
C. Performance Deliverables
Program Deliverable
Deliverable Supporting
Submission Schedule
Documentation
Special Grant Condition Policies
Policies as stated in this
Within sixty (60) days of
Section1.1)
agreement
agreement execution
Insurance
Insurance Certificate
Within 30 days of agreement
execution and Annually within
thin 30 days of renewal
Detailed Project Schedule
Project Schedule
Within sixty (60) days of
agreement execution
Project Plans and Specifications
Site Plans and Specifications
When complete
Subcontractor Log
Subcontractor Log
Not applicable
Submission of Progress Report
Exhibit C
Quarterly reports within 10 days
following the end of the quarter.
Final report due 60 days after
agreement ends.
Section 3 Report
Quarterly report of new hire
Quarterly.
information
Davis -Bacon Act Certified
Weekly Certified Payroll
Not applicable
Payroll
reports, forms and supporting
documentation
Financial and Compliance Audit
Audit, Management Letter and
Annually: nine (9) months after
Exhibit E
FY end for Single Audit OR one
hundred eighty (180) days after
FY end
Immokalee Fire Control District
C019-09
Immokalee Fire Station Design Page 4
Continued Use Certification
Continued Use Affidavit, if
Annually; for five (5) years after
Project Component 1:
applicable
meeting the National Objective
Revenue Plan for maintenance
Plan approved by the County
Not applicable
and Capital Reserve
by invoice, cancelled check(s) and any
Program Income Reuse Plan
Plan Approved by the County
Not applicable
D. Payment Deliverables
Payment Deliverable
Payment Supporting Documentation
Submission Schedule
Project Component 1:
Submission of supporting documents
Submission of
Architectural design and
must be provided as backup, as evidenced
monthly invoices.
engineering for a proposed new
by invoice, cancelled check(s) and any
fire station
other additional documentation as
requested.
Failure by the subrecipient to achieve the National Objective will require repayment of the CDBG
investment under this agreement.
1.3 PERIOD OF PERFORMANCE
Services of the Subrecipient shall start on October 1, 2019 and shall end on December 31, 2020.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available (Three Hundred Eleven Six Hundred Forty Six and
57/100) Dollars ($311,646.57) for use by the SUBRECIPIENT, during the term of the agreement
(hereinafter, shall be referred to as the "Funds").
Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund
shifts among line items shall not be more than 10 percent of the total funding amount and does not
signify a change in scope. Fund shifts that exceed 10 percent of the agreement amount shall only
be made with Board approval.
The County shall reimburse the SUBRECIPIENT for the performance of this agreement upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible
costs, and all disbursement requests must be limited to the amount needed at the time of the
request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations
incurred during the term of this agreement. Invoices for work performed are required every month.
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 may be required if two
consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT,
when requested, as work progresses but, not more frequently than once per month. Reimbursement
will not occur if Subrecipient fails to perform the minimum level of service required by this
agreement,
Immokalee Fire Control District
CD19-09
Immokalee Fire Station Design
Page 5
Final invoices are due no later than 90 days after the end of the agreement. Work performed during
the term of the program but not invoiced within 90 days after the end of the agreement may not be
processed without written authorization from the Grant Coordinator.
The County Manager or designee may extend the term of this agreement for a period of up to 180
days after the end of the agreement. Extensions must be authorized, in writing, by formal letter to
the SUBRECIPIENT.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requirements. Except where disputed for noncompliance,
payment will be made upon receipt of a properly completed invoice and in compliance with
§218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act."
1.5 COST PRINCIPLES
Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost
allowability found at 2 CFR 200 Subpart E -Cost Principles. For the purposes of this section
(Section 1.5 -Cost Principles) of this agreement, SUBRECIPIENT is defined as a described in 2
CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under this
Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed
specifically to the projects referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT
must provide adequate documentation for validating costs incurred. Payments to
SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the
procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by
the SUBRECIPIENTS and Contractors shall comply with 2 CFR Subpart E -Cost Principles. A
Developer is not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart
E and may impose requirements upon the Developer, in order for the COUNTY to remain
compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal
controls and maintain necessary source documentation for all costs incurred and adhere to any other
accounting requirements included in this agreement.
1.6 NOTICES
Notices required by this agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, 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: Lisa Oien, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: Lisa.0iennacolliercount}_fl.gov
Immokalee Fire Control District
DD19-09 AN
Immokalee Fire Station Design Page 6
Telephone: (239) 252-6141
SUBRECIPIENT ATTENTION: Michael Choate, Chief
Rita Greenberg, Deputy Chief
502 New Market Road East
Immokalee, Florida 34142
Email: mchoate@immfire.com rgreenberg@immfire.com
Telephone: (239) 657-2111
Immokalee Fire Control District
C m
Immokalokal
ee Fire Station Design Pagel
PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
At anytime 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 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.
The determination of amounts of Federal awards expended shall be in accordance with guidelines
established by 2 CFR Part 200, Subpart F -Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 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 is not 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 this
agreement shall be made available to the COUNTY, by the SUBRECIPIENT, at any time,
upon request by the COUNTY or CHS. Materials identified in the previous sentence shall
be in accordance with generally accepted accounting principles (GAAP), procedures and
practices, which sufficiently and properly reflect all revenues and expenditures of funds
provided directly or indirectly by this agreement, including matching funds and Program
Income. These records shall be maintained to the extent of such detail as will properly
reflect all net costs, direct and indirect labor, materials, equipment, supplies and services,
and other costs and expenses of whatever nature for which reimbursement is claimed under
the provisions of this agreement.
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D. Upon completion of all work contemplated under this agreement, copies of all documents
and records relating to this agreement shall be surrendered to CHS, if requested. In any
event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a
readily accessible, permanent, and secured location for five (5) years after the date of
submission of the annual performance and evaluation report, as prescribed in 2 CFR
200.333, with the following exception: if any litigation, claim, or audit is started before the
expiration date of the five (5) year period, the records will be maintained until all litigation,
claim, or audit findings involving these records are resolved. The COUNTY shall be
informed, in writing, if an agency ceases to exist after closeout of this agreement of the
address where the records are to be kept, as outlined in 2 CFR 200.336. The
SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at
no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon
termination of the contract and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible with the
information technology systems of the COUNTY.
IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT 239-252-68329
Michael.Cox(a)colliercountyfl.gov, 3299 Tamiami Trail E, Naples
FL 34112.
E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of
1931, 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. SUBRECIPIENT will be responsible for the creation and maintenance of income eligible
files on clients served and documentation that all households are eligible under HUD
Income Guidelines, The SUBRECIPIENT agrees that CHS shall be the final arbiter on the
SUBRECIPIENT's compliance.
G. SUBRECIPIENT shall document how the National Objective(s), as defined in 24 CFR
570.208 and the eligibility requirement(s) under which funding has been received, have
been met. These also include special requirements, such as necessary and appropriate
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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 COUNTY would provide the records and at a cost that does not
exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized
by 2 CFR 200.336 and 2 CFR 200.337.
N r9MITIOWITIRW
During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to
the COUNTY no later than nine (9) months after the Single Audit (or one hundred eighty (180)
days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT'S fiscal year end.
The COUNTY will conduct an annual financial and programmatic review.
SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desk top
review of the activities may be conducted in lieu of an on-site visit. The continuation of this
agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the
request of CHS, submit information and status reports required by CHS or HUD to enable CHS to
evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall
allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or
unscheduled, as determined by CHS or HUD.
COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud,
waste, abuse, or non-performance, based on goals and performance standards, as stated, with all
other applicable laws, regulations, and policies governing the funds provided under this agreement
further defined by 2 CFR 200.331. Substandard performance, as determined by the COUNTY, will
constitute noncompliance with this agreement. If corrective action is not taken by the
SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract
suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD,
the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the
COUNTY'S internal auditor(s) access to all records related to performance of activities in this
agreement.
2.4 PREVENTION OF FRAUD AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient
to prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this
agreement and to provide for the proper and effective management of all Program and Fiscal
activities of the agreement. SUBRECIPIENT's internal control systems and all transactions and
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other significant events shall be clearly documented, and the documentation shall be readily
available for monitoring by COUNTY.
SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees,
and agents for the purpose of monitoring or investigating the performance of the Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent
waste, fraud, and abuse.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this Agreement, or of any law or regulation to COUNTY or to any
appropriate law enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this contract. Penalties may be imposed for failures to implement or to make
acceptable progress on such corrective action plans.
In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation
policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant
funds from CHS. CHS's policy for escalation for non-compliance is as follows:
1. Initial non-compliance may result in Findings or Concerns being issued to the
SUBRECIPIENT, which will require a corrective action plan be submitted to the
COUNTY within 15 days following issuance of the report.
• Any pay requests that have been submitted to the COUNTY for payment will
be held until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to the
SUBRECIPIENT, as needed, in order to correct the non-compliance issue.
2. If in the case SUBRECIPIENT fails to submit the corrective action plan in a timely
manner to the COUNTY, the COUNTY may require a portion of the awarded grant
amount be returned to the COUNTY.
• The COUNTY may require upwards of five percent (5%) of the award amount
be returned to the COUNTY, at the discretion of the Board of County
Commissioners.
• The entity may be denied future consideration as set forth in Resolution No.
2013-228.
3. If in the case SUBRECIPIENT continues to fail to correct the outstanding issue or
repeats an issue that was previously corrected and has been informed by the
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COUNTY of their substantial non-compliance by certified mail; the COUNTY
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
COUNTY.
The COUNTY may require upwards often percent (10%) of the award amount
be returned to the COUNTY, at the discretion of the Board of County
Commissioners.
• The SUBRECIPIENT will be considered in violation of Resolution No. 2013-
228.
4. If in the case, after repeated notification, SUBRECIPIENT continues to be
substantially non-compliant, the COUNTY may recommend the contract or award
be terminated.
The COUNTY will make a recommendation to the Board of County
Commissioners to immediately terminate the agreement or contract. The
SUBRECIPIENT will be required to repay all funds disbursed by the
COUNTY for the project that was terminated. This includes the amount
invested by the COUNTY for the initial acquisition of properties or other
activities.
SUBRECIPIENT will be considered in violation of Resolution No. 2013-228.
If in the case SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be
non-compliant, the above sanctions may be imposed across all awards at the BCC's discretion.
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this agreement, and on the resolution of monitoring findings identified pursuant to this
agreement, as deemed necessary by the County Manager or designee.
During the term, 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 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
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
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; (2) the SUBRECIPIENT does not assume the recipient's
responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) the
SUBRECIPIENT is 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 laws, regulations, and policies governing the funds provided under this agreement.
The SUBRECIPIENT further agrees to utilize funds available under this agreement to supplement
rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating
or establishing the relationship of 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.
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 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.
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
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activities to be undertaken as part of this agreement, such modifications will be incorporated only
by written amendment, signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The patties 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, or the reduction of funds awarded by HUD to
Collier County, to a level, determined by the County Manager, to be insufficient to adequately
administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all
or any portions of the funds will not be available. In either event, the COUNTY may terminate this
agreement, which termination shall be effective as of the date that it is determined by the County
Manager or designee, in his/her sole discretion and judgment, that the funds are no longer available.
In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to
hold the COUNTY, nor any individual member of the County Commissioners and/or County
Administration, personally liable for the performance of this agreement, and the COUNTY shall
be released from any further liability to SUBRECIPIENT under the terms of this agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act, 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 there-
on. 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 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, whether printed or digitally prepared and released by the SUBRECIPIENT for, on
behalf of, and/or about the Program shall include the statement:
"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN
SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team, as well as
Equal Housing Opportunity, to the general public. Construction signs shall comply with applicable
COUNTY codes.
3.8 DEFAULTS, REMEDIES, AND TERMINATION
In accordance with 2 CFR 200.339, this agreement may also be terminated for convenience by
either the COUNTY or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for
such termination, the effective date, and, in the case of partial terminations, the portion to be
terminated. However, if in the case of a partial termination, the COUNTY determines that the
remaining portion of the award will not accomplish the purpose for which the award was made, the
COUNTY may terminate the award in its entirety.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
agreement:
A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or
such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as
may become applicable at any time.
B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its
obligations under this agreement.
C. Ineffective or improper use of funds provided under this agreement.
D. Submission by the SUBRECIPIENT to the COUNTY 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.
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
that SUBRECIPIENT has received under this agreement.
D. Apply sanctions, if determined by the COUNTY to be applicable.
E. Stop all payments, until identified deficiencies are corrected.
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. Regulations regarding real property are
subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7).
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" and 2 CFR 200.310, has been obtained, and said
insurance shall be carried, at all times, during SUBRECIPIENT's performance under the
agreement.
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, Cost Principles and
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Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the
Community Development Block Grant (24 CFR 570 et seq.).
3.12 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through
.326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing
thresholds are:
Range:
Competition Required
$0-$3,000
Single Quote with documentation
$3,000 - $50,000
3 Written Quotes
$50,000+
Formal Solicitation ITB, RFP, etc;
All improvements specified in Part 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 contracts for
improvements with the lowest, responsible and qualified bidder. Contract administration shall be
handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records
and documents related to the project.
3.13 PROGRAM GENERATED INCOME
No Program Income is anticipated. In the event Program Income is derived from the use of CDBG
funds disbursed under this agreement, such Program Income shall be utilized by the
SUBRECIPIENT for CDBG-eligible activities, approved by COUNTY. 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 accordingly, and shall be in
compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When
program income is generated by an activity that is only partially assisted with CDBG funds,
the income shall be prorated to reflect the percentage of CDBG funds used. hi the event there
is a program income balance at the end of the Program Year, such balance shall revert to the
COUNTY's Community Block Grant Program, for further reallocation.
Public Facilities and Improvements: Public facilities that are acquired, constructed, rehabilitated,
or otherwise improved with CDBG funds are subject to this requirement. This includes parks,
libraries, community centers, and any other facility whose primary purpose is a public one. For
these facilities, program income is the income generated by the use of the facility, less the operating
costs associated with generating the income. The COUNTY considers utilities, property insurance,
and facility maintenance to be operating costs that should be subtracted from revenue to determine
net program income. For each funded project, the SUBRECIPIENT must submit for the
COUNTY's approval a list of proposed costs incidental to the generation of the program income.
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Additionally, real property under the SUBRECIPIENT'S control that was acquired or improved,
in whole or in part, with CDBG funds shall be used to meet one of the CDBG National Objectives
pursuant to 24 CFR 570.208, during the continued use period, as referenced in section 3.14 (Gant
Closeout Procedures) of this agreement. If the SUBRECIPIENT sells, transfer, disposes of, or
otherwise fails to continue to use the CDBG-assisted real property in a manner that meets a CDBG
National Objective, the SUBRECIPIENT shall pay the COUNTY an amount equal to a percentage
of the current fair market value of the property, after subtracting disposal costs. Such percentage
shall have as its basis, the percentage of the appraised value attributable to CDBG and non-CDBG
funds expended for the original acquisition of, or improvement to, the property under the terms of
this agreement. Such payment shall constitute program income to the COUNTY.
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 continued use period has been met (for public services, "after the expiration of the
Agreement"). The continued use period shall commence with the later of the Subrecipient meeting
the National Objective or the recording of lien and/or deed restriction documentation). Activities
during this closeout period shall include, but are not limited to making final payments, disposing
of program assets (including the return of all unused materials, equipment, program income
balances, and receivable accounts to the COUNTY), and determining the custodianship of records.
In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with
Section 119.021, Florida Statutes regarding records maintenance, preservation, and retention. A
conflict between state and federal 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 that have been advanced or paid must be returned to the COUNTY. Any funds
paid exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this
agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and
informationthat complies with Section 215.97, Florida Single Audit Act. Closeout procedures must
take place in accordance with 2 CFR 200.343.
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 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 51 percent of the beneficiaries of a project funded through this agreement must be low -
and moderate- income persons or presumed to be low- to moderate- income persons based on
applicable regulation, if the agreement is meeting a national objective through a LMI strategy. If
the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide,
more than 30 percent 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 AFFIIi 4ATIVE 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 continued use
period and must be 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 SUBRECIPIENT. The SUBRECIPIENT covenants that
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it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", 2 CFR 200.318, and
the State and Countystatutes, regulations, ordinances, or resolutions governing conflicts of interest.
The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person, or an entity
owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval
of an identity of interest contract will be in the COUNTY'S sole discretion. This provision is not
intended to limit SUBRECIPIENT's ability to self -manage the projects using its own employees.
Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its
contractors shall be disclosed, in writing, to CHS provided, however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low- and moderate -
income residents of the project target area.
3.20 RELIGIOUS ORGANIZATIONS
CDBG funds may be used by religious organizations or on properly owned by religious
organizations only in accordance with requirements set in Section 24 CFR 570.2001 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 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.
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3.21 INCIDENT REPORTING
If services to clients are to be provided under this agreement, the SUBRECIPIENT and any
subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of
a child, aged person, or disabled adult to the COUNTY.
3.22 SEVERABILITY
Should any provision of the agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
https://www.ecfr. gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title24/24cfr570vmaine02.tpl
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
littps;Hwww.ecfr.gov/cgi-bi n/text-idx?tpl=/ecfrbrowse/Title24/24cfr5 8mmaine02.tpl
4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended
https://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/10
9
4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing
Act.
htti)://www.hud.gov/offices/f ieo/library/huddoistatement.r)dfhtti)s://www.hud.aov/t)roaram offic
es/fair housing equal opp/ReasonableAccommodationsl5
Executive Order 11063 — Equal Opportunity in Housing
https://www.hud.gov/progi-am offices/fair housing equal opp/FHLaws/EX011063
Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs
https://www.archives. gov/federal-register/codification/executive-order/ 12259.html
24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.0
https://www.law.cornell.edu/cfr/text/24/pact-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 https://www.hud.gov/programdescription/title6
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.
https://www. gpo.gov/fdVs/pkg/CFR-2007-title24-vol3/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:
https://www.hud.gov/program offices/fair housing equal opp/FHLaws/EX011246
EO 11375 and 12086: see item 48 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 SUBRECMENT, state that it is an Equal Opportunity or
Affirmative Action employer.
https://www.hud.gov/programdescription/title6
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 Subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the agreement through which Federal
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
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 correction 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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littbs://www.bud.gov/sites/documents/DOC 12047.PDF
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/eefrbrowse/Title24/24efrl35 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
https://www.hud.gov/prograin offices/fair housing equal opp/FHLaws/109
https:Hportal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/E
X011063
11246: https://www.dol.gov/ofccp/regs/statutes/eoI1246.htm
11375: Amended by EO t 1478
11478: https://www.arebives.gov/federal-register/codification/executive-order/11478.htm1
12107: https://www.archives.gov/federal-register/codification/executive-order/12107.htinl
12086: https://www.ai-chives.gov/federal-register/codification/executive-order/12086.html
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
https://www.dol.gov/whd/reg_s/statutes/safe0i.pd
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K.
Section 504: https://www.epa.gov/civilrights/sec504.htm
29 USC 776: https:Hlaw.onecle.com/uscode/29/776.htmi
24 CFR 570.614: htns://www.law.comell.edu/cfr/texY24/570.614
4.13 The Americans with Disabilities Act of 1990: https://www.htid.govihudprograins/eohudap
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
https://www.fhwa.dot.gov/real estate/uniform act/index.cfin
4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects, 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
httpLs://www.law.comell.edu/cfr/text/29/pal-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)
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https://www.law. comel1. edu/cfi•/text/29/part-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally
assisted projects. https://www.presidency.uesb.edu/ws/index.php?pid=23675
4.16 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 - which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise.
https://www. archives. gov/federal-register/cod ification/executive-order/ 11625. htm I
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: https://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vol3/pdf/CFR-2010- title24-
vol3-sec570-608.pdf
E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm
4.18 Public Law 100-430 - the Fair Housing Amendments Act of 1988.
https://www.iicbi.nlm.nih.gov/ptibmed/12289709
4.19 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
https://www.eefr gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Tit]e02/2efr200 main 02.tpl
4.20 Immigration Reform and Control Act of 1986
https://www.ceoc.,gov/eeoc/history/35th/thelaw/irea.html
4.21 Prohibition of Gifts to County Employees -No organization or individual shall offer or give, either
directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any County
employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance
No. 2004-05, as amended, and County Administrative Procedure 5311.
Florida Statutes-
https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112partiii
Collier County-
http://www.colliergov.net/home/showdocument?id=35137
4.22 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the
agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
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by application of the Supplemental Conditions, if any, or the agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
4.23 Venue -Any suit of action brought by either party to this agreement against the other party, relating
to or arising out of this agreement, must be brought in the appropriate federal or state courts, in
Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required
for this item).
4.24 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes. The litigation arising out of this agreement shall be adjudicated in Collier County, Florida,
if in state court and the US District Court, Middle District of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
https://www.flseliate.gov/Laws/Statutes/2012/44.102
4.25 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. htt2s://www.law.cornell.edu/uscode/text/42n40l
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.law.comell.edu/uscode/texb33/chapter-26
4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an
area identified by FEMA as having special flood hazards, flood insurance under the National Flood
Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA)
may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said
flood insurance.
https://www.law.comell.edu/cfr/text/24/570.605
4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to the HUD Lead- Based Paint Poisoning
Prevention Act, found at 24 CFR 570.608, Subpart K. https•//www.gpo.gov/fdsys/granule/CFR-
2000-title24-vol3/CFR-2000-title24-vola-sec570-608-id 163
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NN
4.28 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this agreement.
hftps://www.nps.gov/histoiy/local-law/nhpal 966.htm
https://www.eefr.gov/09i-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr800 main 02.tpl
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, State or Local historic property list.
hLtps://www.nps.gov/history/local-law/nhpal 966.htm
4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with
the Drug -Free Workplace Act of 1988 (41 USC 701).
https://www.gpo.gov/fdsys/pyanule/USCODE-2009-titic4 1/USCODE-2009-title4 I -chap 10-
sec70I
4.30 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not
knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from participating in this covered transaction as outlined in 24
CFR 570.609, Subpart K.
https://www.law.cornell.edu/cfr/text/24/570.609
4.31 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable
and agrees to adhere to the accounting principles and procedures required therein, utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred. These
requirements are enumerated in 2 CFR 200, et seq.
4.32 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be
submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The
SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500. Subrecipients exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT' S
fiscal year. Per 2 CFR 200.344, if this agreement is closed out prior to the receipt of an audit report,
the COUNTY reserves the right to recover any disallowed costs identified in an audit after such
closeout.
https://www ecfr.gov/cgi-bin/text-
idx?SID=5 a78addefff9a535e83fed30103 08aef&mc=true&node=se2.1.200 1344&rgn=div8
4.33 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation
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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 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.
https://www.gpo.gov/fdsys/granule/CFR-1999-title49-vol I /CFR-1999-title49-vol l -see24-101
https://www.gpo. og v/fdsLs/granule/CFR-2012-title24-vola/CFR-2012-title24-vol3-sec570-505
4.34 As provided in § 287.133, Florida Statutes, by entering into this agreement or performing any work
in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.
This notice is required by § 287.133 (3) (a), Florida Statutes.
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search_String=&UR
L=0200-0299/0287/Sections/0287.133.htrnl
4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress, in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions. The undersigned shall require that the language of
this certification be included in the award documents for all sub -awards at all tiers (including
subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
4,36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem
rates in effect at the time of travel.
https://www.gsa.pov/portal/content/I 04877
4.37 Equal access in accordance with the individual's gender identity in community planning and
development programs, per 24 CFR 5.106.
https://www.govregs.coin/regulations/expand/tit]e24 part5_subpartA section5.106
4.38 Housing Counseling, including homeownership counseling or rental housing counseling, as defined
in §5.100, required under or provided in connection with any program administered by HUD shall
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be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214
to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111.
https://www.ccfr.gov/cgi-bin/text-
idx7SID=e339ece9fdfd 1479eab67e850c7cddd4&node=24:2.1:1.2.10.4&r =n=div6
hMs://www.law.cot-nell.edu/cfr/text/24/5.1 11
4.39 HUD Final Rule — Implementation of the Violence Against Women Reauthorization Act of 2013
which applies for all victims of domestic violence, dating violence, sexual assault, and stalking,
regardless of sex, gender identity, or sexual orientation, and which must be applied consistent
with all nondiscrimination and fair housing requirements.
https•//www.federalregister.gov/documents/2016/11 /16/2016-25 888/violence-against-women-
reauthorization-act-of-2013-implementation-in-hud-housing-pro rg ams
4.40 Any rule or regulation determined to be applicable by HUD.
4.41 Florida Statutes 713.20, Part 1, Construction Liens
https://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700-
0799/0713/0713.html
4.42 Florida Statutes 119.02t Records Retention
http://www.leg.state.fl.us/StatLites/index.cfin?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.02 Lhtml
4.43 Florida Statutes, 119,071, Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.021.html
(Signature Page to Follow)
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IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an
authorized person or agent, hereunder set their hands and seals on the date first written above.
ATTEST:
CRYSTAL K. KINZEL, CLERK
, Deputy Clerk
Dated:
(SEAL)
Approved as to form and legality:
Jennifer A. Belpedio p,
Assistant County Attorney a
Date:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
WILLIAM L. McDANIEL, JR., CHAIRMAN
Date:
IMMOKALEE FIRE CONTROL DISTRICT
By: u t". R CL 1 t J
PATRICIA ANNE GOODNIG T, CHAIRMAN
Date:
-1(-aIlc�
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PART V
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
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.
DESIGN STAGE (1F 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.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its
Subcontractors to provide, original certificates indicating the following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than one
hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001),
the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal
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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.
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.1.M.A.
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EXHIBIT B
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Immokalee Fire Control District
Subrecipient Address: 502 New Market Road East _
Project Name: Immokalee Fire Station Design
Project No:
Total Payment Minus Retainage
Period of Availability: through
Payment Request #
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded $
2. Sum of Past Claims Submitted on this Account $
3. Total Grant Amount Awarded Less Sum of Past Claims
Submitted on this Account $
4. Amount of Today's Request $
5. 10% Retainage Amount Withheld (if applicable) $
6. Current Grant Balance (Initial Gant Amount Award
request) (includes Retainage)
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief,
all grant requirements have been followed.
Signature
Title
Authorizing Grant Coordinator
Supervisor
(Approval required $15,000 and above)
Date
Authorizing Grant Accountant
Division Director
(Approval Required $15,000 and
above)
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EXHIBIT C
QUARTERLY PERFORMANCE REPORT DATA
GENERAL -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. At COUNTY's discretion, SUBRECIPIENT may be
required to enter the information collected on this exhibit into an online grant management system.
Agency Name: Immokalee Fire Control District Date: _
Project Title: Immokalee Fire Station Design IDIS #:
Program Contact: Telephone Number:
Activity
Reporting Period
Report Due Date
October
I ' — December 3151
January 10111
January
1°`—March 315'
April 101h
April h'
—June 30'
July 10'^
Jul h' —
September 30'h
October 101h
REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period):
12/31/19 3/31/20 6/30/20 9/30/20
Please note: The CDBG/HOME/ESG Program year begins October 1, 2019 — September 30, 2020. Each quarterly
renort must include cumulative data beginning from the start of the program year October 1, 2019.
�a.
Please list the outcome goal(s) from yourapproved application and subrecipient agreement and indicate your
ro ress in meetin those oals since October 1, 2019.
CD19-09
Outcome Goals: list the outcome goal(s) from your approved application and subreci fent agreement
CDBG $
Outcome 1: Complete architectural design and engineering for a proposed new fire station.
Other Consolidated Plan Funds $
Outcome 2:
Outcome 3:
b.
Goal Progress: Indicate the progress to date in meeting each outcome goal.
$
Outcome 1:
Outcome 2:
Total Entitlement Funds $
Outcome 3:
F27
Is this project still in compliance with the original project schedule: Yes No
If No Explain:
3.
Since October 1, 2019; of the persons assisted, how many...
Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes
a. ...now have new access(continuing) to this service or benefit?
0
b. ...now have improved access to this service or benefit?
0
c. ...now receive a service or benefit that is no longer substandard?
0
Total
0
4.
What funding sources did the subreci lent apply for this period?
CD19-09
Section 108 Loan Guarantee $
CDBG $
Page 34
OHO
Other Consolidated Plan Funds $
HOME $
Other Federal Funds $
ESG $
$
HOPWA $
$
Total Entitlement Funds $
Immokalee Fire Control District
CD19-09
Immokalee Fire Station Design
Page 34
OHO
5.
What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if
applicable? Answer question 5a or 5b; NOT both
For LMC activities: people, race/ethnicity, and income data are reported by persons.
For LMH activities: households, race/ethnicity, and income level are reported by households, regardless
the number of persons in the household.
7.
a.
Total No. Persons/Adults served 0 Total No, persons served under 18 (LMC) 0
LMC
b. Total No. Households served LMH 0 Total No. female head of household (LMH) 0
Quarter Total No. of Persons 0 Quarter Total No. of Persons 0
Indicate the total number of UNDUPLICATED persons
served since October I who fall into each presumed
benefit category (the total should equal the total in
question #6a or 6b):
Indicate the total number of UNDUPLICATED
persons served this Quarter who fall into each
income category (the total should equal the total in
uestion #6):
a
Presumed Benefit Activities Out LMC TR
b.
Total No. of Households served 0 Total No. of female head of household (LMH) 0
6.
What is the total number of UNDUPLICATED clients served since October, if applicable?
Answer question 6a or 6b, NOT both
For LMC activities: race/ethnicity and income data are reported by persons.
7.
a. Total No. Persons/Adults served 0 Total No Persons served under 18 (LMC) 0
LMC
YTD Total: 0 YTD Total 0
b. Total No. Households served LMH 0 Total No. female head of household (LMH) 0
YTD Total 0 YTD Total 0
8.
Complete EITHER question 7 or 8, NOT both
Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed
Benefit categories.
7.
PRESUMED BENEFICIARY DATA ONLY:
LMCQuarter
PRESUMED BENEFICIARY DATA ONLY
LMC YTD
Indicate the total number of UNDUPLICATED
persons served thisua arter who fall into each
presumed benefit category (the total should equal the
total in question #6a or 6b):
Indicate the total number of UNDUPLICATED persons
served since October I who fall into each presumed
benefit category (the total should equal the total in
question #6a or 6b):
Indicate the total number of UNDUPLICATED
persons served this Quarter who fall into each
income category (the total should equal the total in
uestion #6):
a
Presumed Benefit Activities Out LMC TR
b
Presumed Benefit Activities Only LMC YTD
Extremely Low Income (0-30%)
0 Abused Children ELI
b
0 Abused Children ELI
0 Homeless Person ELI
0 Homeless Person ELI
0 Migrant Farm Workers LI
0 Migrant Far[n Workers LI
0 Battered Spouses LI
0 Battered Spouses LI
0 Persons w/HIV/AIDS LI
0 Persons w/HIV/AIDS LI
0 Elderly Persons LI or MOD
0 Elderly Persons LI or MOD
0 Illiterate Adults LI
0 Illiterate Adults LI
0 Severely Disabled LI
Adults
0 Severely Disabled Adults LI
0 Quarter Total
0 YTD Total
8.
Complete question 8a and 8b if any client in your program
does not fall into a Presumed Benefit category.
Other Beneficiary Data: Income Range
Other Beneficiary Data: Income Range
Indicate the total number of UNDUPLICATED
persons served this Quarter who fall into each
income category (the total should equal the total in
uestion #6):
Indicate the total number of UNDUPLICATED persons
served since October 1 (YTD) who fall into each income
category (the total should equal the total in question #6):
a
ELI
Extremely Low Income (0-30%)
0
b
ELI Extremely Low Income (0-30%)
0
LI
Low Income (31-50%)
0
Ll Low Income
0
MOD
Moderate Income (51-80%)
0
MOD Moderate Income (51-80%)
0
NON-
L/M
Above Moderate Income (>80%)
0
NON- Above Moderate Income (>80%)
L/M
0
Quarter Total
0
YTD Total
0
Immokalee Fire Control District
CD19-09
Immokalee Fire Station Design
Page 35
Otl)
9.
Racial & Ethnic Data if applicable)
CD19-09
Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients
clients served this Quarter fall into each race served since October (YTD) fall into each race category. In
category. In addition to each race category, please addition to each race category please indicate how many
indicate how many persons in each race category persons in each race category consider themselves
consider themselves Hispanic. (Total Race colutnn Hispanic. (Total Race colmnn should equal the total in
should equal the total in question 6.question 6.
a. RACE
ETHNICITY b. RACE ETHNICITY
/HISPANIC /HISPANIC.
White 0
0 White 0 0
Black/African American 0
0 Black/African American 0 0
Asian 0
0 Asian 0 0
Americanlndian/Alaska Native 0
0 Americanlndian/Alaska Native 0 0
Native HawaiiantOther Pacific Islander 0
0 Native Hawaiiial0ther Pacific Islander 0 0
Black/African American & White 0
0 Black/African American & White 0 0
American Indian/Alaska Native & 0
Black/African American
0 American Indian/Alaska Native & 0 0
Black/African American
Other Multi -racial 00
Other Multi -racial 0 0
0
0 0 0
Name:
Signature:
Title:
Your typed name here represents your electronic signature
Immokalee Fire Control District
CD19-09
Immokalee Fire Station Design
Page 36
Otto
EXHIBIT D
INCOME CERTIFICATION
INSTRUCTIONS
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
Page 37
�d7
2
4
3
5
4
7
5
8
0.00
6
0.00
Total Income from Assets 13 b 0.00
7
8
B. Assets: All Household Members, Including Minors
Member Asset Description
Cash Value Income
from Assets
l
2
Page 37
�d7
3
4
5
6
7
8
0.00
Total Cash Value of Assets B(a)
0.00
Total Income from Assets 13 b 0.00
If line B(a) is greater than $5,000, multiply that amount by the rate specified
by HUD (applicable rate 0 .06%) and enter results in 13(c), otherwise leave
blank. B c
Immokalee Fire Control District
CD19-09
Immokalee Fire Station Design
Page 37
�d7
A. 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),
in
above,
4
box C(e)
5
below)
6
7
8
Totals
(a)
(b)
(c) (d)
(e)
0.00
0.00
0.00 0.00
Enter total of items C(a) through C(e).
0.00
This amount is the Annual Anticipated Household Income.
B. 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
Adult Household Member (if applicable)
Adult Household Member (if applicable)
Immokalee Fire Control District
CD19-09
Immokalee Fire Station Design
Date
Date
Date
Date
Page 38
A. CDBG Grantee Statement:
individual(s) named in Item A
provisions of the CDBG Program
Based on the representations herein, the family or
of this Income Certification is/are eligible under the
The family or individual(s) constitute(s) a:
❑ Extremely Low Income (ELI) Household means and individual or family whose annual income
does not exceed 30/50t1i of the Very Low Income (60 percent of VLI) 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 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
B. Household Data
Number of Persons
By Race / Ethnicity B Age
Native
American
Hawaiian or
0-25
26-40
41 —61
62+
Indian
Asian
Black
Other Pac.
White
Other
Islander
Hispanic
Non -
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 refatsal
to give such information will not affect any right he or she has to the CDBG program.
Immokalee Fire Control District
CD19-09
Immokalee Fire Station Design Page 39
0
EXHIBIT E
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if
subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires
that all appropriate documentation is provided regarding your organization's compliance. In determining Federal
awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the
activity related to the Federal award occurs, including any Federal award provided by Collier County. The
determination of amounts of Federal awards expended shall be in accordance with the guidelines established by
established by 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single
Audit Act Statute 215.97 requirements.
Subrecipient
Immokalee Fire Control District
Name
First Date of Fiscal Year MM/DD/YY
Last Date of Fiscal Year MM/DD/YY
Total Federal Financial Assistance Expended
Total State Financial Assistance Expended during
during most recently completed Fiscal Year
most recently completed Fiscal Year
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has
been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed
or will be completed by . Copies of the audit report and management letter
are attached or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑ Are a for-profit organization
❑ Are exempt for other reasons — explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit report. While we
understand that the audit report contains a written response to the finding(s), we are
requesting an updated status of the corrective action(s) being taken. Please do not provide
just a copy of the written response from your audit report, unless it includes details of the
actions, procedures, policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature
Date
Print Name and Title
Immokalee Fire Control District
CD19-09
Immokalee Fire Station Design
06/18
Page 40
0
FAIN #
B -19 -UC -12-0016
Federal Award Date
EST. 10/2019
Federal Award Agency
HUD
CFDA Name
Community
Development Block
Grant
CFDA/CSFA#
14.218
Total Amount of Federal
Funds Awarded
$80,000
Subreci ientName
CPPIFPMD
DUNS#
076997790
FEIN
59-6000558
R&D
No
Indirect Cost Rate
No
Period of Performance
10/1/2019-12/31/2020
Fiscal Year End
9/30
Monitor End:
4/30/2025
MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN
COMMUNITY AND HUMAN SERVICES (CHS)DIVISION
AND THE
CAPITAL PROJECT PLANNING, IMPACT FEES & PROGRAM MANAGEMENT DIVISION
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this _ day of 20,
by and between Community and Human Services (CHS) Division and Capital Project Planning, Impact
Fees & Program Management Division, both divisions of Collier County, a political subdivision of the State
of Florida.
WHEREAS, throughout this MOU all references of the term "SUBRECIPIENT" shall be Capital
Project Planning, Impact Fees & Program Management Division; and
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 2019-2020 for the CDBG Program with
Resolution 2019-xxxx on June 25, 2019 — Agenda Item xxxx; and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans, the County advertised the 2019/2020 Annual
Action Plan, on May 24, 2019, with a 30 -day Citizen Comment period from May 24, 2019 to June 25, 2019;
and
Capital Project Planning, Impact Fees & Program Management Division
04
Napl
Naples Manor Infrastructure Improvements Phase 1 Page 1 GP
WHEREAS, the SUBRECIPIENT has submitted a proposal for participation in the Collier County
CDBG program; and
WHEREAS, CHS and SUBRECIPIENT wish to set forth the responsibilities and obligations of
each in the undertaking the CDBG CD 19-04 Naples Manor Stormwater Improvements Phase 1.
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
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 provided herein and, as determined by Collier County
Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as
follows:
Project Name: Naples Manor Stormwater Improvements Phase
Description of project and outcome:
CHS, as administrator of the CDBG program, will make available CDBG funds up to the gross
amount of $80,000.00 to Collier County's Capital Project Planning, Impact Fees & Program
Management Division to fund: A preliminary engineering study to identify design alternatives,
constraints, and opportunities to improve the stormwater management system within Naples
Manor. The completed comprehensive preliminary engineering study will provide the basis upon
which infrastructure improvements for Naples Manor will be designed.
Phase 2, the design phase, at least one project component resulting from the preliminary
engineering study, shall commence within one year after the study has been completed; and Phase
3 the construction Phase, the identified component in phase 2, must commence within one year of
the completed design to progress towards meeting a CDBG national objective in a timely manner
or risk repayment of CDBG funds.
In the event that the project is not complete by 12/2025, the subrecipient SHALL repay all funds
invested to date from a non-federal source.
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty (60) calendar days of the execution of this MOU, the SUBRECIPIENT must
deliver to CHS for approval a detailed project schedule for the completion of the project,
excluding Public Service projects.
B. The following resolutions and policies must be submitted within sixty (60) days of this
MOU:
Capital Project Planning, Impact Fees & Program Management Division
CD19-04 d
Naples Manor Infrastructure Improvements Phase 1 Page 2 V
❑ Affirmative Fair Housing Policy
® Affirmative Action/ Equal Opportunity Policy
® Conflict of Interest Policy
® Procurement Policy
❑ Uniform Relocation Act Policy
® Sexual Harassment Policy
® Procedure for meeting the requirements set forth in Section 3 of the Housing and
Urban Development Act of 1968, as amended (12U.S.C. 794 1 u)
® Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
Fraud Policy
C. Environmental Review Requirement (ERR) - No program costs can be incurred until an
environmental review of the proposed project is completed and approved. Further, the
SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance
of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the
denial of any reimbursement of funds under this MOU.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Description
I Federal Amount
Project Component 1: A preliminary engineering study to identify design
$80,000
alternatives, constraints and opportunities to improve the stormwater management
system within Naples Manor.
Total Federal Funds:
$80,000
The Subrecipient will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
❑ Maintain and provide to CHS, as requested, beneficiary income certification
documentation
® Maintain and provide National Objective Documentation
® Provide Quarterly Reports on National Objective and project progress
® Required attendance by a representative from executive management at scheduled
partnership meetings, as requested by CHS
® Identify Lead Project Manager
❑ Provide Site Design and Specifications
❑ Comply with Davis Bacon Labor Standards
® Comply with Section 3 and maintain documentation
❑ Provide certified payroll weekly throughout construction and rehabilitation
❑ Comply with Uniform Relocation Act (URA), if necessary
❑ Ensure applicable numbers of units are Section 504/ADA accessible
Capital Project Planning, Impact Fees & Program Management Division
CD19-04
Naples Manor Infrastructure Improvements Phase 1 Page 3 GQ"
❑ Ensure the applicable affordability period for the project is met
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:
LMA: Must document where at least 51 percent of the residents are LMI persons based on
HUD determined eligible census tracts. Failure to achieve the national objective under this MOU
will require repayment of the CDBG investment under this MOU.
LMC: Must document that at least 51 percent of persons served, are low to moderate
income persons or households, in order to meet a CDBG National Objective. Failure to achieve the
national objective under this MOU will require repayment of the CDBG investment under this
MOU.
LMH: Must document providing or improving permanent residential structures, which
upon completion will be occupied by LMI households. Structures with three or more units must
have at least 51 percent occupied by LMI households and structures with less than three units must
be occupied by 100 percent LMI households. Failure to achieve the national objective under this
MOU will require repayment of the CDBG investment under this MOU.
LMJ: Must document job creation and retention. The LMI benefit national objective
addresses activities designed to create or retain permanent jobs, at least 51 percent of which
(computed on a full-time equivalent basis) will be made available to or held by LMI persons.
Failure to achieve the national objective under this MOU will require repayment of the CDBG
investment under this MOU.
C. Performance Deliverables
Program Deliverable
LMA
— Low/Mod Area Benefit
❑
LMC
— Low/Mod Clientele Benefit
❑
LMH
— Low/Mod Housing Benefit
❑
LMJ —
Low/Mod Job Benefit
LMA: Must document where at least 51 percent of the residents are LMI persons based on
HUD determined eligible census tracts. Failure to achieve the national objective under this MOU
will require repayment of the CDBG investment under this MOU.
LMC: Must document that at least 51 percent of persons served, are low to moderate
income persons or households, in order to meet a CDBG National Objective. Failure to achieve the
national objective under this MOU will require repayment of the CDBG investment under this
MOU.
LMH: Must document providing or improving permanent residential structures, which
upon completion will be occupied by LMI households. Structures with three or more units must
have at least 51 percent occupied by LMI households and structures with less than three units must
be occupied by 100 percent LMI households. Failure to achieve the national objective under this
MOU will require repayment of the CDBG investment under this MOU.
LMJ: Must document job creation and retention. The LMI benefit national objective
addresses activities designed to create or retain permanent jobs, at least 51 percent of which
(computed on a full-time equivalent basis) will be made available to or held by LMI persons.
Failure to achieve the national objective under this MOU will require repayment of the CDBG
investment under this MOU.
C. Performance Deliverables
Program Deliverable
Deliverable Supporting
Submission Schedule
Documentation
Special Grant Condition Policies
Policies as stated in this MOU
Within sixty (60) days of MOU
Section 1.1
execution
Insurance
Insurance Certificate
Within 30 days of MOU
execution and Annually within
th' 30 da sof renewal
Detailed Project Schedule
Project Schedule
Within sixty (60) days of MOU
execution
Project Plans and Specifications
Engineer procurement package
Not applicable
Subcontractor Log
Subcontractor Log
Not applicable
Capital Project Planning, Impact Fees & Program Management Division
CD19-04
Naples Manor Infrastructure Improvements Phase 1 Page 4
Submission of Progress Report
Exhibit C
Quarterly reports within 10 days
Project Component 1: A
Submission of supporting documents
following the end of the quarter.
preliminary engineering study to
must be provided as backup, as evidenced
Final report due 60 days after
identify design alternatives,
by invoice(s), proof of payment and any
agreement ends.
Section 3 Report
Quarterly report of new hire
Quarterly
improve the stormwater
information
Davis -Bacon Act Certified
Not applicable
Not applicable
Payroll
Financial and Compliance Audit
Audit, Management Letter and
Nine (9) months after FY end
Exhibit E
for Single Audit
Continued Use Certification
Continued Use Affidavit, if
Annually after completion of
applicable
construction; for five (5) years
after meeting the National
Objective
Revenue Plan for maintenance
Plan approved by CHS
Initial Plan due after completion
and Capital Reserve
of construction. Annually;
through the period of continued
use
Program Income Reuse Plan
Plan Approved by CHS
Not applicable
D. Payment Deliverables
Payment Deliverable
Payment Supporting Documentation
Submission Schedule
Project Component 1: A
Submission of supporting documents
Submission of
preliminary engineering study to
must be provided as backup, as evidenced
monthly invoices.
identify design alternatives,
by invoice(s), proof of payment and any
(example)
constraints and opportunities to
other additional documentation as
improve the stormwater
requested.
management system within
Naples Manor
Failure by the subrecipient to achieve the National Objective will require repayment of the CDBG
investment under this MOU.
1.3 PERIOD OF PERFORMANCE
Services of the Subrecipient shall start on October 1, 2019 and shall end on December 31, 2020.
1.4 MOU AMOUNT
CHS agrees to make available (Eighty Thousand) Dollars ($80,000.00) for use by the
SUBRECIPIENT, during the term of the MOU (hereinafter, shall be referred to as the "Funds").
Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund
shifts among line items shall not be more than 10 percent of the total funding amount and does not
Capital Project Planning, Impact rees & Program Management Division
Naples
Naples Manor Infrastructure Improvements Phase 1 Page 5 VV
signify a change in scope. Fund shifts that exceed 10 percent of the MOU amount shall only be
made with Board approval.
The County shall reimburse the SUBRECIPIENT for the performance of this MOU upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible
costs, and all disbursement requests must be limited to the amount needed at the time of the
request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations
incurred during the term of this MOU. Invoices for work performed are required every month. 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 may be required if two
consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT,
when requested, as work progresses but, not more frequently than once per month. Reimbursement
will not occur if Subrecipient fails to perform the minimum level of service required by this MOU.
Final invoices are due no later than 90 days after the end of the MOU. Work performed during the
term of the program but not invoiced within 90 days after the end of the MOU may not be processed
without written authorization from the Grant Coordinator.
The County Manager or designee may extend the term of this MOU for a period of up to 180 days
after the end of the MOU. Extensions must be authorized, in writing, by formal letter to the
SUBRECIPIENT.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requirements. Except where disputed for noncompliance,
payment will be made upon receipt of a properly completed invoice and in compliance with
§218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act."
1.5 COST PRINCIPLES
Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost
allowability found at 2 CFR 200 Subpart E -Cost Principles. For the purposes of this section
(Section 1.5 -Cost Principles) of this MOU, SUBRECIPIENT is defined as a described in 2 CFR
200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under this
Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed
specifically to the projects referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT
must provide adequate documentation for validating costs incurred. Payments to
SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the
procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by
the SUBRECIPIENTS and Contractors shall comply with 2 CFR Subpart E -Cost Principles. A
Developer is not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 GFR Subpart
E and may impose requirements upon the Developer, in order for the COUNTY to remain
compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal
Capital Project Planning, Impact Fees & Program Management Division
CD19-04 O
Naples Manor Infrastructure Improvements Phase 1 Page 6 UQ
controls and maintain necessary source documentation for all costs incurred and adhere to any other
accounting requirements included in this MOU.
1.6 NOTICES
Notices required by this MOU 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 MOU shall be addressed to the individuals in the
capacities indicated below, unless otherwise modified by subsequent written notice.
CHS ATTENTION: Lisa Oien, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: Lisa.Oien@colliercountyfl.gov
Telephone: (239) 252-6141
SUBRECIPIENT ATTENTION Capital Project Planning, Impact Fees & Program
Management Division
Mindy Collier, Project Manager - Storrawater
2685 S. Horseshoe Dr. Suite 103
Naples, Florida 34104
Email: Mindy.Collier@colliercountyfl.gov
Telephone: (239) 252-6139
Capital Project Planning, Impact fees & Program Management Division
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PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
At any time during normal business hours and as often as CHS (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 MOU for review, inspection or audit.
Any deficiencies noted in audit reports must be fully cleared by the 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.
The determination of amounts of Federal awards expended shall be in accordance with guidelines
established by 2 CFR Part 200, Subpart F -Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to
determine compliance with the requirements of this MOU, the CDBG Program, and all other
applicable laws and regulations. This documentation shall include, but is not 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 CHS 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 this
MOU shall be made available to CHS, by the SUBRECIPIENT, at any time, upon request
by CHS. Materials identified in the previous sentence shall be in accordance with generally
accepted accounting principles (GAAP), procedures and practices, which sufficiently and
properly reflect all revenues and expenditures of funds provided directly or indirectly by
this MOU, 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 MOU.
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D. Upon completion of all work contemplated under this MOU, copies of all documents and
records relating to this MOU shall be surrendered to CHS, if requested. In any event,
SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily
accessible, permanent, and secured location for five (5) years after the date of submission
of the annual performance and evaluation report, as prescribed in 2 CFR 200.333, with
the following exception: if any litigation, claim, or audit is started before the expiration
date of the five (5) year period, the records will be maintained until all litigation, claim, or
audit findings involving these records are resolved. CHS shall be informed, in writing, if
an agency ceases to exist after closeout of this MOU of the address where the records are
to be kept, as outlined in 2 CFR 200.336. The SUBRECIPIENT shall meet all requirements
for retaining public records and transfer, at no cost to CHS, 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 CHS in a format that
is compatible with the information technology systems of CHS.
IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT 239-252-68329
Michael.Cox(i�colliercountyfl.2ov, 3299 Tamiami Trail E, Naples
FL 34112.
E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of
1931, including files containing contactor 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. SUBRECIPIENT will be responsible for the creation and maintenance of income eligible
files on clients served and documentation that all households are eligible under HUD
Income Guidelines. The SUBRECIPIENT agrees that CHS shall be the final arbiter on the
SUBRECIPIENT's compliance.
G. SUBRECIPIENT shall document how the National Objective(s), as defined in 24 CFR
570.208 and the eligibility requirement(s) under which funding has been received, have
been met. These also include special requirements, such as necessary and appropriate
determinations, as defined in 24 CFR 570.208, income certification, and written
agreements with beneficiaries, where applicable.
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IOU
H. SUBRECIPIENT shall provide the public with access to public records on the same terms
and conditions that CHS would provide the records and at a cost that does not exceed the
cost provided in Chapter 119, Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized
by 2 CFR 200.336 and 2 CFR 200.337.
2.3 MONITORING
During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to
CHS no later than nine (9) months after the Single Audit (or one hundred eighty (180) days for
Subrecipients exempt from Single Audit), after the SUBRECIPIENT'S fiscal year end. CHS will
conduct an annual financial and programmatic review.
SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring
visit and evaluation activities, as determined necessary. At CHS's discretion, a desk top review of
the activities may be conducted in lieu of an on-site visit. The continuation of this MOU is
dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS,
submit information and status reports required by CHS or HUD to enable CHS to evaluate said
progress and to allow for completion of reports required. The SUBRECIPIENT shall allow CHS
or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled,
as determined by CHS or HUD.
CHS will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud, waste,
abuse, or non-performance, based on goals and performance standards, as stated, with all other
applicable laws, regulations, and policies governing the funds provided under this MOU further
defined by 2 CFR 200.331. Substandard performance, as determined by CHS, will constitute
noncompliance with this MOU. If corrective action is not taken by the SUBRECIPIENT within a
reasonable period of time after being notified by CHS, contract suspension or termination
procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector
General, the General Accounting Office, CHS, or the County's internal auditor(s) access to all
records related to performance of activities in this MOU.
2.4 PREVENTION OF FRAUD AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient
to prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this MOU
and to provide for the proper and effective management of all Program and Fiscal activities of the
MOU. SUBRECIPIENT's internal control systems and all transactions and other significant events
shall be clearly documented, and the documentation shall be readily available for monitoring by
CHS.
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SUBRECIPIENT shall provide CHS with complete access to all of its records, employees, and
agents for the purpose of monitoring or investigating the performance of the MOU.
SUBRECIPIENT shall fully cooperate with CHS's efforts to detect, investigate, and prevent waste,
fraud, and abuse.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this MOU, or of any law or regulation to CHS or to any appropriate law
enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this contract. Penalties may be imposed for failures to implement or to make
acceptable progress on such corrective action plans.
In order to effectively enforce County Resolution No. 2013-228, CHS has adopted an escalation
policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant
funds from CHS. CHS's policy for escalation for non-compliance is as follows:
Initial non-compliance may result in Findings or Concerns being issued to the
SUBRECIPIENT, which will require a corrective action plan be submitted to CHS
within 15 days following issuance of the report.
• Any pay requests that have been submitted to CHS for payment will be held
until the corrective action plan has been submitted.
CHS will be available to provide Technical Assistance (TA) to the
SUBRECIPIENT, as needed, in order to correct the non-compliance issue.
If in the case SUBRECIPIENT fails to submit the corrective action plan in atimely
manner to CHS, CHS may require a portion of the awarded grant amount be
returned to the County.
• CHS may require upwards of five percent (5%) of the award amount be
returned to the County, at the discretion of the Board of County
Commissioners.
• The entity may be denied future consideration as set forth in Resolution No.
2013-228.
3. If in the case SUBRECIPIENT continues to fail to correct the outstanding issue or
repeats an issue that was previously corrected and has been informed by CHS of
their substantial non-compliance by certified mail; CHS may require a portion of
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the awarded grant amount or the amount of the CDBG investment for acquisition
of the properties conveyed, be returned to the County.
• CHS may require upwards of ten percent (10%) of the award amount be
returned to the County, at the discretion of the Board of County
Commissioners.
• The SUBRECIPIENT will be considered in violation of Resolution No. 2013-
228.
4. If in the case, after repeated notification, SUBRECIPIENT continues to be
substantially non-compliant, CHS may recommend the contract or award be
terminated.
• CHS will make a recommendation to the Board of County Commissioners to
immediately terminate the MOU. The SUBRECIPIENT will be required to
repay all funds disbursed by CHS for the project that was terminated. This
includes the amount invested by the County for the initial acquisition of
properties or other activities.
• SUBRECIPIENT will be considered in violation of Resolution No. 2013-228.
If in the case SUBRECIPIENT has multiple MOUS with CHS, and is found to be non-compliant,
the above sanctions may be imposed across all awards at the BCC's discretion.
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this MOU, and on the resolution of monitoring findings identified pursuant to this
MOU, as deemed necessary by the County Manager or designee.
During the term, SUBRECIPIENT shall submit quarterly progress reports to CHS 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 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 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
MOU.
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this MOU may be assigned or subcontracted without the written consent of CHS, which
consent, if given at all, shall be at CHS'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; (2) the SUBRECIPIENT does not assume the recipient's
responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) the
SUBRECIPIENT is 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 laws, regulations, and policies governing the funds provided under this MOU. The
SUBRECIPIENT further agrees to utilize funds available under this MOU to supplement rather
than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this MOU 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 MOU. CHS 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
CHS or SUBRECIPIENT may amend this MOU, at any time, provided that such amendments make
specific reference to this MOU, and are executed in writing, signed by a duly authorized
representative of each organization, and approved by CHS'S governing body. Such amendments
shall not invalidate this MOU, nor relieve or release CHS or SUBRECIPIENT from its obligations
under this MOU.
CHS may, in its discretion, amend this MOU 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
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part of this MOU, such modifications will be incorporated only by written amendment, signed by
both CHS 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 the County and HUD governing CDBG funds pertaining to this MOU. In the event of
curtailment or non -production of said federal funds, or the reduction of fonds awarded by HUD to
Collier County, to a level, determined by the County Manager, to be insufficient to adequately
administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all
or any portions of the funds will not be available. In either event, CHS may terminate this MOU,
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 CHS, nor
any individual member of the County Commissioners and/or County Administration, personally
liable for the performance of this MOU, and CHS shall be released from any further liability to
SUBRECIPIENT under the terms of this MOU.
3.6 INDEMNIFICATION (Not Applicable)
To the maximum extent permitted by Florida law; the SUBRECIPIENT shall indemnify and hold
harmless CHS, 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 MOU. 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 CHS and
shall pay all costs (including attorney's fees) and judgments which may issue there -on. This
Indemnification shalt survive the termination and/or expiration of this MOU. This section does not
pertain to any incident arising from the sole negligence of CHS. 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 MOU.
3.7 GRANTEE
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, whether printed or digitally prepared and released by the SUBRECIPIENT for, on
behalf of, and/or about the Program shall include the statement:
"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN
SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team, as well as
Equal Housing Opportunity, to the general public. Construction signs shall comply with applicable
County codes.
3.8 DEFAULTS, REMEDIES, AND TERMINATION
In accordance with 2 CFR 200.339, this MOU may also be terminated for convenience by either
CHS 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, CHS determines that the remaining portion of the award will
not accomplish the purpose for which the award was made, CHS may terminate the award in its
entirety.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this MOU:
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 MOU.
C. Ineffective or improper use of funds provided under this MOU.
D. Submission by the SUBRECIPIENT to CHS reports that are incorrect or incomplete in any
material respect.
E. Submission by the SUBRECIPIENT of any false certification.
Failure to materially comply with any terms of this MOU.
G. Failure to materially comply with the terms of any other MOU between CHS and the
SUBRECIPIENT relating to the project.
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In the event of any default by SUBRECIPIENT under this MOU, CHS may seek any combination
of one or more of the following remedies:
A. Require specific performance of the MOU, in whole or in part.
B. Require the use of, or change in, professional property management.
C. Require immediate repayment by SUBRECIPIENT to CHS of all CDBG funds that
SUBRECIPIENT has received under this MOU.
D. Apply sanctions, if determined by CHS to be applicable.
E. Stop all payments, until identified deficiencies are corrected.
F. Terminate this MOU by giving written notice to SUBRECIPIENT of such termination and
specifying the effective date of such termination. If the MOU is terminated by CHS, as
provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for
any incomplete project activities undertaken under this MOU.
3.9 REVERSION OF ASSETS
In the event of a termination of this MOU and in addition to any and all other remedies available
to CHS (whether under this MOU, or at law, or in equity), the SUBRECIPIENT shall immediately
transfer to CHS 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).
CHS's receipt of any funds on hand at the time of termination shall not waive CHS's right (nor
excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as CHS
may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as
otherwise provided at 24 CFR 570.503(b)(7).
3.10 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this MOU until all
insurance required, as outlined in Exhibit "A" and 2 CFR 200.310, has been obtained, and said
insurance shall be carried, at all times, during SUBRECIPIENT's performance under the MOU.
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, Cost Principles and
Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the
Community Development Block Grant (24 CFR 570 et seq.).
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3.12 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through
.326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing
thresholds are:
Range:
Competition Required
$0-$3,000
Single Quote with documentation
$3,000 - $50,000
3 Written Quotes
$50,000+
Formal Solicitation ITB, RFP, etc.
All improvements specified in Part I. Scope of Work shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding, under a procedure acceptable to the County
and Federal requirements. The SUBRECIPIENT shall enter into contracts for improvements with
the lowest, responsible and qualified bidder. Contract administration shall be handled by the
SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents
related to the project.
3.13 PROGRAM GENERATED INCOME
No Program Income is anticipated. In the event Program Income is derived from the use of CDBG
funds disbursed under this MOU, such Program Income shall be utilized by the SUBRECIPIENT
for CDBG-eligible activities, approved by CHS. 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 CHS through an annual program income re -use plan, utilized by
the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR
570.503(c) in the operation of the Program. When program income is generated by an activity
that is only partially assisted with CDBG funds, the income shall be prorated to reflect the
percentage of CDBG funds used. In the event there is a program income balance at the end of
the Program Year, such balance shall revert to CHS's Community Block Grant Program, for further
reallocation.
3.14 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to CHS shall not end until all closeout requirements are completed.
The SUBRECIPIENT may close out the project with CHS after the five (5) year continued use
period has been met (for public services, "after the expiration of the MOU"). The continued use
period shall commence with the later of the Subrecipient meeting the National Objective or the
recording of lien and/or deed restriction documentation.). Activities during this closeout period
shall include, but are not limited to making final payments, disposing of program assets (including
the return of all unused materials, equipment, program income balances, and receivable accounts
to CHS), and determining the custodianship of records. In addition to the records retention outlined
in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes regarding
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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 that have been advanced or paid
must be returned to CHS. Any funds paid exceeding the amount SUBRECIPIENT is entitled to
under the terms and conditions of this MOU must be refunded to CHS. SUBRECIPIENT shall also
produce records and information that complies with Section 215.97, Florida Single Audit Act.
Closeout procedures must take place in accordance with 2 CFR 200.343.
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 MOU on the basis of
race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence
of such discrimination, CHS shall have the right to terminate this MOU.
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 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 51 percent of the beneficiaries of a project funded through this MOU must be low- and
moderate- income persons or presumed to be low- to moderate- income persons based on applicable
regulation, if the MOU is meeting a national objective through a LMI strategy. If the project is
located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than
30 percent of the beneficiaries directly assisted under this MOU must reside in unincorporated
Collier County or in municipalities participating in the County's Urban County Qualification
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Program. The project shall assist beneficiaries as defined above for the time period designated in
Exhibit "C" of this MOU.
3.18 AFFIRMATIVE ACTION
The SUBRECIPIENT agrees that it shall be committed to carry out, pursuant to CHS's
specifications, an Affirmative Action Program, in keeping with the principles as provided in
President's Executive Order 11246 of September 24, 1966. CHS 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 continued use
period and must be submitted to CHS 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 MOU, and that no person having any conflict of interest
shall be employed by or subcontracted by SUBRECIPIENT. The SUBRECIPIENT covenants that
it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", 2 CFR 200.318, and
the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest.
The SUBRECIPIENT will notify CHS, in writing, and seek CHS 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. CHS may review the proposed contract to
ensure that the contractor is qualified, and the costs are reasonable. Approval of an identity of
interest contract will be in CHS's sole discretion. This provision is not intended to limit
SUBRECIPIENT's ability to self -manage the projects using its own employees.
Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its
contractors shall be disclosed, in writing, to CHS provided, however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low- and moderate -
income residents of the project target area.
3.20 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:
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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 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 INCIDENT REPORTING
If services to clients are to be provided under this MOU, the SUBRECIPIENT and any
subcontractors shall report knowledge or reasonable suspicion of abuse, neglect; or exploitation of
a child, aged person, or disabled adult to CHS.
3.22 SEVERABILITY
Should any provision of the MOU be determined to be unenforceable or invalid, such
determination shall not affect the validity or enforceability of any other section or part thereof.
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
hAps://www.ecfr. ov/cgi-bin/text-idx?tpl=/eefrbrowse/fitle24/24cfr570 main 02.1pl
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
https://www.ecfr.gov/cgi-bin/text-idx?ipl=/ecfrbrowse/Title24/24cfr58 main 02.1pl
4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended
https://portal.hud.gov/iiudportal/HUD?s[gf/program offices/fair housing equal opp/FHLaws/10
4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing
Act.
htti)://www.hud.iiovloffices/theollibrary/huddoistatement.t)dfhttt)s://www.hud.izov/urogram offic
es/fair housing_equal opp/ReasonableAccommodationsl5
Executive Order 11063 — Equal Opportunity in Housing
https://www.hud.gov/program offices/fair housing equal opp/FHLaws/EX011063
Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs
httns://www.archives. eov/federal-register/cod ification/executive-order/12259.html
24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.0
blips://www.law.comell.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 https://www.hud.gov/programdescription/title6
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.
Vis://www.gpo.pov/fdUs/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-sec570-
602Tpdf
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:
https://www.hud.gov/program offices/fair housing equal opp/FHLaws/EX011246
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
Affirmative Action employer.
https://www.hud.goy/programdescription/title6
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 MOU, shall be a condition
of the Federal financial assistance provided under this MOU and binding upon CHS, the
SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors. Failure to
fulfill these requirements shall subject CHS, the SUBRECIPIENT and any of the
SUBRECIPIENT's Subrecipients and subcontractors, their successors and assigns, to those
sanctions specified by the agreement through which Federal assistance is provided. The
SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would
prevent compliance with these requirements.
The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include
the following language in all subcontracts executed under this MOU:
"The work to be performed under this MOU 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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haps://www.hud.gov/sites/documents/DOC 12047.PDF
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
https://www.cefr.gov/cgi-bin/text-idx?c=ecfr&tpl=/Ccfrbrowseffitle24/24cfrl35 main 02.1p1
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
https://www.hudgov/program offices/fair housing equal opp/FHLaws/109
https://portal.hud. ovg /hudportaVHUD?src=/program offices/fair housing equal opp/FHLaws/E
XOl 1063
11246: https://www.dol.ovg /ofccp/regs/statutes/eol1246.htm
11375: Amended by EO 11478
11478: https://www.archives.gov/federal-register/codification/executive-order/11478.html
12107: https://www.archives.gov/federal-register/codification/executive-order/12107.html
12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
hftps://www.dol.gov/whd/regs/statutes/safe0l.pd
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K.
Section 504: hi(ps://www.epa.gov/civili-ights/sec5O4.htm
29 USC 776: https://law.onecle.com/uscode/29/776.html
24 CFR 570.614: https://www.law.comell.edu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990: https://www.hud. ovg /hudprograms/eohudap
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
https://www.f iwa.dot. ovg /real_estate/uniform_act/index.cfm
4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects, 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
https://www.law.comell.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)
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https://www.law.comell.edu/cfr/text/29/part-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally
assisted projects. https://www.presided.ucsb.edu/ws/index.php?pid=23675
4.16 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 - which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise.
https://www.archives.gov/federal-register/codification/executive-order/I 1625.html
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: https://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vol3/pdf/CFR-2010- title24-
vol3-sec570-608.pdf
E.O. 13279: hV://www.fedgovcontracts.com/pe02-96.htm
4.18 Public Law 100-430 - the Fair Housing Amendments Act of 1988.
https://www.ncbi.nlm.nih-goy/pubmed/12289709
4.19 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
https://www.ecfr.goy/cei-bin/text-idx?tpl=/ecfrbrowse/TitleO2/2cfr200_main_02.tp1
4.20 Immigration Reform and Control Act of 1986
https://www.ceoc.gov/eeoc/history/35th/thelaw/irca.httnl
4.21 Prohibition of Gifts to County Employees - No organization or individual shall offer or give, either
directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any County
employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance
No. 2004-05, as amended, and County Administrative Procedure 5311.
Florida Statutes-
https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii
Collier County-
http://www.collierizov.net/home/showdocument?id=35137
4.22 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the MOU shall take precedence over the terms of all other Contract
Documents, except the terns of any Supplemental Conditions shall take precedence over the MOU.
To the extent any conflict in the terms of the Contract Documents cannot be resolved by application
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of the Supplemental Conditions, if any, or the MOU, the conflict shall be resolved by imposing the
more strict or costly obligation under the Contract Documents upon the Contractor at Owner's
discretion.
4.23 Venue -Any suit of action brought by either party to this MOU against the other party, relating to
or arising out of this MOU, must be brought in the appropriate federal or state courts, in Collier
County, FL which courts have sole jurisdiction on all such matters. (No reference required for this
item).
4.24 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this MOU 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 CHS's
staff person who would make the presentation of any settlement reached during negotiations to the
County for approval. Failing resolution, and prior to the commencement of depositions in any
litigation between the parties arising out of this MOU, 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
MOU shall be adjudicated in Collier County, Florida, if in state court and the US District Court,
Middle District of Florida, if in federal court. BY ENTERING INTO THIS MOU, 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 MOU.
hiips://www.flsenate.izov/Laws/Statutes/2012/44.102
4.25 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. haps://www.law.cornell.edu/uscode/text/42/7401
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.law.comell.edu/uscode/text/33/chapter-26
4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 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.
https://www.law.comell.cdu/cfr/text/24/570.605
4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to the HUD Lead- Based Paint Poisoning
Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo.gov/fdsys/granule/CFR-
2000-title24-vol3/CFR-2000-title24-vol3-sec570-608-id 163
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4.28 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this MOU.
https://www.nps.gov/history/local-law/ghpal966.htm
https://www.ecfr.goy/cgi-bin/text- idx7c=ecfr&tpl=/ecfrbrowse/Title36/36cfr800_main _02.tpl
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.
https://www.nps.gov/histoM/local-law/nhpal 966.h1m
4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with
the Drug -Free Workplace Act of 1988 (41 USC 701).
hMs://www. gpo. eov/fdsys/granule/U SCODE-2009-title4l /U SCODE-2009-title4l -chap l 0-
sec701
4.30 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency, and, that the SUBRECIPIENT shall not
knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from participating in this covered transaction as outlined in 24
CFR 570.609, Subpart K.
https://www.law.comell.edu/cfr/text/24/570.609
4.31 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable
and agrees to adhere to the accounting principles and procedures required therein, utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred. These
requirements are enumerated in 2 CFR 200, et seq.
4.32 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be
submitted to CHS nine (9) months after the end of the SUBRECIPIENT's fiscal year. The
SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500. Subrecipients exempt from Single Audit requirements shall submit financial
statements to CHS one hundred eighty (180) days after the end of the SUBRECIPIENT'S fiscal
year. Per 2 CFR 200.344, if this MOU is closed out prior to the receipt of an audit report, CHS
reserves the right to recover any disallowed costs identified in an audit after such closeout.
hLtps://www.ccfr.izov/ci4i-bin/text-
idx7SID=5a78addefff9a535e83 fed3010308aef&mc=true&node=se2.1.200 1344&rgn=div8
4.33 Any real property acquired by the SUBRBCIPIENT for the purpose of carrying on the projects
stated herein, and approved by CHS 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
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provisions of CDBG including, but not limited to, the provisions on use and disposition of property.
Any real property within 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.
https://www.gpo.jzov/fdUs/s/granule/CFR-1999-title49-vol l /CFR-1999-title49-vol l-sec24-101
https://www.gpo. og v/fdsys/granule/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-505
4.34 As provided in § 287.133, Florida Statutes, by entering into this MOU or performing any work in
furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and
consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.
This notice is required by § 287.133 (3) (a), Florida Statutes.
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search String --&U
L=0200-0299/0287/Sections/0287.133.html
4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress, in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions. The undersigned shall require that the language of
this certification be included in the award documents for all sub -awards at all tiers (including
subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem
rates in effect at the time of travel.
https://www.gsa.gov/portal/content/104877
4.37 Equal access in accordance with the individual's gender identity in community planning and
development programs, per 24 CFR 5.106.
hitps://www.izovregs.com/regulations/expand/tide24 parts subpartA section5.106
4.38 Housing Counseling, including homeownership counseling or rental housing counseling, as defined
in §5.100, required under or provided in connection with any program administered by HUD shall
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be provided only by organizations and counselors certified by the Secretary under 24 CFR part214
to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111.
hftps://www.eefr.gov/cgi-bin/text-
idx?SID=e339ece9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6
https://www.law.comell.edu/efr/text/24/5.111
4.39 HUD Final Rule — Implementation of the Violence Against Women Reauthorization Act of 2013
which applies for all victims of domestic violence, dating violence, sexual assault, and stalking,
regardless of sex, gender identity, or sexual orientation, and which must be applied consistent
with all nondiscrimination and fair housing requirements.
https://www.federaire isg ter.izov/documents/2016/11/16/2016-25888/violence-against-women-
reauthorization-act-of-2013-i mplementation-in-hud-hous i ngprouams
4.40 Any rule or regulation determined to be applicable by HUD.
4.41 Florida Statutes 713.20, Part 1, Construction Liens
https://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700-
0799/0713/0713.htm1
4.42 Florida Statutes 119.021 Records Retention
hM://www.leg.state.fl.us/Statutes/index.cfm?App mode=Dis lalav Statute&URL=0100-
0199/0119/Sections/0119.021.html
4.43 Florida Statutes, 119.071, Contracts and Public Records
http://www.leg.state.fl.tis/Statutes/index.cfn?App mode=Dis lav Statute&URL=0100-
0199/0119/Sections/0119.021.htm1
(Signature Page to Follow)
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IN WITNESS WHEREOF, the SUBRECIPIENT and CHS, have each respectively, by an authorized
person or agent, hereunder set their hands and seals on the date first written above.
COMMUNITY AND HUMAN SERVICES DIVISION
(CHS)
0
KRISTI SONNTAG, DIRECTOR
Date:
COLLIER COUNTY PUBLIC SERVICES
DEPARTMENT
STEVE CARNELL, DEPARTMENT HEAD
Date:
CAPITAL PROJECT PLANNING, IMPACT FEES &
PROGRAM MANAGEMENT DIVISION
AMY PATTERSON, DIRECTOR
Date:
GROWTH MANAGEMENT DEPARTMENT
Un
THADDEUS COHEN, DEPARTMENT HEAD
Date:
Approved as to form and legality:
0
Jennifer A. Belpedio
Assistant County Attorney
Date:
Capital Project Planning, Impact Fees & Program Management Division
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PART V
EXIMITS
EXIMIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Commercial General Liability, including products and completed operations insurance, in the
amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
3. Automobile Liability Insurance 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.
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.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its
Subcontractors to provide, original certificates indicating the following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than one
hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
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
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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 hijury and Property Damage.
10. Property Insurance coverage on an "All Risk" basis, in an amount not less than one hundred (100%)
of the replacement cost of the property. Collier County must be shown as a Loss payee, with respect
to this coverage A.T.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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09
EXHIBIT B
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION L• REQUEST FOR PAYMENT
Subrecipient Name: Capital Project Planning, Impact Fees & Program Management Division
Subrecipient Address: 2685 S. Horseshoe Drive, Suite 103 Naples, Fl. 34104 _
Project Name: Naples Manor Stormwater Improvements Phase 1
Project No:
Total Payment Minus Retainage
Period of Availability: through
Payment Request #.
Period for which the Agency has incurred the indebtedness through
SECTION H: STATUS OF FUNDS
1. Grant Amount Awarded
2. Sum of Past Claims Submitted on this Account
3. Total Grant Amount Awarded Less Sum of Past Claims
Submitted on this Account
4. Amount of Today's Request
5. 10% Retainage Amount Withheld (if applicable)
6. Current Grant Balance (Initial Grant Amount Award
request) (includes Retainage)
I certify that this request for payment has been made in accordance with the terms and conditions of the
MOU between CHS and us as the SUBRECIPIENT. To the best of my Imowledge and belief, all grant
requirements have been followed.
Signature
Title
Authorizing Grant Coordinator
Supervisor
(Approval required $15,000 and above)
Capital Project Planning, Impact Fees & Program Management Division
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Naples Manor Infrastructure Improvements. Phase 1
Date
Authorizing Grant Accountant
Division Director
(Approval Required $15,000 and
above)
Page 32
�9
EXHIBIT C
QUARTERLY PERFORMANCE REPORT DATA
GENERAL -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. At COUNTY's discretion, SUBRECIPIENT may be
required to enter the information collected on this exhibit into an online grant management system.
Agency Name: Capital Project Planning Impact Fees
Date:
& Program Management Division
October
Project Title: Naples Manor Stormwater
IDIS #:
Improvements Phase 1
Pt — March 31'
Program Contact: Mindy Collier
Telephone Number: 239-252-6139
Activity
Reporting Period
Report Due Date
October
lst— December 3l't
January 10'
January
Pt — March 31'
Aril 1011
April I"—
June 30a
Jul 10'
Jul 1st—September
30"
October 10's
REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period):
12/31/19 3/31/20 6/30/20 9/30/20
Please note: The CDBG/HOME/ESG Program year begins October 1, 2019 — September 30, 2020. Each quarterly
report must include cumulative data beginning from the start of the program year October 1, 2019.
1.
Please list the outcome goal(s) from your approved application and subrecipient agreement and indicate your
progress in meeting those goals since October 1, 2019.
a.
Outcome Goals: list the outcome goal(s) from your approved application and subreci fent agreement
$
Outcome 1: Complete preliminary engineering stud
Other Consolidated Plan Funds $ HOME
Outcome 2:
Outcome 3:
b.
Goal Progress: Indicate the progress to date in meeting each outcome goal.
$ HOPWA
Outcome 1:
Outcome 2:
$
Outcome 3:
2.
Is this project still in compliance with the original project schedule: Yes No
If No, Ex lain:
3.
Since October I, 2019; of the persons assisted, how many...
Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes
a. ...now bave new access(continuing) to this service or benefit? 0
b. ...now have improved access to this service or benefit? 0
C. ...now receive a service or benefit that is no longer substandard? 0
Total 0
4.
What funding sources did the subreci ient apply for this eriod?
CD19-04
Section 108 Loan Guarantee $ CDBG
$
Page 33
Other Consolidated Plan Funds $ HOME
$
Other Federal Funds $ FSG
$
$ HOPWA
$
$ Total Entitlement Funds
$
Capital Project Planning, Impact Fees & Program Management Division
CD19-04
Naples Manor Infrastructure Improvements Phase 1
Page 33
5.
What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if
applicable? Answer question 5a or 5b; NOT both
For LMC activities: people, race/ethnicity, and income data are reported by persons.
For LMH activities: households, race/ethnicity, and income level are reported by households, regardless
the number of persons in the household.
7.
a.
Total No. Persons/Adults served 0
LMC
Total No. persons served under 18 (LMC)
0
Indicate the total number of UNDUPLICATED persons
served since October 1 who fall into each presumed
benefit category (the total should equal the total in
question #6a or 6b):
Quarter Total No, of Persons 0
Quarter Total No, of Persons
0
b
Presumed Benefit Activities OnlyLMC YTD
ELI
0 Abused Children
ELI
b
0 1 Abused Children ELI
0 Homeless Person
b.
Total No. of Households served 0
Total No. of female head of household (LMH)
0
6.
What is the total number of UNDUPLICATED clients served since October, if applicable?
Answer question 6a or 6b, NOT both
For LMC activities: race/ethnicity and income data are reported by persons.
7.
a. Total No. Persons/Adults served 0 Total No Persons served under 18 (LMC) 0
MC
YTD Total: 0 YTD Total 0
b. Total No. Households served LMH 0 Total No. female head of household (LMH) 0
YTD Total 0 YTD Total 0
8.
Complete EITHER question 7 or 8, NOT both
Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed
Benefit categories.
7.
PRESUMED BENEFICIARY DATA ONLY:
(LMC) Quarter
PRESUMED BENEFICIARY DATA ONLY
LMC YTD
Indicate the total number of UNDUPLICATED
persons served this quarter who fall into each
presumed benefit category (the total should equal the
total in question 46a or 6b):
Indicate the total number of UNDUPLICATED persons
served since October 1 who fall into each presumed
benefit category (the total should equal the total in
question #6a or 6b):
Indicate the total number of UNDUPLICATED
persons served this Quarter who fall into each
income category (the total should equal the total
uestion #6):
a
Presumed Benefit Activities Cot LMC QTR
b
Presumed Benefit Activities OnlyLMC YTD
ELI
0 Abused Children
ELI
b
0 1 Abused Children ELI
0 Homeless Person
ELI
0 Homeless Person ELI
0 Migrant Farm Workers
LI
0 Migrant Farm Workers LI
0 Battered Spouses
LI
0 Battered Spouses LI
0 Persons w/HIV/AIDS
LI
0 Persons w/HIV/AIDS LI
0 Elderly Persons
LI or MOD
0 Elderly Persons LI or MOD
0 Illiterate Adults
LI
0 Illiterate Adults LI
0 Severely Disabled
Adults
LI
0 Severely Disabled Adults LI
0 Quarter Total
0 YTD Total
8.
Complete question 8a and 8b if any client in your program
does not fall into a Presumed Benefit category.
Other Beneficiary Data: Income Range
Other Beneficial Data: Income Range
Indicate the total number of UNDUPLICATED
persons served this Quarter who fall into each
income category (the total should equal the total
uestion #6):
in
Indicate the total number of UNDUPLICATED persons
served since October I (YTD) who fall into each income
category (the total should equal the total in question #6):
a
ELI
Extremely Low Income (0-30%)
0
b
ELI
Extremely Low Income (0-30"/0)
0
LI
Low Income (31-50%)
0
LI
Low Income
0
MOD
Moderate Income (51-80%)
0
MOD
Moderate Income (51-800/.)
0
NON-
LIM
Above Moderate Income (>80°/v)
0
NON-
Lim
Above Moderate Income (>80%)
0
Quarter Total
0
YTD Total
0
Capital Project Planning, Impact Fees & Program Management Division
CD19-04
Naples Manor Infrastructure Improvements Phase 1 Page 34
�9
L9.
Racial & Ethnic Data if applicable)
Please indicate how many UNDUPLICATED
clients served this Quarter 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 in question 6.question
Please indicate how many UNDUPLICATED clients
served since October (YTD) 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 in
6.
a. RACE ETHNICITY
/HISPANIC
b. RACE ETHNICITY
/HISPANIC
White 0 0
White 0 0
Black/African American 0 0
Black/African American 0 0
Asian 0 0
Asian 0 0
American Indian/Alaska Native 0 0
American Indian/Alaska Native 0 0
Native Hawaiian/Other Pacific Islander 0 0
Native Hawaiian/Other Pacific Islander 0 0
Black/African American & White 0 0
Black/African American & White 0 0
American Indian/Alaska Native & 0 0
Black/African American
American Indian/Alaska Native & 0 0
Black/African American
Other Multi -racial 0 0
Other Multi -racial 0 0
0 0
0 0
Name:
Signature:
Title:
Your typed name here represents your electronic signature
Capital Project Planning, Impact Fees & Program Management Division
CD19-04
Naples Manor Infrastructure Improvements Phase 1 Page 35
�9
O
EXHIBIT D
INCOME CERTIFICATION
INSTRUCTIONS
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
0.00
B. Assets: All Household Members, Including Minors
Member Asset Description
Cash Value Income
from Assets
1
2
3
4
5
6
7
8
0.00
Total Cash Value of Assets B(a)
0.00
Total Income from Assets B(b) 0.00
If line B(a) is greater than $5,000, multiply that amount by the rate specified
by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave
blank. B(c)
Capital Project Planning, Impact Fees & Program Management Division
CD19-04
Naples Manor Infrastructure Improvements Phase 1
Page 36
G
A. 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
1
greater of
2
box B(b) or
3
box B(c),
in
above,
4
box C(e)
5
below)
6
7
8
Totals (a) (b)
(c)
(d)
(e)
0.00 0.00
0.00
0.00
Enter total of items C(a) through C(c).
0.00
This amount is the Annual Anticipated Household Income.
B. Recipient Statement: The information on this form is to be used to determine maximum
income for eligibility. Uwe have provided, for each person set forth in Item A, acceptable
verification of current and anticipated annual income. Uwe certify that the statements are true
and complete to the best of my/our knowledge and belief and are given under penalty of perjury.
WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations
concerning income and assets or liabilities relating to financial condition is a misdemeanor of the
first degree and is punishable by fines and imprisonment provided under S. 775.082 and 775.083.
Signature of Head of Household
Date
Signature of Spouse or Co -Head of Household Date
Adult Household Member (if applicable)
Adult Household Member (if applicable)
Capital Project Planning, Impact Fees & Program Management Division
CD19-04
Naples Manor Infrastructure Improvements Phase 1
Date
Date
Page 37
G
A. 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) constitme(s) a:
❑ Extremely Low Income (ELI) Household means and individual or family whose annual income
does not exceed 30/50t1i of the Very Low Income (60 percent of VLI) 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 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 Ms/Her Designated Representative:
Signature
Printed Name
B. Household Data
Date
Title
Number of Persons
By Race I Ethnicity B 1 Age
CD19-04
Naples Manor Infrastructure Improvements Phase 1
Page 38
"9
Native
American
Hawaiian or
0 25
26110
41-61
62+
Indian
Asian
Black
Other Pac.
White
Other
Islander
Hispanic
Non -
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.
Capital Project Planning, Impact Fees & Program Management Division
CD19-04
Naples Manor Infrastructure Improvements Phase 1
Page 38
"9
EXIMIT E
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if
subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires
that all appropriate documentation is provided regarding your organization's compliance. In determining Federal
awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the
activity related to the Federal award occurs, including any Federal award provided by Collier County. The
determination of amounts of Federal awards expended shall be in accordance with the guidelines established by
established by 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single
Audit Act Statute 215.97 requirements.
Subrecipient
Name
First Date of Fiscal Year MM/DD/YY
Last Date of Fiscal Year MM/DD/YY
Total Federal Financial Assistance Expended
Total State Financial Assistance Expended during
during most recently completed Fiscal Year
most recently completed Fiscal Year
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has
been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed
or will be completed by . Copies of the audit report and management letter
are attached or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑
❑ Are a for-profit organization
❑ Are exempt for other reasons — explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit report. While we
El
understand that the audit report contains a written response to the finding(s), we are
requesting an updated status of the corrective action(s) being taken. Please do not provide
just a copy of the written response from your audit report, unless it includes details of the
actions, procedures, policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature
Date
Print Name and Title
Capital Project Planning, Impact Fees & Program Management Division
CD19-04
Naples Manor Infrastructure Improvements Phase 1
06/18
Page 39
FAIN #
B -19 -UC -12-0016
Federal Award Date
Est. 10/2019
Federal Award Agency
HUD
CFDA Name
Community
Development Block
Grant
CFDA/CSFA#
14.218
Total Amount of Federal
Funds Awarded
$90,000
Subrecipient Name
Collier County Facilities
and Management
Division
DUNS#
076997790
FEIN
99-9999999
R&D
No
Indirect Cost Rate
No
Period of Performance
10/01/2019-12/31/2020
Fiscal Year End
09/30
Monitor End:
12/2025
MEMORANDUM OF UNDERSTANDING (MOP
BETWEEN
COMMUNITY AND HUMAN SERVICES (CHS)DIVISION
AND THE
COLLIER COUNTY FACILITIES AND MANAGEMENT DIVISION
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this day of
20, by and between Community and Human Services (CHS) Division and Facilities and Management
Division, both divisions of Collier County, a political subdivision of the State of Florida.
WHEREAS, throughout this MOU all references of the term "SUBRECIPIENT" shall be Facilities
and Management Division; and
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 2019-2020 for the CDBG Program with
Resolution 2019- on June 25, 2019 — Agenda Item ; and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans, the County advertised the 2019/2020 Annual
Action Plan, on May 24, 2019, with a 30 -day Citizen Comment period from May 24, 2019 to June 25,
2019; and
Collier County Facilities and Management
C014 10
Facility Improvements Page 1
WHEREAS, the SUBRECIPIENT has submitted a proposal for participation in the Collier County
CDBG program; and
WHEREAS, CHS and SUBRECIPIENT wish to set forth the responsibilities and obligations of
each in the undertaking the CDBG CD19-10 Facility Improvements.
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
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 provided herein and, as determined by Collier County
Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as
follows:
Project Name: Facility Improvements
Description of project and outcome:
CHS, as administrator of the CDBG program, will make available CDBG funds up to the gross
amount of $90,000.00 to Facilities Management to fund: Improvements to the Golden Gate Senior
Center, located in Golden Gate City in Naples with the following; Costs associated with, but not
limited to; Installation of additional office spaces, and retrofitting an existing one; updating the
current Fire Suppression and Fire Alarm System; however,
The project will be defined in the project plans, specification and schedule of values.
1.1 GRANT AND SPECIAL
A. Within sixty (60) calendar days of the execution of this MOU, the SUBRECIPIENT must
deliver to CHS for approval a detailed project schedule for the completion of the project,
excluding Public Service projects.
B. The following resolutions and policies must be submitted within sixty (60) days of this
MOU:
❑ Affirmative Fair Housing Policy
® Affirmative Action/ Equal Opportunity Policy
Conflict of Interest Policy
® Procurement Policy
❑ Uniform Relocation Act Policy
Collier County Facilities and Management
CD19-10
Facility Improvements Page 2
® Sexual Harassment Policy
® Procedure for meeting the requirements set forth in Section 3 of the Housing and
Urban Development Act of 1968, as amended (12U.S.C. 794 1 u)
® Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
® Fraud Policy
C. Environmental Review Requirement (ERR) - No program costs can be incurred until an
environmental review of the proposed project is completed and approved. Further, the
SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance
of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the
denial of any reimbursement of funds under this MOU.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Description
Federal Amount
Project Component 1: CHS, as administrator of the CDBG program, will make
$90,000
available CDBG funds up to the gross amount of $90,000.00 to Facilities
Management to fund: Improvements to the Golden Gate Senior Center, located in
Golden Gate City in Naples with the following: Costs associated with, but not limited
to; Installation of additional office spaces, and retrofitting an existing one; updating
the current Fire Suppression and Fire Alarm System; however,
The project will be defined in the project plans, specification and schedule of values
Total Federal Funds:
$90,000
The Subrecipient will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
® Maintain and provide to CHS, as requested, beneficiary income certification
documentation
® Maintain and provide National Objective Documentation
® Provide Quarterly Reports on National Objective and project progress
® Required attendance by a representative from executive management at scheduled
partnership meetings, as requested by CHS.
® Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation.
® Identify Lead Project Manager
® Provide Site Design and Specifications
® Comply with Davis Bacon Labor Standards
® Comply with Section 3 and maintain documentation
® Provide certified payroll weekly throughout construction and rehabilitation
Collier County Facilities and Management
CD19-10
Facility Improvements Page 3
❑ Comply with Uniform Relocation Act (URA), if necessary
❑ Ensure applicable numbers of units are Section 504/ADA accessible
® Ensure the applicable affordability period for the project is met
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:
®
LMA
— Low/Mod Area Benefit
❑
LMC
— Low/Mod Clientele Benefit
❑
LMH—Low/Mod
Housing Benefit
❑
LMJ—Low/Mod
Job Benefit
LMA: Must document where at least 51 percent of the residents are LMI persons based on
HUD determined eligible census tracts. Failure to achieve the national objective under this MOU
will require repayment of the CDBG investment under this MOU.
LMC: Must document that at least 51 percent of persons served, are low to moderate
income persons or households, in order to meet a CDBG National Objective. Failure to achieve the
national objective under this MOU will require repayment of the CDBG investment under this
MOU.
LMH: Must document providing or improving permanent residential structures, which
upon completion will be occupied by LMI households. Structures with three or more units must
have at least 51 percent occupied by LMI households and structures with less than three units must
be occupied by 100 percent LMI households. Failure to achieve the national objective under this
MOU will require repayment of the CDBG investment under this MOU.
LMJ: Must document job creation and retention. The LMI benefit national objective
addresses activities designed to create or retain permanent jobs, at least 51 percent of which
(computed on a full-time equivalent basis) will be made available to or held by LMI persons.
Failure to achieve the national objective under this MOU will require repayment of the CDBG
investment under this MOU.
C. Performance Deliverables
Program Deliverable
Deliverable Supporting
Submission Schedule
Documentation
Special Grant Condition Policies
Policies as stated in this MOU
Within sixty (60) days of MOU
(Section 1.1)
execution
Insurance
Insurance Certificate
Within 30 days of MOU
execution and Annually within
thirty 30 da s of renewal
Detailed Project Schedule
Project Schedule
Within sixty (60) days of MOU
execution
Project Plans and Specifications
Site Plans and Specifications
Prior to procurement
Collier County Facilities and Management
CD19-10
Facility Improvements Page 4
Subcontractor Log
Subcontractor Log
Initially at construction start,
Project Component 1: CHS, as
Submission of supporting documents
and uarterl thereafter
Submission of Progress Report
Exhibit C
Quarterly within 10 days
program, will make available
by, invoice, canceled checks or banking
following the end of the quarter.
CDBG funds up to the gross
documents, completed AIA 6702-1992
Final report due 60 days after
amount of $90,000.00 to Facilities
form, or equivalent document per
agreement ends
Section 3 Report
Quarterly report of new hire
Quarterly; within 10 days
Improvements to the Golden Gate
information
following the end of the quarter.
Senior Center, located in Golden
additional documents as needed.
Annually after closeout.
Davis -Bacon Act Certified
Weekly Certified Payroll
Within 21 days of receipt
Payroll
reports, forms and supporting
but not limited to; Installation of
documentation
Financial and Compliance Audit
Audit, Management Letter and
Nine (9) months after FY end
retrofitting an existing one;
Exhibit E
for Single Audit OR one
updating the current Fire
hundred eighty (180) days after
Suppression and Fire Alarm
The remaining 10% of the award or
FY end
Continued Use Certification
Continued Use Affidavit, if
Annually; for five (5) years after
The project will be defined in the
applicable
meeting the National Objective
Revenue Plan for maintenance
Plan approved by CHS
Initial Plan due after completion
and Capital Reserve
For clarity, the County will not withhold
of construction. Annually;
10% on each payment, rather, the last
through the period of continued
use
Program Income Reuse Plan
Plan Approved by CHS
N/A
D. Payment Deliverables
Payment Deliverable
Payment Supporting Documentation
Submission Schedule
Project Component 1: CHS, as
Submission of supporting documents
Submission of
administrator of the CDBG
must be provided as backup as evidenced
monthly invoices.
program, will make available
by, invoice, canceled checks or banking
CDBG funds up to the gross
documents, completed AIA 6702-1992
amount of $90,000.00 to Facilities
form, or equivalent document per
Management to fund:
Improvements to the Golden Gate
contractor's Schedule of Values and any
Senior Center, located in Golden
additional documents as needed.
Gate City in Naples with the
following: Costs associated with,
The County will pay up to 90% of the
but not limited to; Installation of
total grant award or project costs
additional office spaces, and
whichever is lower upon proof of proper
retrofitting an existing one;
payment.
updating the current Fire
Suppression and Fire Alarm
The remaining 10% of the award or
Following close out
System; however,
project costs will be released upon final
monitoring
The project will be defined in the
monitoring clearance and meeting a
project plans, specification and
National Objective
schedule of values
For clarity, the County will not withhold
10% on each payment, rather, the last
Collier County Facilities and Management
CD19-10 9
Facility Improvements Page 5
10% will only be paid as previously
specified
Final 10 percent of award amount will be paid upon completion of final monitoring clearance and
documentation of meeting the National Objective. Failure by the subrecipient to achieve the National
Objective will require repayment of the CDBG investment under this MOU.
1.3 PERIOD OF PERFORMANCE
Services of the Subrecipient shall start on October 1, 2019 and shall end on December 31, 2020.
1.4 MOU AMOUNT
CHS agrees to make available (Ninety Thousand) Dollars ($90,000.00) for use by the
SUBRECIPIENT, during the term of the MOU (hereinafter, shall be referred to as the "Funds").
Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund
shifts among line items shall not be more than 10 percent of the total funding amount and does not
signify a change in scope. Fund shifts that exceed 10 percent of the MOU amount shall only be
made with Board approval.
The County shall reimburse the SUBRECIPIENT for the performance of this MOU upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible
costs, and all disbursement requests must be limited to the amount needed at the time of the
request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations
incurred during the tern of this MOU. Invoices for work performed are required every month. 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 may be required if two
consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT,
when requested, as work progresses but, not more frequently than once per month. Reimbursement
will not occur if Subrecipient fails to perform the minimum level of service required by this MOU.
Final invoices are due no later than 90 days after the end of the MOU. Work performed during the
term of the program but not invoiced within 90 days after the end of the MOU may not be processed
without written authorization from the Grant Coordinator.
The County Manager or designee may extend the term of this MOU for a period of up to 180 days
after the end of the MOU. Extensions must be authorized, in writing, by formal letter to the
SUBRECIPIENT.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requirements. Except where disputed for noncompliance,
Collier County Facilities and Management
CD19-10
Facility Improvements Page
payment will be made upon receipt of a properly completed invoice and in compliance with
§218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act."
1.5 COST PRINCIPLES
Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost
allowability found at 2 CFR 200 Subpart E -Cost Principles. For the purposes of this section
(Section 1.5 -Cost Principles) of this MOU, SUBRECIPIENT is defined as a described in 2 CFR
200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under this
Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed
specifically to the projects referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT
must provide adequate documentation for validating costs incurred. Payments to
SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the
procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by
the SUBRECIPIENTS and Contractors shall comply with 2 CFR Subpart E -Cost Principles. A
Developer is not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart
E and may impose requirements upon the Developer, in order for the COUNTY to remain
compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal
controls and maintain necessary source documentation for all costs incurred and adhere to any other
accounting requirements included in this MOU.
1.6 NOTICES
Notices required by this MOU 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 MOU shall be addressed to the individuals in the
capacities indicated below, unless otherwise modified by subsequent written notice.
CHS ATTENTION: Rose Munoz, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: Rosa.Munozna colliercountyfl.Iz
Telephone: (239) 252-5713
SUBRECIPIENT ATTENTION Miguel Carballo, Facilities Manager
John McCormick, Principal Engineer
3335 Tamiami Trail East
Naples, Florida 34112
Email: Miguel.Carballo@colliercountyG.gov
colliercountvfl.eov
John.McCorinick@CollierCountyfl.gov
Telephone: (239) 252-8380/8247
Collier County Facilities and Management
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PART H
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
At any time during normal business hours and as often as CHS (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 MOU for review, inspection or audit.
Any deficiencies noted in audit reports must be fully cleared by the 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.
The determination of amounts of Federal awards expended shall be in accordance with guidelines
established by 2 CFR Part 200, Subpart F -Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to
determine compliance with the requirements of this MOU, the CDBG Program, and all other
applicable laws and regulations. This documentation shall include, but is not 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 CHS 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 this
MOU shall be made available to CHS, by the SUBRECIPIENT, at any time, upon request
by CHS. Materials identified in the previous sentence shall be in accordance with generally
accepted accounting principles (GAAP), procedures and practices, which sufficiently and
properly reflect all revenues and expenditures of funds provided directly or indirectly by
this MOU, 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 MOU.
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D. Upon completion of all work contemplated under this MOU, copies of all documents and
records relating to this MOU shall be surrendered to CHS, if requested. In any event,
SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily
accessible, permanent, and secured location for five (5) years after the date of submission
of the annual performance and evaluation report, as prescribed in 2 CFR 200.333, with
the following exception: if any litigation, claim, or audit is started before the expiration
date of the five (5) year period, the records will be maintained until all litigation, claim, or
audit findings involving these records are resolved. CHS shall be informed, in writing, if
an agency ceases to exist after closeout of this MOU of the address where the records are
to be kept, as outlined in 2 CFR 200.336. The SUBRECIPIENT shall meet all requirements
for retaining public records and transfer, at no cost to CHS, 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 CHS in a format that
is compatible with the information technology systems of CHS.
IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 1199 FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT 239-252-68329
Michael.Cox6i�colliercountyfl.gov, 3299 Tamiami Trail E, Naples
FL 34112.
E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of
1931, 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. SUBRECIPIENT will be responsible for the creation and maintenance of income eligible
files on clients served and documentation that all households are eligible under HUD
Income Guidelines. The SUBRECIPIENT agrees that CHS shall be the final arbiter on the
SUBRECIPIENT's compliance.
G. SUBRECIPIENT shall document how the National Objective(s), as defined in 24 CFR
570.208 and the eligibility requirement(s) under which funding has been received, have
been met. These also include special requirements, such as necessary and appropriate
determinations, as defined in 24 CFR 570.208, 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 terms
and conditions that CHS would provide the records and at a cost that does not exceed the
cost provided in Chapter 119, Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized
by 2 CFR 200.336 and 2 CFR 200.337.
2.3 MONITORING
During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to
CHS no later than nine (9) months after the Single Audit (or one hundred eighty (180) days for
Subrecipients exempt from Single Audit), after the SUBRECIPIENT'S fiscal year end. CHS will
conduct an annual financial and programmatic review.
SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring
visit and evaluation activities, as determined necessary. At CHS's discretion, a desk top review of
the activities may be conducted in lieu of an on-site visit. The continuation of this MOU is
dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS,
submit information and status reports required by CHS or HUD to enable CHS to evaluate said
progress and to allow for completion of reports required. The SUBRECIPIENT shall allow CHS
or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled,
as determined by CHS or HUD.
CHS will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud, waste,
abuse, or non-performance, based on goals and performance standards, as stated, with all other
applicable laws, regulations, and policies governing the funds provided under this MOU further
defined by 2 CFR 200.331. Substandard performance, as determined by CHS, will constitute
noncompliance with this MOU. If corrective action is not taken by the SUBRECIPIENT within a
reasonable period of time after being notified by CHS, contract suspension or termination
procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector
General, the General Accounting Office, CHS, or the County's internal auditors) access to all
records related to performance of activities in this MOU.
2.4 PREVENTION OF FRAUD AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient
to prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this MOU
and to provide for the proper and effective management of all Program and Fiscal activities of the
MOU. SUBRECIPIENT's internal control systems and all transactions and other significant events
shall be clearly documented, and the documentation shall be readily available for monitoring by
CHS.
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SUBRECIPIENT shall provide CHS with complete access to all of its records, employees, and
agents for the purpose of monitoring or investigating the performance of the MOU.
SUBRECIPIENT shall fully cooperate with CHS's efforts to detect, investigate, and prevent waste,
fraud, and abuse.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this MOU, or of any law or regulation to CHS or to any appropriate law
enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this contract. Penalties may be imposed for failures to implement or to make
acceptable progress on such corrective action plans.
In order to effectively enforce County Resolution No. 2013-228, CHS has adopted an escalation
policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant
funds from CHS. CHS's policy for escalation for non-compliance is as follows:
Initial non-compliance may result in Findings or Concerns being issued to the
SUBRECIPIENT, which will require a corrective action plan be submitted to CHS
within 15 days following issuance of the report.
• Any pay requests that have been submitted to CHS for payment will be held
until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to the
SUBRECIPIENT, as needed, in order to correct the non-compliance issue.
2. If in the case SUBRECIPIENT fails to submitthe corrective action plan in a timely
manner to CHS, CHS may require a portion of the awarded grant amount be
returned to the County.
CHS may require upwards of five percent (5%) of the award amount be
returned to the County, at the discretion of the Board of County
Commissioners.
The entity may be denied future consideration as set forth in Resolution No.
2013-228.
If in the case SUBRECIPIENT continues to fail to correct the outstanding issue or
repeats an issue that was previously corrected and has been informed by CHS of
their substantial non-compliance by certified mail; CHS may require a portion of
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U
the awarded grant amount or the amount of the CDBG investment for acquisition
of the properties conveyed, be returned to the County.
• CHS may require upwards of ten percent (10%) of the award amount be
returned to the County, at the discretion of the Board of County
Commissioners.
• The SUBRECIPIENT will be considered in violation of Resolution No. 2013-
228.
4. If in the case, after repeated notification, SUBRECIPIENT continues to be
substantially non-compliant, CHS may recommend the contract or award be
terminated.
• CHS will make a recommendation to the Board of County Commissioners to
immediately terminate the MOU. The SUBRECIPIENT will be required to
repay all funds disbursed by CHS for the project that was terminated. This
includes the amount invested by the County for the initial acquisition of
properties or other activities.
• SUBRECIPIENT will be considered in violation of Resolution No. 2013-228.
If in the case SUBRECIPIENT has multiple MOUS with CHS, and is found to be non-compliant,
the above sanctions may be imposed across all awards at the BCC's discretion.
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this MOU, and on the resolution of monitoring findings identified pursuant to this
MOU, as deemed necessary by the County Manager or designee.
During the term, SUBRECIPIENT shall submit quarterly progress reports to CHS 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 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 repotting requirements may be required by the County Manager or designee,
in the event of Program changes; the need for additional information or documentation arises;
and/or legislative amendments are enacted. Reports and/or requested documentation not received
by the due date shall be considered delinquent and may be cause for default and termination of this
MOU.
Collier County Facilities and Management
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this MOU may be assigned or subcontracted without the written consent of CHS, which
consent, if given at all, shall be at CHS'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; (2) the SUBRECIPIENT does not assume the recipient's
responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) the
SUBRECIPIENT is 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 laws, regulations, and policies governing the funds provided under this MOU. The
SUBRECIPIENT further agrees to utilize funds available under this MOU to supplement rather
than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this MOU 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 MOU. CHS 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
CHS or SUBRECIPIENT may amend this MOU, at any time, provided that such amendments make
specific reference to this MOU, and are executed in writing, signed by a duly authorized
representative of each organization, and approved by CHS'S governing body. Such amendments
shall not invalidate this MOU, nor relieve or release CHS or SUBRECIPIENT from its obligations
under this MOU.
CHS may, in its discretion, amend this MOU 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
Collier County Facilities and Management
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part of this MOU, such modifications will be incorporated only by written amendment, signed by
both CHS 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 the County and HUD governing CDBG finds pertaining to this MOU. In the event of
curtailment or non -production of said federal funds, or the reduction of funds awarded by HUD to
Collier County, to a level, determined by the County Manager, to be insufficient to adequately
administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all
or any portions of the fiords will not be available, In either event, CHS may terminate this MOU,
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 CHS, nor
any individual member of the County Commissioners and/or County Administration, personally
liable for the performance of this MOU, and CHS shall be released fi•om any further liability to
SUBRECIPIENT under the tuns of this MOU.
3.6 INDEMNIFICATION -NOT APPLICABLE
To the maximum extent permitted by Florida law, the SUBRECRIENT shall indemnify and hold
harmless CHS, its officers, agents, and employees from any and all claims, liabilities, damages,
losses, costs, and causes ofaction 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 MOU. This indemnification obligation shall not be construed to negate,
abridge, or reduce any otherrights or remedies, which otherwise may be availableto 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 CHS and
shall pay all costs (including attorney's fees) and judgments which may issue there -on. This
Indemnification shall survive the termination and/or expiration of this MOU. This section does not
pertain to any incident arising from the sole negligence of CHS. 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 MOU.
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
Collier County Facilities and Management
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part of this MOU, such modifications will be incorporated only by written amendment, signed by
both CHS and SUBRECfPIENT.
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 the County and HUD governing CDBG funds pertaining to this MOU. In the event of
curtailment or non -production of said federal funds, or the reduction of funds awarded by HUD to
Collier County, to a level, determined by the County Manager, to be insufficient to adequately
administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all
or any portions of the funds will not be available. In either event, CHS may terminate this MOU,
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 CHS, nor
any individual member of the County Commissioners and/or County Administration, personally
liable for the performance of this MOU, and CHS shall be released from any further liability to
SUBRECIPIENT under the terms of this MOU.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless CHS, 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 MOU. 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
parry 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 CHS and
shall pay all costs (including attorney's fees) and judgments which may issue there -on. This
hidemnificafion shall survive the termination and/or expiration of this MOU. This section does not
pertain to any incident arising from the sole negligence of CHS. 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 MOU.
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, whether printed or digitally prepared and released by the SUBRECIPIENT for, on
behalf of, and/or about the Program shall include the statement:
"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN
SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team, as well as
Equal Housing Opportunity, to the general public. Construction signs shall comply with applicable
County codes.
3.8 DEFAULTS, REMEDIES, AND TERMINATION
In accordance with 2 CFR 200.339, this MOU may also be terminated for convenience by either
CHS 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, CHS determines that the remaining portion of the award will
not accomplish the purpose for which the award was made, CHS may terminate the award in its
entirety.
The following actions or inactions by SUBRECIPIENT shalt constitute a Default under this MOU:
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 MOU.
C. Ineffective or improper use of funds provided under this MOU.
D. Submission by the SUBRECIPIENT to CHS 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 MOU.
G. Failure to materially comply with the terms of any other MOU between CHS and the
SUBRECIPIENT relating to the project.
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In the event of any default by SUBRECIPIENT under this MOU, CHS may seek any combination
of one or more of the following remedies:
A. Require specific performance of the MOU, in whole or in part.
B. Require the use of, or change in, professional property management.
C. Require immediate repayment by SUBRECIPIENT to CHS of all CDBG funds that
SUBRECIPIENT has received under this MOU.
D. Apply sanctions, if determined by CHS to be applicable.
E. Stop all payments, until identified deficiencies are corrected.
F. Terminate this MOU by giving written notice to SUBRECIPIENT of such termination and
specifying the effective date of such termination. If the MOU is terminated by CHS, as
provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for
any incomplete project activities undertaken under this MOU.
3.9 REVERSION OF ASSETS
In the event of a termination of this MOU and in addition to any and all other remedies available
to CHS (whether under this MOU, or at law, or in equity), the SUBRECIPIENT shall immediately
transfer to CHS 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).
CHS's receipt of any funds on hand at the time of termination shall not waive CHS's right (nor
excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as CHS
may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as
otherwise provided at 24 CFR 570.503(b)(7).
3.10 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this MOU until all
insurance required, as outlined in Exhibit "A" and 2 CFR 200.310, has been obtained, and said
insurance shall be carried, at all times, during SUBRECIPIENT's performance under the MOU.
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, Cost Principles and
Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the
Community Development Block Grant (24 CFR 570 et seq.).
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3.12 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through
.326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing
thresholds are:
Range:
Competition Required
$0-$3,000
Single Quote with documentation
$3,000 - $50,000
3 Written Quotes
$50,000+
Formal Solicitation (ITB, RFP, etc.)
All improvements specified in Part I. Scope of Work shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding, under a procedure acceptable to the County
and Federal requirements. The SUBRECIPIENT shall enter into contracts for improvements with
the lowest, responsible and qualified bidder. Contract administration shall be handled by the
SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents
related to the project.
3.13 PROGRAM GENERATED INCOME
No Program Income is anticipated. In the event Program Income is derived from the use of CDBG
funds disbursed under this MOU, such Program Income shall be utilized by the SUBRECIPIENT
for CDBG-eligible activities, approved by CHS. 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 CHS through an annual program income re -use plan, utilized by
the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR
570.503(c) in the operation of the Program. When program income is generated by an activity
that is only partially assisted with CDBG funds, the income shall be prorated to reflect the
percentage of CDBG funds used. In the event there is a program income balance at the end of
the Program Year, such balance shall revertto CHS's Community Block Grant Program, for further
reallocation.
Public Facilities and Improvements: Public facilities that are acquired, constructed, rehabilitated,
or otherwise improved with CDBG funds are subject to this requirement. This includes parks,
libraries, community centers, and any other facility whose primary purpose is a public one. For
these facilities, program income is the income generated by the use of the facility, less the operating
costs associated with generating the income. CHS considers utilities, property insurance, and
facility maintenance to be operating costs that should be subtracted from revenue to determine net
program income. For each funded project, the SUBRECIPIENT must submit for CHS's approval
a list of proposed costs incidental to the generation of the program income.
Additionally, real property under the SUBRECIPIENT'S control that was acquired or improved,
in whole or in part, with CDBG funds shall be used to meet one of the CDBG National Objectives
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pursuant to 24 CFR 570.208, during the continued use period, as referenced in section 3.14 (Grant
Closeout Procedures) of this MOU. If the SUBRECIPIENT sells, transfer, disposes of, or otherwise
fails to continue to use the CDBG-assisted real property in a manner that meets a CDBG National
Objective, the SUBRECIPIENT shall pay CHS an amount equal to a percentage of the current fair
market value of the property, after subtracting disposal costs. Such percentage shall have as its
basis, the percentage of the appraised value attributable to CDBG and non-CDBG funds expended
for the original acquisition of, or improvement to, the property under the terms of this MOU. Such
payment shall constitute program income to CHS.
3.14 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to CHS shall not end until all closeout requirements are completed.
The SUBRECIPIENT may close out the project with CHS after the five (5) year continued use
period has been met (for public services; "after the expiration of the MOU"). The continued use
period shall commence with the later of the Subrecipient meeting the National Objective or the
recording of lien and/or deed restriction documentation). Activities during this closeout period shall
include, but are not limited to making final payments, disposing of program assets (including the
return of all unused materials, equipment, program income balances, and receivable accounts to
CHS), and determining the custodianship of records. In addition to the records retention outlined
in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes regarding
records maintenance, preservation, and retention. A conflict between state and federal 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 that have been advanced or paid
must be returned to CHS. Any funds paid exceeding the amount SUBRECIPIENT is entitled to
under the terms and conditions of this MOU must be refunded to CHS. SUBRECIPIENT shall also
produce records and information that complies with Section 215.97, Florida Single Audit Act.
Closeout procedures must take place in accordance with 2 CFR 200.343.
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 MOU on the basis of
race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence
of such discrimination, CHS shall have the right to terminate this MOU.
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 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 51 percent of the beneficiaries of a project funded through this MOU must be low- and
moderate- income persons or presumed to be low- to moderate- income persons based on applicable
regulation, if the MOU is meeting a national objective through a LMI strategy. If the project is
located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than
30 percent of the beneficiaries directly assisted under this MOU 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 MOU.
3.15 AFFIRMATIVE ACTION
The SUBRECIPIENT agrees that it shall be committed to carry out, pursuant to CHS's
specifications, an Affirmative Action Program, in keeping with the principles as provided in
President's Executive Order 11246 of September 24, 1966. CHS 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 continued use
period and must be submitted to CHS 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 MOU, and that no person having any conflict of interest
shall be employed by or subcontracted by SUBRECIPIENT. The SUBRECIPIENT covenants that
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it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", 2 CFR 200.318, and
the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest.
The SUBRECIPIENT will notify CHS, in writing, and seek CHS 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. CHS may review the proposed contract to
ensure that the contractor is qualified, and the costs are reasonable. Approval of an identity of
interest contract will be in CHS's sole discretion. This provision is not intended to limit
SUBRECIPIENT's ability to self -manage the projects using its own employees.
Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its
contractors shall be disclosed, in writing, to CHS provided, however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low- and moderate -
income residents of the project target area.
3.20 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 cany out its mission, including the definition, practice, and expression of its
religious beliefs, provided 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.
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3.21 INCIDENT REPORTING
If services to clients are to be provided under this MOU, the SUBRECIPIENT and any
subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of
a child, aged person, or disabled adult to CHS.
3.22 SEVERABILITY
Should any provision of the MOU 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
https•//www ecfr gov/cgi-bin/text-idxvtRl=/ecfrbrowse/Title24/24efr570 main 02.tp1
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
https•//www ecfr gov/cizi-bin/text-idx?tpl=/ecfrbrowse/Title24/24cfr58 main 02.1pl
4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended
https•//portal hud gov/hudportaUHUD?src--/program offices/fair housing equal opp/FHLaws/10
9
4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing
Act.
http //www hud gov/offices/fheo/library/huddoistatement pdfhttpsUwww.hud.gov/program offic
es/fair housing equal opp/ReasonableAccommodationsl5
Executive Order 11063—Equal Opportunity in Housing
hLtps://www.bud.gov/program offices/fair housing equal opp/FHLaws/EX011063
Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs
https•//www archives gov/federal-register/codification/executive-order/12259.htmi
24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O.
IMs://www.law.comell.edu/cfr/text/24/Xart-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 https://www.hud.g,ov/prop,ramdescription/title6
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.
https•//www gpo gov/fdVs/pkg/CFR-2007-title24-vol3/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:
hns://www.hud.gov/prouam offices/fair housing equal opp/FHLaws/EX011246
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
Affirmative Action employer.
https://www.hud.gov/programdescription/title6
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 ofthis MOU, shall be a condition
of the Federal financial assistance provided under this MOU and binding upon CHS, the
SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors. Failure to
fulfill these requirements shall subject CHS, the SUBRECIPIENT and any of the
SUBRECIPIENT's Subrecipients and subcontractors, their successors and assigns, to those
sanctions specified by the agreement through which Federal assistance is provided. The
SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would
prevent compliance with these requirements.
The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include
the following language in all subcontracts executed under this MOU:
"The work to be performed under this MOU 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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bnps://www.hud.gov/sites/documents/DOC 12047.PDF
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
https•//www ecfr gov/cgi-bin/text-idx?c=ecfr&ipl=/ecfrbrowse/Title24/24cfrl35 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
https://www.hud.gov/proum offices/fair housing equal opp/FHLaws/109
https://portal hud gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/E
X011063
11246: https://www.dol.gov/ofccp/rcgs/statutes/col 1246.htm
11375: Amended by EO 11478
11478: https://www archives gov/federal-register/codification/executive-order/11478.html
12107: https•//www archives gov/federal-register/codification/exccutive-order/12107.html
12086: https•//www archives gov/federal-register/codification/executive-order/12086.html
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
https•//www.dol.gov/whd/reds/statutes/safeO Lpdf
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K.
Section 504: httl2s://www.epa.gov/civilrights/sec504.htm
29 USC 776: https:Hlaw.onecle.com/uscode/29/776.html
24 CFR 570.614: https•//www.law.comell.edu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudap
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
https•//www fhwa dot ovg /real estate/uniform actlindex.cfm
4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects, 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
https://www.law.comell.edu/cfr/textt29/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)
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https://www.law.comell.edu/cfr/text/29/Tart-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally
assisted projects. htips://www.presidency.ucsb.edu/ws/index.php?pid=23675
4.16 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 - which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise.
h_ptt s•//www archives gov/federal-register/codification/executive-order/I1625.html
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: h_ptt s•//www gpo pov/fdsys/pkg/CFR-2010-title24-vol3/pdf/CFR-2010- title24-
vol3-sec570-608.pdf
E.O. 13279: h!tp://www.fedgoycontracts.com/pe02-96.htm
4.18 Public Law 100-430 - the Fair Housing Amendments Act of 1988.
hLtps://www.nebi.nlm.nih.gov/pubmed/12289709
4.19 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
hitps•//www ecfrgov/cgi-bin/text-idx?ipl=/ecfrbrowse/Title02/2efr200 main 02.1pl
4.20 Immigration Reform and Control Act of 1986
https://www.ceoc.gov/eeoc/histoi-Y/35th/thelaw/irca.html
4.21 Prohibition of Gifts to County Employees - No organization or individual shall offer or give, either
directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any County
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-
h_ptt s•//www lawserver com/law/state/florida/statutes/florida statutes chapter 112 part iii
Collier County-
http://www.colliergov.netthome/showdocument?id=35137
4.22 Order of Precedence- In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the MOU shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the MOU.
To the extent any conflict in the terms of the Contract Documents cannot be resolved by application
Collier County Facilities and Management
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of the Supplemental Conditions, if any, or the MOU, the conflict shall be resolved by imposing the
more strict or costly obligation under the Contract Documents upon the Contractor at Owner's
discretion.
4.23 Venue -Any suit of action brought by either party to this MOU against the other party, relating to
or arising out of this MOU, must be brought in the appropriate federal or state courts, in Collier
County, FL which courts have sole jurisdiction on all such matters. (No reference required for this
item).
4.24 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this MOU 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 CHS's
staff person who would make the presentation of any settlement reached during negotiations to the
County for approval. Failing resolution, and prior to the commencement of depositions in any
litigation between the parties arising out of this MOU, 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
MOU shall be adjudicated in Collier County, Florida, if in state court and the US District Court,
Middle District of Florida, if in federal court. BY ENTERING INTO THIS MOU, 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 MOU.
https://www.flsenate.gov/Laws/Statutes/2012/44.102
4.25 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. hl!ps://www.law.comell.edu/uscode/text/42/7401
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.law.comell.edu/uscode/text/33/chgpter-26
4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an
area identified by FEMA as having special flood hazards, flood insurance under the National Flood
Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA)
may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said
flood insurance.
https://www.law.comell.edu/cfr/text/24/570.605
4,27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to the HUD Lead- Based Paint Poisoning
Prevention Act, found at 24 CFR 570.608, Subpart K. https•//www gpo. og v/fdsts/granule/CFR-
2000-title24-vol3/CFR-2000-title24-vol3-sec570-608-id 163
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4.28 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this MOU.
ht!ps://www n lis gov/history/local-law/nhpal966 htm
hftps://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr800 main 02.tp1
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.
hftps://www.nps.izoV/histoEL/local-law/nhpal966.htm
4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with
the Drug -Free Workplace Act of 1988 (41 USC 701).
bLtps://www.gpo.gov/fdsys/granulc/USCODE-2009-title4 I /USCODE-2009-title4 1 -chap] 0-
sec701
4.30 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not
knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from participating in this covered transaction as outlined in 24
CFR 570.609, Subpart K.
hiips://www.law.comell.edu/cfr/text/24/570.609
4.31 The SUBRECB'IENT agrees to comply with the following OMB Circulars whichever is applicable
and agrees to adhere to the accounting principles and procedures required therein, utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred. These
requirements are enumerated in 2 CFR 200, et seq.
4.32 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be
submitted to CHS nine (9) months after the end of the SUBRECIPIENT's fiscal year. The
SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500. Subrecipients exempt from Single Audit requirements shall submit financial
statements to CHS one hundred eighty (180) days after the end of the SUBRECIPIENT'S fiscal
year. Per 2 CFR 200.344, if this MOU is closed out prior to the receipt of an audit report, CHS
reserves the right to recover any disallowed costs identified in an audit after such closeout.
littps://www. ecfr. gov/cgi-bin/text-
idx?SID=5a78addefff9a535e83fed3010308aef&mc=true&node=se2.1.200 1344&rgn=div8
4.33 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by CHS 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
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provisions of CDBG including, but not limited to, the provisions on use and disposition of property.
Any real property within 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.
https•//www gpo gov/fdsys/prranule/CFR-1999-title49-voll/CFR-1999-title49-voll-sec24-101
h_ptt s•//www gpo gov/fdsys/granule/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-505
4.34 As provided in § 287.133, Florida Statutes, by entering into this MOU 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.leiz.state.fl.us/Statutes/index.efin?App mode=Display Statute&Search Stringy&UR
L=0200-0299/0287/Sections/0287.133.htm1
4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress, in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions. The undersigned shall require that the language of
this certification be included in the award documents for all sub -awards at all tiers (including
subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem
rates in effect at the time of travel.
https://www.gsa.gov/portal/contentli 04877
4.37 Equal access in accordance with the individual's gender identity in community planning and
development programs, per 24 CFR 5.106.
https://www.izovregs.com/regulations/exi2and/title24 part5 subpar(A section5.106
4.38 Housing Counseling, including homeownership counseling or rental housing counseling, as defined
in §5.100, required under or provided in connection with any program administered by HUD shall
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be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214
to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111.
hMs://www.ecfr.gov/cgi-bin/text
idx?SID=e339ece9fdfdl479cab67e85Oc7cddd4&node=24:2.1.1.2.10.4&rgn--div6
hftps://www.law.comell.edu/cfr/text/24/5.1 11
4.39 HUD Final Rule — Implementation of the Violence Against Women Reauthorization Act of 2013
which applies for all victims of domestic violence, dating violence, sexual assault, and stalking,
regardless of sex, gender identity, or sexual orientation, and which must be applied consistent
with all nondiscrimination and fair housing requirements.
hLtps•//www federalregister gov/documents/2016/11/16/2016-25888/violence-aizainst-women-
reauthorization-act-of-2013-implementation-in-hud-housing-programs
4.40 Any rule or regulation determined to be applicable by HUD.
4.41 Florida Statutes 713.20, Part 1, Construction Liens
https://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700-
0799/0713/0713.html
4.42 Florida Statutes 119.021 Records Retention
http://www.leg.state.fl.us/Stattites/index.cfm?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.021.htm1
4.43 Florida Statutes, 119.071, Contracts and Public Records
hftp://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.021.html
(Signature Page to Follow)
Collier County Facilities and Management
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IN WITNESS WHEREOF, the SUBRECIPIENT and CHS, have each respectively, by an authorized
person or agent, hereunder set their hands and seals on the date first written above.
COMMUNITY AND HUMAN SERVICES DIVISION
(CHS)
IM
KRISTI SONNTAG, DIVISION DIRECTOR
Date:
COLLIER COUNTY PUBLIC SERVICES
DEPARTMENT
By:
STEVE CARNELL, DEPARTMENT HEAD
COLLIER COUNTY FACILITIES AND
MANAGEMENT DIVISION
By:
DAMON GRANT, DIVISION DIRECTOR
COLLIER COUNTY FACILITIES AND
MANAGEMENT DEPARTMENT
M
G. GEORGE YILMAZ, DEPARTMENT HEAD
Date:
Approved as to form and legality:
By:
Jenni . Belpedio (� IICI
Assistant County Atto y (�U S I`3
Collier County Facilities and Management
CD19-10
Facility Improvements Page 30
PART V
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
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.
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.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its
Subcontractors to provide, original certificates indicating the following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than one
hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001),
the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal
Collier County Facilities and Management
CD19-10
Facility Improvements Page 31
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.
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 hrsurance 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.
Collier County Facilities and Management
CD19—m 0
Facility Improvements Page 32
CP
EXHIBIT B
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Collier County Facilities & Management Division
Subrecipient Address: 3335 Tamiami Trail East Naples FL 34112
Project Name: Facility Improvements
Project No: CD19-10 IDIS# Payment Request #
Total Payment Minus Retainage
Period of Availability: 10/1/19 through 12/31/20
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
2. Sum of Past Claims Submitted on this Account
3. Total Grant Amount Awarded Less Stun of Past Claims
Submitted on this Account
4. Amount of Today's Request
5. 10% Retainage Amount Withheld (if applicable) $
6. Current Grant Balance (Initial Grant Amount Award
request) (includes Retainage) $
I certify that this request for payment has been made in accordance with the terms and conditions of the
MOU between CHS 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 Division Director
(Approval required $15,000 and above) (Approval Required $15,000 and
above)
Collier County Facilities and Management
CD19-10
Facility Improvements Page 33
GQ'
EXHIBIT C
QUARTERLY PERFORMANCE REPORT DATA
GENERAL -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. At COUNTY's discretion, SUBRECIPIENT may be
required to enter the information collected on this exhibit into an online grant management system.
Agency Name: Collier County Facilities & Management Date:
Division
Project Title: Facility Improvements IDIS #:
Program Contact: Miguel Carballo, Facilities Manager Telephone Number: 239-252-8380
Activity
Reporting ortin Period
Report Due Date
October
I"— December 31"
January 10'
January
Ist—March 315`
Aril 10'
April Is'
— June 30"
Jul 10`"
July 1st—September
30'
October 10"
REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period):
12/31/19 3/31/20 6/30/20 9/30/20
Please note: The CDBG/HOME/ESG Program year begins October 1, 2019 — September 30, 2020. Each quarterly
re ort must include cumulative data be innin from the start of the program year October 1, 2019.
01.
Please list the outcome goal(s) from your approved application and subrecipient agreement and indicate your
progress in meetingthose goals since October 1, 2019.
for this eriod?
a.
Outcome Goals: list the outcome goal(s) from your approved a lication and subreci ient agreement
Section 108 Loan Guarantee $
CDBG
Outcome 1: Complete improvement activities.
Other Consolidated Plan Funds $
Outcome 2: Document that at least 51% of persons served are low to moderate income to meet a CDBG
LMI/LMA National Objective via Census Track documentation
$
Outcome 3:
ESG
b.
Goal Progress: Indicate the progress to date in meeting each outcome goal.
$
HOPWA
Outcome l:
$
Outcome 2:
$
Outcome 3:
2.
Is this project still in compliance with the original project schedule: Yes No
If No, Explain:
3.
Since October 1, 2019; of the persons assisted, how many...
Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes
a. ...now have new access(continuing) to this service or benefit?
0.
b, I ...now have improved access to this service or benefit?
0
C. ...now receive a service or benefit that is no longer substandard?
0
Total
0
4.
What ndin sources did the subreci fent a 1
for this eriod?
Section 108 Loan Guarantee $
CDBG
$
Other Consolidated Plan Funds $
HOME
$
Other Federal Funds $
ESG
$
$
HOPWA
$
$
Total Entitlement Funds
$
Collier County Facilities and Management
CD19-10
Facility Improvements Page 34 U
5.
What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if
applicable? Answer question 5a or 5b; NOT both
For LMC activities: people, race/etbnicity, and income data are reported by persons.
For LMH activities: households, race/ethnicity, and income level are reported by households, regardless
the number of persons in the household.
7.
a.
Total No. Persons/Adults served 0 Total No. persons served under 18 (LMC) 0
LMC
b. Total No. Households served LMH 0 Total No. female head of household (LMH) 0
Quarter Total No. of Persons 0 Quarter Total No. of Persons 0
Indicate the total number of UNDUPLICATED persons
served since October 1 who fall into each presumed
benefit category (the total should equal the total in
u tion 96a or 6b):
Indicate the total number of UNDUPLICATED
persons served this Quarter who fall into each
income category (the total should equal the total
uestion #6
a
Presumed Benefit Activifies Onl LMC QTR
b.
Total No. of Households served 0 Total No. of female head of household (LMH) 0
6.
What is the total number of UNDUPLICATED clients served since October, if applicable?
Answer question 6a or fib, NOT both
For LMC activities: race/efi nici and income data are reported by persons.
7.
a. Total No. Persons/Adults served 0 Total No Persons served under 18 (LMC) 0
LMC
YTD Total: 0 YTD Total 0
b. Total No. Households served LMH 0 Total No. female head of household (LMH) 0
YTD Total 0 YTD Total 0
8.
Complete EITHER question 7 or 8, NOT both
Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed
Benefit categories.
7.
PRESUMED BENEFICIARY DATA ONLY:
CL—MC)Quarter
PRESUMED BENEFICIARY DATA ONLY
MC YTD
Indicate the total number of UNDUPLICATED
persons served thisucuaartor who fall into each
presumed benefit category (the total should equal the
total in question #6a or 6b :
Indicate the total number of UNDUPLICATED persons
served since October 1 who fall into each presumed
benefit category (the total should equal the total in
u tion 96a or 6b):
Indicate the total number of UNDUPLICATED
persons served this Quarter who fall into each
income category (the total should equal the total
uestion #6
a
Presumed Benefit Activifies Onl LMC QTR
b
Presumed Benefit Activities Only LMC YTD
ELI
0 Abused Children ELI
0
0 Abused Children ELI
0 Homeless Person ELI
0 Homeless Person ELI
0 Migrant Farm Workers LI
0 Migrant Farm Workers LI
0 Battered Spouses LI
0 Battered Spouses LI
0 Persons w/HIV/AIDS LI
0 Persons w/HIV/AIDS LI
0 Elderly Persons LI or MOD
0 Elderly Persons LI or MOD
0 Illiterate Adults LI
0 Illiterate Adults LI
Moderate Income (51 -80%)
0 Severely Disabled LI
Adults
M OD
0 Severely Disabled Adults LI
-
0 Quarter Total
0 YTD Total
8.
Com Tete question 8a and 8b if any client in our ro
am does not fall into a Presumed Benefit category.
Other Beneficiary Data: Income Range
Other Beneficiary Data: Income Range
Indicate the total number of UNDUPLICATED
persons served this Quarter who fall into each
income category (the total should equal the total
uestion #6
in
Indicate the total number of UNDUPLICATED persons
served since October 1 (YTD) who fall into each income
category (the total should equal the total in question #6):
a
ELI
Extremely Low Income (0-30%)
0
b
ELI
Extremely Low Income (0-30%)
0
LI
Low Income (31-50%)
0
LI
Low Income
0
MOD
Moderate Income (51 -80%)
0
M OD
Moderate Income (51-80%)
0
NON-
LII
Above Moderate Income (>80%)
0
NON-
L/M
Above Moderate Income (>80%)
0
Quarter Total
0
YTD Total
0
Collier County Facilities and Management
CD19-10
Facility Improvements Page 35
F9.
Racial & Ethnic Data if applicable)
Please indicate how many UNDUPLICATED
clients served this Quarter 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 to in uestton 6,
Please indicate how many UNDUPLICATED clients
served since October (YTD) 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 in
question 6.
a. RACE ETHNICITY
/HISPANIC
b. RACE ETHNICITY
/HISPANIC
White 0 0
White 0 0
Black/African American 0 0
Black/African American 0 0
Asian 0 0
Asian 0 0
American Indian/Alaska Native 0 0.
American Indian/Alaska Native 0 0
Native Hawanan/Other Pacific Islander 0 0
Native Hawaiian/Other Pacific Islander 0 0
Black/African American & White 0 0
Black/African American & White 0 0
American Indian/Alaska Native & 0 0
Black/African American
American Indian/Alaska Native & 0 0
Black/African American
Other Multi -racial 0 0
Other Multi -racial 0 0
0 0
0 0
Name:
Signature:
Title:
Your typed name here represents Your electronic sil?nature
Collier County Facilities and Management
CD19-10
Facility Improvements Page 36
U
EXHIBIT D
INCOME CERTIFICATION
INSTRUCTIONS
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 0.00
Total Cash Value of Assets B(a) 0.00
Total Income from Assets B(b) 0.00
If line B(a) is greater than $5,000, multiply that amount by the rate specified
by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave
blank. B
Collier County Facilities and Management
CD19-30 Page 37
Facility Improvements (�
A. 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
box B(c),
3
above, in
4
box C(e)
5
below)
6
7
8
Totals (a)
(b)
(c) (d)
(c)
0.00
0.00
0.00 0.00
Enter total of items C(a) through C(e).
0.00
This amount is the Annual Anticipated Household Income.
B. 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
Adult Household Member (if applicable)
Adult Household Member (if applicable)
Date
Date
Date
Date
Collier County Facilities and Management
CD19-10
Facility Improvements Page 38
U
A. 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) constitme(s) a:
❑ Extremely Low Income (ELI) Household means and individual or family whose annual income
does not exceed 30/50`s of the Very Low Income (60 percent of VLI) 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 bythe 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 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
B. Household Data
Date
Title
Number of Persons
By Race / Ethnicity B Age
Native
American
Hawaiian or
0-25
26-40
41-61
62+
Indian
Asian
Black
Other Pac.
White
Other
Islander
Hispanic
Non -
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.
Collier County Facilities and Management
CD19-10 d
Facility Improvements Page 39 U
EXHIBIT E
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if
subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires
that all appropriate documentation is provided regarding your organization's compliance. In determining Federal
awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the
activity related to the Federal award occurs, including any Federal award provided by Collier County. The
determination of amounts of Federal awards expended shall be in accordance with the guidelines established by
established by 2 CFR Part 200, Subpart F —Audit Requirements. This form may be used to monitor Florida Single
Audit Act Statute 215.97 requirements.
Subrecipient
Name
Collier County Facilities and Management Division
First Date of Fiscal Year MM/DD/YY
Last Date of Fiscal Year MM/DD/YY
Total Federal Financial Assistance Expended
Total State Financial Assistance Expended during
during most recently completed Fiscal Year
most recently completed Fiscal Year
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has
❑
been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed
or will be completed by . Copies of the. audit report and management letter
are attached or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑
❑ Are a for-profit organization
❑ Are exempt for other reasons —explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit report. While we
❑
understand that the audit report contains a written response to the finding(s), we are
requesting an updated status of the corrective action(s) being taken. Please do not provide
just a copy of the written response from your audit report, unless it includes details of the
actions, procedures, policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature
Date
Print Name and Title
06/18
Collier County Facilities and Management
CD19-10
Facility Improvements
Page 40
U
FAIN #
B -19 -UC -12-0016
Federal Award Date
Est. 10/2019
Federal Award Agency
HUD
CFDA Name
Community
Development Block
Grant
CFDA/CSFA#
14.218
Total Amount of Federal
Funds Awarded
$182,217.00
Subrecipient Name
The Shelter for Abused
Women & Children, Inc.
The Shelter
DUNS#
836680769
FEIN
59-2752895
R&D
No
Indirect Cost Rate
No
Period of Performance
10/01/2019-12/31/2020
Fiscal Year End
6/30
Monitor End:
12/2025
AGREEMENT BETWEEN COLLIER COUNTY
AND
THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC.
THIS AGREEMENT is made and entered into this day of _20 , by and
between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having
its principal address at 3339 E Tamiami Trail, Naples FL 34112, and The Shelter for Abused Women &
Children, Inc. (The Shelter), ("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 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 2019-2020 for the CDBG Program with
Resolution 2019- on June 25, 2019 — Agenda Item ; and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans, the County advertised the 2019/2020 Annual
Action Plan, on May 24, 2019, with a 30 -day Citizen Comment period from May 24, 2019 to June 25, 2019;
and
WHEREAS, the SUBRECIPIENT has submitted a proposal for participation in the Collier County
CDBG program; and
The Shelter for Abused Women & Children, Inc.
CD19-06
Restroom Rehabilitation
Page 1
WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in the undertaking the CDBG CD19-06 Shelter Restroom Rehabilitation.
NOW, THEREFORE; in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
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 provided herein and, as determined by Collier County
Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as
follows:
Project Name: Shelter Restroom Rehabilitation
Description of project and outcome:
CHS, as an administrator of the CDBG program, will make available FY2019-2020 CDBG funds
up to the gross amount of $182,217.00 to Shelter for Abused Women & Children, Inc. (SAWCC)
to fund:
Costs associated with but not limited to; permitting, design, rehabilitation, construction and
renovation of shelter restrooms
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, if applicable.
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty (60) calendar days of the execution of this agreement, the SUBRECIPIENT
must deliver to CHS for approval a detailed project schedule for the completion of the
project, excluding Public Service projects.
B. The following resolutions and policies must be submitted within sixty (60) days of this
agreement
® Affirmative Fair Housing Policy
Affirmative Action/ Equal Opportunity Policy
Conflict of Interest Policy
Procurement Policy
® Uniform Relocation Act Policy
Sexual Harassment Policy
The Shelter for Abused Women & Children, Inc.
CD19-06
Restroom Rehabilitation
Page 2
® Procedure for meeting the requirements set forth in Section 3 of the Housing and
Urban Development Act of 1968, as amended (12U.S.C. 794 1 u)
Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
Fraud Policy
C. Environmental Review Requirement (ERR) - No program costs can be incurred until an
environmental review of the proposed project is completed and approved. Further, the
SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance
of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the
denial of any reimbursement of funds under this Agreement.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Description
I Federal Amount
Project Component 1: Rehabilitation and associated activities for restrooms at the
Shelter
$182,217.00
Total Federal Funds:
$182,217.00
The Subrecipient will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
® Maintain and provide to the County, as requested, beneficiary income certification
documentation
® Maintain and provide National Objective Documentation
® Provide Quarterly Reports on National Objective and project progress
® Required attendance by a representative from executive management at scheduled
partnership meetings, as requested by CHS.
Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation.
® Identify Lead Project Manager
® Provide Site Design and Specifications
® Comply with Davis Bacon Labor Standards
® Comply with Section 3 and maintain documentation
® Provide certified payroll weekly throughout construction and rehabilitation
® Comply with Uniform Relocation Act (URA), if necessary
❑ Ensure applicable numbers of units are Section 504/ADA accessible
® Ensure the applicable affordability period for the project is met
B. National Objective
The Shelter for Abused Women & Children, Inc. O
CD19-06 9�
Restroom Rehabilitation Page 3
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:
❑
LMA
— Low/Mod Area Benefit
LMC
— Low/Mod Clientele Benefit
❑
LMH
— Low/Mod Housing Benefit
❑
LMJ—Low/Mod
Job Benefit
LMA: Must document where at least 51 percent of the residents are LMI persons based on
HUD determined eligible census tracts. Failure to achieve the national objective under this
agreement will require repayment of the CDBG investment under this agreement.
LMC: Must document that at least 51 percent of persons served, are low to moderate
income persons or households, in order to meet a CDBG National Objective. Failure to achieve the
national objective under this agreement will require repayment of the CDBG investment under this
agreement.
LMH: Must document providing or improving permanent residential structures, which
upon completion will be occupied by LMI households. Structures with three or more units must
have at least 51 percent occupied by LMI households and structures with less than three units must
be occupied by 100 percent LMI households. Failure to achieve the national objective under this
agreement will require repayment of the CDBG investment under this agreement.
LMJ: Must document job creation and retention. The LMI benefit national objective
addresses activities designed to create or retain permanent jobs, at least 51 percent of which
(computed on a full-time equivalent basis) will be made available to or held by LMI persons.
Failure to achieve the national objective under this agreement will require repayment of the CDBG
investment under this agreement.
C. Performance Deliverables
Program Deliverable
Deliverable Supporting
Submission Schedule
Documentation
Special Grant Condition Policies
Policies as stated in this
Within sixty (60) days of
Section LI
agreement
agreement execution
Insurance
Insurance Certificate
Within 30 days of agreement
execution and Annually within
thirty 30) days of renewal
Detailed Project Schedule
Project Schedule
Within sixty (60) days of
agreement execution
Project Plans and Specifications
Site Plans and Specifications
Prior to procurement
Subcontractor Log
Subcontractor Log
Initially at construction start,
and uarterl thereafter
Submission of Progress Report
Exhibit C
Quarterly within 10 days
following the end of the quarter.
Final report due 60 days after
agreement ends
The Shelter for Abused Women & Children, Inc.
CD19-06
Restroom Rehabilitation Page 4 �_
Section 3 Report
Quarterly report of new hire
Quarterly
Project Component 1: CHS, as an
information
Submission of
Davis -Bacon Act Certified
Weekly Certified Payroll
Within 21 days of receipt
Payroll
reports, forms and supporting
FY2019-2020 CDBG funds up to
documentation
Financial and Compliance Audit
Audit, Management Letter and
Annually: nine (9) months after
to Shelter for Abused Women &
Exhibit E
FY end for Single Audit OR one
Children, Inc. (SAWCC) to fund:
additional documents as needed.
hundred eighty (180) days after
Costs associated with but not
The County will pay up to 90% of the
FY end
Continued Use Certification
Continued Use Affidavit, if
Annually; for five (5) years after
rehabilitation, construction and
applicable
meeting the National Objective
Revenue Plan for maintenance
Plan approved by the County
Initial Plan due after completion
and Capital Reserve
The remaining 10% of the award or
of construction. Annually;
project costs will be released upon final
through the period of continued
monitoring clearance and meeting a
use
Program Income Reuse Plan
Plan Approved by the County
Annually until 2025
D. Payment Deliverables
Payment Deliverable
Payment Supporting Documentation
Submission Schedule
Project Component 1: CHS, as an
Submission of supporting documents
Submission of
administrator of the CDBG
must be provided as backup, as evidenced
monthly invoices
program, will make available
by invoice, canceled checks or banking
FY2019-2020 CDBG funds up to
documents, completed AIA G702-1992
the gross amount of $182,217.00
form, or equivalent document per
to Shelter for Abused Women &
contractor's Schedule of Values, and any
Children, Inc. (SAWCC) to fund:
additional documents as needed.
Costs associated with but not
The County will pay up to 90% of the
limited to; permitting, design,
total grant award or project costs
rehabilitation, construction and
whichever is lower upon proof of proper
renovation of shelter restrooms
payment.
The remaining 10% of the award or
Following close out
project costs will be released upon final
monitoring
monitoring clearance and meeting a
National Objective
For clarity, the County will not withhold
10% on each payment, rather, the last
10% will only be paid as previously
specified.
Final 10 percent of award amount will be paid upon completion of final monitoring clearance and
documentation of meeting the National Objective. Failure by the subrecipient to achieve the National
Objective will require repayment of the CDBG investment under this agreement.
1.3 PERIOD OF PERFORMANCE
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Services of the Subrecipient shall start on October 1, 2019 and shall end on December 31, 2020.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available (One Hundred Eighty -Two Thousand, Two Hundred
Seventeen) Dollars ($182,217.00) for use by the SUBRECIPIENT, during the term of the
agreement (hereinafter, shall be referred to as the "Funds").
Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund
shifts among line items shall not be more than 10 percent of the total funding amount and does not
signify a change in scope. Fund shifts that exceed 10 percent of the agreement amount shall only
be made with Board approval.
The County shall reimburse the SUBRECIPIENT for the performance of this agreement upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible
costs, and all disbursement requests must be limited to the amount needed at the time of the
request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations
incurred duringthe term of this agreement. Invoices for work performed are required every month.
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 may be required if two
consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT,
when requested, as work progresses but, not more frequently than once per month. Reimbursement
will not occur if Subrecipient fails to perform the minimum level of service required by this
agreement.
Final invoices are due no later than 90 days after the end of the agreement. Work performed during
the term of the program but not invoiced within 90 days after the end of the agreement may not be
processed without written authorization from the Grant Coordinator.
The County Manager or designee may extend the term of this agreement for a period of up to 180
days after the end of the agreement. Extensions must be authorized, in writing, by formal letter to
the SUBRECIPIENT.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requirements. Except where disputed for noncompliance,
payment will be made upon receipt of a properly completed invoice and in compliance with
§218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act."
1.5 COST PRINCIPLES
Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost
allowability found at 2 CFR 200 Subpart E -Cost Principles. For the purposes of this section
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(Section 1.5 -Cost Principles) of this agreement, SUBRECIPIENT is defined as a described in 2
CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under this
Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed
specifically to the projects referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT
must provide adequate documentation for validating costs incurred. Payments to
SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the
procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by
the SUBRECIPIENTS and Contractors shall comply with 2 CFR Subpart E -Cost Principles. A
Developer is not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart
E and may impose requirements upon the Developer, in order for the COUNTY to remain
compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal
controls and maintain necessary source documentation for all costs incurred and adhere to any other
accounting requirements included in this agreement.
1.6 NOTICES
Notices required by this agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, 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: Rose Munoz, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: Rosa.Munoz@colliercouMfl.gov
Telephone: (239) 252-5713
SUBRECIPIENT ATTENTION: Linda Oberhaus, Chief Executive Officer
P.O. Box 10102
Naples, Florida 34101
Email: loberhaus@naolesshelter.org
Telephone: (239) 775-3862
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PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
At any time during normal business hours and as often as the COUNTY (and/or its representatives)
may deem necessary, the SUBRECIPIENT shall make available all records, documentation, and
any other data relating to all matters covered by the agreement for review, inspection or audit.
Any deficiencies noted in audit reports must be fully cleared by the 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..
The determination of amounts of Federal awards expended shall be in accordance with guidelines
established by 2 CFR Part 200, Subpart F -Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 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 is not 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 this
agreement shall be made available to the COUNTY, by the SUBRECIPIENT, at any time,
upon request by the COUNTY or CHS. Materials identified in the previous sentence shall
be in accordance with generally accepted accounting principles (GAAP), procedures and
practices, which sufficiently and property reflect all revenues and expenditures of funds
provided directly or indirectly by this agreement, including matching funds and Program
Income. These records shall be maintained to the extent of such detail as will properly
reflect all net costs, direct and indirect labor, materials, equipment, supplies and services,
and other costs and expenses of whatever nature for which reimbursement is claimed under
the provisions of this agreement.
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D. Upon completion of all work contemplated under this agreement, copies of all documents
and records relating to this agreement shall be surrendered to CHS, if requested. In any
event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a
readily accessible, permanent, and secured location for five (5) years after the date of
submission of the annual performance and evaluation report, as prescribed in 2 CFR
200.333, with the following exception: if any litigation, claim, or audit is started before the
expiration date of the five (5) year period, the records will be maintained until all litigation,
claim, or audit findings involving these records are resolved. The COUNTY shall be
informed, in writing, if an agency ceases to exist after closeout of this agreement of the
address where the records are to be kept, as outlined in 2 CFR 200.336. The
SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at
no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon
termination of the contract and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible with the
information technology systems of the COUNTY.
IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE,
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT 239-252-68329
Michael.Coxna,colliercountyfl.eov, 3299 Tamiami Trail E, Naples
FL 34112.
E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of
1931, 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. SUBRECIPIENT will be responsible for the creation and maintenance of income eligible
files on clients served and documentation that all households are eligible under HUD
Income Guidelines. The SUBRECIPIENT agrees that CHS shall be the final arbiter on the
SUBRECIPIENT's compliance.
G. SUBRECIPIENT shall document how the National Objective(s), as defined in 24 CFR
570.208 and the eligibility requirement(s) under which funding has been received, have
been met. These also include special requirements, such as necessary and appropriate
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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 COUNTY would provide the records and at a cost that does not
exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized
by 2 CFR 200.336 and 2 CFR 200.337.
2.3 MONITORING
During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to
the COUNTY no later than nine (9) months after the Single Audit (or one hundred eighty (180)
days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT'S fiscal year end.
The COUNTY will conduct an annual financial and programmatic review.
SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desk top
review of the activities may be conducted in lieu of an on-site visit. The continuation of this
agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the
request of CHS, submit information and status reports required by CHS or HUD to enable CHS to
evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall
allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or
unscheduled, as determined by CHS or HUD.
COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud,
waste, abuse, or non-performance, based on goals and performance standards, as stated, with all
other applicable laws, regulations, and policies governing the funds provided under this agreement
further defined by 2 CFR 200.331. Substandard performance, as determined by the COUNTY, will
constitute noncompliance with this agreement. If corrective action is not taken by the
SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract
suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD,
the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the
COUNTY's internal auditor(s) access to all records related to performance of activities in this
agreement.
2.4 PREVENTION OF FRAUD AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient
to prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this
agreement and to provide for the proper and effective management of all Program and Fiscal
activities of the agreement. SUBRECIPIENT's internal control systems and all transactions and
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other significant events shall be clearly documented, and the documentation shalt be readily
available for monitoring by COUNTY.
SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees,
and agents for the purpose of monitoring or investigating the performance of the Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent
waste, fraud, and abuse.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this Agreement, or of any law or regulation to COUNTY or to any
appropriate law enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this contract. Penalties may be imposed for failures to implement or to make
acceptable progress on such corrective action plans.
In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation
policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant
funds from CHS. CHS's policy for escalation for non-compliance is as follows:
Initial non-compliance may result in Findings or Concerns being issued to the
SUBRECIPIENT, which will require a corrective action plan be submitted to the
COUNTY within 15 days following issuance of the report.
• Any pay requests that have been submitted to the COUNTY for payment will
be held until the corrective action plan has been submitted.
CHS will be available to provide Technical Assistance (TA) to the
SUBRECIPIENT, as needed, in order to correct the non-compliance issue.
2. If in the case SUBRECIPIENT fails to submit the corrective action plan in a timely
manner to the COUNTY, the COUNTY may require a portion of the awarded grant
amount be returned to the COUNTY.
• The COUNTY may require upwards of five percent (5%) of the award amount
be returned to the COUNTY, at the discretion of the Board of County
Commissioners.
• The entity may be denied future consideration as set forth in Resolution No.
2013-228.
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3. If in the case SUBRECIPIENT continues to fail to correct the outstanding issue or
repeats an issue that was previously corrected and has been informed by the
COUNTY of their substantial non-compliance by certified mail; the COUNTY
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
COUNTY.
• The COUNTY may require upwards often percent (10%) of the award amount
be returned to the COUNTY, at the discretion of the Board of County
Commissioners.
• The SUBRECIPIENT will be considered in violation of Resolution No. 2013-
228.
4. If in the case, after repeated notification, SUBRECIPIENT continues to be
substantially non-compliant, the COUNTY may recommend the contract or award
be terminated.
• The COUNTY will make a recommendation to the Board of County
Commissioners to immediately terminate the agreement or contract. The
SUBRECIPIENT will be required to repay all funds disbursed by the
COUNTY for the project that was terminated. This includes the amount
invested by the COUNTY for the initial acquisition of properties or other
activities.
• SUBRECIPIENT will be considered in violation of Resolution No. 2013-228.
If in the case SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be
non-compliant, the above sanctions may be imposed across all awards at the BCC's discretion.
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this agreement, and on the resolution of monitoring findings identified pursuant to this
agreement, as deemed necessary by the County Manager or designee.
During the term, 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 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
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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
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, Pati 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; (2) the SUBRECIPIENT does not assume the recipient's
responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) the
SUBRECIPIENT is 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 laws, regulations, and policies governing the funds provided under this agreement.
The SUBRECIPIENT further agrees to utilize funds available under this agreement to supplement
rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating
or establishing the relationship of 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.
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
duty 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.
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
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activities to be undertaken as part of this agreement, such modifications will be incorporated only
by written amendment; signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from 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, or the reduction of funds awarded by 1IUD to
Collier County, to a level, determined by the County Manager, to be insufficient to adequately
administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all
or any portions of the funds will not be available. In either event, the COUNTY may terminate this
agreement, which termination shall be effective as of the date that it is determined by the County
Manager or designee, in his/her sole discretion and judgment, that the funds are no longer available.
In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to
hold the COUNTY, nor any individual member of the County Commissioners and/or County
Administration, personally liable for the performance of this agreement, and the COUNTY shall
be released from any further liability to SUBRECIPIENT under the terms of this agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities;
damages, losses, costs, and causes of action which may arise out of an act, 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 there-
on. 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 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, whether printed or digitally prepared and released by the SUBRECIPIENT for, on
behalf of, and/or about the Program shall include the statement:
"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN
SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team, as well as
Equal Housing Opportunity, to the general public. Construction signs shall comply with applicable
COUNTY codes.
3.8 DEFAULTS, REMEDIES, AND TERMINATION
In accordance with 2 CFR 200.339, this agreement may also be terminated for convenience by
either the COUNTY or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for
such termination, the effective date, and, in the case of partial terminations, the portion to be
terminated. However, if in the case of a partial termination, the COUNTY determines that the
remaining portion of the award will not accomplish the purpose for which the award was made, the
COUNTY may terminate the award in its entirety.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
agreement:
A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or
such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as
may become applicable at any time.
B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its
obligations under this agreement.
C. Ineffective or improper use of funds provided under this agreement.
D. Submission by the SUBRECIPIENT to the COUNTY 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.
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
that SUBRECIPIENT has received under this agreement.
D. Apply sanctions, if determined by the COUNTY to be applicable.
E. Stop all payments, until identified deficiencies are corrected.
F. Terminate this agreement by giving written notice to SUBRECIPIENT 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. Regulations regarding real property are
subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7).
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" and 2 CFR 200.310, has been obtained, and said
insurance shall be carried, at all times, during SUBRECIPIENT's performance under the
agreement.
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, Cost Principles and
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Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the
Community Development Block Grant (24 CFR 570 et seq.).
3.12 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through
.326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing
thresholds are:
Range:
Competition Required
$0-$3,000
Single Quote with documentation
$3,000 - $50,000
3 Written Quotes
$50,000+
Formal Solicitation ITB, RFP, etc.
All improvements specified in Part I. Scope of Work shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding, under a procedure acceptable to the
COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts for
improvements with the lowest, responsible and qualified bidder. Contract administration shall be
handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records
and documents related to the project.
3.13 PROGRAM GENERATED INCOME
No Program Income is anticipated. In the event Program Income is derived from the use of CDBG
funds disbursed under this agreement, such Program Income shall be utilized by the
SUBRECIPIENT for CDBG-eligible activities, approved by COUNTY. 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 accordingly, and shall be in
compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When
program income is generated by an activity that is only partially assisted with CDBG funds,
the income shall be prorated to reflect the percentage of CDBG funds used. In the event there
is a program income balance at the end of the Program Year, such balance shall revert to the
COUNTY's Community Block Grant Program, for further reallocation.
Public Facilities and Improvements: Public facilities that are acquired, constructed, rehabilitated,
or otherwise improved with CDBG funds are subject to this requirement. This includes parks,
libraries, community centers, and any other facility whose primary purpose is a public one. For
these facilities, program income is the income generated by the use of the facility, less the operating
costs associated with generating the income. The COUNTY considers utilities, property insurance,
and facility maintenance to be operating costs that should be subtracted from revenue to determine
net program income. For each funded project, the SUBRECIPIENT must submit for the
COUNTY's approval a list of proposed costs incidental to the generation of the program income.
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Additionally, real property under the SUBRECIPIENT'S control that was acquired or improved,
in whole or in part, with CDBG funds shall be used to meet one of the CDBG National Objectives
pursuant to 24 CFR 570.208, during the continued use period, as referenced in section 3.14 (Grant
Closeout Procedures) of this agreement. If the SUBRECIPIENT sells, transfer, disposes of, or
otherwise fails to continue to use the CDBG-assisted real property in a manner that meets a CDBG
National Objective, the SUBRECIPIENT shall pay the COUNTY an amount equal to a percentage
of the current fair market value of the property, after subtracting disposal costs. Such percentage
shall have as its basis, the percentage of the appraised value attributable to CDBG and non-CDBG
funds expended for the original acquisition of, or improvement to, the property under the terms of
this agreement. Such payment shall constitute program income to the COUNTY.
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 continued use period has been met (for public services, "after the expiration of the
Agreement"). The continued use period shall commence with the later of the Subrecipient meeting
the National Objective or the recording of lien and/or deed restriction documentation). Activities
during this closeout period shall include, but are not limited to making final payments, disposing
of program assets (including the return of all unused materials, equipment, program income
balances, and receivable accounts to the COUNTY), and determining the custodianship of records.
In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with
Section 119.021, Florida Statutes regarding records maintenance, preservation, and retention. A
conflict between state and federal 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 that have been advanced or paid must be returned to the COUNTY. Any funds
paid exceeding the amount SUBRECIPIENT is entitled to 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. Closeout procedures must
take place in accordance with 2 CFR 200.343.
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 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 51 percent of the beneficiaries of a project funded through this agreement must be low -
and moderate- income persons or presumed to be low- to moderate- income persons based on
applicable regulation, if the agreement is meeting a national objective through a LMI strategy. If
the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide,
more than 30 percent 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 funds. The Affirmative Action will need to be updated throughout the continued use
period and must be 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 SUBRECIPIENT. The SUBRECIPIENT covenants that
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it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", 2 CFR 200.318, and
the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest.
The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person, or an entity
owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval
of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not
intended to limit SUBRECIPIENT's ability to self -manage the projects using its own employees.
Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its
contractors shall be disclosed, in writing, to CHS provided, however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low- and moderate -
income residents of the project target area.
3.20 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 set -vices 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 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.
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3.21 INCIDENT REPORTING
If services to clients are to be provided under this agreement, the SUBRECIPIENT and any
subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of
a child, aged person, or disabled adult to the COUNTY.
3.22 SEVERABILITY
Should any provision of the agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
https://www.ecfr.gov/cizi-bin/text-idx?tpl=/ccfrbrowsc/Titic24/24cfr570_main_02.tpl
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
https://www.ecfr.gov/cgi-bin/text-idx?tpl=/eefrbrowse/Title24/24efr58 main 02.tpi
4.3 Section 104(6) and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended
https://portal.hud.gov/hudportaVHUD?src--/pLopiram offices/fair housingL equal opp/FHLaws/10
9
4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing
Act.
http://www.hud.eov/offices/fheo/librarv/huddoistatement.odfhttos://www.hud.eov/oroeram offic
es/fair housing equal opp/ReasonableAccommodationsl5
Executive Order 11063 —Equal Opportunity in Housing
https://www.hud. ov/program_offices/fair_ housing_eaual opp/FHLaws/EX011063
Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs
https://www.archives. gov/federal-re eister/codification/executive-order/ 12259.html
24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.0
hiips://www.law.comell.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 https://www.hud.gov/programdescription/title6
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,
https://www.gpo.gg3 /fdsys/pke/CFR-2007-title24-vol3/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:
https://www.hud.gov/program offices/fair housing equal opp/FHLaws/EX011246
EO 11375 and 12086: see item 48 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
Affirmative Action employer.
https://www.hud.goy/prop,ramdescription/title6
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 Subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the agreement through which Federal
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
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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https://www.hud.gov/sites/documents/DOC 12047.PDF
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
https://www.eefr.goy/cizi-bin/text-idx?c=ecfr&tpl=/ccfrbrowse/Title24/24cfrl35 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
I(�s://www.hud.gov/program offices/fair housing equal opp/FHLaws/109
https://portal.hud. og v/hudportal/IIM?srp=/Program offices/fair housing equal oua/FHLaws/E
X011063
11246: https://www.dol.11ov/ofccp/regs/statutes/eo11246.htm
11375: Amended by EO 11478
11478: https://www.archives.gov/federal-register/codification/executive-order/I1478.htm1
12107: https://www.archives.gov/federal-register/codification/executive-order/12107.html
12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
hqps://www.dol.gov/whd/regs/statutes/safe0l.pd
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K.
Section 504: https://www.epa.gov/civilrights/sec504.htm
29 USC 776: https://law.onecle.com/uscode/29/776.html
24 CFR 570.614: https://www.law.comell.edu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudgp
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
https://www.thwa.dot.izov/real estate/uniform act/index.cfm
4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects, 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
https://www.law.comell.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)
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https://www.law.comell.edu/cfr/textt29/part-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally
assisted projects. https://www.presidency.ucsb.edu/ws/index.php?pid=23675
4.16 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 - which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise.
https://www.archives. gov/federal-register/codification/executive-order/ 11625.html
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: https://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vol3/pdf/CFR-2010- title24-
vol3-sec570-608.pdf
E.O. 13279: h-q://www.fedgoycontracts.com/pe02-96.htm
4.18 Public Law 100-430 - the Fair Housing Amendments Act of 1988.
https://www.ncbi.tilm.nih.gov/pubmed/12289709
4.19 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
https://www.ecfr.gov/cgi-bin/text-idx?ipl=/ecfrbrowse/Titie02/2cfr200 main 02. l
4.20 Immigration Reform and Control Act of 1986
hLtps://www.ceoc.jzov/eeoc/history/35th/tlielaw/irca.html
4.21 Prohibition of Gifts to County Employees - No organization or individual shall offer or give, either
directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any County
employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance
No. 2004-05, as amended, and County Administrative Procedure 5311.
Florida Statutes-
https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii
Collier County-
http://www.colliergov.net/home/showdocument?id=3 5137
4.22 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the
agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
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by application of the Supplemental Conditions, if any, or the agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
4.23 Venue -Any suit of action brought by either party to this agreement against the other party, relating
to or arising out of this agreement, must be brought in the appropriate federal or state courts, in
Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required
for this item).
4.24 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes. The litigation arising out of this agreement shall be adjudicated in Collier County, Florida,
if in state court and the US District Court, Middle District of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
hiips://www.flsenate.gov/Laws/Statutes/2012/44.102
4.25 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. haps://www.law.cornell.edii/uscode/text/42/7401
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.law.comell.edu/uscode/text/33/ch4pter-26
4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an
area identified by FEMA as having special flood hazards, flood insurance under the National Flood
Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA)
may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said
flood insurance.
hiips://www.law.comell.edu/cfr/text/24/570.605
4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to the HUD Lead- Based Paint Poisoning
Prevention Act, found at 24 CFR 570.608, Subpart K. haps://www.gpo.cov/fdsys/granule/CFR-
2000-title24-vol3/CFR-2000-title24-vol3-sec570-608-id 163
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4.28 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this agreement.
https://www.nps.gov/history/local-law/nhpal966.htm
https://www.ccfr.gov/cgi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr800_main _02.tpl
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, State or Local historic property list.
https://www.nps.gov/history/local-law/nhpal966.htm
4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with
the Drug -Free Workplace Act of 1988 (41 USC 701).
https://www.gpo. gov/fdsys/granule/IJSCODE-2009-title4l iUSCODE-2009-title4 l -chap 10-
sec701
4.30 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not
knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from participating in this covered transaction as outlined in 24
CFR 570.609, Subpart K.
bgps://www.law.comell.edu/cfr/text/24/570.609
4.31 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable
and agrees to adhere to the accounting principles and procedures required therein, utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred. These
requirements are enumerated in 2 CFR 200, et seq.
4.32 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be
submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The
SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500. Subrecipients exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S
fiscal year. Per 2 CFR 200.344, if this agreement is closed out prior to the receipt of an audit report,
the COUNTY reserves the right to recover any disallowed costs identified in an audit after such
closeout.
https://www.eefr. goy/cgi-bin/text-
idx?SID=5a78addefff9a535e83fed3010308aef&mc=true&node=se2.1.200 1344&rgn=div8
4.33 Any real properly 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
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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 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.
https://www.gpo. og v/fdsys/granule/CFR-1999-title49-voll/CFR-1999-title49-voll-sec24-101
https://www. gpo. gov/fdsy_s/granule/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-505
4.34 As provided in § 287.133, Florida Statutes, by entering into this agreement or performing any work
in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.
This notice is required by § 287.133 (3) (a), Florida Statutes.
ham://www.leg.state.fl.us/Statutes/index.cfn?App mode=Display Statute&SearchmString—&UR
L=0200-0299/0287/Sections/0287.133.html
4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress, in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions. The undersigned shall require that the language of
this certification be included in the award documents for all sub -awards at all tiers (including
subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem
rates in effect at the time of travel.
https://www. sg a.izov/portaVcontent/104877
4.37 Equal access in accordance with the individual's gender identity in community planning and
development programs, per 24 CFR 5.106.
https://www.govregs.com/regulations/enand/title24 part5 subpartA section5.106
4.38 Housing Counseling, including homeownership counseling or rental housing counseling, as defined
in §5.100, required under or provided in connection with any program administered by HUD shall
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be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214
to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111.
hiips://www.ecfr.izov/cgi-bin/text
idx?SID=e339ece9fdfdl479eab67e85Oc7cddd4&node=24:2.1.1.2.10.4&rgn=div6
hftps://www.law.comell.edu/cfr/text/24/5.1 11
4.39 HUD Final Rule — Implementation of the Violence Against Women Reauthorization Act of 2013
which applies for all victims of domestic violence, dating violence, sexual assault, and stalking,
regardless of sex, gender identity, or sexual orientation, and which must be applied consistent
with all nondiscrimination and fair housing requirements.
https://www.federalregister.gov/documents/2016/11 /16/2016-25888/violence-against-women-
reauthor i zati on-act-of-2013-implementation-in-hud-housing-programs
4.40 Any rule or regulation determined to be applicable by HUD.
4.41 Florida Statutes 713.20, Part 1, Construction Liens
hms://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700-
0799/0713/0713.html
4.42 Florida Statutes 119.021 Records Retention
hLtp://www.lea.state.fl.us/Statutes/index.cftn?App mode=Dis lalav Statute&URL=0100-
0199/0119/Sections/0119.021.htm1
4.43 Florida Statutes, 119.071, Contracts and Public Records
bAp://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100-
0 199/01 19/Sections/0 119.02 Lhtml
(Signature Page to Follow)
The Shelter for Abused Women &.Children, Inc.
CD19-06
Restroom Rehabilitation
Page 30
IN WITNESS WHEREOF, the SUhRECIFUMand COUNTY, have each respectively, by an
authorlmd pemon or ape®t, L mwfider ant th* hands 0A nems on the data %st written above.
ATTEST:
CRYSTAL K. ICINZEL, CLERIC
qty pO#
Dated:
(SEAL)
Approved as to forun and Legality:
Jennifdr A. Belppdio
Assistant County Attorney
Date:
The Shelter for Abused Women & Children, Inc.
CCSB -06
Restroom Rehahllltation
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
WILLIAM L. MaDAZIEL, JR.., CHAIRMAN
Date:
TBE 39BLTER FOR ABUSED WOMEN &
CHILDREN, INC.
Date; 5/30/2019
6��
Page 3i
Clo
PART V
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
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.
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.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its
Subcontractors to provide, original certificates indicating the following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than one
hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001),
the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal
The Shelter for Abused Women & Children, Inc.
CD19-06
Restroom Rehabilitation Page 32
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.
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.T.M.A.
The Shelter for Abused Women & Children, Inc.
CD19-06
Restroom Rehabilitation
Page 33
0
EXHIBIT B
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: The Shelter for Abused Women & Children, Inc.
Subrecipient Address: P.O. Box 10102, Naples, FL 34101
Project Name: Restroom Rehabilitation
Project No; CD19-06 IDIS# Payment Request#
Total Payment Minus Retainage
Period of Availability: through
Period for which the Agency has incurred the indebtedness through
SECTION H: STATUS OF FUNDS
1. Grant Amount Awarded
2. Sum of Past Claims Submitted on this Account
3. Total Grant Amount Awarded Less Sum of Past Claims
Submitted on this Account
4. Amount of Today's Request
5. 10% Retainage Amount Withheld (if applicable)
$
6. Current Grant Balance (Initial Grant Amount Award
request) (includes Retainage) $
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief,
all grant requirements have been followed.
Signature
Title
Authorizing Grant Coordinator
Supervisor
(Approval required $15,000 and above)
The Shelter for Abused Women & Children, Inc.
CD19-06
Restroom Rehabilitation
Date
Authorizing Grant Accountant
Division Director
(Approval Required $15,000 and
above)
Page 34
EN
EXHIBIT C
QUARTERLY PERFORMANCE REPORT DATA
GENERAL -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. At COUNTY'S discretion, SUBRECIPIENT may be
required to enter the information collected on this exhibit into an online grant management system.
Agency Name: The Shelter for Abused Women & Date:
Children, Inc.
Project Title: Restroom Rehabilitation IDIS #:
Program Contact: Julie Franklin, Chief Operating Telephone Number: (239) 280-1350
Officer
Activity
Reporting Period
Report Due Date
October
10— December 3lst
January 1011
Janu
1st— March 3ls`
Aril10'h
April 1st
—Jure 30'
July 10'
Jul 1st
— September 30 ^
October 10t°
REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period):
12/31/19 3/31/20 6/30/20 9/30/20
Please note: The CDBG/HOME/ESG Program year begins October 1, 2019 — September 30, 2020. Each quarterly
report must include cumulative data beninninR from the start of the urogram Year October 1.2019.
1.
Please list the outcome goal(s) from your approved application and subrecipient agreement and indicate your
progress in meeting those goals since October 1, 2019.
for this eriod?
a.
Outcome Goals: list the outcome goal(s) from your approved application and subreci ient agreement
Section 108 Loan Guarantee $
CDBG
Outcome 1: Completion of restroom rehabilitation activities at the Shelter facility.
Other Consolidated Plan Funds $
Outcome 2: Documentation of National Objective achievement: LMC/Presumed Eligible Clientele — must
document that 51% of persons served are at low to moderate income.
$
Outcome 3:
ESG
b.
Goal Progress: Indicate the progress to date in meeting each outcome goal.
$
HOPWA
Outcome 1:
$
Outcome 2:
$
Outcome 3:
2.
Is this project still in compliance with the original project schedule: Yes No
If No, Explain:
3.
Since October 1, 2019; of the persons assisted, how many...
Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes
a. ...now have new access(continuing) to this service or benefit?
0
b. ...now have improved access to this service or benefit?
0
c. ...now receive a service or benefit that is no longer substandard?
0
Total
0
4.
What funding sources did the subreci fent apply
for this eriod?
Section 108 Loan Guarantee $
CDBG
$
Other Consolidated Plan Funds $
HOME
$
Other Federal Funds $
ESG
$
$
HOPWA
$
$
Total Entitlement Funds
$
The Shelter for Abused Women & Children, Inc.
CD19-06
Restroom Rehabilitation Page 35
q
5.
What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if
applicable? Answer question 5a or 5b; NOT both
For LMC activities: people, race/ethnicity, and income data are reported by persons.
For LMH activities: households, race/ethnicity, and income level are reported by households, regardless
the number of persons in the household.
7.
a.
Total No. Persons/Adults served
LMC
0 Total No. persons served under 18 (LMC) 0
YTD Total 0 YTD Total 0
Quarter Total No. of Persons
0 Quarter Total No. of Persons 0
a
Presumed Benefit Activities Onl LMC TR
b
Presumed Benefit Activities Only LMC ) YTD
ELI
0 Abused Children ELI
b.
Total No. of Households served
0 Total No. of female head of household (LMH) 0
6.
What is the total number of UNDUPLICATED clients served since October, if applicable?
Answer question 6a or 6b, NOT both
For LMC activities: race/ethnicity and income data are reported by persons.
7.
a. Total No. Persons/Adults served 0 Total No Persons served under 18 (LMC) 0
LMC
YTD Total; 0 YTD Total 0
b. Total No. Households served LMH 0 Total No. female head of household (LMH) 0
YTD Total 0 YTD Total 0
8.
Complete EITHER question 7 or 8, NOT both
Complete question 7a and 7b if your program onlyserves clients in one or more of the listed HUD Presumed
Benefit categories.
7.
PRESUMED BENEFICIARY DATA ONLY:
MCQuarter
PRESUMED BENEFICIARY DATA ONLY
LMC YTD
Indicate the total number of UNDUPLICATED
persons served this quarter who fall into each
presumed benefit category (the total should equal the
total in question #6a or W:
Indicate the total number of UNDUPLICATED persons
served since October 1 who fall into each presumed
benefit category (the total should equal the total in
question #6a or 6b):
Indicate the total number of UNDUPLICATED
persons served this Quarter who fall into each
income category (the total should equal the total
uestion #6):
a
Presumed Benefit Activities Onl LMC TR
b
Presumed Benefit Activities Only LMC ) YTD
ELI
0 Abused Children ELI
0
0 1 Abused Children ELI
0 Homeless Person ELI
0 Homeless Person ELI
0 Migrant Farm Workers LI
0 Migrant Farm Workers LI
0 Battered Spouses LI
0 Battered Spouses LI
0 Persons w/HIV/AIDS LI
0 Persons w/HIV/AIDS LI
0 Elderly Persons LI or MOD
0 Elderly Persons LI or MOD
0 Illiterate Adults LI
0 Illiterate Adults LI
0 Severely Disabled LI
Adults
0 Severely Disabled Adults LI
0 Quarter Total
0 YTD Total
8.
Complete question 8a and 8b if any client in your progrant
does not fall into a Presumed Benefit category.
Other Beneficiary Data: Income Range
Other Beneficiary Data: Income Range
Indicate the total number of UNDUPLICATED
persons served this Quarter who fall into each
income category (the total should equal the total
uestion #6):
in
Indicate the total number of UNDUPLICATED persons
served since October I (YTD) who fall into each income
category (the total should equal the total in question #6):
a
ELI
Extremely Low Income (0-30%)
0
b
ELI
Extremely Low Income (0-30"/0)
0
LI
Low Income (31-50%)
0
LI
Low Income
0
MOD
Moderate Income (51-80%)
0
MOD
Moderate Income (51-80%)
0
NON-
L/M
Above Moderate Income (>80%)
0.
NON-
L/M
Above Moderate Income (>80%)
0
Quarter Total
0
YTD Total
0
The Shelter for Abused Women & Children, Inc.
CD19-06
Restroom Rehabilitation Page 36
G�
9.
Racial & Ethnic Data if applicable)
Please indicate how many UNDUPLICATED
clients served this Quarter 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 in quection 6,question
Please indicate how many UNDUPLICATED clients
served since October (YTD) 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 in
i .
a. RACE ETHNICITY
/HISPANIC
b. RACE ETHNICITY
/HISPANIC
White 0 0
White 0 0
Black/African American 0 0
Black/African American 0 0
Asian 0 0
Asian 0 0
American Indian/Alaska Native 0 0
American Indian/Alaska Native 0 0
Native HaNvalian/Odler Pacific Islander 0 0
Native Hawaiian/Other Pacific Islander 0 0
Black/African American & White 0 0
Black/African American & White 0 0
American Indian/Alaska Native & 0 0
Black/African AmericanBlack/African
American Indian/Alaska Native & 0 0
American
Other Multi -racial 0 0
Other Multi -racial 0 0
0 0
0 0
Name:
Signature:
Title:
Your typed name here represents your electronic signature
The Shelter for Abused Women & Children, Inc.
CD19-06
Restroom Rehabilitation
Page 37
EDIT D
INCOME CERTIFICATION
INSTRUCTIONS
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
0.00
B. Assets: All Household Members, Including Minors
Member Asset Description
Cash Value Income
from Assets
1
2
3
4
5
6
7
8
0.00
Total Cash Value of Assets B(a) 0.00
Total Income from Assets B(b) 0.00
If line B(a) is greater than $5,000, multiply that amount by the rate specified
by HUD (applicable rate 0.06%) and enter results in B(c), otherwise leave
blank. B(c)
The Shelter for Abused Women & Children, Inc.
CD19-06
Restroom Rehabilitation
Page 38
Q'
A. 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
1
greater of
2
box B(b) or
3
box B(c),
in
above,
4
box C(e)
5
below)
6
7
8
Totals (a) (b)
(c)
(d)
(e)
0.00 0.00
0.00
0.00
Enter total of items C(a) through C(e).
0.00
This amount is the Annual Anticipated Household Income.
B. Recipient Statement: The information on this form is to be used to determine maximum
income for eligibility. Uwe have provided, for each person set forth in Item A, acceptable
verification of current and anticipated annual income. 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 foes and imprisonment provided under S. 775.082 and 775.083.
Signature of Head of Household
Signature of Spouse or Co -Head of Household
Adult Household Member (if applicable)
Adult Household Member (if applicable)
Date
Date
Date
Date
The Shelter for Abused W omen & Children, Inc.
CD19-06 O
Restroom Rehabilitation Page 39
G
A. 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:
❑ Extremely Low Income (ELI) Household means and individual or family whose annual income
does not exceed 301501^ of the Very Low Income (60 percent of VLI) 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 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
B. Household Data
Date
Title
Number of Persons
By Race Ethnicity B r Age
Native
American
Hawaiian or
0 -25
26-40
41-61
62+
Indian
Asian
Black
Other Pac.
White
Other
Islander
Hispanic
Non -
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.
The Shelter for Abused Women & Children, Inc.
CD19-06
Restroom Rehabilitation Page 40 CUT
U►l : : l l Y tl 1 ►1 Y 1: 1► 1"11
Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if
subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires
that all appropriate documentation is provided regarding your organization's compliance. In determining Federal
awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the
activity related to the Federal award occurs, including any Federal award provided by Collier County. The
determination of amounts of Federal awards expended shall be in accordance with the guidelines established by
established by 2 CFR Part 200, Subpart F —Audit Requirements. This form may be used to monitor Florida Single
Audit Act Statute 215.97 requirements.
Subrecipient
Name
The Shelter for Abused Women & Children, Inc. (SAWCC)
First Date of Fiscal Year MM/DD/YY
Last Date of Fiscal Year MM/DD/YY
Total Federal Financial Assistance Expended
Total State Financial Assistance Expended during
during most recently completed Fiscal Year
most recently completed Fiscal Year
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has
been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed
or will be completed by . Copies of the audit report and management letter
are attached or will be provided within-50—days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑ Are a for-profit organization
❑ Are exempt for other reasons —explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit report. While we
El
understand that the audit report contains a written response to the finding(s), we are
requesting an updated status of the corrective action(s) being taken. Please do not provide
just a copy of the written response from your audit report, unless it includes details of the
actions, procedures, policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature
Date
Print Name and Title
06/18
The Shelter for Abused Women & Children, Inc.
CD19-06
Restroom Rehabilitation Page 41
FAIN #
B -19 -UC -12-0016
Federal Award Date
Est, 10/2019
Federal Award Agency
HUD
CFDA Name
Community
Development Block
Grant
CFDA/CSFA#
14.218
Total Amount of Federal
Funds Awarded
$200,000.00
Subrecipient Name
Legal Aid Service of
Broward County, Inc.
d/b/a Legal Aid Service
of Collier County, Inc.
DUNS#
844481478
FEIN
59-1547191
R&D
No
Indirect Cost Rate
No
Period of Performance
10/01/2019-12/31/2020
Fiscal Year End
12/31
Monitor End:
12/2025
AGREEMENT BETWEEN COLLIER COUNTY
AND
LEGAL AID SERVICE OF BROWARD COUNTY, INC.
DB/A LEGAL AID SERVICE OF COLLIER COUNTY, INC.
THIS AGREEMENT is made and entered into this day of 20, by and
between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having
its principal address at 3339 E Tamiami Trail, Naples FL 34112, and Legal Aid Service of Broward County,
Inc. d/b/a Legal Aid Service of Collier County, Inc., ("SUBRECIPIENT"), having its principal office at
4436 Tamiami Trail East, Naples 34112.
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 2019-2020 for the CDBG Program with
Resolution 2019- on June 25, 2019 — Agenda Item ; and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans, the County advertised the 2019/2020 Annual
Action Plan, on May 24, 2019, with a 30 -day Citizen Comment period from May 24, 2019 to June 25, 2019;
and
Legal Aid Service of Broward County, Inc.
d/b/a Legal Aid Service of Collier County, Inc.
CD19 -09
Facility Improvements Pagel �d�
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 the undertaking the CDBG CD19-08 Facility Improvements.
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
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 provided herein and, as determined by Collier County
Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as
follows:
Project Name: Facility Improvements
Description of project and outcome:
CHS, as administrator of the CDBG program, will make available CDBG funds up to the gross
amount of $200,000.00 to Legal Aid of Collier County to fund: Improvements to Legal Aids main
facility in Naples may include but not be limited to the following: Installation of a total roof retrofit;
repairs and repaving of the parking lot; and installation of an automatic back gate, however,
The project will be defined in the project plans, specification and schedule of values.
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, if applicable.
ititi77._►�I[•\►1�.7DStFI\3i1�7�17i
A. Within sixty (60) calendar days of the execution of this agreement, the SUBRECIPIENT
must deliver to CHS for approval a detailed project schedule for the completion of the
project, excluding Public Service projects.
B. The following resolutions and policies must be submitted by SUBRECIPIENT within sixty
(60) days of this agreement
® Affirmative Fair Housing Policy
® Affirmative Action/ Equal Opportunity Policy
® Conflict of Interest Policy
® Procurement Policy
Legal Aid Service of Broward County, Inc.
d/b/a Legal Aid Service of Collier County, Inc.
CD19-08
Facility Improvements
Paget
d
❑ Uniform Relocation Act Policy
M Sexual Harassment Policy
Z Procedure for meeting the requirements set forth in Section 3 of the Housing and
Urban Development Act of 1968, as amended (12U.S.C. 794 1 u)
® Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
® Fraud Policy
C. Environmental Review Requirement (ERR) - No program costs can be incurred until an
environmental review of the proposed project is completed and approved. Further, the
SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance
of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the
denial of any reimbursement of funds under this Agreement.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Description
Federal Amount
Project Component I: Improvements to Legal Aids main facility in Naples may
$200,000
include but not be limited to the following: Installation of a total roof retrofit; repairs
and repaving of the parking lot; and installation of an automatic back gate; however,
roject to be defined in the ro'ect s ecs and plans
Total Federal Funds:
$200,000
The Subrecipient will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
® Maintain and provide to the County, as requested, beneficiary income certification
documentation
® Maintain and provide National Objective Documentation
Provide Quarterly Reports on National Objective and project progress
® Required attendance by a representative from executive management at scheduled
partnership meetings, as requested by CHS.
Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation.
® Identify Lead Project Manager
® Provide Site Design and Specifications
Comply with Davis Bacon Labor Standards
Comply with Section 3 and maintain documentation
® Provide certified payroll weekly throughout construction and rehabilitation
❑ Comply with Uniform Relocation Act (URA), if necessary
❑ Ensure applicable numbers of units are Section 504/ADA accessible
Ensure the applicable affordability period for the project is met
Legal Aid Service of Broward County, Inc.
d/b/a Legal Aid Service of Collier County, Inc.
CD19 -08
Facility Improvements Page 3 �-a�
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:
❑
LMA
— Low/Mod Area Benefit
Z
LMC
— Low/Mod Clientele Benefit
❑
LMH
— Low/Mod Housing Benefit
❑
LMJ —
Low/Mod Job Benefit
LMA: Must document where at least 51 percent of the residents are LMI persons based on
HUD determined eligible census tracts. Failure to achieve the national objective under this
agreement will require repayment of the CDBG investment under this agreement.
LMC: Must document that at least 51 percent of persons served, are low to moderate
income persons or households, in order to meet a CDBG National Objective. Failure to achieve the
national objective under this agreement will require repayment of the CDBG investment under this
agreement.
LMH: Must document providing or improving permanent residential structures, which
upon completion will be occupied by LMI households. Structures with three or more units must
have at least 51 percent occupied by LMI households and structures with less than three units must
be occupied by 100 percent LMI households. Failure to achieve the national objective under this
agreement will require repayment of the CDBG investment under this agreement.
LMS: Must document job creation and retention. The LMI benefit national objective
addresses activities designed to create or retain permanent jobs, at least 51 percent of which
(computed on a full-time equivalent basis) will be made available to or held by LMI persons.
Failure to achieve the national objective under this agreement will require repayment of the CDBG
investment under this agreement.
C. Performance Deliverables
Program Deliverable
Deliverable Supporting
Submission Schedule
Documentation
Special Grant Condition Policies
Policies as stated in this
Within sixty (60) days of
Section 1.1)
agreement
agreement execution
Insurance
Insurance Certificate
Within 30 days of agreement
execution and Annually within
th' 30 da s of renewal
Detailed Project Schedule
Project Schedule
Within sixty (60) days of
a reement execution
Project Plans and Specifications
Site Plans and Specifications
Prior to procurement
Subcontractor Log
Subcontractor Log
Initially at construction start,
and quarterlythereafter
Submission of Progress Report
Exhibit C
Quarterly within 10 days
following the end of the quarter.
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D. Payment Deliverables
Payment Deliverable
Payment Supporting Documentation
Final report due 60 days after
Project Component 1:
Submission of supporting documents
agreement ends
Section 3 Report
Quarterly report of new hire
Quarterly
facility in Naples may include but
information
Davis -Bacon Act Certified
Weekly Certified Payroll
Within 21 days of receipt
Payroll
reports, forms and supporting
repairs and repaving of the
parking lot; and installation of an
documentation
Financial and Compliance Audit
Audit, Management Letter and
Nine (9) months after FY end
project to be defined in the project
Exhibit E
for Single Audit OR one
specs and plans
total grant award or project costs
hundred eighty (180) days after
whichever is lower upon proof of proper
FY end
Continued Use Certification
Continued Use Affidavit, if
Annually; for five (5) years after
applicable
meeting the National Objective
Revenue Plan for maintenance
Plan approved by the County
Initial Plan due after completion
and Capital Reserve
monitoring clearance and meeting a
of construction. Annually;
National Objective
through the period of continued
For clarity, the County will not withhold
use
Program Income Reuse Plan
Plan Approved by the County
Not Applicable
D. Payment Deliverables
Payment Deliverable
Payment Supporting Documentation
Submission Schedule
Project Component 1:
Submission of supporting documents
Submission of
Improvements to Legal Aids main
must be provided as backup as evidenced
monthly invoices.
facility in Naples may include but
by, banking documents, completed AIA
not be limited to the following:
G702-1992 form, or equivalent document
Installation of a total roof retrofit;
per contractor's Schedule of Values and
repairs and repaving of the
parking lot; and installation of an
any additional documents as needed.
automatic back gate; however,
project to be defined in the project
The County will pay up to 90% of the
specs and plans
total grant award or project costs
whichever is lower upon proof of proper
payment.
The remaining 10% of the award or
Following close out
project costs will be released upon final
monitoring
monitoring clearance and meeting a
National Objective
For clarity, the County will not withhold
10% on each payment, rather, the last
10% will only be paid as previously
specified.
Final 10 percent of award amount will be paid upon completion of final monitoring clearance and
documentation of meeting the National Objective. Failure by the subrecipient to achieve the National
Objective will require repayment of the CDBG investment under this agreement.
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1.3 PERIOD OF PERFORMANCE
Services of the Subrecipient shall start on October 1, 2019 and shall end on December 31, 2020.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available (Two Hundred Thousand) Dollars ($200,000.00) for use
by the SUBRECIPIENT, during the term of the agreement (hereinafter, shall be referred to as the
"Funds").
Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund
shifts among line items shall not be more than 10 percent of the total funding amount and does not
signify a change in scope. Fund shifts that exceed 10 percent of the agreement amount shall only
be made with Board approval.
The County shall reimburse the SUBRECIPIENT for the performance of this agreement upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible
costs, and all disbursement requests must be limited to the amount needed at the time of the
request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations
incurred during the term of this agreement. Invoices for work performed are required every month.
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 may be required if two
consecutive months of $0 invoices are submitted. Payments shalt be made to the SUBRECIPIENT,
when requested, as work progresses but, not more frequently than once per month. Reimbursement
will not occur if Subrecipient fails to perform the minimum level of service required by this
agreement.
Final invoices are due no later than 90 days after the end of the agreement. Work performed during
the term of the program but not invoiced within 90 days after the end of the agreement may not be
processed without written authorization from the Grant Coordinator.
The County Manager or designee may extend the term of this agreement fora period of up to 180
days after the end of the agreement. Extensions must be authorized, in writing, by formal letter to
the SUBRECIPIENT.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requirements. Except where disputed for noncompliance,
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."
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1.5 COST PRINCIPLES
Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost
allowability found at 2 CFR 200 Subpart E -Cost Principles. For the purposes of this section
(Section 1.5 -Cost Principles) of this agreement, SUBRECIPIENT is defined as a described in 2
CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under this
Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed
specifically to the projects referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT
must provide adequate documentation for validating costs incurred. Payments to
SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the
procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by
the SUBRECIPIENTS and Contractors shall comply with 2 CFR Subpart E -Cost Principles. A
Developer is not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart
E and may impose requirements upon the Developer, in order for the COUNTY to remain
compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal
controls and maintain necessary source documentation for all costs incurred and adhere to any other
accounting requirements included in this agreement.
1.6 NOTICES
Notices required by this agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, 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: Rose Munoz, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: Rosa. Munoz @colliercountvfl.gov
Telephone: (239) 252-5713
SUBRECIPIENT ATTENTION: Jeff Ahren, Director of Development/Pro Bono
Coordinator
4436 Tamiami Trail East,
Naples, Florida 34112
Email: Jahren(a leealaid.org
Telephone: (239) 298-8130
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PART H
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.
Any deficiencies noted in audit reports must be fully cleared by the 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.
The determination of amounts of Federal awards expended shall be in accordance with guidelines
established by 2 CFR Part 200, Subpart F -Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 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 is not 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 this
agreement shall be made available to the COUNTY, by the SUBRECIPIENT, at any time,
upon request by the COUNTY or CHS. Materials identified in the previous sentence shall
be in accordance with generally accepted accounting principles (GAAP), procedures and
practices, which sufficiently and properly reflect all revenues and expenditures of funds
provided directly or indirectly by this agreement, including matching funds and Program
Income. These records shall be maintained to the extent of such detail as will properly
reflect all net costs, direct and indirect labor, materials, equipment, supplies and services,
and other costs and expenses of whatever nature for which reimbursement is claimed under
the provisions of this agreement.
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D. Upon completion of all work contemplated under this agreement, copies of all documents
and records relating to this agreement shall be surrendered to CHS, if requested. In any
event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a
readily accessible, permanent, and secured location for five (5) years after the date of
submission of the annual performance and evaluation report, as prescribed in 2 CFR
200.333, with the following exception: if any litigation, claim, or audit is started before the
expiration date of the five (5) year period, the records will be maintained until all litigation,
claim, or audit findings involving these records are resolved. The COUNTY shall be
informed, in writing, if an agency ceases to exist after closeout of this agreement of the
address where the records are to be kept, as outlined in 2 CFR 200.336. The
SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at
no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon
termination of the contract and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible with the
information technology systems of the COUNTY.
IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT 239-252-68329
Michael.Coxna colliercountyfl.gov, 3299 Tamiami Trail E, Naples
FL 34112.
E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of
1931, 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. SUBRECIPIENT will be responsible for the creation and maintenance of income eligible
files on clients served and documentation that all households are eligible under HUD
Income Guidelines. The SUBRECIPIENT agrees that CHS shall be the final arbiter on the
SUBRECIPIENT's compliance.
G. SUBRECIPIENT shall document how the National Objective(s), as defined in 24 CFR
570.208 and the eligibility requirement(s) under which funding has been received, have
been met. These also include special requirements, such as necessary and appropriate
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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 COUNTY would provide the records and at a cost that does not
exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized
by 2 CFR 200.336 and 2 CFR 200.337. COUNTY agrees that nothing in this Agreement
shall be construed as requiring Legal Aid as SUBRECIPIENT to give access to any
personal identifying information which is protected by the Attomey-Client privilege or by
the provisions of the Rules of Professional Conduct of the Rules Regulating the Florida
Bar relating to an attorney's obligation to preserve the confidences or secrets of a client.
2.3 MONITORING
During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to
the COUNTY no later than nine (9) months after the Single Audit (or one hundred eighty (180)
days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT'S fiscal year end.
The COUNTY will conduct an annual financial and programmatic review.
SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desk top
review of the activities may be conducted in lieu of an on-site visit. The continuation of this
agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the
request of CHS, submit information and status reports required by CHS or HUD to enable CHS to
evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall
allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or
unscheduled, as determined by CHS or HUD.
COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud,
waste, abuse, or non-performance, based on goals and performance standards, as stated, with all
other applicable laws, regulations, and policies governing the funds provided under this agreement
further defined by 2 CFR 200.331. Substandard performance, as determined by the COUNTY, will
constitute noncompliance with this agreement. If corrective action is not taken by the
SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract
suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD,
the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the
COUNTY'S internal auditor(s) access to all records related to performance of activities in this
agreement.
2.4 PREVENTION OF FRAUD AND ABUSE
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SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient
to prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this
agreement and to provide for the proper and effective management of all Program and Fiscal
activities of the agreement. SUBRECIPIENT's internal control systems and all transactions and
other significant events shall be clearly documented, and the documentation shall be readily
available for monitoring by COUNTY.
SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees,
and agents for the purpose of monitoring or investigating the performance of the Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent
waste, fraud, and abuse.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this Agreement, or of any law or regulation to COUNTY or to any
appropriate law enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this contract. Penalties may be imposed for failures to implement or to make
acceptable progress on such corrective action plans.
In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation
policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant
funds from CHS. CHS's policy for escalation for non-compliance is as follows:
1. Initial non-compliance may result in Findings or Concerns being issued to the
SUBRECIPIENT, which will require a corrective action plan be submitted to the
COUNTY within 15 days following issuance of the report.
• Any pay requests that have been submitted to the COUNTY for payment will
be held until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to the
SUBRECIPIENT, as needed, in order to correct the non-compliance issue.
2. If in the case SUBRECIPIENT fails to submit the corrective action plan in a timely
manner to the COUNTY, the COUNTY may require a portion of the awarded grant
amount be returned to the COUNTY.
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• The COUNTY may require upwards of five percent (5%) of the award amount
be returned to the COUNTY, at the discretion of the Board of County
Commissioners.
• The entity may be denied future consideration as set forth in Resolution No.
2013-228.
3. If in the case SUBRECIPIENT continues to fail to correct the outstanding issue or
repeats an issue that was previously corrected and has been informed by the
COUNTY of their substantial non-compliance by certified mail; the COUNTY
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
COUNTY.
• The COUNTY may require upwards often percent (10%) of the award amount
be returned to the COUNTY, at the discretion of the Board of County
Commissioners.
• The SUBRECIPIENT will be considered in violation of Resolution No. 2013-
228.
4. If in the case, after repeated notification, SUBRECIPIENT continues to be
substantially non-compliant, the COUNTY may recommend the contract or award
be terminated.
• The COUNTY will make a recommendation to the Board of County
Commissioners to immediately terminate the agreement or contract. The
SUBRECIPIENT will be required to repay all funds disbursed by the
COUNTY for the project that was terminated. This includes the amount
invested by the COUNTY for the initial acquisition of properties or other
activities.
• SUBRECIPIENT will be considered in violation of Resolution No. 2013-228.
If in the case SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be
non-compliant, the above sanctions may be imposed across all awards at the BCC's discretion.
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this agreement, and on the resolution of monitoring findings identified pursuant to this
agreement, as deemed necessary by the County Manager or designee.
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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 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
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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0
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; (2) the SUBRECIPIENT does not assume the recipient's
responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) the
SUBRECIPIENT is 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 laws, regulations, and policies governing the funds provided under this agreement.
The SUBRECIPIENT further agrees to utilize funds available under this agreement to supplement
rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating
or establishing the relationship of 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.
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 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.
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
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activities to be undertaken as part of this agreement, such modifications will be incorporated only
by written amendment, signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from 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, or the reduction of funds awarded by HUD to
Collier County, to a level, determined by the County Manager, to be insufficient to adequately
administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all
or any portions of the funds will not be available. In either event, the COUNTY may terminate this
agreement, which termination shall be effective as of the date that it is determined by the County
Manager or designee, in his/her sole discretion and judgment, that the funds are no longer available.
In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to
hold the COUNTY, nor any individual member of the County Commissioners and/or County
Administration, personally liable for the performance of this agreement, and the COUNTY shall
be released from any further liability to SUBRECIPIENT under the terms of this agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act, 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 there-
on. 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 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, whether printed or digitally prepared and released by the SUBRECIPIENT for, on
behalf of, and/or about the Program shall include the statement:
"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (I") AND COLLIER COUNTY COMMUNITY AND HUMAN
SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team, as well as
Equal Housing Opportunity, to the general public. Construction signs shall comply with applicable
COUNTY codes.
3.8 DEFAULTS, REMEDIES, AND TERMINATION
In accordance with 2 CFR 200.339, this agreement may also be terminated for convenience by
either the COUNTY or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for
such termination, the effective date, and, in the case of partial terminations, the portion to be
terminated. However, if in the case of a partial termination, the COUNTY determines that the
remaining portion of the award will not accomplish the purpose for which the award was made, the
COUNTY may terminate the award in its entirety.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
agreement:
A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or
such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as
may become applicable at any time.
B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its
obligations under this agreement.
C. Ineffective or improper use of funds provided under this agreement.
D. Submission by the SUBRECIPIENT to the COUNTY 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.
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
that SUBRECIPIENT has received under this agreement.
D. Apply sanctions, if determined by the COUNTY to be applicable.
E. Stop all payments, until identified deficiencies are corrected.
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 fiords, 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. Regulations regarding real property are
subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7).
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" and 2 CFR 200.310, has been obtained, and said
insurance shall be carried, at all times, during SUBRECIPIENT's performance under the
agreement.
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, Cost Principles and
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Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the
Community Development Block Grant (24 CFR 570 et seq.).
3.12 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through
.326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing
thresholds are:
Range:
Competition Required
$0-$3,000
Single Quote with documentation
$3,000 - $50,000
13 Written Quotes
$50,000+
1 Formal Solicitation ITB, RFP, etc.
All improvements specified in Part I. Scope of Work shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding, under a procedure acceptable to the
COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts for
improvements with the lowest, responsible and qualified bidder. Contract administration shall be
handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records
and documents related to the project.
3.13 PROGRAM GENERATED INCOME
No Program Income is anticipated. In the event Program Income is derived from the use of CDBG
funds disbursed under this agreement, such Program Income shall be utilized by the
SUBRECIPIENT for CDBG-eligible activities, approved by COUNTY. 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 accordingly, and shall be in
compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When
program income is generated by an activity that is only partially assisted with CDBG funds,
the income shall be prorated to reflect the percentage of CDBG funds used. In the event there
is a program income balance at the end of the Program Year, such balance shall revert to the
COUNTY's Community Block Grant Program, for further reallocation.
Public Facilities and Improvements: Public facilities that are acquired, constructed, rehabilitated,
or otherwise improved with CDBG funds are subject to this requirement. This includes parks,
libraries, community centers, and any other facility whose primary purpose is a public one. For
these facilities, program income is the income generated by the use of the facility, less the operating
costs associated with generating the income. The COUNTY considers utilities, property insurance,
and facility maintenance to be operating costs that should be subtracted from revenue to determine
net program income. For each funded project, the SUBRECIPIENT must submit for the
COUNTY's approval a list of proposed costs incidental to the generation of the program income.
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Additionally, real property under the SUBRECIPIENT'S control that was acquired or improved,
in whole or in part, with CDBG funds shall be used to meet one of the CDBG National Objectives
pursuant to 24 CFR 570.208, during the continued use period, as referenced in section 3.14 (Grant
Closeout Procedures) of this agreement. If the SUBRECIPIENT sells, transfer, disposes of, or
otherwise fails to continue to use the CDBG-assisted real property in a manner that meets a CDBG
National Objective, the SUBRECIPIENT shall pay the COUNTY an amount equal to a percentage
of the current fair market value of the property, after subtracting disposal costs. Such percentage
shall have as its basis, the percentage of the appraised value attributable to CDBG and non-CDBG
funds expended for the original acquisition of, or improvement to, the property under the terms of
this agreement. Such payment shall constitute program income to the COUNTY.
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 continued use period has been met (for public services, "after the expiration of the
Agreement"). The continued use period shall commence with the later of the Subrecipient meeting
the National Objective or the recording of lien and/or deed restriction documentation). Activities
during this closeout period shall include, but are not limited to making final payments, disposing
of program assets (including the return of all unused materials, equipment, program income
balances, and receivable accounts to the COUNTY), and determining the custodianship of records.
hi addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with
Section 119.021, Florida Statutes regarding records maintenance, preservation, and retention. A
conflict between state and federal 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 that have been advanced or paid must be returned to the COUNTY. Any funds
paid exceeding the amount SUBRECIPIENT is entitled to 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. Closeout procedures must
take place in accordance with 2 CFR 200.343.
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
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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 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 51 percent of the beneficiaries of a project funded through this agreement must be low -
and moderate- income persons or presumed to be low- to moderate- income persons based on
applicable regulation, if the agreement is meeting a national objective through a LMI strategy. If
the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide,
more than 30 percent 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 funds. The Affirmative Action will need to be updated throughout the continued use
period and must be 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
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or degree with the performance of this agreement, and that no person having any conflict of interest
shall be employed by or subcontracted by SUBRECIPIENT. The SUBRECIPIENT covenants that
it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", 2 CFR 200.318, and
the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest.
The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person, or an entity
owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval
of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not
intended to limit SUBRECIPIENT's ability to self -manage the projects using its own employees.
Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its
contractors shall be disclosed, in writing, to CHS provided, however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low- and moderate -
income residents of the project target area.
3.20 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 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
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funded religious congregation uses as its principal place of worship, however, are ineligible
for CDBG funded improvements.
3.21 INCIDENT
If services to clients are to be provided under this agreement, the SUBRECIPIENT and any
subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of
a child, aged person, or disabled adult to the COUNTY.
3.22 SEVERABILITY
Should any provision of the agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
https•//www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title24/24efr570 main 02.1pl
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
https://www.eefr.gov/cgi-bin/text-idx?ipl=/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
1974 as amended
https://portal.hud.gov/hudportaVRUD?src=/program offices/fair housing equal opp/FHLaws/10
9
4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing
Act.
http://www.hud.aoy/offices/f ieo/library/huddoistatement.pdfl tps://www.hud.gov/proms offic
es/fair housing equal opp/ReasonableAccommodationsl5
Executive Order 11063 — Equal Opportunity in Housing
httos://www.hud.izov/Droeram offices/fair housing equal opp/FHLaws/EX011063
Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs
httos://www.archives. gov/federal-register/codification/executive-order/ 12259.html
24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.0
https://www.law.comell.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 https://www.hud.gov/programdescription/title6
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.
https://www.gpo.goy/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-sec570-
602Tpdf
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:
https•//wwwhudgov/program offices/fair housing equal onn/FHLaws/EX011246
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
Affirmative Action employer.
h!Ltps://www.hud.gov/propramdescription/title6
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 Subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the agreement through which Federal
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
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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hMs://www.hud.izov/sites/documents/DOC 12047.PDF
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
https://www ecfr gov/cmi-bin/text-idxyc=ecfr&tpl=/eefrbrowse/Title24/24efrl35 main 02 tpll
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
https://www.hud.gov/program offices/fair housing equal opp/FHLaws/109
https://portal hud ovg /hudportaUHUD?src=/propxam offices/fair housing equal opp/FHLaws/E
X011063
11246: https://www.dol.gov/ofccp/regs/statutes/eol1246.htm
11375: Amended by EO 11478
11478: https•//www archives gov/federal-register/codification/executive-order/I1478.html
12107: https://www.archives.gov/federal-register/codification/executive-order/12107.htmi
12086: https•//www archives.gov/federal-register/codification/executive-order/12086.html
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
hitps://www.dol.gov/whd/regs/statutes/safe0l.pd
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K.
Section 504: https://www.epa.gov/civilrights/sec504.htm
29 USC 776: hnps:Hlaw.oneele.com/uscode/29/776.html
24 CFR 570.614: https://www.law.comell.edu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990: https://www.htid.gov/hudprograms/eohudap
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
https://www fhwa dot. ovg /real estate/uniform act/index.cfm
4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects, 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
https://www.law.cornell.edu/cfr/tcxt/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)
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bitps://www.law.cornell.edu/cfr/text/29/Tart-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally
assisted projects. httos://www.presidency.ucsb.edu/ws/index.php?pid=23675
4.16 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 - which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise.
haps://www. archives. gov/federal-register/codification/executive-order/ 11625.html
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: httos://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vol3/pdf/CFR-2010- title24-
vol3-sec570-608.ndf
E.O. 13279: htto://www.fedgovcontracts.com/pe02-96.htm
4.18 Public Law 100-430 - the Fair Housing Amendments Act of 1988.
https://www.ncbi.nim.nih.izov/pubmed/12289709
4.19 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
haps://www.ecfr.gov/cgi-bin/text-idx?ipl=/ecfrbrowse/Title02/2cfr200 main 02.VI
4.20 Immigration Reform and Control Act of 1986
https://www.ceoc.gov/eeoc/history/35th/thelaw/irca.html
4.21 Prohibition of Gifts to County Employees - No organization or individual shall offer or give, either
directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any County
employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance
No. 2004-05, as amended, and County Administrative Procedure 5311.
Florida Statutes-
https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii
Collier County-
http://www.collierizov.net/home/showdocument?id=35137
4.22 Order of Precedence - In the event of any conflict between or amongthe 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
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by application of the Supplemental Conditions, if any, or the agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
4.23 Venue -Any suit of action brought by either party to this agreement against the other party, relating
to or arising out of this agreement, must be brought in the appropriate federal or state courts, in
Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required
for this item).
4.24 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes. The litigation arising out of this agreement shall be adjudicated in Collier County, Florida,
if in state court and the US District Court, Middle District of Florida,, if in federal court. BY
ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
hftps://www.flscnate.gov/Laws/Statutes/2012/44.102
4.25 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. httns://www.law.comell.edu/uscode/text/42/7401
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
hftps://www.law.coniell.edu/uscode/text/33/chapter-26
4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 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.
httns://www.law.comell.edu/cfr/text/24/570.605
4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to the HUD Lead- Based Paint Poisoning
Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo.gov/fdus/granule/CFR-
2000-title24-vol3/CFR-2000-title24-vola-sec570-608-id 163
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4.28 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this agreement.
https://www.nps.lzov/histoM/local-law/nhpal966.htm
https://www.ecfr.gov/cLzi-bin/text- idx?c=ecfr&tp1=/ecfrbrowse/Title36/36cfr800 main 02.tyl
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.
littps://www.nps.i4ov/histqM/local-law/nhpal966.htm
4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with
the Drug -Free Workplace Act of 1988 (41 USC 701).
https•//www.gpo.gov/fdsys/granule/USCODE-2009-title4l/USCODE-2009-title4l-chapl0-
sec701
4.30 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not
knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from participating in this covered transaction as outlined in 24
CFR 570.609, Subpart K.
https://www.law.comefl.edu/cfr/text/24/570.609
4.31 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable
and agrees to adhere to the accounting principles and procedures required therein, utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred. These
requirements are enumerated in 2 CFR 200, et seq.
4.32 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be
submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The
SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500, Subrecipients exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S
fiscal year. Per 2 CFR 200.344, if this agreement is closed out prior to the receipt of an audit report,
the COUNTY reserves the right to recover any disallowed costs identified in an audit after such
closeout.
https://www.eefr. goy/egi-bin/text-
idx?SID=5 a78addefff9a535e83fed3010308aef&mc=true&node=se2.1.200 1344&rgn=div8
4.33 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation
Legal Aid Service of 6roward County, Inc.
d/b/a Legal Aid Service of Collier County, Inc.
CD19-08
Facility Improvements Page 28
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 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.
httns://www.gpo.eov/fdsys/granule/CFR-1999-title49-vol l/CFR-1999-title49-vol l-sec24-101
httns://www.gpo.gov/fdsys/granule/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-505
4.34 As provided in § 287.133, Florida Statutes, by entering into this agreement or performing any work
in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.
This notice is required by § 287.133 (3) (a), Florida Statutes.
http://www.leg.state.fl.us/Statutes/index.cfin?App mode=Display Statute&Search String—&UR&UR
L=0200-0299/0287/Sections/0287.133.html
4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress, in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions. The undersigned shall require that the language of
this certification be included in the award documents for all sub -awards at all tiers (including
subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem
rates in effect at the time of travel.
httns://www. sg a.¢ov/portaUcontent/104877
4.37 Equal access in accordance with the individual's gender identity in community planning and
development programs, per 24 CFR 5.106.
httns://www.govregs.com/regulations/expand/title24 part5 subpartA section5.106
4.38 Housing Counseling, including homeownership counseling or rental housing counseling, as defined
in §5.100, required under or provided in connection with any program administered by HUD shall
Legal Aid Service of Broward County, Inc.
d/b/a Legal Aid Service of Collier County, Inc.
CD19 -08
Facility Improvements
Page 29
C_1e
be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214
to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=e339ece9fdfd1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&r t—g<div6
https://www.law.comell.edu/cfr/text/24/5.111
4.39 HUD Final Rule — Implementation of the Violence Against Women Reauthorization Act of 2013
which applies for all victims of domestic violence, dating violence, sexual assault, and stalking,
regardless of sex, gender identity, or sexual orientation, and which must be applied consistent
with all nondiscrimination and fair housing requirements.
https://www.federaire ister.gov/documents/2016/11/16/2016-25888/violence-against-women-
reauthorization-act-of-2013-implementation-in-hud-housing_pro rg ams
4.40 Any rule or regulation determined to be applicable by HUD.
4.41 Florida Statutes 713.20, Part 1, Construction Liens
https://www.leg.state.fl.us/Statutes/index.cftn?App mode=Display Statute&URL=0700-
0799/0713/0713.htm1
4.42 Florida Statutes 119.021 Records Retention
bgp://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.021.html
4.43 Florida Statutes, 119.071, Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfin?App mode --Display Statute&URL=0100-
0199/0119/Sections/0119.021.html
(Signature Page to Follow)
Legal Aid Service of Broward County, Inc.
d/b/a Legal Aid Service of Collier County, Inc.
CD19 -08
Facility Improvements
Page 30
IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have, each respectively, by an
authorized persou of agent,.he•eunder set then; liands.and seals on the date first written above.
ATTEST:
CRYSTAL K. KINZEL, CLERIC
, Deputy Clerk
Dated:
(SEAL)
Approved alto form and legality:
Jennifer A. Belpedo
Assistant CountyZ • y
--
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
WILLIAIviL. McDANIEL, 7R., CHAIRMAN
Date:
LEGAL AID SERVICE OF BROWARD COUNTY,
INC, d/b/a LEGAL AID SERVICE OF COLLIER
COUNTY, INC.
%---ANTHONY J. XA"AT, ESQ., EXECUTIVE
DIRECTOR
Date: /�� Ll
Legal Aid Service of cPage 31oward County, Inc. O
Legal Aid Service of Collier County, Inc
CDD CSO
CD19-08
Facility Improvements
PART V
EXHIBITS
EXHIBIT A
I
11 It u I II�Y If:
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339
E. Tamiami Trail; Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
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.
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.
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 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
Legal Aid service of eroward County, Inc.
d/b/a Legal Aid service of Collier County, Inc.
CD19 y Improvements mprovements Page 32 9
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.
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.
Legal Aid Service of Broward County, Inc.
d/b/a Legal Aid Service of Collier County, Inc.
CD19-08
Y
Facility Improvements
Page 33
EXHIBIT B
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of
Collier County, Inc.
Subrecipient Address: 4436 Tamiami Trail East, Naples, FL 34112
Project Name: Facility provements
Project No: CD 19-08 IDIS# Payment Request #
Total Payment Minus Retainage
Period of Availability: 10/1/19 through 04/30/21
Period for which the Agency has incurred the indebtedness through
SECTION H: STATUS OF FUNDS
1. Grant Amount Awarded $
2. Sum of Past Claims Submitted on this Account $
3. Total Grant Amount Awarded Less Sum of Past Claims
Submitted on this Account $
4. Amount of Today's Request $
5. 10% Retainage Amount Withheld (if applicable) $
6. Current Grant Balance (Initial Grant Amount Award
request) (includes Retainage) $
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief,
all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor Division Director
(Approval required $15,000 and above) (Approval Required $15,000 and
above)
Legal Aid Service of Broward County, Inc.
d/b/a Legal Aid Service of Collier County, Inc.
CD19-0g 9
Facility Improvements Page 34
EXHIBIT C
QUARTERLY PERFORMANCE REPORT DATA
GENERAL -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. At COUNTY's discretion, SUBRECIPIENT may be
required to enter the information collected on this exhibit into an online grant management system.
Agency Name: Legal Aid Service of Broward County, Inc. Date:
d/b/a Legal Aid Service of Collier County, Inc.
Project Title: Facility Improvements IDIS #:
Program Contact: Jeff Ahren Telephone Number': (239) 298-8130
Activity
Reporting Period
Report Due Date
October
1"—December 315'
January 10"
January
1st— March 3lst
April 1011
Alin l Ist—June
30th
July 10`"
Jul lst —
September 30'
October 10'
REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period):
12/31/19 3/31/20 6/30/20 9/30/20
Please note: The CDBG/HOME/ESG Program year begins October 1, 2019 — September 30, 2020. Each quarterly
report must include cumulative data beginningg from the start of the program year October I, 2019.
1.
Please list the outcome goal(s) from your approved application and subrecipient agreement and indicate your
mess in meeting those goals since October 1, 2019.
a.
Outcome Goals: list the outcome goal(s) from your approved application and subreci ient agreement
Other Consolidated Plan Funds $ HOME
Outcome 1: Complete improvement activities — 800 persons will benefit from the improvements.
Other Federal Funds $ ESG
Outcome 2: Documentation that at least 51% of persons served are low to moderate income or presumed benefit
to meet a CDBG LMH/LMC National Objective
$ HOPWA
Outcome 3:
b.
Goal Progress: Indicate the progress to date in meeting each outcome goal.
Outcome 1:
Outcome 2:
Outcome 3:
2.
Is this project still in compliance with the original project schedule: Yes No
If No, Ex lain:
3.
Since October 1, 2019; of the persons assisted, how many...
Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes
a. ...now have new access(continuing) to this service or benefit?
0
b. ...now have improved access to this service or benefit?
0
C. ...now receive a service or benefit that is no longer substandard?
0
Total
0
4.
What funding sources did the subreci ient apply for this eriod?
Section 108 Loan Guarantee $ CDBG
$
Other Consolidated Plan Funds $ HOME
$
Other Federal Funds $ ESG
$
$ HOPWA
$
$ Total Entitlement Funds
$
Legal Aid Service of Broward County, Inc.
d/b/a Legal Aid Service of Collier County, Inc.
CD19-08 tn0
Facility Improvements Page 35
5.
What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER; if
applicable? Answer question 5a or 5b; NOT both
For LMC activities: people, race/ethnicity, and income data are reported by persons.
For LMH activities: households, race/ethnicity, and income level are reported by households, regardless
the number of persons in the household.
7.
a.
Total No. Persons/Adults served
LMC
0
Total No. persons served under 18 (LMC) 0
Indicate the total number of UNDUPLICATED persons
served since October 1 who fall into each presumed
benefit category (the total should equal the total in
question #6a or 6b):
Quarter Total No. of Persons
0
Quarter Total No. of Persons 0
b
Presumed Benefit Activities Only LMC YTD
ELI
0
Abused Children ELI
b
0 1 Abused Children ELI
0
b.
Total No. of Households served
0
Total No. of female head of household (LMH) 0
6.
What is the total number of UNDUPLICATED clients served since October, if applicable?
Answer question 6a or 6b, NOT both
For LMC activities: race/ethnicity and income data are reported by persons.
7.
a. Total No. Persons/Adults served 0 Total No Persons served under 18 (LMC) 0
LMC
YTD Total: 0 YTD Total 0
b. Total No. Households served L 0 Total No. female head of household (LMH) 0
YTD Total 0 YTD Total 0
S.
Complete EITHER question 7 or 8, NOT both
Complete question 7a and 711 if your program only serves clients in one or more of the listed HUD Presumed
Benefit categories.
7.
PRESUMED BENEFICIARY DATA ONLY:
LMCQuarter
PRESUMED BENEFICIARY DATA ONLY
LMC YTD
Indicate the total number of UNDUPLICATED
persons served this quarter who fall into each
presumed benefit category (the total should equal the
total in question #6a or 6h):
Indicate the total number of UNDUPLICATED persons
served since October 1 who fall into each presumed
benefit category (the total should equal the total in
question #6a or 6b):
Indicate the total number of UNDUPLICATED
persons served this Quarter who fall into each
income category (the total should equal the total
uestion #6):
a
Presumed Benefit Activities Out LMC TR
b
Presumed Benefit Activities Only LMC YTD
ELI
0
Abused Children ELI
b
0 1 Abused Children ELI
0
Homeless Person ELI
0 Homeless Person ELI
0
Migrant Farm Workers LI
0 Migrant Farm Workers LI
0
Battered Spouses LI
0 Battered Spouses LI
0
Persons w/HIV/AIDS LI
0 Persons w/HIV/AIDS LI
0
Elderly Persons Ll or MOD
0 Elderly Persons LI or MOD
0
Illiterate Adults LI
0 Illiterate Adults LI
0
Severely Disabled LI
Adults
0 Severely Disabled Adults LI
0
Quarter Total
0 YTD Total
S.
Complete question 8a and 8b if any client in your program
does not fall into a Presumed Benefit category.
Other Beneficiary Data: Income Range
Other Beneficiary Data: Income Range
Indicate the total number of UNDUPLICATED
persons served this Quarter who fall into each
income category (the total should equal the total
uestion #6):
in
Indicate the total number of UNDUPLICATED persons
served since October 1 (YTD) who fall into each income
category (the total should equal the total in question #6):
a
ELI
Extremely Low Income (0-30%)
0
b
ELI
Extremely Low Income (0-300%)
0
LI
Low Income (31-50%)
0
LI
Low Income
0
MOD
Moderate Income (51-80"/0)
0
MOD
Moderate Income (51-80%)
0
NON-
L/M
Above Moderate Income (>80%)
0
NON-
L/M
Above Moderate Income (>800A)
0
Quarter Total
0
YTD Total
0
Legal Aid Service of Broward County, Inc.
d/b/a Legal Aid Service of Collier County, Inc.
CD19 -08
Facility Improvements Page 36 .9
9.
Racial & Ethnic Data if applicable)
d/b/a Legal Aid Service of Collier County, Inc.
Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients
clients served this Quarter fall into each race served since October (YTD) fall into each race category. In
category. In addition to each race category, please addition to each race category please indicate how many
indicate how many persons in each race category persons in each race category consider themselves
consider themselves Hispanic. (Total Race column Hispanic. (Total Race column should equal the total in
should equal the total in question 6.question 6.
a. RACE
ETHNICITY b. RACE ETHNICITY
/HISPANIC /HISPANIC
White 0
0 White 0 0
Black/African American 0
0 Black/African American 0 0
Asian 0
0 Asian 0 0
American Indian/Alaska Native 0
0 American Indian/Alaska Native 0 0
Native Hawaiian/Other Pacific Islander 0
0 Native Hawaiian/Other Pacific Islander 0 0
Black/African American &White 0
0 Black/African American & White 0 0
American Indian/Alaska Native & 0
Black/African American
0 American Indian/Alwka Native & 0 0
Black/African American
Other Multi -racial 0
0 Other Multi -racial 0 0
0
0 0 0
Name:
Signature:
Title:
Your typed name here represents your electronic siEnature
Legal Aid Service of Broward County, Inc.
d/b/a Legal Aid Service of Collier County, Inc.
CD19-08
Facility Improvements
Page 37 Y
O
EXHIBIT D
INCOME CERTIFICATION
INSTRUCTIONS
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 0.00
Total Cash Value of Assets B(a) 0.00
Total Income from Assets B(b) 0.00
If line B(a) is greater than $5,000, multiply that amount by the rate specified
by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave
blank. B(c)
Legal Aid Service of Broward County, Inc.
d/b/a Legal Aid Service of Collier County, Inc.
CD19-08
Facility Improvements Page 38 90
A. 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
1
greater of
2
box B(b) or
3
box B(c),
in
above;
4
box C(e)
5
below)
6
7
8
Totals (a)
(b) (c) (d)
(e)
0.00
0.00 1 0.00 0.00
Enter total of items C(a) through C(c).
0:00
This amount is the Annual Anticipated Household Income.
B. Recipient Statement: The information on this form is to be used to determine maximum
income for eligibility. Uwe have provided, for each person set forth in Item A, acceptable
verification of current and anticipated annual income. 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
Adult Household Member (if applicable)
Date
Date
Date
Adult Household Member (if applicable) Date
Legal Aid Service of Broward County, Inc.
d/b/a Legal Aid Service of Collier County, Inc.
CDI9 y /1�
Facility Improvements Page 39 y
A. 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) constitutes) a:
❑ Extremely Low Income (ELI) Household means and individual or family whose annual income
does not exceed 30/501 of the Very Low Income (60 percent of VLI) 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 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
B. Household Data
Date
Title
Number of Persons
By Race / Ethnicity B r Age
Native
American
Hawaiian or
2
0 5
26-40
41 61
-
62+
Indian
Asian
Black
Other Pac.
White
Other
Islander
Hispanic
Non -
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.
Legal Aid Service of Broward County, Inc.
d/b/a Legal Aid Service of Collier County, Inc.
CD19-08
Facility Improvements
Page 40 O
'Yp
EXHIBIT E
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if
subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires
that all appropriate documentation is provided regarding your organization's compliance. In determining Federal
awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the
activity related to the Federal award occurs, including any Federal award provided by Collier County. The
determination of amounts of Federal awards expended shall be in accordance with the guidelines established by
established by 2 CFR Part 200, Subpart F —Audit Requirements. This form may be used to monitor Florida Single
Audit Act Statute 215.97 re uirements.
Subrecipient
Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County,
Name
Inc.
First Date of Fiscal Year MM/DD/YY
Last Date of Fiscal Year MM/DD/YY
Total Federal Financial Assistance Expended
Total State Financial Assistance Expended during
during most recently completed Fiscal Year
most recently completed Fiscal Year
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has
been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed
or will be completed by . Copies of the audit report and management letter
are attached or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑
❑ Are a for-profit organization
❑ Are exempt for other reasons — explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit report. While we
understand that the audit report contains a written response to the finding(s), we are
requesting an updated status of the corrective action(s) being taken. Please do not provide
just a copy of the written response from your audit report, unless it includes details of the
actions, procedures, policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature
Date
Print Name and Title
Legal Aid Service of Broward County, Inc.
d/b/a Legal Aid Service of Collier County, Inc.
CD19-08
Facility Improvements
06/18
Page 41
O9p
FAIN #
B -19 -UC -12-0016
Federal Award Date
Est. 10/2019
Federal Award Agency
HUD
CFDA Name
Community
Development Block
Grant
CFDA/CSFA#
14.218
Total Amount of Federal
Funds Awarded
$180,104
Subrecipient Name
Legal Aid Service of
Broward County, Inc.
d/b/a Legal Aid Service
of Collier County, Inc,
DUNS#
844481478
FEIN
59-1547191
R&D
No
Indirect Cost Rate
No
Period of Performance
10/01/2019-09/30/2020
Fiscal Year End
12/31
Monitor End:
12/2020
AGREEMENT BETWEEN COLLIER COUNTY
AND
LEGAL AID SERVICE OF BROWARD COUNTY, INC.
D/B/A LEGAL AID SERVICE OF COLLIER COUNTY, INC.
THIS AGREEMENT is made and entered into this day of 20, by and
between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having
its principal address at 3339 E Tamiami Trail, Naples FL 34112, and Legal Aid Service of Collier County,
Inc. d/b/a Legal Aid Service of Broward County, Inc., ("SUBRECIPIENT"), having its principal office at
4436 Tamiami Trail East, Naples 34112.
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 2019-2020 for the CDBG Program with
Resolution 2019- on June 25, 2019 — Agenda Item ; and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans, the County advertised the 2019/2020 Annual
Action Plan, on May 24, 2019, with a 30 -day Citizen Comment period from May 24, 2019 to June 25, 2019;
and
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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 the undertaking the CDBG PS19-01 Public Services Legal Services to Victims
Project.
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
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 provided herein and, as determined by Collier County
Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as
follows:
Project Name: Public Service - Legal Services to Victims
Description of project and outcome: CHS, as an administrator of the CDBG program, will make
available FY2019-2020 CDBG funds up to the gross amount of $180,104,00 to Legal Aid to fund:
Legal services for victims of domestic violence, sexual assault, dating violence, child abuse and
other abuses; and conduct a minimum of four outreach events/seminars.
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty (60) calendar days of the execution of this agreement, the SUBRECIPIENT
must deliver to CHS for approval a detailed project schedule for the completion of the
project, excluding Public Service projects.
B. The following resolutions and policies must be submitted by SUBRECIPIENT within sixty
(60) days of this agreement:
® Affirmative Fair Housing Policy
Affirmative Action/ Equal Opportunity Policy
® Conflict of Interest Policy
❑ Procurement Policy
❑ Uniform Relocation Act Policy
Sexual Harassment Policy
Procedure for meeting the requirements set forth in Section 3 of the Housing and
Urban Development Act of 1968, as amended (12U.S.C. 794 1 u)
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❑ Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
® Fraud Policy
C. Environmental Review Requirement (ERR) - No program costs can be incurred until an
environmental review of the proposed project is completed and approved. Further, the
SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance
of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the
denial of any reimbursement of funds under this Agreement.
1.2 PROJECT DETAILS
A. Project Description/ProjectBudget
Description
Federal Amount
Project Component 1: Funding costs will include but not be limited to the following
expenses: Legal Services to Victims
$180,104.00
Total Federal Funds:
$180,104.00
The Subrecipient will accomplish the following checked project tasks:.
❑ Pay all closing costs related to property conveyance
® Maintain and provide to the County, as requested, beneficiary income certification
documentation
® Maintain and provide National Objective Documentation
® Provide Quarterly Reports on National Objective and project progress
® Required attendance by a representative from executive management at scheduled
partnership meetings, as requested by CHS.
❑ Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation.
❑ Identify Lead Project Manager
❑ Provide Site Design and Specifications
❑ Comply with Davis Bacon Labor Standards
® Comply with Section 3 and maintain documentation
❑ Provide certified payroll weekly throughout construction and rehabilitation
❑ Comply with Uniform Relocation Act (URA), if necessary
❑ Ensure applicable numbers of units are Section 504/ADA accessible
❑ Ensure the applicable affordability period for the project is met
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:
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❑
LMA
— Low/Mod Area Benefit
®
LMC
— Low/Mod Clientele Benefit
❑
LMH—Low/Mod
Housing Benefit
❑
LMJ —
Low/Mod Job Benefit
LMA: Must document where at least 51 percent of the residents are LMI persons based on
HUD determined eligible census tracts. Failure to achieve the national objective under this
agreement will require repayment of the CDBG investment under this agreement.
LMC: Must document that at least 51 percent of persons served, are low to moderate
income persons or households, in order to meet a CDBG National Objective. Failure to achieve the
national objective under this agreement will require repayment of the CDBG investment under this
agreement.
LMH: Must document providing or improving permanent residential structures, which
upon completion will be occupied by LMI households. Structures with three or more units must
have at least 51 percent occupied by LMI households and structures with less than three units must
be occupied by 100 percent LMI households. Failure to achieve the national objective under this
agreement will require repayment of the CDBG investment under this agreement.
LMJ: Must document job creation and retention. The LMI benefit national objective
addresses activities designed to create or retain permanent jobs, at least 51 percent of which
(computed on a full-time equivalent basis) will be made available to or held by LMI persons.
Failure to achieve the national objective under this agreement will require repayment of the CDBG
investment under this agreement.
C. Performance Deliverables
Program Deliverable
Deliverable Supporting
Submission Schedule
Documentation
Page 4
Special Grant Condition Policies
Policies as stated in this
Within sixty (60) days of
Section 1.1
agreement
agreement execution
Insurance
Insurance Certificate
Within 30 days of agreement
execution and Annually within
thirty (30) days of renewal
Detailed Project Schedule
Project Schedule
Not Applicable
Project Plans and Specifications
Site Plans and Specifications
Not Applicable
Subcontractor Log
Subcontractor Log
Not Applicable
Submission of Progress Report
Exhibit C
Quarterly within 10 days
following the end of the quarter.
Final report due 60 days after
agreement ends
Section 3 Report
Quarterly report of new hire
Quarterly
information
Davis -Bacon Act Certified
Weekly Certified Payroll
Not Applicable
Payroll
reports, forms and supporting
documentation
Financial and Compliance Audit
Audit, Management Letter and
Nine (9) months after FY end
Exhibit E
for Single Audit OR one
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D. Payment Deliverables
Payment Deliverable
Payment Supporting Documentation
hundred eighty (180) days after
Project Component 1: Funding
Submission of monthly invoices and
FY end
Continued Use Certification
Continued Use Affidavit, if
Not Applicable
to the following expenses: Fund
applicable
Revenue Plan for maintenance
Plan approved by the County
Not Applicable
and Capital Reserve
documentation as requested
Program Income Reuse Plan
Plan Approved by the County
Not Applicable
D. Payment Deliverables
Payment Deliverable
Payment Supporting Documentation
Submission Schedule
Project Component 1: Funding
Submission of monthly invoices and
Submission of
costs will include but not limited
backup as evidenced by invoice/
monthly invoices.
to the following expenses: Fund
timesheets/ Payroll Registers/banking
legal staff to include 2 Full Time
documents/Exhibit B and any additional
Equivalent (FTE) Attorney, and I
documentation as requested
Full Time Equivalent (FTE)
Paralegal and associated salary
and benefits to provide legal
services to victims of domestic
10% retainage request released upon final
Following closeout
violence, sexual assault, dating
monitoring clearance and meeting the
monitoring
violence, repeat violence, child
National Objective
abuse, elder abuse, and other
abuses
Final 10 percent of award amount will be paid upon completion of final monitoring clearance and
documentation of meeting the National Objective. Failure by the subrecipient to achieve the National
Objective will require repayment of the CDBG investment under this agreement.
1.3 PERIOD OF PERFORMANCE
Services of the Subrecipient shall start on October 1, 2019 and shall end on September 30, 2020.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available (One Hundred Eighty Thousand One Hundred and Four)
Dollars ($180,104.00) for use by the SUBRECIPIENT, during the term of the agreement
(hereinafter, shall be referred to as the "Funds").
Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund
shifts among line items shall not be more than 10 percent of the total funding amount and does not
signify a change in scope. Fund shifts that exceed 10 percent of the agreement amount shall only
be made with Board approval.
The County shall reimburse the SUBRECIPIENT for the performance of this agreement upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
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SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible
costs, and all disbursement requests must be limited to the amount needed at the time of the
request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations
incurred during the term of this agreement. Invoices for work performed are required every month.
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 may be required if two
consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT,
when requested, as work progresses but, not more frequently than once per month. Reimbursement
will not occur if Subrecipient fails to perform the minimum level of service required by this
agreement.
Final invoices are due no later than 90 days after the end of the agreement. Work performed during
the term of the program but not invoiced within 90 days after the end of the agreement may not be
processed without written authorization from the Grant Coordinator.
The County Manager or designee may extend the term of this agreement for a period of up to 180
days after the end of the agreement. Extensions must be authorized, in writing, by formal letter to
the SUBRECIPIENT.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requirements. Except where disputed for noncompliance,
payment will be made upon receipt of a properly completed invoice and in compliance with
§218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act."
1.5 COST PRINCIPLES
Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost
allowability found at 2 CFR 200 Subpart E -Cost Principles. For the purposes of this section
(Section 1.5 -Cost Principles) of this agreement, SUBRECIPIENT is defined as a described in 2
CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under this
Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed
specifically to the projects referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT
must provide adequate documentation for validating costs incurred. Payments to
SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the
procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by
the SUBRECIPIENTS and Contractors shall comply with 2 CFR Subpart E -Cost Principles. A
Developer is not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart
E and may impose requirements upon the Developer, in order for the COUNTY to remain
compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal
controls and maintain necessary source documentation for all costs incurred and adhere to any other
accounting requirements included in this agreement.
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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: Rose Munoz, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: Rosa. Munoz@colliercountvfl.gov
Telephone: (239) 252-5713
SUBRECIPIENT ATTENTION: Jeff Ahren , Director of Development/Pro Bono
Coordinator
4436 Tamiami Trail East,
Naples, Florida 34112
Email: jahren@le>_alaid.org
Telephone: (239) 298-8130
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PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
At any time during normal business hours and as often as the COUNTY (and/or its representatives)
may deem necessary, the SUBRECIPIENT shall make available all records, documentation, and
any other data relating to all matters covered by the agreement for review, inspection or audit.
Any deficiencies noted in audit reports must be fully cleared by the 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.
The determination of amounts of Federal awards expended shall be in accordance with guidelines
established by 2 CFR Part 200, Subpart F -Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 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 is not 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 this
agreement shall be made available to the COUNTY, by the SUBRECIPIENT, at any time,
upon request by the COUNTY or CHS. Materials identified in the previous sentence shall
be in accordance with generally accepted accounting principles (GAAP), procedures and
practices, which sufficiently and properly reflect all revenues and expenditures of funds
provided directly or indirectly by this agreement, including matching funds and Program
Income. These records shall be maintained to the extent of such detail as will properly
reflect all net costs, direct and indirect labor, materials, equipment, supplies and services,
and other costs and expenses of whatever nature for which reimbursement is claimed under
the provisions of this agreement.
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D. Upon completion of all work contemplated under this agreement, copies of all documents
and records relating to this agreement shall be surrendered to CHS, if requested. In any
event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a
readily accessible, permanent, and secured location for five (5) years after the date of
submission of the annual performance and evaluation report, as prescribed in 2 CFR
200.333, with the following exception: if any litigation, claim, or audit is started before the
expiration date of the five (5) year period, the records will be maintained until all litigation,
claim, or audit findings involving these records are resolved. The COUNTY shall be
informed, in writing, if an agency ceases to exist after closeout of this agreement of the
address where the records are to be kept, as outlined in 2 CFR 200.336. The
SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at
no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon
termination of the contract and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible with the
information technology systems of the COUNTY.
IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT 239-252-68329
Michael.Cox(i)colliercountyfl.Eov, 3299 Tamiami Trail E, Naples
FL 34112.
E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of
1931, 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. SUBRECIPIENT wilt be responsible for the creation and maintenance of income eligible
files on clients served and documentation that all households are eligible under HUD
Income Guidelines. The SUBRECIPIENT agrees that CHS shall be the final arbiter on the
SUBRECIPIENT's compliance.
G. SUBRECIPIENT shall document how the National Objective(s), as defined in 24 CFR
570.208 and the eligibility requirement(s) under which funding has been received, have
been met. These also include special requirements, such as necessary and appropriate
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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 COUNTY would provide the records and at a cost that does not
exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized
by 2 CFR 200.336 and 2 CFR 200.337. COUNTY agrees that nothing in this
Agreement shall be construed as requiring Legal Aid as SUBRECIPIENT to give access
to any personal identifying information which is protected by the Attorney -Client privilege
or by the provisions of the Rules of Professional Conduct of the Rules Regulating the
Florida Bar relating to an attorney's obligation to preserve the confidences or secrets of
a client.
2.3 MONITORING
During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to
the COUNTY no later than nine (9) months after the Single Audit (or one hundred eighty (180)
days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT'S fiscal year end.
The COUNTY will conduct an annual financial and programmatic review.
SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desk top
review of the activities may be conducted in lieu of an on-site visit. The continuation of this
agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the
request of CHS, submit information and status reports required by CHS or HUD to enable CHS to
evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall
allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or
unscheduled, as determined by CHS or HUD.
COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud,
waste, abuse, or non-performance, based on goals and performance standards, as stated, with all
other applicable laws, regulations, and policies governing the funds provided under this agreement
further defined by 2 CFR 200.331. Substandard performance, as determined by the COUNTY, will
constitute noncompliance with this agreement. If corrective action is not taken by the
SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract
suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD,
the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the
COUNTY's internal auditor(s) access to all records related to performance of activities in this
agreement.
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2.4 PREVENTION OF FRAUD AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient
to prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this
agreement and to provide for the proper and effective management of all Program and Fiscal
activities of the agreement. SUBRECIPIENT's internal control systems and all transactions and
other significant events shall be clearly documented, and the documentation shall be readily
available for monitoring by COUNTY.
SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees,
and agents for the purpose of monitoring or investigating the performance of the Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent
waste, fraud, and abuse.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this Agreement, or of any law or regulation to COUNTY or to any
appropriate law enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this contract: Penalties may be imposed for failures to implement or to make
acceptable progress on such corrective action plans.
In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation
policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant
funds from CHS. CHS's policy for escalation for non-compliance is as follows:
1. Initial non-compliance may result in Findings or Concerns being issued to the
SUBRECIPIENT, which will require a corrective action plan be submitted to the
COUNTY within 15 days following issuance of the report.
• Any pay requests that have been submitted to the COUNTY for payment will
be held until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to the
SUBRECIPIENT, as needed, in order to correct the non-compliance issue.
2. If in the case SUBRECIPIENT fails to submit the corrective action plan in a timely
manner to the COUNTY, the COUNTY may require a portion of the awarded grant
amount be returned to the COUNTY.
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• The COUNTY may require upwards of five percent (5%) of the award amount
be returned to the COUNTY, at the discretion of the Board of County
Commissioners.
• The entity may be denied future consideration as set forth in Resolution No.
2013-228.
3. If in the case SUBRECIPIENT continues to fail to correct the outstanding issue or
repeats an issue that was previously corrected and has been informed by the
COUNTY of their substantial non-compliance by certified mail; the COUNTY
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
COUNTY.
• The COUNTY may require upwards often percent (10%) of the award amount
be returned to the COUNTY, at the discretion of the Board of County
Commissioners.
• The SUBRECIPIENT will be considered in violation of Resolution No. 2013-
228.
4. If in the case, after repeated notification, SUBRECIPIENT continues to be
substantially non-compliant, the COUNTY may recommend the contract or award
be terminated.
• The COUNTY will make a recommendation to the Board of County
Commissioners to immediately terminate the agreement or contract. The
SUBRECIPIENT will be required to repay all funds disbursed by the
COUNTY for the project that was terminated. This includes the amount
invested by the COUNTY for the initial acquisition of properties or other
activities.
• SUBRECIPIENT will be considered in violation of Resolution No. 2013-228.
If in the case SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be
non-compliant, the above sanctions may be imposed across all awards at the BCC's discretion.
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this agreement, and on the resolution of monitoring findings identified pursuant to this
agreement, as deemed necessary by the County Manager or designee.
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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 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
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
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; (2) the SUBRECIPIENT does not assume the recipient's
responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) the
SUBRECIPIENT is 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 laws, regulations, and policies governing the funds provided under this agreement.
The SUBRECIPIENT further agrees to utilize funds available under this agreement to supplement
rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating
or establishing the relationship of 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.
u l ►11 111 ►
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.
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
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activities to be undertaken as part of this agreement, such modifications will be incorporated only
by written amendment, signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from 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, or the reduction of funds awarded by HUD to
Collier County, to a level, determined by the County Manager, to be insufficient to adequately
administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all
or any portions of the funds will not be available. In either 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.
101_ uhl_I_y_ ._ � ►1
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act, 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 there-
on. 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 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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3.8
public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on
behalf of, and/or about the Program shall include the statement:
"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN
SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team, as well as
Equal Housing Opportunity, to the general public. Construction signs shall comply with applicable
COUNTY codes.
DEFAULTS, REMEDIES, AND TERMINATION
In accordance with 2 CFR 200.339, this agreement may also be terminated for convenience by
either the COUNTY or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for
such termination, the effective date, and, in the case of partial terminations, the portion to be
terminated. However, if in the case of a partial termination, the COUNTY determines that the
remaining portion of the award will not accomplish the purpose for which the award was made, the
COUNTY may terminate the award in its entirety.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
agreement:
A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or
such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as
may become applicable at any time.
B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its
obligations under this agreement.
C. Ineffective or improper use of funds provided under this agreement.
D. Submission by the SUBRECIPIENT to the COUNTY 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.
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
that SUBRECIPIENT has received under this agreement.
D. Apply sanctions, if determined by the COUNTY to be applicable.
E. Stop all payments, until identified deficiencies are corrected.
F. Terminate this agreement by giving written notice to SUBRECIPIENT 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. Regulations regarding real property are
subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7).
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" and 2 CFR 200.310, has been obtained, and said
insurance shall be carried, at all times, during SUBRECIPIENT's performance under the
agreement.
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, Cost Principles and
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Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the
Community Development Block Grant (24 CFR 570 et seq.).
3.12 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through
326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing
thresholds are:
Range:
Competition Required
$0-$3,000
Single uote with documentation
$3,000 - $50,000
3 Written Quotes
$50,000+
Formal Solicitation ITB, RFP, etc.
All improvements specified in Part I. Scope of Work shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding, under a procedure acceptable to the
COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts for
improvements with the lowest, responsible and qualified bidder. Contract administration shall be
handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records
and documents related to the project.
3.13 PROGRAM GENERATED INCOME
No Program Income is anticipated. In the event Program Income is derived from the use of CDBG
funds disbursed under this agreement, such Program Income shall be utilized by the
SUBRECIPIENT for CDBG-eligible activities, approved by COUNTY. 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 accordingly, and shall be in
compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When
program income is generated by an activity that is only partially assisted with CDBG funds,
the income shall be prorated to reflect the percentage of CDBG funds used. In the event there
is a program income balance at the end of the Program Year, such balance shall revert to the
COUNTY's Community Block Grant Program, for further reallocation.
3.14 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. The SUBRECIPIENT may close out the project with the COUNTY after the five (5)
year continued use period has been met (for public services, "after the expiration of the
Agreement"). The continued use period shall commence with the later of the Subrecipient meeting
the National Objective or the recording of lien and/or deed restriction documentation). Activities
during this closeout period shall include, but are not limited to making final payments, disposing
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of program assets (including the return of all unused materials, equipment, program income
balances, and receivable accounts to the COUNTY), and determining the custodianship of records.
In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with
Section 119.021, Florida Statutes regarding records maintenance, preservation, and retention. A
conflict between state and federal 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 that have been advanced or paid must be returned to the COUNTY. Any funds
paid exceeding the amount SUBRECIPIENT is entitled to 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. Closeout procedures must
take place in accordance with 2 CFR 200.343.
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
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 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 51 percent of the beneficiaries of a project funded through this agreement must be low -
and moderate- income persons or presumed to be low- to moderate- income persons based on
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applicable regulation, if the agreement is meeting a national objective through a LMI strategy. If
the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide,
more than 30 percent 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 funds. The Affirmative Action will need to be updated throughout the continued use
period and must be 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 SUBRECIPIENT. The SUBRECIPIENT covenants that
it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", 2 CFR 200.318, and
the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest.
The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person, or an entity
owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval
of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not
intended to limit SUBRECIPIENT's ability to self -manage the projects using its own employees.
Any possible conflict .of interest on the part of the SUBRECIPIENT, its employees, or its
contractors shall be disclosed, in writing, to CHS provided, however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low- and moderate -
income residents of the project target area.
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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 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 INCIDENT REPORTING
If services to clients are to be provided under this agreement, the SUBRECIPIENT and any
subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of
a child, aged person, or disabled adult to the COUNTY.
3.22 SEVERABILITY
Should any provision of the agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any, other section or part thereof.
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
https://www.eefr.gov/cgi-bin/text-idx?tpl=/eefrbrowsefritle24/24cfr570 main 02. l
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
https://www.ecfr.goy/cgi-bin/text-idx?ipl=/ecfrbrowse/Title24/24cfr58_main_02.tp
4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended
https://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/10
9
4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing
Act.
http://www.hud.gov/offices/fheo/library/huddoistatement.pdf lttps://www.hud.gov/program offfc
es/fair_ housing_ equal opp/ReasonableAccommodationsl5
Executive Order 11063 — Equal Opportunity in Housing
https://www.hud.goy/ rp ogram_offices/fair housing equal opp/FHLaws/EX011063
Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs
https://www.archives.gov/federal-register/codification/executive-order/ 12259.html
24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O.
haps://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 https://www.hud.gov/programdescription/title6
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.
https://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vol3/ ddf/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:
https://www.hud.gov/program_offices/fair_housing equal opp/FHLaws/EX011246
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
Affirmative Action employer.
https://www.hud.goy/prograindescription/title6
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 Subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the agreement through which Federal
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
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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O
https://www.hud.gov/sites/documents/DOC_12047.PDF
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
https://www.ccfr.izov/cizi-bin/text-idx?c=ecfi tp1=/ecfrbrowse/Title24/24efrl35 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
https://www.hud.goy/proeram_offices/fair_housing equal opp/FHLaws/109
https://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/E
X011063
11246: https://www.dol.gov/ofccp/regs/statutes/col1246.htm
11375: Amended by EO 11478
11478: https://www.archives.aov/federal-register/codification/executive-order/I1478.html
12107: https://www.archives.gov/federal-register/codiftcation/executive-order/12107.htm1
12086: https://www.archives.goy/federal-register/codification/executive-order/12086.html
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
https://www.dol.goy/whd/regs/statutes/safe0l.pdf
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5),24 CFR 570.614 Subpart K.
Section 504: https://www.epa.izov/civilriizhts/sec504.htm
29 USC 776: https://law.onccic.com/uscodc/29/776.html
24 CFR 570.614: https://www.law.comell.cdu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990: https://www.hud. og v/hudproprams/eohudap
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
https://www.fhwa.dot.gov/real estate/uniform act/index.cfm
4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects, 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
https://www.law.coi-tiell.cdu/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 Homs and Safety Standards Act)
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https://www.law.corneI1.edLi/cfr/text/29/part-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally
assisted projects. haps://www.presidency.ucsb.edu/ws/index.phhp?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.
https://www.archives.gov/federal-register/codification/executive-order/ 11625.htm1
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: https://www.gpo.gov/fdsys/pkg/CFR-2010-title24-vol3/pdf/CFR-2010- title24-
vol3-sec570-608.pdf
E.O. 13279: http://www.fedggvcontracts.cgm/pe02-96.htm
4.18 Public Law 100-430 - the Fair Housing Amendments Act of 1988.
https://www.ncbi.nlm.nih.gov/pubmed/12289709
4.19 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
https://www.ecfr.gov/cizi-bin/text-idx?ipl=/ecfrbrowse/Titte02/2cfr200 main 02.1n1
4.20 Immigration Reform and Control Act of 1986
https://www.eeoc.gov/eeoc/histoty/35th/thelaw/irca.html
4.21 Prohibition of Gifts to County Employees - No organization or individual shall offer or give, either
directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any County
employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance
No. 2004-05, as amended, and County Administrative Procedure 5311.
Florida Statutes-
https://www.lawserver.com/law/state/florida/statates/florida statutes chapter 112 part iii
Collier County-
http://www.collicrizov.netthome/showdocument?id=35137
4.22 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the
agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
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by application of the Supplemental Conditions, if any, or the agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
4.23 Venue -Any suit of action brought by either party to this agreement against the other party, relating
to or arising out of this agreement, must be brought in the appropriate federal or state courts, in
Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required
for this item).
4.24 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes. The litigation arising out of this agreement shall be adjudicated in Collier County, Florida,
if in state court and the US District Court, Middle District of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
https://www.flsenate.j4ov/Laws/Statutes/2012/44.102
4.25 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. https://www.law.comell.cdu/uscode/text/42/7401
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.law.comell.edu/uscode/text/33/chapter-26
4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 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.
https://www.law.comell.edu/cfr/text/24/570.605
4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to the HUD Lead- Based Paint Poisoning
Prevention Act, found at 24 CFR 570.608, Subpart K. hltps://www.gpo. og v/fdsys/granule/CFR-
2000-title24-vo13/CFR-2000-title24-vol3-sec570-608-id 163
Legal Aid. Service of Broward County, Inc.
d/b/a Legal Aid Service of Collier County, Inc.
PS19-01
Legal Services to Victims
Page 26
4.28 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this agreement.
https://www.nps.goy/history/local-law/nhpal966.htm
httns://www.ccfr.gov/cgi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr800 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.
hitps://www.nps.goy/history/local-law/nhpal 966.htm
4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with
the Drug -Free Workplace Act of 1988 (41 USC 701).
httns://www.gpo. ovg /fdsys/granule[USCODE-2009-title4l[USCODE-2009-title41-Chapl0-
sec701
4.30 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not
knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from participating in this covered transaction as outlined in 24
CFR 570.609, Subpart K.
hMs://www.law.comell.edu/cfr/textt24/570.609
4.31 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable
and agrees to adhere to the accounting principles and procedures required therein, utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred. These
requirements are enumerated in 2 CFR 200, et seq.
4.32 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be
submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The
SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500. Subrecipients exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S
fiscal year. Per 2 CFR 200.344, if this agreement is closed out prior to the receipt of an audit report,
the COUNTY reserves the right to recover any disallowed costs identified in an audit after such
closeout.
https://www.eefr.gov/cp,i-bin/text-
idx?SID=5a78addefff9a535e83fed3010308aef&mc=true&node=se2.1.200 1344&r =div8
4.33 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation
Legal Aid Service of Broward County, Inc.
d/b/a Legal Aid service of Collier County, Inc.
PS19-01
Legal Services to Victims
Page 27 O
90
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 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.
https://www.gpo.goy/fds} s/jzranule/CFR-1999-title49-voll/CFR-1999-title49-voll-sec24-101
hLtps://www. gpo.gov/fd5ys/granule/CFR-2012-title24-vol3/CFR-2012-title24-vo13-sec570-505
4.34 As provided in § 287.133, Florida Statutes, by entering into this agreement or performing any work
in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.
This notice is required by § 287.133 (3) (a), Florida Statutes.
http://www.leg.state.fl.us/Statutes/index.cfm?App mode --Display Statute&Search String=&UR
L=0200-0299/0287/Sections/0287.133.html
4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress, in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions. The undersigned shall require that the language of
this certification be included in the award documents for all sub -awards at all tiers (including
subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem
rates in effect at the time of travel.
https://www. sg a.gov/portal/content/104877
4.37 Equal access in accordance with the individual's gender identity in community planning and
development programs, per 24 CFR 5.106.
https://www.govreps.com/regulations/eVand/title24 part5 subpartA section5.106
4.38 Housing Counseling, including homeownership counseling or rental housing counseling, as defined
in §5.100, required under or provided in connection with any program administered by HUD shall
Legal Aid Service of Broward County, Inc.
d/b/a Legal Aid Service of Collier County, Inc.
PS19-01
Legal Services to Victims Page 28
T
be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214
to provide housing counseling, consistent with 12 U.S.C. 1701 x, per 24 CFR 5.111.
https://www.eefr.gov/cgi-bin/text-
idx?SID=e339ece9fdfd I479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6
httns://www.law.comell.edu/cfr/text/24/5.111
4.39 HUD Final Rule — Implementation of the Violence Against Women Reauthorization Act of 2013
which applies for all victims of domestic violence, dating violence, sexual assault, and stalking,
regardless of sex, gender identity, or sexual orientation, and which must be applied consistent
with atl nondiscrimination and fair housing requirements.
haps://www.federalre tg ster.gov/documents/2016/11/16/2016-25888/violence-against-women-
reauthorization-act-of-2013 -implementation-in-hud-housingprograms
4.40 Any rule or regulation determined to be applicable by HUD.
4.41 Florida Statutes 713.20, Part 1, Construction Liens
https://www.leg.state.fl.us/Statutes/index.cfm?App mode --Display Statute&URL=0700-
0799/0713/0713.html
4.42 Florida Statutes 119.021 Records Retention
http://www.leg.state.fl.us/Statutes/index.cftn?App n?App mode --Display Statute&URL=0100-
0199/0119/Sections/0119.021. htm I
4.43 Florida Statutes, 119.071, Contracts and Public Records
http://www.leiz.state.fl.us/Statutes/index.cfm?App mode—Display Statute&URL=0100-
0199/0119/Sections/0119.021.html
(Signature Page to Follow)
Legal Aid service of Froward County, Inc.
d/b/a Legal Aid Service of Collier County, Inc.
PS19-01
Legal Services to Victims Page 29
O
IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have oaoh respectively, by an
authorized person or agent, hereunder set their hands and seals.4n the date first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
CRYSTAL K. IGNZEL, CLERIC COLLIER COUNTY, FLORIDA
By;
Deputy Cietie WILLIAM L. McDANIEL, JR,, CHAIRMAN
Date;
LEGAL AID SERVICE OF BROyyARD COUNTY,
Dated: INC: d/b/a LEGAL AID SERVICE OF COLLIER
(SEAL) COUNTY, INC.
TFI J: ,EXECUTIVE
DIRECTOR
Date;_
Approved as to form and legality;,
Jena orA, Belpe
Assistant County A _omey, �\\
Date: 5/30// 9
Legal Aid Service of ceoCounty, Inc. Page 30
tlLegal Aid Service off Co Collier County, Inc. 6d�
PS1S79-01
Legal Services to Victims
PART V
EXHIBITS
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Commercial General Liability, including products and completed operations insurance, in the
amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
3. Automobile Liability Insurance 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.
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.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its
Subcontractors to provide, original certificates indicating the following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than one
hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001),
the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal
Legal Aid Service of Broward County, Inc.
d/b/a Legal Aid service of Collier County, Inc
PS19-01
Legal Services to Victims Page 31
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 proposes (including rehabilitation).
OPERATION/MANAGEMENT PHASE OF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be kept in
force throughout the duration of the loan and/or contract:
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.
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 structures) 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.
Legal Aid Service of Broward County, Inc.
d/b/a Legal Aid service of Collier County, Inc.
PS19-n1
Legal Services to Victims Page 32
EXHIBIT B
COLLIER COUNTY COMMUNITY & IIUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of
Collier County, Inc.
Subrecipient Address: 4436 Tamiami Trail East, Naples, FL 34112
Project Name: Legal Services to Victims
Project No: PSI 9-01 IDIS# Payment Request #
Total Payment Minus Retainage
Period of Availability: 10/1/19 through 09/30/20
Period for which the Agency has incurred the indebtedness through
SECTION H: STATUS OF FUNDS
1. Grant Amount Awarded
2. Sum of Past Claims Submitted on this Account
3. Total Grant Amount Awarded Less Sum of Past Claims
Submitted on this Account
4. Amount of Today's Request
5. 10% Retainage Amount Withheld (if applicable)
6. Current Grant Balance (Initial Grant Amount Award
request) (includes Retainage)
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief,
all grant requirements have been followed.
Signature
Title
Authorizing Grant Coordinator
Supervisor
(Approval required $15,000 and above)
Legal Aid service of Broward County, Inc.
d/b/a Legal Aid Service of Collier County, Inc.
P519-01
Legal services to Victims
Date
Authorizing Grant Accountant
Division Director
(Approval Required $15,000 and
above)
Page 33
E)
EXHIBIT C
QUARTERLY PERFORMANCE REPORT DATA
GENERAL -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. At COUNTY's discretion, SUBRECIPIENT may be
required to enter the information collected on this exhibit into an online grant management system.
Agency Name: Legal Aid Service of Broward County, Date:
Inc. d/b/a Legal Aid Service of Collier County Inc.
Project Title: Facility Improvements IDIS #:
Program Contact: Jeff Ahren — Telephone Number: (239) 298-8130
Activity
Reporting Period
Report Due Date
October
I't— December 31It
Januar 10'
Janu
1st—March 3151
April 10"I
April I s'—
June 30"
jUly IOut
July 1st—
September 30w
October 10'
REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period):
12/31/19 3/31/20 6/30/20 9/30/20
Please note: The CDBG/HOME/ESG Program year begins October 1, 2019 — September 30, 2020. Each quarterly
report must include cumulative data beginning from the start of the program year October 1, 2019.
1.
Please list the outcome goal(s) from your approved application and subrecipient agreement and indicate your
progress in meeting those goals since October 1, 2019.
for this etied?
La.
Outcome Goals: list the outcome goal(s) from your approved application and subreci ient agreement
Section 108 Loan Guarantee $
CDBG
Outcome 1: Delivery of legal services to victims.
Other Consolidated Plan Funds $
Outcome 2: Documentation of 150 Low -Moderate Income/LMC persons served who are victims of domestic
violence, sexual assault, dating violence, child abuse, and other abuses (duplication of clients is permitted to allow
for continuity of services).
$
Outcome 3: Delivery of a minimum of four outreach seminars/events.
Other Federal Funds $
b.
Goal Progress: Indicate the progress to date in meeting each outcome goal.
$.
Outcome 1:
$
Outcome 2:
Total Entitlement Funds
$
Outcome 3:
[727
Is this project still in compliance with the original project schedule: Yes No
If No, Explain:
3.
Since October 1, 2019; of the persons assisted, how many...
Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes
a. ...now have new access(continuing) to this service or benefit?
0
b. ...now have improved access to this service or benefit?
0
C. ...now receive a service or benefit that is no longer substandard?
0
Total
0
4.
What funding sources did the subreci fent apply
for this etied?
Section 108 Loan Guarantee $
CDBG
$
Other Consolidated Plan Funds $
HOME
$
Other Federal Funds $
FSG
$
$.
HOPWA
$
$
Total Entitlement Funds
$
Legal Aid service of Broward County, Inc.
d/b/a Legal Aid Service of Collier County, Inc.
P519-01
Legal services to Victims Page 34
5.
What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if
applicable? Answer question 5a or 5b; NOT both
For LMC activities: people, race/ethnicity, and income data are reported by persons.
For LMH activities: households, race/ethnicity, and income level are reported by households, regardless
the number of persons in the household.
7.
a.
Total No. Persons/Adults served
MC
0 Total No, persons served under 18 (LMC) 0
YTD Total 0 YTD Total 0
Quarter Total No. of Persons
0 Quarter Total No. of Persons 0
a
Presumed Benefit Activities On LMC TR
b
Presumed Benefit Activities Only LMC YTD
ELI
0 Abused Children
b.
Total No. of Households served
0 Total No. of female head of household (LMH) 0
6.
What is the total number of UNDUPLICATED clients served since October, if applicable?
Answer question 6a or 6b, NOT both
For LMC activities: race/ethnicity and income data are reported by persons.
7.
a. Total No. Persons/Adults served 0 Total No Persons served under 18 (LMC) 0
LMC
YTD Total: 0 YTD Total 0
b. Total No. Households served LMH 0 Total No. female head of household (LMH) 0
YTD Total 0 YTD Total 0
8.
Complete EITHER question 7 or 8, NOT both r
Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed
Benefit categories
7.
PRESUMED BENEFICIARY DATA ONLY:
(LMC) Quarter
PRESUMED BENEFICIARY DATA ONLY
LMC YTD
Indicate the total number of UNDUPLICATED
persons served thisua atter who fall into each
presumed benefit category (the total should equal the
total in question Ma or 6b):
Indicate the total number of UNDUPLICATED persons
served since October 1 who fall into each presumed
benefit category (the total should equal the total in
question #6a or 6b):
Indicate the total number of UNDUPLICATED
persons served this Quarter who fall into each
income category (the total should equal the total
uestion #6):
a
Presumed Benefit Activities On LMC TR
b
Presumed Benefit Activities Only LMC YTD
ELI
0 Abused Children
ELI
b
0 Abused Children ELI
0 Homeless Person
ELI
0 Homeless Person ELI
0 Migrant Farm Workers
LI
0 Migrant Farm Workers LI
0 Battered Spouses
LI
0 Battered Spouses LI
0 Persons w/HIV/AIDS
LI
0 Persons w/HIV/AIDS LI
0 Elderly Persons
LI or MOD
0 Elderly Persons LI or MOD
0 Illiterate Adults
LI
0 Illiterate Adults LI
0 Severely Disabled
Adults
LI
0 Severely Disabled Adults LI
0 Quarter Total
0 YTD Total
8.
Complete question 8a and 8b if any client in vour Dro
am does not fall into a Presumed Benefit category.
Other Beneficiary Data: Income Range
Other Beneficiary Data: Income Range
Indicate the total number of UNDUPLICATED
persons served this Quarter who fall into each
income category (the total should equal the total
uestion #6):
in
Indicate the total number of UNDUPLICATED persons
served since October 1 (YTD) who fall into each income
category (the total should equal the total in question #6):
a
ELI
Extremely Low Income (0-300/.)
0
b
ELI
Extremely Low Income (0-30%)
0
LI
Low Income (31-50%)
0
LI
Low Income
0
MOD
Moderate Income (51-80%)
0
MOD
Moderate Income (51-80%)
0
NON-
L/M
Above Moderate Income (>80%)
0
NON-
UM
Above Moderate Income (>80%)
0
Quarter Total
0
YTD Total
0
Legal Aid Service of eroward County, Inc.
d/b/a Legal Aid Service of Collier County, Inc.
1
LLegal
s
Legal Services to Victims Page 35 `�^
9.
Racial & Ethnic Data if applicable)
Please indicate how many UNDUPLICATED
clients served this Quarter 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 to in question 6.question
Please indicate how many UNDUPLICATED clients
served since October (YTD) 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 in
6.
a. RACE ETHNICITY
/HISPANIC
b. RACE ETHNICITY
/HISPANIC
White 0 0
White 0 0
Black/African American 0 0
Black/African American 0 0
Asian 0 0
Asian 0 0
American Indian/Alaska Native 0 0
American Indian/Alaska Native 0 0
NativeHawaiian/Other Pacific Islander 0 0
Native Hawaiian/Other Pacific Islander 0 0
Black/African American & White 0 0
Black/African American & White 0 0
American Indian/Alaska Native & 0 0
Black/African American
American Indian/Alaska Native & 0 0
Black/African American
Other Multi -racial 0 0
Other Multi -racial 0 0
0 0
0 0
Name:
Signature:
Title:
Your typed name here represents your electronic signature
Legal Aid Service of Broward County, Inc.
d/b/a Legal Aid Service of Collier County, Inc.
PS19-01
Legal Services to Victims Page 36 fir,
EXHIBIT D
INCOME CERTIFICATION
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.
Effectivo Date;
A. Household Information
Member Names — All Household Members
Relationship
Age
1
2
2
4
3
5
4
7
5
8
0.00
6
Total Income from Assets B(b) 0.00
If line B(a) is greater than $5,000, multiply that amount by the rate specified
by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave
blank. B(c)
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
0.00
Total Cash Value of Assets B(a) 0.00
Total Income from Assets B(b) 0.00
If line B(a) is greater than $5,000, multiply that amount by the rate specified
by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave
blank. B(c)
Legal Aid Service of Broward County, Inc.
d/b/a Legal Aid Service of Collier County, Inc.
PS19-01
Legal Services to Victims Page 37 40
A. 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
1
greater of
2
box B(b) or
3
box B(c),
in
above,
4
box C(e)
5
below)
6
7
8
Totals
(a) (b) (c) (d)
(e)
0.00 0.00 0.00 0.00
Enter total of items C(a) through C(e).
0.00
This amount is the Annual Anticipated Household Income.
B. 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 ofperjury.
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
Adult Household Member (if applicable)
Adult Household Member (if applicable)
Date
Date
Date
Date
Legal Aid Service of Broward County, Inc.
d/b/a Legal Aid Service of Collier County, Inc.
PS19-01
Legal services to Victims Page 38 .'Ln
A. 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:
❑ Extremely Low Income (ELI) Household means and individual or family whose annual income
does not exceed 30/50' of the Very Low Income (60 percent of VLI) 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 areamedian 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 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 $ 1.
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
B. Household Data
Date
Title
Number of Persons
By Race / Etbnicity B r Age
Native
American
Hawaiian or
0-25
26-40
41-61
62+
Indian
Asian
Black
Other pac.
White
Other
Islander
Hispanic
Non -
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 CDBGprogram.
Legal Aid Service of Broward County, Inc.
d/b/a Legal Aid Service of Collier County, Inc.
PS19-01
Legal Services to Victims Page 39
EXHIBIT E
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if
subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires
that all appropriate documentation is provided regarding your organization's compliance. In determining Federal
awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the
activity related to the Federal award occurs, including any Federal award provided by Collier County. The
determination of amounts of Federal awards expended shall be in accordance with the guidelines established by
established by 2 CFR Part 200, Subpart F —Audit Requirements. This form may be used to monitor Florida Single
Audit Act Statute 215.97 requirements.
Subrecipient
Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County,
Name
Inc.
First Date of Fiscal Year MM/DD/YY
Last Date of Fiscal Year MM/DD/YY
Total Federal Financial Assistance Expended
Total State Financial Assistance Expended during
during most recently completed Fiscal Year
most recently completed Fiscal Year
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has
been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed
or will be completed by . Copies of the audit report and management letter
are attached or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑
❑ Are a for-profit organization
❑ Are exempt for other reasons — explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit report. While we
understand that the audit report contains a written response to the finding(s), we are
requesting an updated status of the corrective action(s) being taken. Please do not provide
just a copy of the written response from your audit report, unless it includes details of the
actions, procedures, policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature
Date
Print Name and Title
06/18
Legal Aid Service of Broward County, Inc.
d/b/a Legal Aid Service of Collier County, Inc.
PS19-01
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FAIN #
B -19 -UC -12-0016
B -18 -UC -12-0016
B -17 -UC -12-0016
Federal Award Date
Est. 10/2019
Federal Award Agency
HUD
CFDA Name
Community
Development Block
Grant
CFDA/CSFA#
14.218
Total Amount of Federal
Funds Awarded
$75,000
Subrecipient Name
United Cerebral Palsy of
Southwest Florida, Inc.
UCP
DUNS#
078476765
FEIN
59-1796622
R&D
No
Indirect Cost Rate
No
Period of Performance
10/01/2019-09/30/2020
Fiscal Year End
6/30
Monitor End:
12/2020
AGREEMENT BETWEEN COLLIER COUNTY
AND
UNITED CEREBRAL PALSY OF SOUTHWEST FLORIDA, INC.
THIS AGREEMENT is made and entered into this day of 20� by and
between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having
its principal address at 3339 E Tamiami Trail, Naples FL 34112, and United Cerebral Palsy of Southwest
Florida, Inc., (UCP), ("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 2019-2020 for the CDBG Program with
Resolution 2019- on June 25, 2019 — Agenda Item ; and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans, the County advertised the 2019/2020 Annual
Action Plan, on May 24, 2019, with a 30 -day Citizen Comment period from May 24, 2019 to June 25,
2019; and
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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 the undertaking the CDBG PS 19-02 UCP Free to Be Me — Transportation Project.
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
PART
SCOPE OF WORK
The Subrccipient shall, in a satisfactory and proper manner and consistent with any standards required as a
condition of providing CDBG assistance as provided herein and, as determined by Collier County
Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as
follows:
Project Name: Public Service- Free to Be Me
Description of project and outcome:
CHS as an administrator of the CDBG program will make available CDBG FY2019-2020 funds
up to the gross amount of $75,000 to United Cerebral Palsy of Southwest Florida, Inc. (UCP) to be
used to support salaries for staff and drivers to transport persons with disabilities.
Activities will include but not be limited to: transportation and expanded services for adult
persons with disabilities to and from residence, facility and social/community integration and
inclusion outings
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty (60) calendar days of the execution of this agreement, the SUBRECIPIENT
must deliver to CHS for approval a detailed project schedule for the completion of the
project, excluding Public Service projects.
B. The following resolutions and policies must be submitted by the SUBRECIPIENT within
sixty (60) days of this agreement:
® Affirmative Fair Housing Policy
® Affirmative Action/ Equal Opportunity Policy
® Conflict of Interest Policy
❑ Procurement Policy
❑ Uniform Relocation Act Policy
0 Sexual Harassment Policy
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® Procedure for meeting the requirements set forth in Section 3 of the Housing and
Urban Development Act of 1968, as amended (12U.S.C. 794 1 u)
❑ Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
® Fraud Policy
C. Environmental Review Requirement (ERR) - No program costs can be incurred until an
environmental review of the proposed project is completed and approved. Further, the
SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance
of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the
denial of any reimbursement of funds under this Agreement.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Public Services - Free to Be Me
Federal Amount
Project Component 1: CDBG funds are to support salaries for staff and drivers to
$75,000
transport persons with disabilities.
Activities will include but not be limited to: transportation services throughout the
week and may include weekends for adult persons with disabilities allowing them to
access vital Life Skills, community inclusion events, employment training, day
training, medical appointments, wellness activities, prescription pickup, shopping,
and other vital activities for daily living.
*Beneficiaries may be transported to various sites to enhance their life learning and
social skills
Total Federal Funds:
$75,000
The Subrecipient will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
® Maintain and provide to the County, as requested, beneficiary income certification
documentation
Maintain and provide National Objective Documentation
® Provide Quarterly Reports on National Objective and project progress
® Required attendance by a representative from executive management at scheduled
partnership meetings, as requested by CHS.
❑ Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation.
❑ Identify Lead Project Manager
❑ Provide Site Design and Specifications
❑ Comply with Davis Bacon Labor Standards
® Comply with Section 3 and maintain documentation
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❑ Provide certified payroll weekly throughout construction and rehabilitation
❑ Comply with Uniform Relocation Act (URA), if necessary
❑ Ensure applicable numbers of units are Section 504/ADA accessible
❑ Ensure the applicable affordability period for the project is met
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:
❑
LMA
— Low/Mod Area Benefit
®
LMC
— Low/Mod Clientele Benefit
❑
LMH
— Low/Mod Housing Benefit
❑
LMJ —
Low/Mod Job Benefit
LMA: Must document where at least 51 percent of the residents are LMI persons based on
HUD determined eligible census tracts. Failure to achieve the national objective under this
agreement will require repayment of the CDBG investment under this agreement.
LMC: Must document that at least 51 percent of persons served, are low to moderate
income persons or households, in order to meet a CDBG National Objective. Failure to achieve the
national objective under this agreement will require repayment of the CDBG investment under this
agreement.
LMH: Must document providing or improving permanent residential structures, which
upon completion will be occupied by LMI households. Structures with three or more units must
have at least 51 percent occupied by LMI households and structures with less than three units must
be occupied by 100 percent LMI households. Failure to achieve the national objective under this
agreement will require repayment of the CDBG investment under this agreement.
LMJ: Must document job creation and retention. The LMI benefit national objective
addresses activities designed to create or retain permanent jobs, at least 51 percent of which
(computed on a full-time equivalent basis) will be made available to or held by LMI persons.
Failure to achieve the national objective under this agreement will require repayment of the CDBG
investment under this agreement.
C. Performance Deliverables
Program Deliverable
Deliverable Supporting
Submission Schedule
Documentation
Special Grant Condition Policies
Policies as stated in this
Within sixty (60) days of
(Section 1.1)
agreement
agreement execution
Insurance
Insurance Certificate
Within 30 days of agreement
execution and Annually within
thirty 30 days of renewal
Detailed Pro ect Schedule
Project Schedule
Not Applicable
Project Plans and Specifications
Site Plans and Specific ons
Not Applicable
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Subcontractor Log
Subcontractor Log
Not Applicable
Submission of Progress Report
Exhibit C
Quarterly within 10 days
funds are to support salaries for
be provided as backup as evidenced by
following the end of the quarter.
staff and drivers to transport
invoice/Timecards/Payroll
Final report due 60 days after
persons with disabilities
Registers/Summary/driver logs/canceled
agreement ends
Section 3 Report
Quarterly report of new hire
Quarterly
limited to: transportation services
information
Davis -Bacon Act Certified
Weekly Certified Payroll
Not Applicable
Payroll
reports, forms and supporting
persons with disabilities allowing
documentation
Following close out
Financial and Compliance Audit
Audit, Management Letter and
Nine (9) months after FY end
Community and Life Skills
Exhibit E
for Single Audit OR one
inclusion events, employment
hundred eighty (180) days after
training, medical appointments,
FY end
Continued Use Certification
Continued Use Affidavit, if
Not Applicable
pickup, shopping, day treatment,
applicable
Revenue Plan for maintenance
Plan approved by the County
Not Applicable
and Capital Reserve
Program Income Reuse Plan
Plan Approved by the County
Not Applicable
D. Payment Deliverables
Payment Deliverable
Payment Supporting Documentation
Submission Schedule
Project Component 1: CDBG
Submission of supporting documents must
Submission of
funds are to support salaries for
be provided as backup as evidenced by
monthly invoices.
staff and drivers to transport
invoice/Timecards/Payroll
persons with disabilities
Registers/Summary/driver logs/canceled
Activities will include but not be
checks or banking documents/Exhibit B
limited to: transportation services
and any additional documentation as
throughout the week and may
requested.
include weekends for adult
persons with disabilities allowing
10% retainage released upon final
Following close out
them to access vital Social,
monitoring clearance and meeting the
monitoring
Community and Life Skills
National Objective
inclusion events, employment
training, medical appointments,
wellness activities, prescription
pickup, shopping, day treatment,
and other vital activities
*Beneficiaries may be transported to
various sites to enhance their life
learning skills
Final 10 percent of award amount will be paid upon completion of final monitoring clearance and
documentation of meeting the National Objective. Failure by the subrecipient to achieve the National
Objective will require repayment of the CDBG investment under this agreement.
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1.3 PERIOD OF PERFORMANCE
Services of the Subrecipient shall start on October 1, 2019 and shall end on September 30, 2020.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available (Seventy -Five Thousand) Dollars ($75,000.00) for use by
the SUBRECIPIENT, during the term of the agreement (hereinafter, shall be referred to as the
"Funds").
Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund
shifts among line items shall not be more than 10 percent of the total funding amount and does not
signify a change in scope. Fund shifts that exceed 10 percent of the agreement amount shall only
be made with Board approval.
The County shall reimburse the SUBRECIPIENT for the performance of this agreement upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible
costs, and all disbursement requests must be limited to the amount needed at the time of the
request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations
incurred during the term of this agreement. Invoices for work performed are required every month.
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 may be required if two
consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT,
when requested, as work progresses but, not more frequently than once per month. Reimbursement
will not occur if Subrecipient fails to perform the minimum level of service required by this
agreement.
Final invoices are due no later than 90 days after the end of the agreement. Work performed during
the term of the program but not invoiced within 90 days after the end of the agreement may not be
processed without written authorization from the Grant Coordinator.
The County Manager or designee may extend the term of this agreement for a period of up to 180
days after the end of the agreement. Extensions must be authorized, in writing, by formal letter to
the SUBRECIPIENT.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requirements. Except where disputed for noncompliance,
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."
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1.5 COST PRINCIPLES
Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost
allowability found at 2 CFR 200 Subpart E -Cost Principles. For the purposes of this section
(Section 1.5 -Cost Principles) of this agreement, SUBRECIPIENT is defined as a described in 2
CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under this
Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed
specifically to the projects referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT
must provide adequate documentation for validating costs incurred. Payments to
SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the
procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by
the SUBRECIPIENTS and Contractors shall comply with 2 CFR Subpart E -Cost Principles. A
Developer is not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart
E and may impose requirements upon the Developer, in order for the COUNTY to remain
compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal
controls and maintain necessary source documentation for all costs incurred and adhere to any other
accounting requirements included in this agreement.
1.6 NOTICES
Notices required by this agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, 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: Rose Munoz, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: Rosa.Munoznacolliercountyfl.gov
Telephone: (239) 252-5713
SUBRECIPIENT ATTENTION: Kirk Zaremba and Cassy Beaver
United Cerebral Palsy of Southwest Florida, Inc.
9040 Sunset Drive
Miami, FL 33173
Email:kzaremba a,sunrise rg_oup.org
cassandrabeaver(a sunrisegroup.org
Telephone: (305)-273-3055 & (239)-643-5338 Ext 101
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PART H
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.
Any deficiencies noted in audit reports must be fully cleared by the 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.
The determination of amounts of Federal awards expended shall be in accordance with guidelines
established by 2 CFR Part 200, Subpart F -Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to
determine compliance with the requirements of this agreement, the CDBG Program, and all other
applicable taws and regulations. This documentation shall include, but is not 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 this
agreement shall be made available to the COUNTY, by the SUBRECIPIENT, at any time,
upon request by the COUNTY or CHS. Materials identified in the previous sentence shall
be in accordance with generally accepted accounting principles (GAAP), procedures and
practices, which sufficiently and properly reflect all revenues and expenditures of funds
provided directly or indirectly by this agreement, including matching funds and Program
Income. These records shall be maintained to the extent of such detail as will properly
reflect all net costs, direct and indirect labor, materials, equipment, supplies and services,
and other costs and expenses of whatever nature for which reimbursement is claimed under
the provisions of this agreement.
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D. Upon completion of all work contemplated under this agreement, copies of all documents
and records relating to this agreement shall be surrendered to CHS, if requested. In any
event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a
readily accessible, permanent, and secured location for five (5) years after the date of
submission of the annual performance and evaluation report, as prescribed in 2 CFR
200.333, with the following exception: if any litigation, claim, or audit is started before the
expiration date of the five (5) year period, the records will be maintained until all litigation,
claim, or audit findings involving these records are resolved. The COUNTY shall be
informed, in writing, if an agency ceases to exist after closeout of this agreement of the
address where the records are to be kept, as outlined in 2 CFR 200.336. The
SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at
no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon
termination of the contract and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible with the
information technology systems of the COUNTY.
IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT 239-252-68329
Michael.Cox(a)colliercountyfl.Eov, 3299 Tamiami Trail E, Naples
FL 34112.
E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of
1931, 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. SUBRECIPIENT will be responsible for the creation and maintenance of income eligible
files on clients served and documentation that all households are eligible under HUD
Income Guidelines. The SUBRECIPIENT agrees that CHS shall be the final arbiter on the
SUBRECIPIENT's compliance.
G. SUBRECIPIENT shall document how the National Objective(s), as defined in 24 CFR
570.208 and the eligibility requirement(s) under which funding has been received, have
been met. These also include special requirements, such as necessary and appropriate
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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 COUNTY would provide the records and at a cost that does not
exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized
by 2 CFR 200.336 and 2 CFR 200.337.
2.3 MONITORING
During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to
the COUNTY no later than nine (9) months after the Single Audit (or one hundred eighty (180)
days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT'S fiscal year end.
The COUNTY will conduct an annual financial and programmatic review.
SUBRECIPIENT agrees that CHS may cavy 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 CHS, submit information and status reports required by CHS or HUD to enable CHS to
evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall
allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or
unscheduled, as determined by CHS or HUD.
COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud,
waste, abuse, or non-performance, based on goals and performance standards, as stated, with all
other applicable laws, regulations, and policies governing the funds provided under this agreement
further defined by 2 CFR 200.331. Substandard performance, as determined by the COUNTY, will
constitute noncompliance with this agreement. If corrective action is not taken by the
SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract
suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD,
the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the
COUNTY's internal auditor(s) access to all records related to performance of activities in this
agreement.
2.4 PREVENTION OF FRAUD AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient
to prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this
agreement and to provide for the proper and effective management of all Program and Fiscal
activities of the agreement. SUBRECIPIENT's internal control systems and all transactions and
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d�
other significant events shall be clearly documented, and the documentation shall be readily
available for monitoring by COUNTY.
SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees,
and agents for the purpose of monitoring or investigating the performance of the Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent
waste, fraud, and abuse.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this Agreement, or of any law or regulation to COUNTY or to any
appropriate law enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this contract. Penalties may be imposed for failures to implement or to make
acceptable progress on such corrective action plans.
In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation
policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant
funds from CHS. CHS's policy for escalation for non-compliance is as follows:
Initial non-compliance may result in Findings or Concerns being issued to the
SUBRECIPIENT, which will require a corrective action plan be submitted to the
COUNTY within 15 days following issuance of the report.
• Any pay requests that have been submitted to the COUNTY for payment will
be held until the corrective action plan has been submitted.
CHS will be available to provide Technical Assistance (TA) to the
SUBRECIPIENT, as needed, in order to correct the non-compliance issue.
2. If in the case SUBRECIPIENT fails to submit the corrective action plan in a timely
manner to the COUNTY, the COUNTY may require a portion of the awarded grant
amount be returned to the COUNTY.
The COUNTY may require upwards of five percent (5%) of the award amount
be returned to the COUNTY, at the discretion of the Board of County
Commissioners.
• The entity may be denied future consideration as set forth in Resolution No.
2013-228.
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3. If in the case SUBRECIPIENT continues to fail to correct the outstanding issue or
repeats an issue that was previously corrected and has been informed by the
COUNTY of their substantial non-compliance by certified mail; the COUNTY
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
COUNTY.
• The COUNTY may require upwards often percent (10%) of the award amount
be returned to the COUNTY, at the discretion of the Board of County
Commissioners.
• The SUBRECIPIENT will be considered in violation of Resolution No. 2013-
228.
4. If in the case, after repeated notification, SUBRECIPIENT continues to be
substantially non-compliant, the COUNTY may recommend the contract or award
be terminated.
• The COUNTY will make a recommendation to the Board of County
Commissioners to immediately terminate the agreement or contract. The
SUBRECIPIENT will be required to repay all funds disbursed by the
COUNTY for the project that was terminated. This includes the amount
invested by the COUNTY for the initial acquisition of properties or other
activities.
• SUBRECIPIENT will be considered in violation of Resolution No. 2013-228.
If in the case SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be
non-compliant, the above sanctions may be imposed across all awards at the BCC's discretion.
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this agreement, and on the resolution of monitoring findings identified pursuant to this
agreement, as deemed necessary by the County Manager or designee.
During the term, 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 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
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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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��7
PART III
I Y DI t7iLk�I\0
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; (2) the SUBRECIPIENT does not assume the recipient's
responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) the
SUBRECIPIENT is 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 laws, regulations, and policies governing the funds provided under this agreement.
The SUBRECIPIENT further agrees to utilize funds available under this agreement to supplement
rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating
or establishing the relationship of 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.
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 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.
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
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activities to be undertaken as part of this agreement, such modifications will be incorporated only
by written amendment, signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from 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, or the reduction of funds awarded by HUD to
Collier County, to a level, determined by the County Manager, to be insufficient to adequately
administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all
or any portions of the funds will not be available. In either event, the COUNTY may terminate this
agreement, which termination shall be effective as of the date that it is determined by the County
Manager or designee, in his/her sole discretion and judgment, that the funds are no longer available.
In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to
hold the COUNTY, nor any individual member of the County Commissioners and/or County
Administration, personally liable for the performance of this agreement, and the COUNTY shall
be released from any further liability to SUBRECIPIENT under the terms of this agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act, 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 there-
on. 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 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/SPONSORSIIIPS
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, whether printed or digitally prepared and released by the SUBRECIPIENT for, on
behalf of, and/or about the Program shall include the statement:
G°FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN
SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team, as well as
Equal Housing Opportunity, to the general public. Construction signs shall comply with applicable
COUNTY codes.
3.8 DEFAULTS, REMEDIES, AND TERMINATION
In accordance with 2 CFR 200.339, this agreement may also be terminated for convenience by
either the COUNTY or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for
such termination, the effective date, and, in the case of partial terminations, the portion to be
terminated. However, if in the case of a partial termination, the COUNTY determines that the
remaining portion of the award will not accomplish the purpose for which the award was made, the
COUNTY may terminate the award in its entirety.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
agreement:
A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or
such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as
may become applicable at any time.
B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its
obligations under this agreement.
C. Ineffective or improper use of funds provided under this agreement.
D. Submission by the SUBRECIPIENT to the COUNTY 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.
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
that SUBRECIPIENT has received under this agreement.
D. Apply sanctions, if determined by the COUNTY to be applicable.
E. Stop all payments, until identified deficiencies are corrected.
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. Regulations regarding real properly are
subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7).
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" and 2 CFR 200.310, has been obtained, and said
insurance shall be carried, at all times, during SUBRECIPIENT's performance under the
agreement.
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, Cost Principles and
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Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the
Community Development Block Grant (24 CFR 570 et seq.).
3.12 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through
.326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing
thresholds are:
Range:
Competition Required
$0-$3,000
Single Quote with documentation
$3,000 - $50,000
3 Written Quotes
$50,000+
Formal Solicitation ITB, RFP, etc.
All improvements specified in Part I. Scope of Work shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding, under a procedure acceptable to the
COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts for
improvements with the lowest, responsible and qualified bidder. Contract administration shall be
handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records
and documents related to the project.
3.13 PROGRAM GENERATED INCOME
No Program Income is anticipated. In the event Program Income is derived from the use of CDBG
funds disbursed under this agreement, such Program Income shall be utilized by the
SUBRECIPIENT for CDBG-eligible activities, approved by COUNTY. 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 accordingly, and shall be in
compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When
program income is generated by an activity that is only partially assisted with CDBG funds,
the income shall be prorated to reflect the percentage of CDBG funds used. In the event there
is a program income balance at the end of the Program Year, such balance shall revert to the
COUNTY's Community Block Grant Program, for further reallocation.
3.14 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed.. The SUBRECIPIENT may close out the project with the COUNTY after the five (5)
year continued use period has been met (for public services, "after the expiration of the
Agreement"). The continued use period shall commence with the later of the Subrecipient meeting
the National Objective or the recording of lien and/or deed restriction documentation). Activities
during this closeout period shall include, but are not limited to making final payments, disposing
of program assets (including the return of all unused materials, equipment, program income
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balances, and receivable accounts to the COUNTY), and determining the custodianship of records.
In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with
Section 119.021, Florida Statutes regarding records maintenance, preservation, and retention. A
conflict between state and federal 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 that have been advanced or paid must be returned to the COUNTY. Any funds
paid exceeding the amount SUBRECIPIENT is entitled to 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. Closeout procedures must
take place in accordance with 2 CFR 200.343.
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 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
At least 51 percent of the beneficiaries of a project funded through this agreement must be low -
and moderate- income persons or presumed to be low- to moderate- income persons based on
applicable regulation, if the agreement is meeting a national objective through a LMI strategy. If
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the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide,
more than 30 percent 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 AFFIIZMATIVE 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 finds. The Affirmative Action will need to be updated throughout the continued use
period and must be submitted to COUNTY within 30 days of update/modification.
3.19 CONFLICT OF INTE RE,
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 SUBRECIPIENT. The SUBRECIPIENT covenants that
it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", 2 CFR 200.318, and
the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest.
The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person, or an entity
owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified; and the costs are reasonable. Approval
of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not
intended to limit SUBRECIPIENT's ability to self -manage the projects using its own employees.
Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its
contractors shall be disclosed, in writing, to CHS provided, however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low- and moderate -
income residents of the project target area.
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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 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 INCIDENT REPORTING
If services to clients are to be provided under this agreement, the SUBRECIPIENT and any
subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of
a child, aged person, or disabled adult to the COUNTY.
3.22 SEVERABILITY
Should any provision of the agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
https://www.ecfr.goy/cizi-bin/text-idx?ip l=/ecfrbrowse/Title24/24cfr570_main_02.1p
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
https://www.ecfr.gov/cgi-bin/text-idx?ipl=/ecfrbrowse/Titic24/24cfr58_main_02.tp1
4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended
https://portal.hud.gov/hudportal/HUD?src=/program offices/fair_ housing_ equal opp/FHLaws/10
4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing
Act.
http://www.hud.gov/offices/fheo/library/huddoistatement.odfittDs://www.hud.izov/program offic
es/fair_ housing_ equal opp/ReasonableAccommodationsl5
Executive Order 11063 —Equal Opportunity in Housing
https://www.hud.gov/program offices/fair housing equal opp/FHLaws/EX011063
Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs
https://www. archives. gov/federal-reizister/cod ification/executive-order/ 12259. html
24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.0
https://www.law.comell.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 https://www.hud.gov/proizramdescription/titic6
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.
https://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vola-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:
https://www.hud.tzov/program offices/fair housing equal opp/FHLaws/EX011246
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
Affirmative Action employer.
hLtps://www.hud.jzoy/propramdescription/title6
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 14UD
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 Subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the agreement through which Federal
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
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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https://www.hud.pov/sites/documents/DOC_12047.PDF
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
https://www.ecfr.gov/cni-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title24/24efrl35_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
https://www.hud. og_y/propram_offices/fav housing equal opp/FHLaws/109
https://portal.hud.govlhudportal/HLID?src=/program offices/fair housing equal opp/FHLaws/E
X011063
11246: https://www.dol.gov/ofccp/rens/statutes/eol 1246.htm
11375: Amended by EO 11478
11478: https://www.archives.goy/federal-register/codification/executive-order/l1478.html
12107: https://www.archives.izov/federal-register/codification/executive-order/12107.html
12086: https://www.archives.goy/federal-register/codification/executive-order/12086.htm1
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
hLtps://www.dol.gov/whd/regs/statutes/safe0l.p
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K.
Section 504: https://www.epa.gov/civilrights/sec504.htm
29 USC 776: https://law.onecle.coin/uscode/29/776.htm1
24 CFR 570.614: https://www.law.comell.edu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990: https://www.hud. ovg /hudprograms/eohudgp
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
https://www.lhwa.dot.gov/real estate/uniform act/index.cfm
4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects, 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
https://www.law.comell.cdu/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)
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hftps://www.law.comefl.edu/cfr/textt29/part-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally
assisted projects. httos://www.presidency.ucsb.edu/ws/index.phhp?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.
httos://www.archives.gov/federal-register/codification/executive-order/i 1625.html
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: httos://www.gpo.r4ov/fdsys/pkg/CFR-2010-titte24-vol3/pdf/CFR-2010- title24-
vol3-sec570-608.ndf
E.O. 13279: httn://www.fedgoycontracts.com/pe02-96.htm
4.18 Public Law 100-430 - the Fair Housing Amendments Act of 1988.
https://www.ncbi.nlm.nih.govL/pttbmed/12289709
4.19 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
httos://www.ecfr.gov/cizi-bin/text-idx?ipl=/ecfrbrowse/Title02/2cfr200 main 02.tn1
4.20 Immigration Reform and Control Act of 1986
https://www.ecoc.goy/ecoc/histoDL/35th/flielaw/irca.html
4.21 Prohibition of Gifts to County Employees - No organization or individual shall offer or give, either
directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any County
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-
httas://www.lawserver.coin/law/state/florida/statutes/florida statutes chapter 112 part iii
Collier County-
http://www.colliergov.net/home/showdocument?id=35137
4.22 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the
agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
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by application of the Supplemental Conditions, if any, or the agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
4.23 Venue -Any suit of action brought by either party to this agreement against the other party, relating
to or arising out of this agreement; must be brought in the appropriate federal or state courts, in
Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required
for this item).
4.24 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this agreement
to resolve disputes between the 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, Florida
Statutes. The litigation arising out of this agreement shall be adjudicated in Collier County, Florida,
if in state court and the US District Court, Middle District of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
https://www.flsenate.,gov/Laws/Statutes/2012/44.102
4.25 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. httns://www. law.corilell.edu/uscode/text/42/7401
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.law.comell.edu/uscode/text/33/chapter-26
4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 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.
https://www.law.comell.edu/cfr/text/24/570.605
4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to the HUD Lead- Based Paint Poisoning
Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo.eov/fdsys/granule/CFR-
2000-title24-vol3/CFR-2000-title24-vol3-sec570-608-id 163
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4.28 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this agreement.
https://www.Lips.go,v/histo!y/local-law/nhpal966.htm
l966.htm
https://www.ecfr.gov/cai-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title36/36efr800 main 02.tpI
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.
https://www.nps.goy/history/local-14w/nhpal966.htm
4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with
the Drug -Free Workplace Act of 1988 (41 USC 701).
https://www.gpo.gov/fdsys/granule[USCODE-2009-title4l/USCODE-2009-title4l-chap 10-
sec701
4.30 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and, that the SUBRECBPIENT 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.
httns://www.law.cornell.edu/cfr/text/24/570.609
4.31 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable
and agrees to adhere to the accounting principles and procedures required therein, utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred. These
requirements are enumerated in 2 CFR 200, et seq.
4.32 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be
submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The
SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500. Subrecipients exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT' S
fiscal year. Per 2 CFR 200.344, if this agreement is closed out prior to the receipt of an audit report,
the COUNTY reserves the right to recover any disallowed costs identified in an audit after such
closeout.
httns: //www. ecfr. gov/c gi-bin/text-
idx?SID=5a78addeff1Ja535e83fed3010308aef&mc=true&node=se2.1.200 1344&rgn=div8
4.33 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation
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d
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 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.
h-qs://www.gpo.goy/fdsys/pranule/CFR-1 999-title49-voll/CFR-1999-title49-voll-sec24-1 01
https://www. gpo. gov/fdsys/granule/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-505
4.34 As provided in § 287.133, Florida Statutes, by entering into this agreement or performing any work
in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.
This notice is required by § 287.133 (3) (a), Florida Statutes.
http://www.leg.state.fl.us/Statutes/iiidex.cfm?App mode=Dis lalav Statute&Search String=&UR
L=0200-0299/0287/Sections/0287.133.html
4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress, in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions. The undersigned shall require that the language of
this certification be included in the award documents for all sub -awards at all tiers (including
subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem
rates in effect at the time of travel.
https://www.gsa.goy/portal/content/104877
4.37 Equal access in accordance with the individual's gender identity in community planning and
development programs, per 24 CFR 5.106.
https://www.izovreg,s.com/regulations/expand/title24 part5 subpartA section5.106
4.38 Housing Counseling, including homeownership counseling or rental housing counseling, as defined
in §5.100, required under or provided in connection with any program administered by HUD shall
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be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214
to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111.
https://www.ecfr. izov/cgi-bin/text-
idx?SID=e33 9ece9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn—div6
https://www.law.comell.edu/cfr/textt24/5.111
4.39 HUD Final Rule — Implementation of the Violence Against Women Reauthorization Act of 2013
which applies for all victims of domestic violence, dating violence, sexual assault, and stalking,
regardless of sex, gender identity, or sexual orientation, and which must be applied consistent
with all nondiscrimination and fair housing requirements.
https://www.federalregister. gov/documents/2016/ 11/16/2016-25888/violence-against-women-
reauthorization-act-of-2013-implementation-in-hud-housing-procrams
4.40 Any rule or regulation determined to be applicable by HUD.
4.41 Florida Statutes 713.20, Part 1, Construction Liens
https://www.lee.state.fl.us/Statutes/index.cfm?App mode—Display Statute&URL=0700-
0799/0713/0713.html
4.42 Florida Statutes 119.021 Records Retention
http://www.icg.state.fl.us/Statutes/iiidex.cfm?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.021.html
4.43 Florida Statutes, 119.071, Contracts and Public Records
http://www.teg.state.fl.us/Statutes/index.cfin?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.021.html
(Signature Page to Follow)
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OdO
co
IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an t?
authorized person or agent, hereunder set their hands and seals on the date first written above. 6
x
m
0
m
o -
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
WILLIAM L. McDANIEL, JR., CHAIRMAN
Date:
UNITED CEREBRAL PALSY. OF SOUTHWEST
Dated: FLORIDA, INC.
(SEAL)
By:
JOHN KEL HER, CFO -SECRETARY/
TREASUR
Date:AM4 Vb,l 2-0 ICA
Appt�ved as to form and legality:
Jennifer A. Belpedi
Assistant County towy a 5 1�1P
Date: 5/30 11 /
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PART V
EXIMITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
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.
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.
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.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its
Subcontractors to provide, original certificates indicating the following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than one
hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001),
the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal
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Me
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.
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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EXIIIBIT B
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: United Cerebral Palsy of Southwest Florida, Inc. (UCP)
Subrecipient Address: 9040 Sunset Drive Miami FL 33173
Project Name: Free to Be Me -Transportation Program
Project No: PS19-02 IDIS#
Total Payment Minus Retainage
Period of Availability: 10/1/2019 through 09/30/2020
Payment Request #
Period for which the Agency has incurred the indebtedness through
SECTION H: STATUS OF FUNDS
1. Grant Amount Awarded
2. Sum of Past Claims Submitted on this Account
3. Total Grant Amount Awarded Less Sum of Past Claims
Submitted on this Account
4. Amount of Today's Request
5. 10% Retainage Amount Withheld (if applicable)
6. Current Grant Balance (Initial Grant Amount Award
request) (includes Retainage)
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief,
all grant requirements have been followed.
Signature
Title
Authorizing Grant Coordinator
Supervisor
(Approval required $15,000 and above)
Date
Authorizing Grant Accountant
Division Director
(Approval Required $15,000 and
above)
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cy
EXIIIBIT C
QUARTERLY PERFORMANCE REPORT DATA
GENERAL -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. At COUNTY's discretion, SUBRECIPIENT may be
required to enter the information collected on this exhibit into an online grant management system.
Agency Name: United Cerebral of Southwest FL (UCP)
Date:
Project Title: Public Services — Free to be Me
IDIS #:
Transportation Program
January 10'
Program Contact: Kirk Zaremba and/or Cassy Beaver
Telephone Number: (305) 273-3055 and
Aril 10th
239 643-5338 Ext 101
Activity
Reporting Period
Report Due Date
October
I"—December 315'
January 10'
January
151— March 315f
Aril 10th
April I"
— June 30"
Jul 101"
Jul 1s1—
September 30'
October l01b
REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period):
12/31/19 3/31/20 6/30/20 9/30/20
Please note: The CDBG/HOME/ESG Program year begins October 1, 2019 — September 30, 2020. Each quarterly
report must include cumulative data beginning from the start of the program year October 1, 2019.
1.
Please list the outcome goal(s) from your approved application and subrecipient agreement and indicate your
progress in meeting those goals since. October 1, 2019.
for this peried?
a.
Outcome Goals: list the outcome goal(s) from your approved application and subreci ient agreement
Section 108 Loan Guarantee $
CDBG
Outcome 1: 45 Adult persons with disabilities will benefit fi-om the transportation services.
Other Consolidated Plan Funds $
Outcome 2: Maintain staff and drivers to deliver the transportation program.
$
Outcome 3: Documentation of National Objective achievement: LMI/LMC Presumed Low Mod Clientele —
must document that 51 % of persons served are at low to moderate income.
ESG
b.
Goal Progress: Indicate the progress to date in meeting each outcome goal.
$
HOPWA
Outcome 1:
$
Outcome 2:
$
Outcome 3:
2.
Is this project still in compliance with the original project schedule: Yes No
If No, Ex lain:
3.
Since October 1, 2019; of the persons assisted, how many...
Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes
a. ...now have new access(continuing) to this service or benefit?
0
b. ...now have improved access to this service or benefit?
0
C. ...now receive a service or benefit that is no longer substandard?
0
Total
0
4.
What funding sources did the subreci fent apply
for this peried?
Public Services -Free To Be Me -Transportation Services
Section 108 Loan Guarantee $
CDBG
$
Other Consolidated Plan Funds $
HOME
$
Other Federal Funds $
ESG
$
$
HOPWA
$
$
Total Entitlement Funds
$
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GQ,O
5.
What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if
applicable? Answer question 5a or 5b; NOT both
For LMC activities: people, race/ethnicity, and income data are reported by persons.
For LMH activities: households, race/ethnicity, and income level are reported by households, regardless
the number of persons in the household.
E.
a.
Total No. Persons/Adults served
MC
0 1 Total No. persons served under 18 (LMC) 0
YTD Total 0 YTD Total 0
Quarter Total No. of Persons
0 Quarter Total No. of Persons 0
a
Presumed Benefit Activities Onl LMC TR
b
Presumed Benefit Activities Only (L C) YTD
ELI
0 Abused Children
b.
Total No. of Households served
0 Total No. of female head of household (LMH) 0
6.
What is the total number of UNDUPLICATED clients served since October, if applicable?
Answer question 6a or 6b, NOT both
For LMC activities: race/ethnicity and income data are reported by persons.
E.
a. Total No. Persons/Adults served 0 Total No Persons served under 18 (LMC) 0
LMC
YTD Total: 0 YTD Total 0
b. Total No. Households served LMH 0 Total No. female head of household (LMH) 0
YTD Total 0 YTD Total 0
8.
Complete EITHER question 7 or 8, NOT both
Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed
Benefit categories.
E.
PRESUMED BENEFICIARY DATA ONLY:
LMC Quarter
PRESUMED BENEFICIARY DATA ONLY
MC YTD
Indicate the total number of UNDUPLICATED
persons served this quarter who fall into each
presumed benefit category (the total should equal the
total in question Ma or 6b):
Indicate the total number of UNDUPLICATED persons
served since October 1 who fall into each presumed
benefit category (the total should equal the total in
question #6a or 6b):
Indicate the total number of UNDUPLICATED
persons served this Quarter who fall into each
income category (the total should equal the total
uestion #6):
a
Presumed Benefit Activities Onl LMC TR
b
Presumed Benefit Activities Only (L C) YTD
ELI
0 Abused Children
ELI
b
0 Abused Children ELI
0 Homeless Person
ELI
0 Homeless Person ELI
0 Migrant Farm Workers
LI
0 Migrant Farm Workers LI
0 Battered Spouses
LI
0 Battered Spouses LI
0 Persons w/HIV/AIDS
LI
0 Persons w/HIWAIDS LI
0 Elderly Persons
LI or MOD
0 Elderly Persons LI or MOD
0 Illiterate Adults
LI
0 Illiterate Adults LI
0 Severely Disabled
Adults
LI
0 Severely Disabled Adults LI
0 Quarter Total
0 YTD Total
8.
Complete question 8a and 8b if any client in your program
does not fall into a Presumed Benefit category.
Other Beneficiary Data: Income Range
Other Beneficiary Data: Income Range
Indicate the total number of UNDUPLICATED
persons served this Quarter who fall into each
income category (the total should equal the total
uestion #6):
in
Indicate the total number of UNDUPLICATED persons
served since October 1 (YTD) who fall into each income
category (the total should equal the total in question #6):
a
ELI
Extremely Low Income (0300%)
0
b
ELI
Extremely Low Income (0-30%)
0
LI
Low Income (31-50%)
0
LI
Low Income
0
MOD
Moderate Income (51-80%)
0
MOD
Moderate Income (51-80%)
0
NON-
LIM
Above Moderate Income (>800/.)
0
NON-
L/M
Above Moderate Income (>80%)
0
Quarter Total
0
YTD Total
0
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9.
Racial & Ethnic Data if applicable)
Please indicate how many UNDUPLICATED
clients served this Quarter 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 in qu tion 6.question
Please indicate how many UNDUPLICATED clients
served since October (YTD) 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 in
6.
a. RACE ETHNICITY
/HISPANIC
b. RACE ETHNICITY
/HISPANIC
White 0 0
White 0 0
Black/African American 0 0
Black/African American 0 0
Asian 0 0
Asian 0 0
American Indian/Alaska Native 0 0
American Indian/Alaska Native 0 0
Native Hawaiian/Other Pacific Islander 0 0
Native Hawaiian/Other Pacific Islander 0 0
Black/African American & White 0 0
Black/Afriem American & White 0 0
American Indian/AlaskaNative & 0 0
Black/African American
American Indian/AlaskaNative & 0 0
Black/African American
Other Multi -racial 0 0
Other Multi -racial 0 0
0 0
0 0
Name:
Signature:
Title:
Your typed name here represents your electronic signature
UCP
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EXHIBIT D
INCOME CERTIFICATION
INSTRUCTIONS
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 0.00
Total Cash Value of Assets B(a) 0.00
Total Income from Assets 13(b) 0.00
If line B(a) is greater than $5,000, multiply that amount by the rate specified
by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave
blank. B(c)
UCP
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A. Anticipated Annual Income: Includes Unearned Income and Support Paid on
Behalf of Minors
Member Wages /
Benefits / Public Other
PS19-02
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Pensions Assistance Income
Page 38
CAS
(include tips,
Asset
commissions,
Income
bonuses, and
overtime)
(Enter the
I
greater of
2
box B(b) or
3
box B(c),
in
above,
4
box C(e)
5
below)
6
7
8
Totals (a)
(b) (c) (d)
(e)
0.00
0.00 0.00 0.00
Enter total of items C(a) through C(c).
0.00
This amount is the Annual Anticipated Household Income.
B. Recipient Statement: The information on this form is to be used to determine maximum
income for eligibility. Uwe have provided, for each person set forth in Item A, acceptable
verification of current and anticipated annual income. I/we certify that the statements are true
and complete to the best of my/our knowledge and belief and are given under penalty ofperjury.
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
Adult Household Member (if applicable)
Adult Household Member (if applicable)
Date
Date
Date
Date
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CAS
A. 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:
❑ Extremely Low Income (ELI) Household means and individual or family whose annual income
does not exceed 30/50t1i of the Very Low Income (60 percent of VLI) 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 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
B. Household Data
Date
Title
Number of Persons
By Race / Ethnicity By Age
Native
American
Hawaiian or
0—
26—
41—
62+
Indian
Asian
Black
Other Pac.
White
Other
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 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.
UCP
PS19-02
Public Services -Free To Be Me -Transportation Services Page 39
GAO
EXHIBIT E
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if
subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires
that all appropriate documentation is provided regarding your organization's compliance. In determining Federal
awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the
activity related to the Federal award occurs, including any Federal award provided by Collier County. The
determination of amounts of Federal awards expended shall be in accordance with the guidelines established by
established by 2 CFR Part 200, Subpart F —Audit Requirements. This form may be used to monitor Florida Single
Audit Act Statute 215.97 requirements.
Subrecipient
United Cerebral Palsy of Southwest Florida, Inc. (UCP)
Name
First Date of Fiscal Year MM/DD/YY
Last Date of Fiscal Year MM/DD/YY
Total Federal Financial Assistance Expended
Total State Financial Assistance Expended during
during most recently completed Fiscal Year
most recently completed Fiscal Year
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has
been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed
or will be completed by . Copies of the audit report and management letter
are attached or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑
❑ Are a for-profit organization
❑ Are exempt for other reasons —explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit report. While we
understand that the audit report contains a written response to the finding(s), we are
requesting an updated status of the corrective action(s) being taken. Please do not provide
just a copy of the written response from your audit report, unless it includes details of the
actions, procedures, policies, etc. implemented and when it was or will be implemented.
Certification Statement
hereby certify that the above information is true and accurate.
Signature
Date
Print Name and Title
UCP
PS19-02
Public Services -Free To Be Me -Transportation Services
06/18
Page 40
LPA
FAIN #
B -19 -UC -12-0016
B -18 -UC -12-0016
B -17 -UC -12-0016
Federal Award Date
Est. 10/2019
Federal Award Agency
HUD
CFDA Name
Community
Development Block
Grant
CFDA/CSFA#
14.218
Total Amount of Federal
Funds Awarded
$75,000
Subrecipient Name
Collier County Child
Advocacy Council, Inc.
(CAC
DUNS#
054301671
FEIN
65-0049492
R&D
No
Indirect Cost Rate
No
Period of Performance
10/01/2019-09/30/2020
Fiscal Year End
6/30
Monitor End:
12/2020
AGREEMENT BETWEEN COLLIER COUNTY
AND
COLLIER COUNTY CHILD ADVOCACY COUNCIL, INC.
THIS AGREEMENT is made and entered into this day of 20_, by and
between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having
its principal address at 3339 E Tamiami Trail, Naples FL 34112, and Collier County Child Advocacy
Council, Inc., (CAC), ("Subrecipient"), having its principal office at 1036 6" Avenue North, Naples, FL
34102.
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 2019-2020 for the CDBG Program with
Resolution 2019- on June 25, 2019 —Agenda Item ; and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans, the County advertised the 2019/2020 Annual
Action Plan, on May 24, 2019, with a 30 -day Citizen Comment period from May 24, 2019 to June 25,
2019: and
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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 the undertaking the CDBG PS 19-03 Family Safety Program.
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
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 provided herein and, as determined by Collier County
Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as
follows:
Project Name: Public Service -Family Safety Program
Description of project and outcome:
CHS, as an administrator of the CDBG program, will make available FY2019-2020 CDBG funds
up to the gross amount of $75,000 to the Collier County Child Advocacy Council, Inc. (CAC) to
fund:
Partial salary and benefits of staff to facilitate the Family Safety Program
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty (60) calendar days of the execution of this agreement, the SUBRECIPIENT
must deliver to CHS for approval a detailed project schedule for the completion of the
project, excluding Public Service projects.
B. The following resolutions and policies must be submitted by the SUBRECIPIENT within
sixty (60) days of this agreement:
Affirmative Fair Housing Policy
Affirmative Action/ Equal Opportunity Policy
® Conflict of Interest Policy
❑ Procurement Policy
❑ Uniform Relocation Act Policy
Sexual Harassment Policy
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® Procedure for meeting the requirements set forth in Section 3 of the Housing and
Urban Development Act of 1968, as amended (12U.S.C. 794 1 u)
❑ Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
® Fraud Policy
C. Environmental Review Requirement (ERR) - No program costs can be incurred until an
environmental review of the proposed project is completed and approved. Further, the
SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance
of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the
denial of any reimbursement of funds under this Agreement.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Family Safety Program
Federal Amount
Project Component 1: Funding costs will include but not be limited to the following
expenses: partial salary and benefits of staff to facilitate the Family Safety program
$75,000
Total Federal Funds:
$75,000
The Subrecipient will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
® Maintain and provide to the County, as requested, beneficiary income certification
documentation
® Maintain and provide National Objective Documentation
® Provide Quarterly Reports on National Objective and project progress
Z Required attendance by a representative from executive management at scheduled
partnership meetings, as requested by CHS.
❑ Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation.
❑ Identify Lead Project Manager
❑ Provide Site Design and Specifications
❑ Comply with Davis Bacon Labor Standards
Z Comply with Section 3 and maintain documentation
❑ Provide certified payroll weekly throughout construction and rehabilitation
❑ Comply with Uniform Relocation Act (URA), if necessary
❑ Ensure applicable numbers of units are Section 504/ADA accessible
❑ Ensure the applicable affordability period for the project is met
B. National Objective
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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:
❑
LMA
— Low/Mod Area Benefit
®
LMC
— Low/Mod Clientele Benefit
❑
LMH
— Low/Mod Housing Benefit
❑
LMJ —
Low/Mod Job Benefit
LMA: Must document where at least 51 percent of the residents are LMI persons based on
HUD determined eligible census tracts. Failure to achieve the national objective under this
agreement will require repayment of the CDBG investment under this agreement.
LMC: Must document that at least 51 percent of persons served, are low to moderate
income persons or households, in order to meet a CDBG National Objective. Failure to achieve the
national objective under this agreement will require repayment of the CDBG investment under this
agreement.
LMH: Must document providing or improving permanent residential structures, which
upon completion will be occupied by LMI households. Structures with three or more units must
have at least 51 percent occupied by LMI households and structures with less than three units must
be occupied by 100 percent LMI households. Failure to achieve the national objective under this
agreement will require repayment of the CDBG investment under this agreement.
LMJ; Must document job creation and retention. The LMI benefit national objective
addresses activities designed to create or retain permanent jobs, at least 51 percent of which
(computed on a full-time equivalent basis) will be made available to or held by LMI persons.
Failure to achieve the national objective under this agreement will require repayment of the CDBG
investment under this agreement.
C. Performance Deliverables
Program Deliverable
Deliverable Supporting
Submission Schedule
Documentation
Special Grant Condition Policies
Policies as stated in this
Within sixty (60) days of
Section 1.1
agreement
agreement execution
Insurance
Insurance Certificate
Within 30 days of agreement
execution and Annually within
thirty 30 da sof renewal
Detailed Project Schedule
Project Schedule
Not Applicable
Project Plans and Specifications
Site Plans and Specifications
Not Applicable
Subcontractor Log
Subcontractor Log
Not Applicable
Submission of Progress Report
Exhibit C
Quarterly within 10 days
following the end of the quarter.
Final report due 60 days after
agreements ends
Section 3 Report
Quarterly report of new hire
Quarterly
information
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Davis -Bacon Act Certified
Weekly Certified Payroll
Not Applicable
Payroll
reports, forms and supporting
Submission of
costs will include but not be
documentation
monthly invoices.
Financial and Compliance Audit
Audit, Management Letter and
Nine (9) months after FY end
Fund partial salary and benefits to
Exhibit E
for Single Audit OR one
facilitate the Family Safety
hundred eighty (180) days after
Program
documents/Exhibit B and any additional
FY end
Continued Use Certification
Continued Use Affidavit, if
Not Applicable
applicable
Following closeout
Revenue Plan for maintenance
Plan approved by the County
Not Applicable
and Capital Reserve
National Objective
Program Income Reuse Plan
Plan Approved by the County
Not Applicable
D. Payment Deliverables
Payment Deliverable
Payment Supporting Documentation
Submission Schedule
Project Component 1: Funding
Submission of supporting documents
Submission of
costs will include but not be
must be provided as backup, as evidenced
monthly invoices.
limited to the following expenses:
by: invoice(s)/timesheets/Payroll
Fund partial salary and benefits to
Registers/Summary/banking
facilitate the Family Safety
Program
documents/Exhibit B and any additional
documentation as requested
10% retainage request released upon final
Following closeout
monitoring clearance and meeting the
monitoring
National Objective
Final 10 percent of award amount will be paid upon completion of final monitoring clearance and
documentation of meeting the National Objective. Failure by the subrecipient to achieve the National
Objective will require repayment of the CDBG investment under this agreement.
1.3 PERIOD OF PERFORMANCE
Services of the Subrecipient shall start on October 1, 2019 and shall end on September 30, 2020.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available (Seventy -Five Thousand) Dollars ($75,000.00) for use by
the SUBRECIPIENT, during the term of the agreement (hereinafter, shall be referred to as the
"Funds").
Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund
shifts among line items shall not be more than 10 percent of the total funding amount and does not
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signify a change in scope. Fund shifts that exceed 10 percent of the agreement amount shall only
be made with Board approval.
The County shall reimburse the SUBRECIPIENT for the performance of this agreement upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible
costs, and all disbursement requests must be limited to the amount needed at the time of the
request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations
incurred during the term of this agreement. Invoices for work performed are required every month.
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 may be required if two
consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT,
when requested, as work progresses but, not more frequently than once per month. Reimbursement
will not occur if Subrecipient fails to perform the minimum level of service required by this
agreement.
Final invoices are due no later than 90 days after the end of the agreement. Work performed during
the term of the program but not invoiced within 90 days after the end of the agreement may not be
processed without written authorization from the Grant Coordinator.
The County Manager or designee may extend the term of this agreement for a period of up to 180
days after the end of the agreement. Extensions must be authorized, in writing, by formal letter to
the SUBRECIPIENT.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requirements. Except where disputed for noncompliance,
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 PRINCH'LES
Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost
allowability found at 2 CFR 200 Subpart E -Cost Principles. For the purposes of this section
(Section 1.5 -Cost Principles) of this agreement, SUBRECIPIENT is defined as a described in 2
CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) Iisted under this
Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed
specifically to the projects referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT
must provide adequate documentation for validating costs incurred. Payments to
SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the
procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by
the SUBRECIPIENTS and Contractors shall comply with 2 CFR Subpart E -Cost Principles. A
Developer is not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart
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E and may impose requirements upon the Developer, in order for the COUNTY to remain
compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal
controls and maintain necessary source documentation for all costs incurred and adhere to any other
accounting requirements included in this agreement.
1.6 NOTICES
Notices required by this agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, 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: Rose Munoz, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: Rosa.Munoz@colliercountyfl.gov
fl.l.gov
Telephone: (239) 252-5713
SUBRECIPIENT ATTENTION: Jacqueline Stephens, CEO
1036 6`h Avenue North
Naples, Florida 34102
Email: isteohens@caccollier.org
Telephone: (239) 263-8383 Ext 228
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PART II
GRANT CONTROL
RE, QUIREMENTS
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 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.
The determination of amounts of Federal awards expended shall be in accordance with guidelines
established by 2 CFR Part 200, Subpart F -Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 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 is not 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 this
agreement shall be made available to the COUNTY, by the SUBRECIPIENT, at any time,
upon request by the COUNTY or CHS. Materials identified in the previous sentence shall
be in accordance with generally accepted accounting principles (GAAP), procedures and
practices, which sufficiently and properly reflect all revenues and expenditures of funds
provided directly or indirectly by this agreement, including matching funds and Program
Income. These records shall be maintained to the extent of such detail as will properly
reflect all net costs, direct and indirect labor, materials, equipment, supplies and services,
and other costs and expenses of whatever nature for which reimbursement is claimed under
the provisions of this agreement.
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D. Upon completion of all work contemplated under this agreement, copies of all documents
and records relating to this agreement shall be surrendered to CHS, if requested. In any
event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a
readily accessible, permanent, and secured location for five (5) years after the date of
submission of the annual performance and evaluation report, as prescribed in 2 CFR
200.333, with the following exception: if any litigation, claim, or audit is started before the
expiration date of the five (5) year period, the records will be maintained until all litigation,
claim, or audit findings involving these records are resolved. The COUNTY shall be
informed, in writing, if an agency ceases to exist after closeout of this agreement of the
address where the records are to be kept, as outlined in 2 CFR 200.336. The
SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at
no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon
termination of the contract and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible with the
information technology systems of the COUNTY.
IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832,
Michael.Cox(i,colliercountyfl.gov, 3299 Tamiami Trail E, Naples
FL 34112.
E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of
1931, 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. SUBRECIPIENT will be responsible for the creation and maintenance of income eligible
files on clients served and documentation that all households are eligible under HUD
Income Guidelines. The SUBRECIPIENT agrees that CHS shall be the final arbiter on the
SUBRECIPIENT's compliance.
G. SUBRECIPIENT shall document how the National Objective(s), as defined in 24 CFR
570.208 and the eligibility requirement(s) under which funding has been received, have
been met. These also include special requirements, such as necessary and appropriate
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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 COUNTY would provide the records and at a cost that does not
exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized
by 2 CFR 200.336 and 2 CFR 200.337.
2.3 MONITORING
During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to
the COUNTY no later than nine (9) months after the Single Audit (or one hundred eighty (180)
days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT'S fiscal year end.
The COUNTY will conduct an annual financial and programmatic review.
SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desk top
review of the activities may be conducted in lieu of an on-site visit. The continuation of this
agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the
request of CHS, submit information and status reports required by CHS or HUD to enable CHS to
evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall
allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or
unscheduled, as determined by CHS or HUD.
COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud,
waste, abuse, or non-performance, based on goals and performance standards, as stated, with all
other applicable laws, regulations, and policies governing the funds provided under this agreement
further defined by 2 CFR 200.331. Substandard performance, as determined by the COUNTY, will
constitute noncompliance with this agreement. If corrective action is not taken by the
SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract
suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD,
the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the
COUNTY's internal auditor(s) access to all records related to performance of activities in this
agreement.
2.4 PREVENTION OF FRAUD AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient
to prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this
agreement and to provide for the proper and effective management of all Program and Fiscal
activities of the agreement. SUBRECIPIENT's internal control systems and all transactions and
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other significant events shall be clearly documented, and the documentation shall be readily
available for monitoring by COUNTY.
SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees,
and agents for the purpose of monitoring or investigating the performance of the Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent
waste, fraud, and abuse.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this Agreement, or of any law or regulation to COUNTY or to any
appropriate law enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this contract. Penalties may be imposed for failures to implement or to make
acceptable progress on such corrective action plans.
In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation
policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant
funds from CHS. CHS's policy for escalation for non-compliance is as follows:
1. Initial non-compliance may result in Findings or Concerns being issued to the
SUBRECIPIENT, which will require a corrective action plan be submitted to the
COUNTY within 15 days following issuance of the report.
• Any pay requests that have been submitted to the COUNTY for payment will
be held until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to the
SUBRECIPIENT, as needed, in order to correct the non-compliance issue.
2. If in the case SUBRECIPIENT fails to submit the corrective action plan in a timely
manner to the COUNTY, the COUNTY may require a portion of the awarded grant
amount be returned to the COUNTY.
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• The COUNTY may require upwards of five percent (5%) of the award amount
be returned to the COUNTY, at the discretion of the Board of County
Commissioners.
• The entity may be denied future consideration as set forth in Resolution No.
2013-228.
Page 11
3. If in the case SUBRECIPIENT continues to fail to correct the outstanding issue or
repeats an issue that was previously corrected and has been informed by the
COUNTY of their substantial non-compliance by certified mail; the COUNTY
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
COUNTY.
• The COUNTY may require upwards often percent (10%) of the award amount
be returned to the COUNTY, at the discretion of the Board of County
Commissioners.
• The SUBRECIPIENT will be considered in violation of Resolution No. 2013-
228.
4. If in the case, after repeated notification, SUBRECIPIENT continues to be
substantially non-compliant, the COUNTY may recommend the contract or award
be terminated.
• The COUNTY will make a recommendation to the Board of County
Commissioners to immediately terminate the agreement or contract. The
SUBRECIPIENT will be required to repay all funds disbursed by the
COUNTY for the project that was terminated. This includes the amount
invested by the COUNTY for the initial acquisition of properties or other
activities.
• SUBRECIPIENT will be considered in violation of Resolution No. 2013-228.
If in the case SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be
non-compliant, the above sanctions may be imposed across all awards at the BCC's discretion.
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this agreement, and on the resolution of monitoring findings identified pursuant to this
agreement, as deemed necessary by the County Manager or designee.
During the term, 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 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
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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
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; (2) the SUBRECIPIENT does not assume the recipient's
responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) the
SUBRECIPIENT is 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 laws, regulations, and policies governing the funds provided under this agreement.
The SUBRECIPIENT further agrees to utilize funds available under this agreement to supplement
rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this agreement is intended to, or shall be construed in any manner; as creating
or establishing the relationship of 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.
Mi ,\uID017uIWilK�
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.
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
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activities to be undertaken as part of this agreement, such modifications will be incorporated only
by written amendment, signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from 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, or the reduction of funds awarded by HUD to
Collier County, to a level, determined by the County Manager, to be insufficient to adequately
administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all
or any portions of the funds will not be available. In either event, the COUNTY may terminate this
agreement, which termination shall be effective as of the date that it is determined by the County
Manager or designee, in his/her sole discretion and judgment, that the funds are no longer available.
In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to
hold the COUNTY, nor any individual member of the County Commissioners and/or County
Administration, personally liable for the performance of this agreement, and the COUNTY shall
be released from any further liability to SUBRECIPIENT under the terms of this agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act, 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 there-
on. 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 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, whether printed or digitally prepared and released by the SUBRECIPIENT for, on
behalf of, and/or about the Program shall include the statement:
"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN
SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team, as well as
Equal Housing Opportunity, to the general public. Construction signs shall comply with applicable
COUNTY codes.
DEFAULTS, REMEDIES, AND TERMINATION
In accordance with 2 CFR 200.339, this agreement may also be terminated for convenience by
either the COUNTY or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for
such termination, the effective date, and, in the case of partial terminations, the portion to be
terminated. However, if in the case of a partial termination, the COUNTY determines that the
remaining portion of the award will not accomplish the purpose for which the award was made, the
COUNTY may terminate the award in its entirety.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
agreement:
A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or
such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as
may become applicable at any time.
B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its
obligations under this agreement.
C. Ineffective or improper use of funds provided under this agreement.
D. Submission by the SUBRECIPIENT to the COUNTY 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.
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
that SUBRECIPIENT has received under this agreement.
D. Apply sanctions, if determined by the COUNTY to be applicable.
E. Stop all payments, until identified deficiencies are corrected.
F. Terminate this agreement by giving written notice to SUBRECIPIENT 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. Regulations regarding real property are
subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7).
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" and 2 CFR 200.310, has been obtained, and said
insurance shall be carried, at all times, during SUBRECIPIENT's performance under the
agreement.
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, Cost Principles and
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Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the
Community Development Block Grant (24 CFR 570 et seq.).
3.12 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through
.326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing
thresholds are:
Range:
Competition Required
$0-$3,000
Single Quote with documentation
$3,000 - $50,000
3 Written Quotes
$50,000+
Formal Solicitation ITB, RFP, etc.
All improvements specified in Part L Scope of Work shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding, under a procedure acceptable to the
COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts for
improvements with the lowest, responsible and qualified bidder. Contract administration shall be
handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records
and documents related to the project.
3.13 PROGRAM GENERATED INCOME
No Program Income is anticipated. In the event Program Income is derived from the use of CDBG
funds disbursed under this agreement, such Program Income shall be utilized by the
SUBRECIPIENTfor CDBG-eligible activities, approved by COUNTY. 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 accordingly, and shall be in
compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When
program income is generated by an activity that is only partially assisted with CDBG funds,
the income shall be prorated to reflect the percentage of CDBG funds used. In the event there
is a program income balance at the end of the Program Year, such balance shall revert to the
COUNTY's Community Block Grant Program, for further reallocation.
3.14 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. The SUBRECIPIENT may close out the project with the COUNTY after the five (5)
year continued use period has been met (for public services; "after the expiration of the
Agreement"). The continued use period shall commence with the later of the Subrecipient meeting
the National Objective or the recording of lien and/or deed restriction documentation). Activities
during this closeout period shall include, but are not limited to making final payments, disposing
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of program assets (including the return of all unused materials, equipment, program income
balances, and receivable accounts to the COUNTY), and determining the custodianship of records.
In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with
Section 119.021, Florida Statutes regarding records maintenance, preservation, and retention. A
conflict between state and federal law records retention requirements wilt result in the more
stringent law being applied, such that the record must be held for the longer duration. Any balance
of unobligated funds that have been advanced or paid must be returned to the COUNTY. Any funds
paid exceeding the amount SUBRECIPIENT is entitled to 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. Closeout procedures must
take place in accordance with 2 CFR 200.343.
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 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 51 percent of the beneficiaries of a project funded through this agreement must be low -
and moderate- income persons or presumed to be low- to moderate- income persons based on
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applicable regulation, if the agreement is meeting a national objective through a LMI strategy. If
the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide,
more than 30 percent 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 funds. The Affirmative Action will need to be updated throughout the continued use
period and must be 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 SUBRECIPIENT. The SUBRECIPIENT covenants that
it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", 2 CFR 200.318, and
the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest.
The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person, or an entity
owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval
of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not
intended to limit SUBRECIPIENT's ability to self -manage the projects using its own employees.
Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its
contractors shall be disclosed, in writing, to CHS provided, however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low- and moderate -
income residents of the project target area.
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3.20 RELIGIOUS ORGANIZATIONS
CDBG funds may be used by religious organizations or on properly 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 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 INCIDENT REPORTING
If services to clients are to be provided under this agreement, the SUBRECIPIENT and any
subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of
a child, aged person, or disabled adult to the COUNTY.
3.22 SEVERABILITY
Should any provision of the agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
https://www.ecfr.izov/cpi-bin/text-idx?tpl=/ecfrbrowse/Titic24/24cfr570 main 02.1p1
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
https://www.ecfr.gov/cpi-bin/text-idx?tpl=/ecfrbrowse/Title24/24cfr58 main 02.1pl
4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended
haps://portal.hud.izov/hudportal/HUD?src=/proms offices/fair housing equal opp/FHLaws/10
4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing
Act.
http://www.hud.izovlofficeslfheollibrarvlhuddoistatement.udlhttDs://www.hud.aov/urogram offic
es/fair housing equal opp/ReasonableAccommodationsl5
Executive Order 11063 — Equal Opportunity in Housing
httus://www.hud.goy/program offices/fair housing equal opp/FHLaws/EX011063
Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs
httus://www.archives. gov/federal-reeister/codification/executive-order/ 12259.html
24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.0
httus://www.law.comell.edu/cfr/text/24/part-107
4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VHI of the Civil Rights Act of 1968, as
amended https://www.hud.gov/proaamdescription/title6
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.
httus://www.gpo.moy/fdsys/pkg/CFR-2007-title24-vol3/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:
https://www.hud.goy/program offices/fair housing equal opp/FHLaws/EX011246
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
Affirmative Action employer.
https://www.hud.izov/proizramdescription/title6
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 Subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the agreement through which Federal
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
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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https://www.hud.gov/sites/documents/DOC 12047.PDF
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
https•//www ecfrgoy/cgi-bin/text-idx?c=ecfr&ipl=/ecfrbrowse/Title24/24cfr]35 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
https://www.hud.jzov/propram offices/fair housing_eaual opp/FHLaws/109
b tps•//portal hud ovg /hudportaldRJD?src=/propram offices/fair housing equal opp/FHLaws/E
XOl 1063
11246: hAps://www.dol.goy/ofee/regs/statutes/eol1246.htm
11375: Amended by EO 11478
11478: hnps•//www archives.gov/federal-register/codification/executive-order/11478.html
12107: https•//www archives.gov/federal-register/codification/executive-order/12107.html
12086: https•//www archives.gov/federal-register/codification/executive-order/12086.html
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
https://www.dol.poy/whd/rcp—s/statutes/safe0l.pdf
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K.
Section 504: hgps://www.epa.gov/civitrijzhts/sec504.htm
29 USC 776: htWs://law.oneele.com/uscode/29/776.htmi
24 CFR 570.614: haps://www.law.comell.edu/cfr/teXY24/570.614
4.13 The Americans with Disabilities Act of 1990: https://www.hud. og y/hudproprams/eohudap
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
https•//www thwa dot ovg /real estate/uniform act/index.cfm
4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects, 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 fiom the United States
https://www.law.comell.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)
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hitps://www.law.comell.edu/cfr/text/29/Tart-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally
assisted projects. https://www.presidency.ucsb.edu/ws/index.php?pid=23675
4.16 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.
h_ptt s://www.archives.gov/federal-register/codification/executive-order/I1625.html
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: b tps•//www gpo gov/fdsys/pkg/CFR-2010-title24-vol3/pdf/CFR-2010- title24-
vol3-sec570-608.pdf
E.O. 13279: http://www.fedgovcontracts.com/9e02-96.htm
4.18 Public Law 100-430 - the Fair Housing Amendments Act of 1988.
https://www.ncbi.nlm.nih.gov/pubmed/12289709
4.19 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
haps://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200 main 02.1pl
4.20 Immigration Reform and Control Act of 1986
hitps://www.eeoc.jzov/eeoc/history/35th/thelaw/irea.html
4.21 Prohibition of Gifts to County Employees - No organization or individual shall offer or give, either
directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any County
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-
httns://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii
Collier County-
http://www.colliergov.net/home/showdocument?id=35137
4.22 Order ofPrecedence - 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
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by application of the Supplemental Conditions, if any, or the agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
4.23 Venue -Any suit of action brought by either party to this agreement against the other party, relating
to or arising out of this agreement, must be brought in the appropriate federal or state courts, in
Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required
for this item).
4.24 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes. The litigation arising out of this agreement shall be adjudicated in Collier County, Florida,
if in state court and the US District Court, Middle District of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
https://www.flsenate.gov/Laws/Statutes/2012/44.102
4.25 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. https;//www.law.comell.edu/uscode/text/42/7401
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.law.comell.edu/uscode/text/33/chgpter-26
4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an
area identified by FEMA as having special flood hazards, flood insurance under the National Flood
Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA)
may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said
flood insurance.
https://www.law.comell.edu/cfr/text/24/570.605
4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to the HUD Lead- Based Paint Poisoning
Prevention Act, found at 24 CFR 570.608, Subpart K. hgs://www.gpo.gov/fdsys/granule/CFR-
2000-title24-vola/CFR-2000-title24-vol3-sec570-608-id 163
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4.28 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this agreement.
https://www.nps.p,ov/history/local-law/nhpal966.htm
https://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tp1=/ecfrbrowse/Title36/36cfr800 main 02 tp
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.
hLtps://www.nps.gov/history/local-IaK/Ahpal966.htm
4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with
the Drug -Free Workplace Act of 1988 (41 USC 701).
https://www.gpo.gov/fdUs/granule/USCODE-2009-titte4l/USCODE-2009-title4l-chap l0-
sec701
4.30 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and, that the SUBRECIPTENT 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.
https://www.law.cornell.edu/cfr/text/24/570.609
4.31 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable
and agrees to adhere to the accounting principles and procedures required therein, utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred. These
requirements are enumerated in 2 CFR 200, et seq.
4.32 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be
submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The
SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500. Subrecipients exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S
fiscal year. Per 2 CFR 200.344, if this agreement is closed out prior to the receipt of an audit report,
the COUNTY reserves the right to recover any disallowed costs identified in an audit after such
closeout.
https://www.ecfr. izoy/cgi-bin/text-
idx?SID=5a78addeff 9a535e83fed3010308aef&mc—true&node=se2.1.200 1344&r rg t=div8
4.33 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation
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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 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.
https://www.gpo.eov/fdsyslpranule/CFR-1999-title49-voll /CFR-1999-title49-vol l -sec24-101
https://www.gpo. gov/fdsys/granule/CFR-2012-title24-voi3/CFR-2012-title24-vol3-sec570-505
4.34 As provided in § 287.133, Florida Statutes, by entering into this agreement or performing any work
in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors
and consultants who will perform hereunder; have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.
This notice is required by § 287.133 (3) (a), Florida Statutes.
hitp://www.leg.state.fl.us/Statutes/index.efin?App mode=Display Statute&Search String --&UR
L=0200-0299/0287/Sections/0287.133.html
4,35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress, in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions. The undersigned shall require that the language of
this certification be included in the award documents for all sub -awards at all tiers (including
subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem
rates in effect at the time of travel.
htips://www.gsa.gov/portal/content/104877
4.37 Equal access in accordance with the individual's gender identity in community planning and
development programs, per 24 CFR 5.106.
https://www.govregs.com/regulations/expand/title24 part5 subpartA section5.106
4.38 Housing Counseling, including homeownership counseling or rental housing counseling, as defined
in §5.100, required under or provided in connection with any program administered by HUD shall
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be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214
to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111.
httas://www.ecfr. gov/cizi-bin/text-
idx? SID=e339ece9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6
https://www.law.comell.edu/cfr/text/24/5.1 11
4.39 HUD Final Rule — Implementation of the Violence Against Women Reauthorization Act of 2013
which applies for all victims of domestic violence, dating violence, sexual assault, and stalking,
regardless of sex, gender identity, or sexual orientation, and which must be applied consistent
with all nondiscrimination and fair housing requirements.
https•//www federalregister gov/documents/2016/11/16/2016-25888/violence-against-women-
reauthorization-act-of-2013-implementation-in-hud-housing-programs
4.40 Any rule or regulation determined to be applicable by HUD.
4.41 Florida Statutes 713.20, Part 1, Construction Liens
littps://www.leg.state.fl.us/Statutes/index.efin?App mode=Display Statute&URL=0700-
0799/0713/0713.html
4.42 Florida Statutes 119.021 Records Retention
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.02 Lhtml
4.43 Florida Statutes, 119.071, Contracts and Public Records
hitp://www.leg.state.fl.us/Statutes/index.cfin?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.021.html
(Signature Page to Follow)
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IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an
authorized person or agent, hereunder set their hands and seals oil the date first written above.
AT"1'EST:
CRYSTAL K. KINZEL, CLERK
, Deputy Clerk
Dated:
(SEAL)
Approved as to form and legality:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
WILLIAM L. McDANIEL, JR., CHAIRMAN
Date:
COLLIER COUNTY CHILD ADVOCACY
COUNCIL, INC.
_C*� \1
Jennifer A. Belpedio �CY` 1\
Assistant County Attorney 5
Date: S-130119
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PART V
EXHIBITS
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
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.
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.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its
Subcontractors to provide, original certificates indicating the following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than one
hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001),
the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal
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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.
S. 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.
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 COMMUNITY & HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION 1: REQUEST FOR PAYMENT
Subrecipient Name: Collier County Child Advocacy Council, Inc. (CAC)
Subrecipient Address: 1036 611' Avenue North, Naples, FL 34102
Project Name: Family Safe
tvProgram
Project No: PS 19-03 IDIS#
Total Payment Minus Retainage
Period of Availability: 10/1/2019 through 09/30/2020
Payment Request #
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
2. Sum of Past Claims Submitted on this Account
3. Total Grant Amount Awarded Less Sum of Past Claims
Submitted on this Account
4. Amount of Today's Request
5. 10% Retainage Amount Withheld (if applicable)
6. Current Grant Balance (Initial Grant Amount Award
request) (includes Retainage)
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief,
all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor Division Director
(Approval required $15,000 and above) (Approval Required $15,000 and
above)
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EXHIBIT C
QUARTERLY PERFORMANCE REPORT DATA
GENERAL -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. At COUNTY's discretion, SUBRECIPIENT may be
required to enter the information collected on this exhibit into an online grant management system.
Agency Name: Collier County Child Advocacy Council,
Inc. CAC
Date:
Project Title: Public Services — Family Safety Program
IDIS #:
Program Contact: Jacqueline Stephens, CEO
Telephone Number: 239 263-8383, ext 228
Activity
Reporting Period
Report Due Date
October
111—December 3111
January t0"'
January
1s1—March 3151
April 10i'
April I"
— June 30'
Jul 10a`
Jul I"—
September 30'n
October 100'
REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period):
12/31/19 3/31/20 6/30/20 9/30/20
Please note: The CDBG/HOME/ESG Program year begins October 1, 2019 — September 30, 2020. Each quarterly
re ort must include cumulative data beginning from the start of the program year October 1, 2019.
1.
Please list the outcome goal(s) from your approved application and subrecipient agreement and indicate your
progress in meeting those goals since October 1, 2019.
a.
Outcome Goals: list the outcome goal(s) from your approved application and subreci fent agreement
Family Safety Program
Outcome 1: 125 individuals will benefit from the supervised visitation and safe exchange services as evidenced by
a final submission of beneficiary count on the quarterly report.
CDBG
Outcome 2: Document that at least 51% of persons served are low to moderate income households to meet a
CDBG LhWLMC National Objective.
Outcome 3:
b.
Goal Progress: Indicate the progress to date in meeting each outcome goal.
Outcome 1:
ESG
Outcome 2:
Outcome 3:
HOPWA
$
2.
Is this project still in compliance with the original project schedule: Yes No
Total Entitlement Funds
If No, Explain:
3.
Since October 1, 2019; of the persons assisted, how many...
Answer ONLY for Public Facilities & Infi'astructure Activities *03 Matrix Codes
a. ...now have new access(continuing) to this service or benefit? 0
b. ...now have improved access to this service or benefit? 0
c. ..,now receive a service or benefit that is no longer substandard? 0
Total 0
4.
What funding sources did the subreci fent apply
for this eriod?
Family Safety Program
Section 108 Loan Guarantee $
CDBG
$
Other Consolidated Plan Funds $
HOME
$
Other Federal Funds $
ESG
$
$
HOPWA
$
$
Total Entitlement Funds
$
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5.
What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if
applicable? Answer question 5a or 5b; NOT both
For LMC activities: people, race/ethnicity, and income data are reported by persons.
For LMH activities: households, race/ethnicity, and income level are reported by households, regardless
the number of persons in the household.
7.
a.
Total No. Persons/Adults served 0 1 Total No. persons served under 18 (LMC) 0
LMC
b. Total No. Households served LMH 0 Total No. female head of household (LMI-I) 0
Quarter Total No. of Persons 0 Quarter Total No. of Persons 0
Indicate the total number of UNDUPLICATED persons
served since October I who fall into each presumed
benefit category (the total should equal the total in
question 96a or 61):
Indicate the total number of UNDUPLICATED
persons served this Quarter who fall into each
income category (the total should equal the total
uestion #6
a
Presumed Benefit Activities Ord LMC TR
b.
Total No. of Households served 0 Total No. of female head of household (LMH) 0
6.
What is the total number of UNDUPLICATED clients served since October, if applicable?
Answer question 6a or 6b, NOT both
For LMC activities: race/ethnicity and income data are reported by persons.
7.
a. Total No. Persons/Adults served 0 Total No Persons served under 18 (LMC) 0
LMC
YTD Total: 0 YTD Total 0
b. Total No. Households served LMH 0 Total No. female head of household (LMI-I) 0
YTD Total 0 YTD Total 0
8.
Complete EITHER question 7 or 8, NOT both
Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed
Benefit categories.
7.
PRESUMED BENEFICIARY DATA ONLY:
LMC Quarter
PRESUMED BENEFICIARY DATA ONLY
LMC YTD
Indicate the total number of UNDUPLICATED
persons served thisua arter who fall into each
presumed benefit category (the total should equal the
total in question 96a or 6b):
Indicate the total number of UNDUPLICATED persons
served since October I who fall into each presumed
benefit category (the total should equal the total in
question 96a or 61):
Indicate the total number of UNDUPLICATED
persons served this Quarter who fall into each
income category (the total should equal the total
uestion #6
a
Presumed Benefit Activities Ord LMC TR
b
Presumed Benefit Activities Only LMC YTD
ELI
0 Abused Children ELI
0
0 1 Abused Children ELI
0 Homeless Person ELI
0 Homeless Person ELI
0 Migrant Farm Workers LI
0 Mi ant Farm Workers LI
0 Battered Spouses LI
0 Battered Spouses LI
0 Persons w/HIV/AIDS LI
0 Persons w/HIV/AIDS LI
0 Elderly Persons LI or MOD
0 Elderly Persons LI or MOD
0 Illiterate Adults LI
0 Illiterate Adults LI
0 Severely Disabled LI
Adults
0 Severely Disabled Adults LI
0 Quarter Total
0 1 YTD Total
8.
Complete question 8a and 8b if any client in your program
does not fall into a Presumed Benefit category.
Other Beneficiary Data: Income Ran a
Other Beneficiary Data: Income Range
Indicate the total number of UNDUPLICATED
persons served this Quarter who fall into each
income category (the total should equal the total
uestion #6
in
Indicate the total number of UNDUPLICATED persons
served since October 1 (YTD) who fall into each income
category (the total should equal the total in question 96):
a
ELI
Extremely Low Income (0-30%)
0
b
ELI
Extremely Low Income (0-30%)
0
LI
Low Income (31-50%)
0
LI
Low Income
0
MOD
Moderate Income (51-800/6)
0
MOD
Moderate Income (51-800%)
0
NON-
L/M
Above Moderate Income (>M/0)
0
NON-
L/M
Above Moderate Income (>80%)
0
Quarter Total
0
YTD Total
0
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9.
Racial & Ethnic Data if applicable)
Please indicate how many UNDUPLICATED
clients served this Quarter 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 in uestion 6.question
Please indicate how many UNDUPLICATED clients
served since October (YTD) 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 in
6.
a. RACE ETHNICITY
/HISPANIC
b. RACE ETHNICITY
/HISPANIC
White 0 0
White 0 0
Black/African American 0 0
Black/African American 0 0
Asian 0 0
Asian 0 0
American Indian/Alaska Native 0 0
American Indian/Alaska Native 0 0
Native Hawaiian/Other Pacific Islander 0 0
Native Hawaiian/Other Pacific Islander 0 0
Black/AfricanAmerican& White 0 0
Black/African American & White 0 0
American Indian/Alaska Native & 0 0
Black/African American
American Indian/Alaska Native & 0 0
Black/African American
Other Multi -racial 0 0
Other Multi -racial 0 0
0 0
0 0
Name:
Signature:
Title:
Your typed name here represents your electronic signature
CAC
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EXHIBIT D
INCOME CERTIFICATION
INSTRUCTIONS
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 0.00
Total Cash Value of Assets B(a) 0.00
Total Income from Assets B(b)
0.00
If line B(a) is greater than $5,000, multiply that amount by the rate specified
by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave
blank. B(c)
CAC
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A. 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),
in
above,
4
box C(e)
5
below)
6
7
8
Totals (a) (b)
(c)
(d)
(e)
0.00 0.00
1 0.00
0.00
Enter total of items C(a) through C(c).
0.00
This amount is the Annual Anticipated Household Income.
B. 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 perj ury.
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
Adult Household Member (if applicable)
Adult Household Member (if applicable)
Date
Date
Date
Date
cnc
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A. 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:
❑ Extremely Low Income (ELI) Household means and individual or family whose annual income
does not exceed 30/501 of the Very Low Income (60 percent of VLI) percent of the area median
income as determined by the U.S. Department of Housing and Urban Development with
adjustments for household size. (Maximum htcome 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 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
B. Household Data
Date
Title
Number of Persons
By Race / L, thnicity By Age
Native
American
Hawaiian
0 —
26 —
41 —
62+
Indian
Asian
Black
Other Pac.
White
Other
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 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.
CAC
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EXHIBIT E
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to
determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier
County requires that all appropriate documentation is provided regarding your organization's compliance.
In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal
awards based on when the activity related to the Federal award occurs, including any Federal award provided
by Collier County. The determination of amounts of Federal awards expended shall be in accordance with
the guidelines established by established by 2 CFR Part 200, Subpart F —Audit Requirements. This form
may be used to monitor Florida Single Audit Act (Statute 215.97) requirements.
Subrecipient
Collier County Child Advocacy Council, Inc. (CAC)
Name
First Date of Fiscal Year MM/DD/YY
Last Date of Fiscal Year MM/DD/YY
Total Federal Financial Assistance Expended
Total State Financial Assistance Expended during
during most recently completed Fiscal Year
most recently completed Fiscal Year
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has
❑
been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed
or will be completed by . Copies of the audit report and management letter .
are attached or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑
❑ Are a for-profit organization
❑ Are exempt for other reasons —explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit report. While we
❑
understand that the audit report contains a written response to the finding(s), we are
requesting an updated status of the corrective action(s) being taken. Please do not provide
just a copy of the written response from your audit report, unless it includes details of the
actions, procedures, policies, etc. implemented and when it was or will be implemented.
Certification Statement
hereby certify that the above information is true and accurate.
Signature
Date
Print Name and Title
06/18
CAC
PS19-03
Family Safety Program Page 40 -�
O�
FAIN #
B -19 -UC -12-0016
Federal Award Date
Est. 10/2019
Federal Award Agency
HUD
CFDA Name
Community
Development Block
Grant
CFDA/CSFA#
14.218
Total Amount of Federal
Funds Awarded
$45,000
Subrecipient Name
The Boys & Girls Club
of Collier County,
Florida, Inc. BGCCC
DUNS#
018696208
FEIN
65-0279110
R&D
No
Indirect Cost Rate
No
Period of Performance
10/01/2019-09/30/2020
Fiscal Year End
5/31
Monitor End:
12/2020
AGREEMENT BETWEEN COLLIER COUNTY
AND
THE BOYS & GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC.
THIS AGREEMENT is made and entered into this day of 20, by and
between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having
its principal address at 3339 E Tamiami Trail, Naples FL 34112, and The Boys & Girls Club of Collier
County, Florida, Inc., (BGCCC, ("SUBRECIPIENT"), having its principal office at 7500 Davis Blvd,
Naples, FL 334104.
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 2019-2020 for the CDBG Program with
Resolution 2019- on June 25, 2019 — Agenda Item ; and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans, the County advertised the 2019/2020 Annual
Action Plan, on May 24, 2019, with a 30 -day Citizen Comment period from May 24, 2019 to June 25,
2019; and
BGCCC
PS19-04
Immokalee Transportation Project Page 1
N
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 the undertaking the CDBG PS 19-04 BGCCC Transportation Project.
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
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 provided herein and, as determined by Collier County
Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as
follows:
Project Name: Immokalee Transportation Project
Description of project and outcome:
CHS, as an administrator of the CDBG program, will make available CDBG FY2019-2020 funds
up to the gross amount of $45,000 to Boys & Girls Club of Collier County, Florida, Inc. (BGCCC)
to fund:
Activities include but are not limited to: transportation services, and staffmg for out-of-school
youth programs
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty (60) calendar days of the execution of this agreement, the SUBRECIPIENT
must deliver to CHS for approval a detailed project schedule for the completion of the
project, excluding Public Service projects.
B. The following resolutions and policies must be submitted within sixty (60) days of this
agreement:
Affirmative Fair Housing Policy
® Affirmative Action/ Equal Opportunity Policy
® Conflict of Interest Policy
® Procurement Policy
❑ Uniform Relocation Act Policy
® Sexual Harassment Policy
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Page 2
Od
® Procedure for meeting the requirements set forth in Section 3 of the Housing and
Urban Development Act of 1968, as amended (12U.S.C. 794 1 u)
❑ Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
® Fraud Policy
C. Environmental Review Requirement (ERR) - No program costs can be incurred until an
environmental review of the proposed project is completed and approved. Further, the
SUB RECIPIENT will not undertake any activity or commit any funds prior to the issuance
of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the
denial of any reimbursement of funds under this Agreement.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Description
Federal Amount
Project Component 1: Transportation services from school to the organizations'
campus to youth neighborhoods for out of school youth development programs
$45,000
Total Federal Funds:
$45,000
The Subrecipient will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
® Maintain and provide to the County, as requested, beneficiary income certification
documentation
® Maintain and provide National Objective Documentation
® Provide Quarterly Reports on National Objective and project progress
® Required attendance by a representative from executive management at scheduled
partnership meetings, as requested by CHS.
❑ Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation.
❑ Identify Lead Project Manager
❑ Provide Site Design and Specifications
❑ Comply with Davis Bacon Labor Standards
® Comply with Section 3 and maintain documentation
❑ Provide certified payroll weekly throughout construction and rehabilitation
❑ Comply with Uniform Relocation Act (URA), if necessary
❑ Ensure applicable numbers of units are Section 504/ADA accessible
❑ Ensure the applicable affordability period for the project is met
B. National Objective
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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:
❑
LMA — Low/Mod Area Benefit
®
LMC—Low/Mod Clientele Benefit
❑
LMH — Low/Mod Housing Benefit
❑
LMJ — Low/Mod Job Benefit
LMA: Must document where at least 51 percent of the residents are LMI persons based on
HUD determined eligible census tracts. Failure to achieve the national objective under this
agreement will require repayment of the CDBG investment under this agreement.
LMC: Must document that at least 51 percent of persons served, are low to moderate
income persons or households, in order to meet a CDBG National Objective. Failure to achieve the
national objective under this agreement will require repayment of the CDBG investment under this
agreement.
LMH: Must document providing or improving permanent residential structures, which
upon completion will be occupied by LMI households. Structures with three or more units must
have at least 51 percent occupied by LMI households and structures with less than three units must
be occupied by 100 percent LMI households. Failure to achieve the national objective under this
agreement will require repayment of the CDBG investment under this agreement.
LMJ: Must document job creation and retention. The LMI benefit national objective
addresses activities designed to create or retain permanent jobs, at least 51 percent of which
(computed on a full-time equivalent basis) will be made available to or held by LMI persons.
Failure to achieve the national objective under this agreement will require repayment of the CDBG
investment under this agreement.
C. Performance Deliverables
Program Deliverable
Deliverable Supporting
Submission Schedule
Documentation
Special Grant Condition Policies
Policies as stated in this
Within sixty (60) days of
Section 1.1
agreement
agreement execution
Insurance
Insurance Certificate
Within 30 days of agreement
execution and Annually within
thirty (3 0) days of renewal
Detailed Project Schedule
Project Schedule
Not Applicable
Project Plans and Specifications
Site Plans and Specifications
Not Applicable
Subcontractor Log
Subcontractor Log
Not Applicable
Submission of Progress Report
Exhibit C
Quarterly within 10 days
following the end of the quarter.
Final report due 60 days after
agreement ends
Section 3 Report
Quarterly report of new hire
Quarterly.
information
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Davis -Bacon Act Certified
Weekly Certified Payroll
Not Applicable
Payroll
reports, forms and supporting
Submission of
administrator of the CDBG
documentation
monthly invoices.
Financial and Compliance Audit
Audit, Management Letter and
Nine (9) months after FY end
CDBG funds up to the gross
Exhibit E
for Single Audit OR one
amount of $45,000 to the Boys &
hundred eighty (180) days after
Girls Club to be used for
banking documents/Supporting
FY end
Continued Use Certification
Continued Use Affidavit, if
Not Applicable
services
applicable
Revenue Plan for maintenance
Plan approved by the County
Not Applicable
and Capital Reserve
monitoring clearance and meeting the
monitoring
Program Income Reuse Plan
Plan Approved by the County
Not Applicable
D. Payment Deliverables
Payment Deliverable
Payment Supporting Documentation
Submission Schedule
Project Component 1: CHS as an
Submission of supporting documents
Submission of
administrator of the CDBG
must be provided as backup as evidenced
monthly invoices.
program will make available
by invoice(s)/Timecards/Payroll
CDBG funds up to the gross
Registers/Summary/canceled checks or
amount of $45,000 to the Boys &
Girls Club to be used for
banking documents/Supporting
activities to fund: Transportation
payroll/Exhibit B and any additional
services
documentation as requested.
10% retainage released upon final
Following close out
monitoring clearance and meeting the
monitoring
National Objective
Final 10 percent of award amount will be paid upon completion of final monitoring clearance and
documentation of meeting the National Objective. Failure by the subrecipient to achieve the National
Objective will require repayment of the CDBG investment under this agreement.
1.3 PERIOD OF PERFORMANCE
Services of the Subrecipient shall start on October 1, 2019 and shall end on September 30, 2020.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available (Forty -Five Thousand)) Dollars ($45,000.00) for use by
the SUBRECIPIENT, during the term of the agreement (hereinafter, shall be referred to as the
"Funds").
BGCCC
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Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund
shifts among line items shall not be more than 10 percent of the total funding amount and does not
signify a change in scope. Fund shifts that exceed 10 percent of the agreement amount shall only
be made with Board approval.
The County shall reimburse the SUBRECIPIENT for the performance of this agreement upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible
costs, and all disbursement requests must be limited to the amount needed at the time of the
request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations
incurred during the term of this agreement. Invoices for work performed are required every month.
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 may be required if two
consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT,
when requested, as work progresses but, not more frequently than once per month. Reimbursement
will not occur if Subrecipient fails to perform the minimum level of service required by this
agreement.
Final invoices are due no later than 90 days after the end of the agreement. Work performed during
the term of the program but not invoiced within 90 days after the end of the agreement may not be
processed without written authorization from the Grant Coordinator.
The County Manager or designee may extend the term of this agreement for a period of up to 180
days after the end of the agreement. Extensions must be authorized, in writing, by formal letter to
the SUBRECIPIENT.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requirements. Except where disputed for noncompliance,
payment will be made upon receipt of a properly completed invoice and in compliance with
§218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act."
1.5 COST PRINCIPLES
Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost
allowability found at 2 CFR 200 Subpart E -Cost Principles. For the purposes of this section
(Section 1.5 -Cost Principles) of this agreement, SUBRECIPIENT is defined as a described in 2
CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under this
Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed
specifically to the projects referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT
must provide adequate documentation for validating costs incurred. Payments to
SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the
procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by
BGCCC
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the SUBRECIPIENTS and Contractors shall comply with 2 CFR Subpart E -Cost Principles. A
Developer is not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart
E and may impose requirements upon the Developer, in order for the COUNTY to remain
compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal
controls and maintain necessary source documentation for all costs incurred and adhere to any other
accounting requirements included in this agreement.
1.6 NOTICES
Notices required by this agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, 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: Rose Munoz, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: Rosa.Munoz(cr�,colliercountyfl.gov
Telephone: (239) 252-5713
SUBRECIPIENT ATTENTION: Megan McCarthy Beauvais, President & CEO,
Boys & Girls Club of Collier County, Florida, Inc.
7500 Davis Blvd
Naples, Florida 34104
Email: MMcCarthy@beccc.com
Telephone: (239) 325-1700
BGCCC
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a
PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
At anytime 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 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.
The determination of amounts of Federal awards expended shall be in accordance with guidelines
established by 2 CFR Part 200, Subpart F -Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 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 is not 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 this
agreement shall be made available to the COUNTY, by the SUBRECIPIENT, at any time,
upon request by the COUNTY or CHS. Materials identified in the previous sentence shall
be in accordance with generally accepted accounting principles (GAAP), procedures and
practices, which sufficiently and properly reflect all revenues and expenditures of funds
provided directly or indirectly by this agreement, including matching funds and Program
Income. These records shall be maintained to the extent of such detail as will properly
reflect all net costs, direct and indirect labor, materials, equipment, supplies and services,
and other costs and expenses of whatever nature for which reimbursement is claimed under
the provisions of this agreement.
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D. Upon completion of all work contemplated under this agreement, copies of all documents
and records relating to this agreement shall be surrendered to CHS, if requested. In any
event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a
readily accessible, permanent, and secured location for five (5) years after the date of
submission of the annual performance and evaluation report, as prescribed in 2 CFR
200.333, with the following exception: if any litigation, claim, or audit is started before the
expiration date of the five (5) year period, the records will be maintained until all litigation,
claim, or audit findings involving these records are resolved. The COUNTY shall be
informed, in writing, if an agency ceases to exist after closeout of this agreement of the
address where the records are to be kept, as outlined in 2 CFR 200.336. The
SUBRECB'IENT shall meet all requirements for retaining public records and transfer, at
no cost to COUNTY, all public records in possession of the SUBRECB'IENT 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 COUNTY.
IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT 239-252-68329
Michael.Cox(i�colliercountyfl.Eov, 3299 Tamiami Trail E, Naples
FL 34112.
E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of
1931, 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. SUBRECIPIENT will be responsible for the creation and maintenance of income eligible
files on clients served and documentation that all households are eligible under HUD
Income Guidelines. The SUBRECIPIENT agrees that CHS shall be the final arbiter on the
SUBRECIPIENT's compliance.
G. SUBRECIPIENT shall document how the National Objective(s), as defined in 24 CFR
570.208 and the eligibility requirement(s) under which funding has been received, have
been met. These also include special requirements, such as necessary and appropriate
BGCCC
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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 COUNTY would provide the records and at a cost that does not
exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized
by 2 CFR 200.336 and 2 CFR 200.337.
2.3 MONITORING
During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to
the COUNTY no later than nine (9) months after the Single Audit (or one hundred eighty (180)
days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT'S fiscal year end.
The COUNTY will conduct an annual financial and programmatic review.
SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desk top
review of the activities may be conducted in lieu of an on-site visit. The continuation of this
agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the
request of CHS, submit information and status reports required by CHS or HUD to enable CHS to
evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall
allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or
unscheduled, as determined by CHS or HUD.
COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud,
waste, abuse, or non-performance, based on goals and performance standards, as stated, with all
other applicable laws, regulations, and policies governing the funds provided under this agreement
further defined by 2 CFR 200.331. Substandard performance, as determined by the COUNTY, will
constitute noncompliance with this agreement. If corrective action is not taken by the
SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract
suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD,
the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the
COUNTY's internal auditor(s) access to all records related to performance of activities in this
agreement.
2.4 PREVENTION OF FRAUD AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient
to prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this
agreement and to provide for the proper and effective management of all Program and Fiscal
activities of the agreement. SUBRECIPIENT's internal control systems and all transactions and
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other significant events shall be clearly documented, and the documentation shall be readily
available for monitoring by COUNTY.
SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees,
and agents for the purpose of monitoring or investigating the performance of the Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent
waste, fraud, and abuse.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this Agreement, or of any law or regulation to COUNTY or to any
appropriate law enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this contract. Penalties may be imposed for failures to implement or to make
acceptable progress on such corrective action plans.
In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation
policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant
funds from CHS. CHS's policy for escalation for non-compliance is as follows:
Initial non-compliance may result in Findings or Concerns being issued to the
SUBRECIPIENT, which will require a corrective action plan be submitted to the
COUNTY within 15 days following issuance of the report.
• Any pay requests that have been submitted to the COUNTY for payment will
be held until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to the
SUBRECIPIENT, as needed, in order to correct the non-compliance issue.
2. If in the case SUBRECIPIENT fails to submit the corrective action plan in atimely
manner to the COUNTY, the COUNTY may require a portion of the awarded grant
amount be returned to the COUNTY.
• The COUNTY may require upwards of five percent (5%) of the award amount
be returned to the COUNTY, at the discretion of the Board of County
Commissioners.
• The entity may be denied future consideration as set forth in Resolution No.
2013-228.
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@0
3. If in the case SUBRECIPIENT continues to fail to correct the outstanding issue or
repeats an issue that was previously corrected and has been informed by the
COUNTY of their substantial non-compliance by certified mail; the COUNTY
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
COUNTY.
• The COUNTY may require upwards often percent (10%) of the award amount
be returned to the COUNTY, at the discretion of the Board of County
Commissioners.
• The SUBRECIPIENT will be considered in violation of Resolution No. 2013-
228.
4. If in the case, after repeated notification, SUBRECIPIENT continues to be
substantially non-compliant, the COUNTY may recommend the contract or award
be terminated.
• The COUNTY will make a recommendation to the Board of County
Commissioners to immediately terminate the agreement or contract. The
SUBRECIPIENT will be required to repay all funds disbursed by the
COUNTY for the project that was terminated. This includes the amount
invested by the COUNTY for the initial acquisition of properties or other
activities.
• SUBRECIPIENT will be considered in violation of Resolution No. 2013-228.
If in the case SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be
non-compliant, the above sanctions may be imposed across all awards at the BCC's discretion.
i
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this agreement, and on the resolution of monitoring findings identified pursuant to this
agreement, as deemed necessary by the County Manager or designee.
During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the
IOtb 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 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
BGCCC
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@0
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
1_—u
IRTNIMME
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; (2) the SUBRECIPIENT does not assume the recipient's
responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) the
SUBRECIPIENT is 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 SUBRECIMENT also agrees to comply with all
other applicable laws, regulations, and policies governing the funds provided under this agreement.
The SUBRECIPIENT further agrees to utilize funds available under this agreement to supplement
rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating
or establishing the relationship of 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.
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 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.
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
BGCCC
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(D)
activities to be undertaken as part of this agreement, such modifications will be incorporated only
by written amendment, signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from 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, or the reduction of funds awarded by HUD to
Collier County, to a level, determined by the County Manager, to be insufficient to adequately
administer the project, the financial sources necessary to continue to pay the SUBRECIPIENT all
or any portions of the funds will not be available. In either event, the COUNTY may terminate this
agreement, which termination shall be effective as of the date that it is determined by the County
Manager or designee, in his/her sole discretion and judgment, that the funds are no longer available.
In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to
hold the COUNTY, nor any individual member of the County Commissioners and/or County
Administration, personally liable for the performance of this agreement, and the COUNTY shall
be released from any further liability to SUBRECIPIENT under the terms of this agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities;
damages, losses, costs, and causes of action which may arise out of an act, 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 there-
on. 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 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/SPONSORSIWS
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, whether printed or digitally prepared and released by the SUBRECIPIENT for, on
behalf of, and/or about the Program shall include the statement:
"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT MUD) AND COLLIER COUNTY COMMUNITY AND HUMAN
SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team, as well as
Equal Housing Opportunity, to the general public. Construction signs shall comply with applicable
COUNTY codes.
3.8 DEFAULTS, REMEDIES, AND TERMINATION
In accordance with 2 CFR 200.339, this agreement may also be terminated for convenience by
either the COUNTY or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for
such termination, the effective date, and, in the case of partial terminations, the portion to be
terminated. However, if in the case of a partial termination, the COUNTY determines that the
remaining portion of the award will not accomplish the purpose for which the award was made, the
COUNTY may terminate the award in its entirety.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
agreement:
A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or
such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as
may become applicable at any time.
B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its
obligations under this agreement.
C. Ineffective or improper use of funds provided under this agreement.
D. Submission by the SUBRECIPIENT to the COUNTY 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.
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
that SUBRECIPIENT has received under this agreement.
D. Apply sanctions, if determined by the COUNTY to be applicable.
E. Stop all payments, until identified deficiencies are corrected.
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. Regulations regarding real property are
subject to 2 CFR 200.3 11 and as otherwise provided at 24 CFR 570.503(b)(7).
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" and 2 CFR 200.310, has been obtained, and said
insurance shall be carried, at all times, during SUBRECIPIENT's performance under the
agreement.
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, Cost Principles and
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Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the
Community Development Block Grant (24 CFR 570 et seq.).
3.12 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through
.326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing
thresholds arc:
Range:
Competition Required
$0-$3,000
Single Quote with documentation
$3,000 - $50,000
3 Written Quotes
$50,000+
Formal Solicitation ITB, RFP, etc.
All improvements specified in Part I. Scope of Work shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding, under a procedure acceptable to the
COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts for
improvements with the lowest, responsible and qualified bidder. Contract administration shall be
handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records
and documents related to the project.
3.13 PROGRAM GENERATED INCOME
No Program Income is anticipated. In the event Program Income is derived from the use of CDBG
funds disbursed under this agreement, such Program Income shall be utilized by the
SUBRECIPIENT for CDBG-eligible activities, approved by COUNTY. 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 accordingly, and shall be in
compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When
program income is generated by an activity that is only partially assisted with CDBG funds,
the income shall be prorated to reflect the percentage of CDBG funds used. In the event there
is a program income balance at the end of the Program Year, such balance shall revert to the
COUNTY's Community Block Grant Program, for further reallocation.
3.14 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. The SUBRECIPIENT may close out the project with the COUNTY after the five (5)
year continued use period has been met (for public services, "after the expiration of the
Agreement"). The continued use period shall commence with the later of the Subrecipient meeting
the National Objective or the recording of lien and/or deed restriction documentation). Activities
during this closeout period shall include, but are not limited to making final payments, disposing
of program assets (including the return of all unused materials, equipment, program income
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balances, and receivable accounts to the COUNTY), and determining the custodianship of records.
In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with
Section 119.021, Florida Statutes regarding records maintenance, preservation, and retention. A
conflict between state and federal 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 that have been advanced or paid must be returned to the COUNTY. Any funds
paid exceeding the amount SUBRECIPIENT is entitled to 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. Closeout procedures must
take place in accordance with 2 CFR 200.343.
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 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 51 percent of the beneficiaries of a project funded through this agreement must be low -
and moderate- income persons or presumed to be low- to moderate- income persons based on
applicable regulation, if the agreement is meeting a national objective through a LMI strategy. If
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the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide,
more than 30 percent 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 funds. The Affirmative Action will need to be updated throughout the continued use
period and must be 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 SUBRECIPIENT. The SUBRECIPIENT covenants that
it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", 2 CFR 200.318, and
the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest.
The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person, or an entity
owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval
of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not
intended to limit SUBRECIPIENT's ability to self -manage the projects using its own employees.
Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its
contractors shall be disclosed, in writing, to CHS provided, however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low- and moderate -
income residents of the project target area.
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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 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 INCIDENT REPORTING
If services to clients are to be provided under this agreement, the SUBRECIPIENT and any
subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of
a child, aged person, or disabled adult to the COUNTY. .
3.22 SEVERABILITY
Should any provision of the agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
https•//www ecfr gov/cizi-bin/text-idx?tpl=/ecfrbrowse/Title24/24efi•570 main 021pl
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
https•//www ecfrgov/cgi-bin/text-idx?ipl=/ecfrbrowse/Titte24/24cfr58 main 02 tpll
4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended
https:Hportal hud gov/hudportal/HUD?src=/program offices/fair housing equal opp/FHLaws/10
9
4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing
Act.
htto://www.hud.govlofficeslfheollibrary/huddoistatement.odfhttt)s://www.hud.p,ov/program offic
es/fair housing equal opp/ReasonableAccommodationsl5
Executive Order 11063 — Equal Opportunity in Housing
https://www.hud.gov/program offices/fair housing equal opo/FHLaws/EX011063
Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs
https://www. archives. gov/federal-register/codification/executive-order/ 12259. html
24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.0
hftps://www.law.comell.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 https://www.hud.goo/programdescription/title6
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.
bi!ps://www.gpo.goy/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-sec570-
602Tpdf
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:
https://www.hud.gov/propram offices/fair housing equal opp/FHLaws/EX011246
EO 11375 and 12086: see item #8 below
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pd�
4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972,42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for
employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or
Affirmative Action employer.
https://www.hud.jzgv/progiramdescription/title6
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 Subrecipients and
subcontractors.. Failure to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the agreement through which Federal
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
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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hftps://www.hud.gqv/sites/documents/DOC 12047.PDF
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
https•//www ecfr gov/cizi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfrl35 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
https://www.hud.gov/proizratn offices/fair housing equal opp/FHLaws/109
https•//portal hud goy/hudportal/HUD?srcf/program offices/fair housing equal opp/FHLaws/E
X011063
11246: https://www.dol.gov/ofccp/reps/statutes/eol1246.htm
11375: Amended by EO 11478
11478: https://www.archives.gov/federal-register/codification/executive-order/I 14781tm1
12107: https•//www archives gov/federal-register/codification/executive-order/12107.html
12086: https://www.archives.izov/federal-register/codification/executive-order/12086.html
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
https://www.dol. gov/whd/regs/statutes/safe0l .pdf
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K.
Section 504: https://www.epa.itov/civilriphts/sccSO4.htm
29 USC 776: https://law.onecte.com/uscode/29/776.html
24 CFR 570.614: https://www.law.comell.edu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990: https://www.hud. ov/hudprograms/eohudap
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
https://www.fhwa.dot.gov/real estate/uniform act/index.cfm
4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects, 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
lhMs://www.law.comell.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)
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O,b
https://www.law.comell.edu/cfr/textt29/part-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally
assisted projects. https://www.presidency.ucsb.edu/ws/index.php?pid=23675
4.16 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 - which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise.
https://www.archives.gov/federal-register/codification/executive-order/I 1625.html
4.17 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: https://www.gpo. og v/fdUs/pkWCFR-2010-title24-vol3/pdf/CFR-2010- title24-
vol3-sec570-608.pdf
E.O. 13279: bitp://www.fedgovcontracts.com/peO2-96.htm
4.18 Public Law 100-430 - the Fair Housing Amendments Act of 1988.
https://www.nebi.nlm.iiiii.gov/pubmed/12289709
4.19 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
https://www.eefr.gov/cgi-bin/text-idx?ipl=/ecfrbrowse/Titic02/2cfr200 main 02.1p1
4.20 hpmigration Reform and Control Act of 1986
hiips://www.eeoc.jzov/eeoc/histoa/35th/thelaw/irca.htinl
4.21 Prohibition of Gifts to County Employees - No organization or individual shall offer or give, either
directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any County
employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance
No. 2004-05, as amended, and County Administrative Procedure 5311.
Florida Statutes-
https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii
Collier County-
hllp://www.colliergov.netthome/showdocument?id=35137
4.22 Order of Precedence - In the event of any conflict between or among the terms of any ofthe 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
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by application of the Supplemental Conditions, if any, or the agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
4.23 Venue -Any suit of action brought by either party to this agreement against the other party, relating
to or arising out of this agreement, must be brought in the appropriate federal or state courts, in
Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required
for this item).
4.24 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes. The litigation arising out of this agreement shall be adjudicated in Collier County, Florida,
if in state court and the US District Court, Middle District of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO ATRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
https://www.flsenate.gov/Laws/Statutes/2012/44.102
4.25 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. littps://www.law.comell.edu/uscode/text/42/7401
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.law.comell.edu/uscode/text/33/chapter-26
4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 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.
https://www.law.comell.edu/efr/text/24/570.605
4.27 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to the HUD Lead- Based Paint Poisoning
Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo. og v/fdUs/granule/CFR-
2000-title24-vo13/CFR-2000-title24-vol3-sec570-608-id 163
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4.28 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this agreement.
hfts://www.nps.gov/history/local-law/nhpal 966.htm
https://www.ecfr.gov/cpi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr800 main 02 tal
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.
hitps://www.nps.gov/histqry/local-law/nhpal 9661tm
4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with
the Drug -Free Workplace Act of 1988 (41 USC 701).
https://www.gpo.gov/fdUs/granule/USCODE-2009-title4l/USCODE-2009-title4I-chap 10-
sec701
4.30 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not
knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from participating in this covered transaction as outlined in 24
CFR 570.609, Subpart K.
https://www.law.comell.cdu/cfr/text/24/570.609
4.31 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable
and agrees to adhere to the accounting principles and procedures required therein, utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred. These
requirements are enumerated in 2 CFR 200, et seq.
4.32 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be
submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The
SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500. Subrecipients exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S
fiscal year. Per 2 CFR 200.344, if this agreement is closed out prior to the receipt of an audit report,
the COUNTY reserves the right to recover any disallowed costs identified in an audit after such
closeout.
httos://www.ecfr.gov/cgi-bin/text-
idx?SID=5a78addefft9a535e83fed3010308aef&mc=true&node=se2.1.200 1344&rgn=div8
4.33 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation
BGCCC
P519-04
Immokalee Transportation Project Page 27
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 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.
Vis://www.gpo.moy/fdsys/granule/CFR-1999-title49-vol l/CFR-1999-title49-vol l-sec24-101
https://www gpo.eov/fdsys/granule/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-505
4.34 As provided in § 287.133, Florida Statutes, by entering into this agreement or performing any work
in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.
This notice is required by § 287.133 (3) (a), Florida Statutes.
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search String --&UR
L=0200-0299/0287/Sections/0287.133.html
4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress, in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions. The undersigned shall require that the language of
this certification be included in the award documents for all sub -awards at all tiers (including
subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem
rates in effect at the time of travel.
https://www.gsa.gov/portaUcontent/104877
4.37 Equal access in accordance with the individual's gender identity in community planning and
development programs, per 24 CFR 5.106.
hftps://www.izovreizs.com/regulations/expand/title24 part5 subpartA section5.106
4.38 Housing Counseling, including homeownership counseling or rental housing counseling, as defined
in §5.100, required under or provided in connection with any program administered by HUD shall
BGCCC
P519-04
Immokalee Transportation Project
Page 28
be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214
to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=e339ece9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6
https://www.law.comell.edu/cfr/text/24/5.111
4.39 IIUD Final Rule — Implementation of the Violence Against Women Reauthorization Act of 2013
which applies for all victims of domestic violence, dating violence, sexual assault, and stalking,
regardless of sex, gender identity, or sexual orientation, and which must be applied consistent
with all nondiscrimination and fair housing requirements.
https://www.federalre ig ster.gov/documents/2016/11/16/2016-25888/violence-against-women-
reauthorization-act-of-2013-imp lementation-in-hud-housing_programs
4.40 Any rule or regulation determined to be applicable by HUD.
4.41 Florida Statutes 713.20, Part 1, Construction Liens
https://Www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700-
0799/0713/0713.html
4.42 Florida Statutes 119.021 Records Retention
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.021.html
4.43 Florida Statutes, 119.071, Contracts and Public Records
http://www.leg_state.R.us/Statutes/index.cftn?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.02 Lhtml
(Signature Page to Follow)
BGCCC
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Immokalee Transportation Project
Page 29
IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an
authorized person or agent, hereunder set their hands and seals on the date first written above.
ATTEST:
CRYSTAL K. KINZEL, CLERK
Dated:
, Deputy Clerk
(SEAL)
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney
Date:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
m
WILLIAM L. MC DANIEL, JR., CHAIRMAN
Date:
THE BOYS & GIRLS CLUB OF COLLIER
COUNTY, FLORIDA, INC.
By:
AN McC THY BEAUVAIS, PRESIDENT &
CEO
Date:
BGCCC
P519-04
Immokalee Transportation Project Page 30
PART V
EXHIBITS
1A.141111.30II1
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Commercial General Liability, including products and completed operations insurance, in the
amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
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.
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.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its
Subcontractors to provide, original certificates indicating the following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than one
hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001),
the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal
BGCCC
P519-04
Immokalee Transportation Project Page 31
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.
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.
BGCCC
P519-04
Immokalee Transportation Project
Page 32
d
EXHIBIT B
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: The Boys & Girls Club of Collier County, Florida, Inc.(BGCCC)
Subrecipient Address: 7500 Davis Blvd, Naples FL 34104
Project Name: Immokalee Transportation Project
Project No: PS19-04 IDIS# Payment Request
Total Payment Minus Retainage
Period of Availability: 10/1/2019 through 09/30/2020
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
2. Sum of Past Claims Submitted on this Account
3. Total Grant Amount Awarded Less Sum of Past Claims
Submitted on this Account
4. Amount of Today's Request
5. 10% Retainage Amount Withheld (if applicable)
6. Current Grant Balance (Initial Grant Amount Award
request) (includes Retainage)
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief,
all grant requirements have been followed.
Signature
Title
Authorizing Grant Coordinator
Supervisor
(Approval required $15,000 and above)
Date
Authorizing Grant Accountant
Division Director
(Approval Required $15,000 and
above)
BGCCC
PS19-04
Immokalee Transportation Project Page 33
a�
EXHIBIT C
QUARTERLY PERFORMANCE REPORT DATA
GENERAL -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. At COUNTY'S discretion, SUBRECIPIENT may be
required to enter the information collected on this exhibit into an online grant management system.
Agency Name: The Boys & Girls Club of Collier Date:
County Florida, hie. GCCC
Project Title: hnmokalee Transportation Project IDIS #:
Program Contact: Megan McCarthy Beauvais, Telephone Number: (239) 325-1700
President & CEO
Activity
Reporting Period
Report Due Date
October I"—December 3t"
Januar 10th
January
1't — March 31 st
Aril 10"
April I"
— June 30'h
July 101h
Jul I"—
September 300,
October 10"
REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period):
12/31/19 3/31/20 6/30/20 9/30/20
Please note: The CDBG/HOME/ESG Program year begins October 1, 2019 — September 30, 2020. Each quarterly
report must include cumulative data beginning from the start of the program year October 1, 2019.
1.
Please list the outcome goal(s) from your approved application and subrecipient agreement and indicate your
progress in meeting those goals since October 1, 2019.
a.
Outcome Goals: list the outcome goal(s) from your approved application and subreci ient agreement
$
Other Consolidated Plan Funds $
Outcome 1: A minimum of 100 youths shall benefit from transportation services and development programs
during the performance period.
$
Other Federal Funds $
Outcome 2: Document that at least 51% of youths served are low to moderate income to meet a CDBG LM[/LMA
National Objective.
$
Outcome 3:
HOPWA
b.
Goal Progress: Indicate the progress to date in meeting each outcome goal.
Total Entitlement Funds
$
Outcome 1:
Outcome 2:
Outcome 3:
E27
Is this project still in compliance with the original project schedule: Yes No
If No, Explain:
3.
Since October 1, 2019; of the persons assisted, how many...
Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes
a. ...now have new access(continuing) to this service or benefit?
0
b. ...now have improved access to this service or benefit?
0
C. ...now receive a service or benefit that is no longer substandard?
0
Total
0
C
What funding sources did the subreci ient apply
for this period?
Section 108 Loan Guarantee $
CDBG
$
Other Consolidated Plan Funds $
HOME
$
Other Federal Funds $
ESG
$
$
HOPWA
$
$
Total Entitlement Funds
$
BGCCC
PS19-04
Immokalee Transportation Project Page 34
6.
What is the total number of UNDUPLICATED clients served since October, if applicable?
Answer question 6a or 6b, NOT both
For LMC activities: race/ethnicity and jncome data are reported by persons.
5.
What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if
applicable? Answer question 5a or 5b; NOT both
For LMC activities: people, race/ethnicity, and income data are reported by persons.
For LMH activities: households, race/ethnicity, and income level are reported by households, regardless
the number of persons in the household.
YTD Total: 0 YTD Total 0
a.
Total No. Persons/Adults served 0 Total No. persons served under 18 (LMC) 0
LMC
Indicate the total number of UNDUPLICATED persons
served since October 1 who fall into each presumed
benefit category (the total should equal the total in
question #6a or 6b):
Quarter Total No. of Persons 0 Quarter Total No. of Persons 0
a
Presumed Benefit Activities Ord LMC TR
b
I Presumed Benefit Activities Only LMC YTD
b.
Total No. of Households served 0 Total No.. of female bead of household (LMH) 0
6.
What is the total number of UNDUPLICATED clients served since October, if applicable?
Answer question 6a or 6b, NOT both
For LMC activities: race/ethnicity and jncome data are reported by persons.
7.
a. Total No. Persons/Adults served 0 Total No Persons served under 18 (LMC) 0
LMC
YTD Total: 0 YTD Total 0
b. Total No. Households served LMH 0 Total No. female head of household (LMH) 0
YTD Total 0 YTD Total 0
8.
Complete EITHER question 7 or 8, NOT both
Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed
Benefit categories.
7.
PRESUMED BENEFICIARY DATA ONLY:
LMCQuarter
PRESUMED BENEFICIARY DATA ONLY
LMC YTD
Indicate the total number of UNDUPLICATED
persons served this quarter who fall into each
presumed benefit category (the total should equal the
total in question #6a or 6b):
Indicate the total number of UNDUPLICATED persons
served since October 1 who fall into each presumed
benefit category (the total should equal the total in
question #6a or 6b):
Indicate the total number of UNDUPLICATED
persons served this Quarter who fall into each
income category (the total should equal the total
uestion #6):
a
Presumed Benefit Activities Ord LMC TR
b
I Presumed Benefit Activities Only LMC YTD
ELI
0 Abused Children ELI
0
0 Abused Children ELI
0 Homeless Person ELI
0 Homeless Person ELI
0 Migrant Farm Workers LI
0 Migrant Farm Workers LI
0 Battered Spouses LI
0 Battered Spouses LI
0 Persons w/HIV/AIDS LI
0 Persons w/HIV/AIDS LI
0 Elderly Persons LI or MOD
0 Elderly Persons LI or MOD
0 Illiterate Adults LI
0 Illiterate Adults LI
0 Severely Disabled LI
Adults
0 Severely Disabled Adults LI
0 Quarter Total
0 YTD Total
8.
Complete question 8a and 8b if any client in your program
does not fall into a Presumed Benefit category.
Other Beneficiary Data: Income Range
Other Beneficiary Data: Income Range
Indicate the total number of UNDUPLICATED
persons served this Quarter who fall into each
income category (the total should equal the total
uestion #6):
in
Indicate the total number of UNDUPLICATED persons
served since October 1 (YTD) who fall into each income
category (the total should equal the total in question #6):
a
ELI
Extremely Low Income (0-30%)
0
6
ELI
Extremely Low Income (0-30%)
0
LI
Low Income (31-50%)
0
LI
Low Income
0
MOD
Moderate Income (51-80%)
0
MOD
Moderate Income (51-80%)
0
NON-
L/M
Above Moderate Income (>80%)
0
NON-
LIM
Above Moderate Income (>80%)
0
Quarter Total
0
YTD Total
0
BGCCC
P519-04
Immokalee Transportation Project
Page 35 0
b'J
L9.
Racial & Ethnic Data if applicable)
Please indicate how many UNDUPLICATED
clients served this Quarter 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 in question 6.question
Please indicate how many UNDUPLICATED clients
served since October (YTD) 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 in
6.
a. RACE ETHNICITY
/HISPANIC
b. RACE ETHNICITY
/HISPANIC
White 0 0
White 0 0
Black/African American 0 0
Black/African American 0 0
Asian 0 0
Asian 0 0
American Indian/Alaska Native 0 0
American Indian/Alaska Native 0 0
Native Hawaiian/Other Pacific Islander 0 0
Native Hawaiian/Other Pacific Islander 0 0
Black/African American & White 0 0
Black/African American & White 0 0
American Indian/Alaska Native & 0 0
Black/African American
American Indian/Alaska Native & 0 0
Black/African American
Other Multi -racial 0 0
Other Multi -racial 0 0
0 0
0 0
Name:
Signature:
Title:
Your typed name here represents your electronic signature
BGCCC
PS19-04
Immoka lee Transportation Project Page 36 O
EXHIBIT D
INCOME CERTIFICATION
INSTRUCTIONS
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 0.00
Total Cash Value of Assets B(a) 0.00
Total Income from Assets B(b)
0.00
If line B(a) is greater than $5,000, multiply that amount by the rate specified
by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave
blank. B(c)
BGCCC
PS19-04
Immokalokalee Transportation Project Page 37 y
A. 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
1
greater of
2
box B(b) or
3
box E(c),
in
above,
4
box C(e)
5
below)
6
7
8
Totals (a) (b)
(c)
(d)
(e)
0.00 0.00
0.00
0.00
Enter total of items C(a) through C(c).
0.00
This amount is the Annual Anticipated household Income.
B. Recipient Statement: The information on this form is to be used to determine maximum
income for eligibility. Uwe have provided, for each person set forth in Item A, acceptable
verification of current and anticipated annual income. Uwe certify that the statements are true
and complete to the best of my/our knowledge and belief and are given under penalty of perjury.
WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations
concerning income and assets or liabilities relating to financial condition is a misdemeanor of the
first degree and is punishable by fines and imprisonment provided under S. 775.082 and 775.083.
Signature of Head of Household
Signature of Spouse or Co -Head of Household
Adult Household Member (if applicable)
Date
Date
Date
Adult Household Member (if applicable) Date
BGCCC
P519-04
Immokalee Transportation Project Page 38 Y
A. 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:
❑ Extremely Low Income (ELI) Household means and individual or family whose annual income
does not exceed 30/50' of the Very Low Income (60 percent of VLI) 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 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
B. Household Data
Date
Title
Number of Persons
By Race / Ethnicity B Age
P519-04
Immokalee Transportation Project
Page 39 Y
Native
American
Hawaiian or
0-25
26-40
41---61
62+
Indian
Asian
Black
Other Pac.
White
Other
Islander
Hispanic
Non -
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.
aGCCC
P519-04
Immokalee Transportation Project
Page 39 Y
EXM1T E
ANNUAL AUDPI' MONITORING REPORT
Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to
determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier
County requires that all appropriate documentation is provided regarding your organization's compliance.
In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal
awards based on when the activity related to the Federal award occurs, including any Federal award provided
by Collier County. The determination of amounts of Federal awards expended shall be in accordance with
the guidelines established by established by 2 CFR Part 200, Subpart F —Audit Requirements. This form
may be used to monitor Florida Single Audit Act (Statute 215.97) requirements.
Subrecipient
Name
The Boys & Girls Club of Collier County Florida, Inc. (BGCCC)
First Date of Fiscal Year MM/DD/YY
Last Date of Fiscal Year MM/DD/YY
Total Federal Financial Assistance Expended
Total State Financial Assistance Expended during
during most recently completed Fiscal Year
most recently completed Fiscal Year
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has
been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed
or will be completed by . Copies of the audit report and management letter
are attached or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑ Are a for-profit organization
❑ Are exempt for other reasons — explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit report. While we
El
understand that the audit report contains a written response to the finding(s), we are
requesting an updated status of the corrective action(s) being taken. Please do not provide
just a copy of the written response from your audit report, unless it includes details of the
actions, procedures, policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature
Date
Print Name and Title
BGCCC
PS19-04
Immokalee Transportation Project
06/18
Page 40
E)
FAIN #
E -19 -UC -120016
Federal Award Date
EST 10/2019
Federal Award Agency
HUD
CFDA Name
Emergency Solutions
Grant
CFDA/CSFA#
14.231
Total Amount of
Federal Funds
Awarded
$114,286.00
Subrecipient Name
THE SHELTER FOR
ABUSED WOMEN &
CHILDREN, INC.
DUNS#
836680769
FEIN
59-2752895
R&D
No
Indirect Cost Rate
No
Period of Performance
October 1, 2019 —
September 30, 2020
Fiscal Year End
6/30
Monitor End:
12/20
AGREEMENT BETWEEN COLLIER COUNTY
AND
THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC.
Shelter Operations
THIS AGREEMENT is made and entered into this day of ,
2019) 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 & CHILDREN, INC, a private not-for-profit corporation existing under the laws
of the State of Florida, ("SUB RECIPIENT') having its principal office at PO 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
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WHEREAS, the Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan - One -Year Action Plans for Federal Fiscal Year 2019-2020 for the ESG Program at the
June 25, 2019, Agenda Item Board of County Commissioners meeting.
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
PART 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 Community and Human Services
Division (CHS), perform the tasks necessary to conduct the program as follows:
PROJECT DETAILS
Emergency Solutions Grant ESG Program:
Project Component One: Personnel salary for an Operations Support Administrator
Project Component Two: Annual Shelter operation expenses which may include, but not be limited
to, security maintenance, monthly security system monitoring, electricity, water and sewer, trash
collection, insurance, internet, phone, recurring monthly fees, maintenance expenses, food costs
for the facility, pest control and lawn care.
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 Eligible Activity
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).
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty (60) calendar days of the execution of this agreement, the SUBRECIPIENT
must deliver to CHS all Grant and Special Conditions policies, as outlined in Section 1.1
B., below.
B. The following resolutions and policies must be submitted within 60 days of this agreement.
® Affirmative Fair Housing Policy
® Affirmative Action/ Equal Opportunity Policy
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F7 Affirmative Action Plan
® Conflict of Interest Policy
® Procurement Policy
F-1 Uniform Relocation Act Policy
® Sexual Harassment Policy
® Procedure for meeting the requirements set forth in Section 3 of the Housing and
Urban Development Act of 1968, as amended (12U.S.C. 794 1 u)
® Procedures for meeting the requirements set forth in Section '504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
® Fraud Policy
® Violence Against Women Act (VAWA) Policy
® LGBTQ Policy
C. Environmental Review Requirement (ERR) - No program costs can be incurred until an
environmental review of the proposed project is completed, and approved. Further, the
SUBRECIPIENT will not undertake any activity or commit any funds prior to the CHS
Notice to Proceed (NTP) letter. Violation of this provision will result in the denial of any
reimbursement of funds under this Agreement.
1.1.1 PROJECT DETAILS
A. Project Description/Budget
The budget identified for the Shelter Operations shall be as follows:
Description
Federal Amount
ESG Match 1:1
Project Component 1: Personnel salary for an Operations
$28,863.00
Support Administrator
Project Component 2: Annual Shelter operation expenses which
$85,423.00
may include, but not be limited to, security maintenance,
monthly security system monitoring, electricity, water and
sewer, trash collection, insurance, internet, phone, recurring
monthly fees, routine maintenance expenses, food costs for the
facility, est control and lawn care.
ESG Match Requirement: Match is required for a minimum of
Documentation of
$114,286.00
dollar for dollar with each submitted pay request.
ESG Eligible
Matching Funds
Total Federal Funds:
$114,286.00
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The SUBRECIPIENT will accomplish the following checked project tasks:
F-1 Pay all closing costs related to property conveyance
® Maintain and provide to the COUNTY, as requested, beneficiary documentation which
supports benefit of homelessness
® Provide Quarterly Reports and project progress
® Required attendance by a representative from executive management at quarterly
partnership meetings, as requested by CHS.
F-1 Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation.
F-1 Identify Lead Project Manager
❑ Provide Site Design and Specifications
F-1 Comply with Davis Bacon Labor Standards
F-1 Provide certified payroll weekly throughout construction and rehabilitation
F-1 Comply with Uniform Relocation Act (URA), if necessary
F-1 Ensure applicable numbers of units are Section 504/ADA accessible
❑ Ensure the applicable affordability period for -the project is met
B. Program Components/Eligible Activities
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 abuse treatment, transportation and services for special populations).
• Homelessness Prevention and Rapid Re-Housinjz: 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).
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6)
C. Performance Deliverables
Program Deliverable
Deliverable Supporting
Submission Schedule
Project Component 1: Personnel
Documentation
Monthly by the 10' of
Special Grant Condition
Policies as stated in this
Within sixty (60) days of agreement
Policies (Section 1.1)
agreement
execution
Insurance
Insurance Certificate
Within 30 days of agreement
Project Component 2: Annual
timesheets, payroll, banking, canceled
execution and annually within thirty
Shelter operation expenses which
checks, utility documents(s), and any
(30)days of renewal
Detailed project Schedule
Project Schedule
N/A
Project Plans and
Site Plans and Specifications
N/A
S eciiications
Subcontractor Log
Subcontractor Lo
N/A
Submission of Progress
Exhibit C
Quarterly; within 10 days after the end
Report
Final 10% ($) released upon
of the quarter. Final report 60 days
recurring monthly fees,
documentation of a minimum of 180
after agreement ends.
Section 3 Report
Quarterly reports on new hire
Within 10 days after the end of the
costs for the facility, pest control
information
quarter, until project is complete.
and lawn care.
from each invoice
(QuarterlyReport)
Davis -Bacon Act Certified
Weekly Certified Payroll
N/A
Payroll
reports, forms, and supporting
the month following
documentation
the month of service
Financial and Compliance
Audit, Management Letter and
Nine (9) months after FY end for
Audit
Exhibit D
Single Audit OR one hundred and
eighty (180) days after FY end.
Program Income Reuse Plan
Plan Approved by the County
N/A
D. Payment Deliverables
Payment Deliverable
Payment Supporting Documentation
Submission Schedule
Project Component 1: Personnel
Upon invoicing using Exhibit B will
Monthly by the 10' of
salary for an Operations Support
reimburse allowable expenses with
the month following
Administrator
documentation including but not limited
the month of service
to properly completed invoices,
Project Component 2: Annual
timesheets, payroll, banking, canceled
Shelter operation expenses which
checks, utility documents(s), and any
may include, but not be limited
additional supporting documentation as
to, security maintenance,
needed
monthly security system
monitoring, electricity, water and
sewer, trash collection,
insurance, internet, phone,
Final 10% ($) released upon
recurring monthly fees,
documentation of a minimum of 180
maintenance expenses, food
persons served and a successful close-out
costs for the facility, pest control
monitoring. Retainage will be deducted
and lawn care.
from each invoice
ESG Match
Exhibit B 1 along with supporting match
Monthly by the 10th of
documentation
the month following
the month of service
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1.3 PERIOD OF PERFORMANCE
Services of the SUBRECIPIENT shall start on October 1, 2019 and shall end on September
305 2020. 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.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available ONE HUNDRED FOURTEEN THOUSAND TWO
HUNDRED EIGHTY SIX DOLLARS AND ZERO CENTS ($114,286.00) for use by the
SUBRECIPIENT, during the Term of the Agreement (hereinafter, shall be referred to as the
"Funds").
Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund
shifts between project components shall not be more than 10 percent and does not signify a change
in scope. Fund shifts that exceed 10 percent of a project component shall only be made with Board
approval.
All services/activities specified in Part 1. 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 forth
in Section 13.3. of this Agreement. Contract administration shall be handled by the
SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents
related to the project.
The COUNTY shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of ESG funds until funds are needed for eligible
costs, and all 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 may be
required if two consecutive months of $0 invoices are submitted. Payments shall be made to the
SUBRECIPIENT when requested as work progresses but, not more frequently than once per
month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of
service required by this Agreement.
Final invoices are due no later than 90 days after the end of the Agreement. Work performed during
the term of the program but not invoiced within 90 days after the end of the Agreement may not be
processed without written authorization from the Grant Coordinator.
The County Manager or designee may extend the term of this Agreement for a period of up to 180
days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to
the SUBRECIPIENT.
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No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requirements. Payment will be made upon receipt of a
properly completed invoice and in compliance with Ch. 218, Part VII, Florida Statutes, otherwise
known as the "Local Government Prompt Payment Act."
1.5 COST PRINCIPLES
Payments to the SUBRECIPIENT are governed by the Federal grants management rules for cost
allowability found at 2 CFR 200 Subpart E -Cost Principles. For the purposes of this section
(Section 1.5 -Cost Principles) of this Agreement, SUBRECIPIENT is defined as a described in 2
CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under this
Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed
specifically to the projects referenced above as defined in 2 CFR 200.413. The SUBRECIPIENT
must provide adequate documentation for validating costs incurred. Payments to
SUBRECIPIENT's contractors and vendors are conditioned upon compliance with the procurement
requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by the
Subrecipients and Contractors shall be in compliance with 2 CFR Subpart E -Cost Principles. A
Developer is not subject to 2 CFR Subpart E, however the COUNTY is Subject to 2 CFR Subpart
E and may impose requirements upon the Developer in order for the COUNTY to remain compliant
with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls,
and maintain necessary source documentation for all costs incurred and adhere to any other
accounting requirements included in this agreement.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, and personal delivery, sent by facsimile or other electronic means. Any
notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All
notices and other written communications under this Agreement shall be addressed to the
individuals in the capacities indicated below, unless otherwise modified by subsequent written
notice.
COLLIER COUNTY ATTENTION: Carolyn Noble, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: Carolyn.Noble@colliercountyfl.gov
Telephone: (239) 252-5393
SUBRECIPIENT ATTENTION: Linda Oberhaus, Chief Executive Officer
The Shelter For Abused Women & Children
PO Box 10102
Naples, FL 34101
Email: loberhaus@naplesshelter.org
Telephone: (239) 280-1350
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PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
At any time during normal business hours and as often as the COUNTY (and/or its representatives)
may deem necessary, the SUBRECIPIENT shall make available all records, documentation, and
any other data relating to all matters covered by the agreement for review, inspection, or audit.
Any deficiencies noted in audit reports must be fully cleared by the 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 COUNTY policy concerning SUBRECIPIENT audits.
The determination of amounts of Federal awards expended shall be in accordance with guidelines
established by 2 CFR Part 200, Subpart F -Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 5 76.5 00 to
determine compliance with the requirements of this agreement, the ESG Program and all other
applicable laws and regulations. This documentation shall include, but not be limited to, the
following:
A. All records required by ESG regulations.
B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily
would be required by COUNTY in order to perform the service.
C. All reports, plans, surveys, information, documents, maps, books, records, and other data
procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the
purpose of this Agreement shall be made available to the COUNTY, by the
SUBRECIPIENT, at any time, upon request by the COUNTY or CHS. Materials identified
in the previous sentence shall be in accordance with generally accepted accounting
principles (GAAP), procedures and practices, which sufficiently and properly reflect all
revenues and expenditures of funds provided directly or indirectly by this Agreement,
including matching funds and Program Income. These records shall be maintained to the
extent of such detail as will properly reflect all net costs, direct and indirect labor, materials,
equipment, supplies and services, and other costs and expenses of whatever nature for
which reimbursement is claimed under the provisions of this Agreement.
D. Upon completion of all work contemplated under this Agreement, copies of all documents
and records relating to this Agreement shall be surrendered to CHS, if requested. In any
event, the SUBRECIPIENT shall keep all documents and records in an orderly fashion in
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a readily accessible, permanent, and secured location for five (5) years after the date of
submission of the annual performance and evaluation report, as prescribed in 2 CFR
200.333, with the following exception: if any litigation, claim, or audit is started before the
expiration date of the five (5) year period, the records will be maintained until all litigation,
claim or audit findings involving these records are resolved. The COUNTY shall be
informed, in writing, if an agency ceases to exist after closeout of this Agreement of the
address where the records are to be kept, as outlined in 2 CFR 200.336. The
SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at
no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon
termination of the Agreement 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 COUNTY.
IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832,
Michael. Coxkcolliercountyfl.gov, 3299 Tamiami Trail E, Naples FL
34112.
E. SUBRECIPIENT shall document how the Program Component(s), as defined in 24 CFR
576.100 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 576.100, income certification, and written
agreements with beneficiaries, where applicable.
F. 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 119, Florida Statutes 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 2 CFR 200.3 3 6 and 2 CFR 200.3 3 7.
2.3 MONITORING
During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit D) to
the COUNTY no later than nine (9) months after the Single Audit (or one hundred eighty (180)
days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT's fiscal year end.
The COUNTY will conduct an annual financial and programmatic review.
SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desk top
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review of the activities may be conducted in lieu of an on-site visit. The continuation of this
agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the
request of CHS, submit information and status reports required by CHS or HUD to enable CHS to
evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall
allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or
unscheduled, as determined by CHS or HUD.
COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud,
waste, abuse, or non-performance based on goals and performance standards, as stated, with all
other applicable laws, regulations, and policies governing the funds provided under this Agreement
further defined by 2 CFR 200.331. Substandard performance, as determined by the COUNTY, will
constitute noncompliance with this Agreement. If corrective action is not taken by the
SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract
suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD,
the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the
COUNTY's internal auditor(s) access to all records related to performance of activities in this
Agreement.
2.4 PREVENTION OF FRAUD AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient
to prevent, detect and collect incidents of waste, fraud and abuse in the performance of this
Agreement and to provide for the proper and effective management of all Program and fiscal
activities by the Agreement. SUBRECIPIENT's internal control systems and all transactions and
other significant events are to be clearly documented and the documentation shall be readily
available for monitoring by COUNTY.
SUBRECIPIENT shall give COUNTY complete access to all of its records, employees, and agents
for the purpose of monitoring or investigating the performance of the Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent
waste, fraud, and abuse.
SUBRECIPIENT may not discriminate against any employee or other person who reports
a violation of the terms of this Agreement or of any law or regulation to COUNTY or to
any appropriate law enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this Agreement. Penalties may be imposed for failures to implement or to make
acceptable progress on such corrective action plans.
To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy
to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds
from CHS. CHS's policy for escalation for non-compliance is as follows:
1. Initial non-compliance may result in Findings or Concerns being issued to the
SUBRECIPIENT and will require a corrective action plan be submitted to the Division
within 15 days following issuance of the report.
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• Any pay requests that have been submitted to the Division for payment will be
held until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to the entity, as
needed, in order to correct the non-compliance issue.
2. If in the case a Subrecipient fails to submit the corrective action plan in a timely manner
to the Division, the Division may require a portion of the awarded grant amount be
returned to the Division.
• The COUNTY may require upwards of five percent (5%) of the award amount be
returned to the Division, at the discretion of the Board of County Commissioners.
• The SUBRECIPIENT may be denied future consideration as set forth in
Resolution No. 2013-228
3. If in the case the SUBRECIPIENT continues to fail to correct the outstanding issue oi.
repeats an issue that was previously corrected and has been informed by the Division
of their substantial non-compliance by certified mail; the Division may require a
portion of the awarded grant amount or the amount of the ESG investment for
acquisition of the properties conveyed, be returned to the Division.
• The Division may require upwards of ten percent (10%) of the award amount be
returned to the Division, at the discretion of the Board of County Commissioners.
• The entity will be in violation of Resolution No. 2013-228
4. If in the case after repeated notification the SUBRECIPIENT continues to be
substantially non- compliant, the Division may recommend the contract or award be
terminated.
• The Division will make a recommendation to the Board of County Commissioners
to immediately terminate the agreement or contract. The SUBRECIPIENT will be
required to repay all funds disbursed by the COUNTY for project that was
terminated. This includes the amount invested by the COUNTY for the initial
acquisition of the properties or other activities.
• The SUBRECIPIENT will be in violation of Resolution No. 2013-228
If in the case the SUBRECIPIENT has multiple agreements with the Division and is found to be
non- compliant, the above sanctions may be imposed across all awards at the BCC's discretion.
2.6 REPORTS
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Reimbursement may be contingent on the timely receipt of complete and accurate reports required
by this Agreement, and on the resolution of monitoring findings identified pursuant to this
Agreement, as deemed necessary by the County Manager or designee.
During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the
10th day of January, April, July and October, respectively, for the prior quarter period end. As part
of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive
final report covering the agreed-upon Program objectives, activities, and expenditures and
including but not limited to, performance data on client feedback with respect to the goals and
objectives set forth in Exhibit "C". Exhibit "C" contains a sample reporting form to be used in
fulfillment of this requirement. Other reporting requirements may be required by the County
Manager or designee, in the event of Program changes; the need for additional information, or
documentation arises; and/or legislative amendments are enacted. Reports and/or requested
documentation not received by the due date shall be considered delinquent and may be cause for
default and termination of this Agreement.
2.7 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 or her sole discretion and judgment, that
the Funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees
that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County
Commissioners and/or County Administration, personally liable for the performance of this
Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT
under the terms of this Agreement.
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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 576, the U.S. Housing and Urban Development regulations concerning the
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 Agreement. The
SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement
rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating
or establishing the relationship of 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.
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 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.
The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State, or
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 ESG grant funds, provided by 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
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is determined by the County Manager or designee, in his or her sole discretion and judgment, that
the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees
that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County
Commissioners and/or County Administration, personally liable for the performance of this
Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT
under the terms of this Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless Collier County, its officers, agents and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act, omission, including, but
not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its
agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or
any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the
performance of this Agreement. This indemnification obligation shall not be construed to negate,
abridge or reduce any other rights or remedies which otherwise may be available to an indemnified
party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses
of any nature whatsoever in connection therewith and shall defend all suits in the name of the
COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue
thereon. This Indemnification shall survive the termination and/or expiration of this Agreement.
This section does not pertain to any incident arising from the sole negligence of Collier County.
The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the
limits set forth in Section 768.28, Florida Statutes, This Section shall survive the expiration or
termination of this Agreement.
3.7 COUNTY RECOGNITION/SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorships of the Program, research reports, and similar
public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on
behalf of, and/or about the Program shall include the statement:
"FINANCED IN PART BY THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER
COUNTY COMMUNITY AND HUMAN SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team, as well as
Equal Housing Opportunity, to the general public. Construction signs shall comply with applicable
COUNTY codes.
3.8 DEFAULTS, REMEDIES, AND TERMINATION
In accordance with 2 CFR 200.339, this Agreement may also be terminated for convenience by
either the COUNTY or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for
such termination, the effective date, and, in the case of partial terminations, the portion to be
terminated. However, if in the case of a partial termination, the COUNTY determined that the
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remaining portion of the award will not accomplish the purpose for which the award was made, the
COUNTY may terminate the award in its entirety.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement:
A. Failure to comply with any of the rules, regulations or provisions referred to herein, or such
statutes, regulations, executive orders, and HUD guidelines, policies, or directives as may
become applicable at any time;
B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its
obligations under this Agreement;
C. Ineffective or improper use of funds provided under this Agreement;
D. Submission by the SUBRECIPIENT to the COUNTY 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;
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 ESG funds that
SUBRECIPIENT has received under this Agreement;
D. Apply sanctions, if determined by the COUNTY to be applicable;
E. Stop all payments, until identified deficiencies are corrected;
F. Terminate this Agreement by giving written notice to SUBRECIPIENT 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 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
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with its 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), to 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 funds, the costs
would have been allowable. Non-cash contributions may include:
a. The purchase value of any donated material or building. SUBRECIPIENT 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.
3.10 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. Regulations regarding real property and equipment
are subject to 2 CFR 200.311.
3.11 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until
all insurance required, as outlined in Exhibit "A" and 2 CFR 200.310 has been obtained, and said
insurance shall be carried at all times during SUBRECIPIENTS's performance under the
agreement.
3.12 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, Cost Principles, and
Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the
Emergency Solutions Grant. (24CFR576 et seq.)
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3.13 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards at (2 CFR 200.318 through
.326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing
thresholds are:
-Range: Competition Required
$0-$35000 Single Quote with documentation
$33000 - $50,000 3 Written Quotes
$505000+ Formal Solicitation ITB, RFP, etc
All improvements specified in Part I. Scope of Work shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding, under a procedure acceptable to the
COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts for
improvements with the lowest, responsible, and qualified bidder. Contract administration shall be
handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records
and documents related to the project.
3.14 PROGRAM -GENERATED INCOME
No Program Income is anticipated. In the event there is Program Income derived from the use of
ESG funds disbursed under this Agreement, such Program Income shall be retained by the
SUBRECIPIENT for use in the Emergency Solutions Grant Program. Any "Program Income" (as
such term is defined under applicable Federal regulations) 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, utilized by the SUBRECIPIENT accordingly, and shall be in
compliance with 2 CFR 200.307 and 24 CFR 576.201 in the operation of the Program. When
program income is generated by an activity that is only partially funded with ESG funds, the
income shall be prorated to reflect the percentage of ESG funds used. In the event there is a
program income balance at the end of the Program Year, such balance shall revert to the
COUNTY's Emergency Solutions Grant Program, for further reallocation.
3.15 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 are not limited to: making final
payments, disposing of program assets (including the return of all unused materials, equipment,
program income balances, and receivable accounts to the COUNTY), and determining the
custodianship of records. In addition to the records retention outlined in Part 2.2, the
SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records
maintenance, preservation, and retention. A conflict between State and Federal 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. Closeout procedures must take place in accordance with
2 CFR 200.343 and ensure all federal grant requirements have been completed.
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3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subj ected
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, 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 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 (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 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.
3.17 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 Agreement. As used in this Agreement, 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.
3.18 PROGRAM BENEFICIARIES
One Hundred percent (100%) of the beneficiaries of a project funded through this Agreement must
be at risk of homelessness, as defined by 24 CFR 576.2
3.19 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 11246 of September 24, 1966. The COUNTY shall provide
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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.
3.20 CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ, who presently exercises any
functions or responsibilities in connection with the Project, has any personal financial interest,
direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner
or degree with the performance of this Agreement and that no person having any conflict of interest
shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants
that it will comply with all provisions of 24 CFR 576.404, 2 CFR 200.318, and the State and County
statutes, regulations, ordinances, or resolutions governing conflicts of interest.
The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person or an entity
owned or controlled, in whole or in part, by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified and 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, its employees, or its
contractors shall be disclosed, in writing, to CHS provided, however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low and moderate
income residents of the project target area.
3.21 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).
3.22 PERMANENT HOUSING
Assistance for program participants to remain or move into housing must meet the minimum
habitability standards (Exhibit F) provided in 24 CFR 576.403(c) and all applicable State and Local
housing codes, licensing requirements, and any other requirements in the jurisdiction in which the
housing is located regarding the condition of the structure and the operation of the housing.
3.23 COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS
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 targeted toward homeless people and. mainstream service and assistance programs
(Exhibit G).
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3.24 HOMELESS PARTICIPATION
The SUBRECIPIENT must document its compliance with the homeless participation requirements
under 24 CFR 576.405(c).
3.25 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 576.500(g).
3.26 CONDITIONS FOR RELIGIOUS ORGANIZATIONS
ESG funds may be used by religious organizations or on property owned by religious organizations
only in accordance with requirements set in Section 24 CFR 576.406. The SUBRECIPIENT shall
comply with First Amendment Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment 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 ESG funds to support any inherently
religious activities, such as worship, religious instruction, or proselytizing.
D. The funds shall not be used for the acquisition, construction, or rehabilitation of structures
to the extent that those structures are used for inherently religious activities. Where a
structure is used for both eligible and inherently religious activities, ESG funds may not
exceed the cost of those portions of the acquisition, construction, or rehabilitation that are
attributable to eligible activities in accordance with the cost accounting requirements
applicable to ESG funds in this part. Sanctuaries, chapels, or other rooms that an ESG
funded religious congregation uses as its principal place of worship, however, are ineligible
for ESG funded improvements.
3.27 INCIDENT REPORTING
If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any
subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of
a child, aged person, or disabled adult to the COUNTY.
3.28 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
1. 24 CFR Part 576 Emergency Solutions Grants Program, as amended. — All the regulations
regarding the ESG Program.
2. Environmental Protection Agency (EPA) regulations pursuant to 24 CFR Part 58, as amended.
https://www.ecfr..jzov/cgi-bin/text-idx?tpl=/eefrbrowse/Title24/24cfr58 main 02.tp1
3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974
as amended. https://www.hudexchange.info/resource/2184/housinv,-and-comi-n
https://www.gpo.gov/fdsys/l)kg/PLAW- I 04publ I 20/html/PLAW- I 04publ 120.htm
4. Title VI of the Civil Rights Act of 1964 as amended, along with Executive Order 13166
https ://www.hhs. Dov/civil-rights/for-individuals/special-topics/needy-families/civil-rights-
requirements/index.html https://wwwjustice.gov/ci-t/executive-order-13166
5. Title VIII of the Civil Rights Act of 1968 as amended
https://www.eeoc.gov/laws/statutes/titlevii.cfm.
6. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
https://www.law.comeI1.edu/cfr/text/24/570.601
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.
https://www.eeoc.gov/eeoc/history/35th/thelaw/eo- 11246.html
8. Title VII 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. https://www.eeoc.gov/laws/statutes/titlevii.cfm
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 Subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT, and any of the SUBRECIPIENT's Subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through which Federal
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
https •//www.hudexchange. info/resource/23 3 0/24-cfr-part-13 5 -section -3 -regulations/
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10. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include
the following language in all subcontracts executed under this Agreement:
A. "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."
11. 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.
12. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
13. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107 and 12086.
https://www.hud. gov/program_offices/fair_housing_equal_opp/fair_housing_and_related_Iaw
14. Contract Work Hours and Safety Standards Act, 40 USC 327-332.
https://www.dol.gov/whd/regs/statutes/safeOI.pdf
15. Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR
Pant 8. https://www.hud.gov/sites/documents/5784 N -01 -NOTICE -5-15 14.PDF
16. Title II of the Americans with Disabilities Act (42 U.S.C. 12131 et seq.) and 28 CFR Part 35 as
applicable https://www.law.comell.edu/uscode/text/42/12131
17. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
https://www.fhwa.dot.gov/real—estate/uniform—act/index.cfm
18. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally
assisted projects. http://www.presidency.ucsb.edu/ws/index.php?pid=23675
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19. 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 Emergency
Solutions Grant Contracts. https://og_e.commerce.gov/page/executive-order-11625
20. 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. https://www.law.comell.edu/cfr/text/24/570.607
21. Public Law 100-430 - the Fair Housing Act (42 U.S.C. 3 60 1, et seq.) and implementing regulations
at 24 CFR Part 100. https://www.gpo. ov/fds�s/pkg/STATUTE-102/pdf/STATUTE-102-
Pg1619.pdf
22. 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. https://www.uscis.gov/tools/ lossar /immigration -reform -
and -control -act -19 86-irca
23. 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.
http:Hsp 16/sites/HumanResourc es/Shared%2ODocuments/County-Practices-and-Procedures-
(CMA)/CMA%205311%20Code%20of%20Ethics%20and%20Anti%20Fraud%20NEW.pdf
https://www.colliereIerk.com/records-search/bmr-records-search
24. 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 SUBRECIPIENT's discretion.
25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation, and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state
court and the US District Court, 20th Judicial Court of Florida, if in federal court. BY ENTERING
INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY
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WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
26. The SUBRECIPIENT agrees to comply with the following requirements:
Clean Air Act, 41 U.S.C. 7401, et seq.
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.
htti)s://www.9po.gov/fdsys/pkg/USCODE-201 0-title42/html/USCODE-201 0-title42-chap85.htm
https://www.gpo.gov/fdsys/pkg/USCODE-2011-title33/pdf/USCODE-2011-title33-chap26.pdf
27. 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.
https://www.fema.gov/media-library/assets/documents/7277
https://www.gpo.gov/fdsys/granule/CFR-2012-title24-vol3/CFR-2012-title24-vo13-see570-605
28. 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 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.
http://uscode.house. gov/view.xhtml?path=/prelim@title42/chapter63 &edition=prelim
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.
https://www.nps.gov/histo - /local-law/nhpa1966.htm
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, State, or Local historic property list.
30, The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the
Drug -Free Workplace Act of 1988 (41 U.S.C. 701). https://www.gpo.gov/fdsy.s/granule/USCODE-
2009-title4 l /USCODE-2009-title4 l -chap _10-sec701 /content-detail.html
31. The SUBRECIPIENT agrees that no funds provided, nor personnel employed under the Agreement
Shelter for Abused Women & Children, Inc.
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0
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). https://www.gpo. ov/fds�s/granule/USCODE-
2009-title4l/USCODE-2009-title4 l -chap 10-sec701/content-detail.html
32. 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. https://www.law.cornell.edu/cfr/text/24/part-570/subpart-K
33. 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.
34. 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 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.
35. Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101), set forth in
Appendix A to 2 CFR Part 170 haps://www.Rpo. ov/fdsys/pkg/PLAW-109publ282/pdf/PLAW-
109publ282.pdf
36. 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). https://wvwv.gpo. ov/fdsys/granule/CFR-2009-title49-voll/CFR-
2009-title49-vol l -part24
37. 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 § 2 87.13 3 (3) (a), Florida
Statutes.
http://www. leg. state.fl.us/Statutes/index.cfin?App mode=Display Statute&Search String=&UR
L=0200-0299/02 87/Sections/02 87.13 3 .html
38. 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.
Shelter for Abused Women & Children, Inc.
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39. 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.
https://www.law.comeI1.edu/cfr/text/24/pai-t-87
40. 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;
41. 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. https://www.gpo.gov/fdsys/granule/USCODE-2010-
title3 l /USCODE-2010-title3 l-subtitleII-chap 13-subchaplIl-sec 13 52/content-detail.html
42. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem
rates in effect at the time of travel. https://www.gsa.gov/travel/pIan-book/per-diem-rates
43. Any rule or regulation determined to be applicable by HUD.
44. Florida Statutes 119.021 Records Retention https:Hm.flsenate.gov/Statutes/119.021
45. Florida Statutes, 119.071, Contracts and Public Records
haps•//www lawserver.com/law/state/florida/statutes/florida statutes 119-07
46. 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))
https•//www federalre i�'ster.Rov/documents/2016/12/20/2016-30241/runaway-and-homeless-
�uth
47. 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
https•//www eta Dov/enforcement/resource-conservation-and-recovery-act-rcra-and-federal-
facilities https://www.law.cornell.edu/cfr/text/40/247.1
(Signature Page to Follow)
Shelter for Abused Women & Children, Inc.
ES 19-01
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s.
Page 26°j
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EXHIBIT "A"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
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.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its
Subcontractors to provide original certificates indicating the following types of insurance coverage prior to
any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one
hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
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).
Shelter for Abused Women & Children, Inc.
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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.
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 (As Their Interest May Appear).
11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full
replacement values of the structure(s) or the maximum amount of coverage available through the
National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee
with respect to this coverage A.T.I.M.A.
Shelter for Abused Women & Children, Inc.
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EXHIBIT "B"
COLLIER COUNTY COMMUNITY AND HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Shelter for Abused Women & Children, Inc.
Subrecipient Address: PO Box 10102, Naples, FL
Project Name: Emergency Solutions Grant — Shelter Operations
Project No: ES19-01, IDIS # Payment Request #
Total Payment Minus Retainage:
Period of Availability: 10/01/19 through 09/30/20
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
l . Grant Amount Awarded
2. Sum of Past Claims Submitted on this Account
3.Total Grant Amount Awarded Less Sum of Past Claims
Submitted on this Account
4.Amount of Today's Request
5.10% Retainage Amount Withheld
6.Current Grant Balance (Initial Grant Amount Award
request) (includes Retainage)
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all
grant requirements have been followed.
Signature
Title
Authorizing Grant Coordinator
Supervisor
Date
Authorizing Grant Accountant
Division Director
(Approval Required $15,000 and
above)
Shelter for Abused Women & Children, Inc.
ES 19-01
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O
MATCH FORM
COLLIER COUNTY
EXHIBIT B 1
REQUEST FOR MATCH
SECTION I: REQUEST FOR PAYMENT
Sub recipient Name:
Sub recipient Address:
Project Name:
Project No:
SECTION II: STATUS OF FUNDS
1.. Total Match Amount Per Agreement
Match Request #:
Match Amount Requested Today:
2. Total Amount of Previous Match Submitted
3. Total Match Amount Awarded Per Agreement Less Total
Amount of Previous Match Submitted
4. Amount of Today's Request
5. Match Balance (Match per Agreement Less the Sum of All
Match submitted)
I certify that this request for payment/match has been made in accordance with the terms and conditions
of the Agreement between the COUNTY and us as the SUBRECIPIENT/DEVELOPER. To the best of nzy
knowledge and belief, all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Authorizing Grant Accountant
Supervisor Department Director
Shelter for Abused Women & Children, Inc.
ES 19-01
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EXHIBIT "C"
Emergency Solutions Grants (ESG) Program Client Information
Report Period:
Fiscal Year:
Contract Number:
Organization/s:
Program/s:
Contact Name:
Contact Number:
Report Selection Criteria
Characteristics Report
Ethnicity
Race
Non -
Hispanic
Hispanic
White
Black/African American
Report Selection Criteria
Characteristics Report
Ethnicity
Race
Non -
Hispanic
Hispanic
White
Black/African American
Asian
American Indian/Alaskan Native
Native Hawaiian/Other Pacific Islander
Other/Multi-Racial
2. Number of adults and children served:
a. Residential
Number of Adults
Number of Children
Number of Unknown Age
b. Non Residential
Number of Adults
Number of Children
Number of Unknown Age
3. Number of individuals/families served, by categories:
Number of individual households (singles)
Unaccompanied 18 and over Male Female
Unaccompanied 17 and under Male Female
Shelter for Abused Women & Children, Inc.
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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 project(s)/service(s) provided to clients in range:
a. emergency shelter facilities shelter h. employment
b. vouchers for shelters i. transitional
c. drop-in center
d. food pantry
e. mental health
f. alcohol/drug
g. child care
. outreach
k. soup kitchen/meal distribution
1. health care
m. HIV/AIDS services
n. other (please list)
5. Number of clients served by sub population (duplicated count):
a. Chronically Homeless f. Chronic Substance Abuse (alcohol
and/or drug)
b. Victims of Domestic Violence
g. Severely Mentally Ill
c. Elderly
h. Runaway / throwaway youth
d. Veterans
i. Other disability (Physical and/or
e. Individuals with HIV/AIDS Developmental)
(Chronically Homeless- HUD definition of a chronically homeless person is an unaccompanied homeless
individual with a disabling condition who has either: 1) been continuously homeless for a year a more, or
2) has had at least four episodes of homelessness in the past three years.)
6. Clients housed by shelter type:
Barracks Hotel/Motel
Group/Large House Other Apartment/Complex
Scattered Site Apartment Other- Single Family Duplex
Single Family Detached House Other
Single Room Occupancy TOTAL
Mobile Home/Trailer
Shelter for Abused Women & Children, Inc.
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Eli FA_1BRT'.'D"
A_�WPUAL AUDIT M01,11 CRINGREPORT
Circular 2 GFR P-ar-k 200.331 requires Collier County to MOS IitOr Mbreciplents of federal awards to
determine if Mbrecipients are compliant with established au&k requiremen'lls- (SUbpari F). Accordingly, CoMer
County requirs-s tha-iL all appropriate dorcumeentafion is provide -,-d ragarding your organizations compH'ance.
In determnU� nig F(aderas-i I awards expended in a fiscal year 7 -she entity mu cM cons der all sources of Federal
awards brsis(,:��d an Ajvlhan the c,,_ic16vi,!y related tic -3, she Ffaderal award occcurs, including any Federai award provided
by Collier County. The, of amounts of Fr)dera_-.l awards 8-.-Xpanded shall be in accordance with
the g0de,_Anes eas"L(@Mshed by es-�abfished by /2 CFR Par'L( 200, Siujbpar� F -AU&Rec-I&e-nients. TN5 for Mb
may be used to rnonitc�_)r Florida Single Alu&li Act (Sta,ku,1'1'e 215.97) requirtad rients.
5 U, breci pie,
Hame
First Rate o'u M'scall Year (MMIDD/YY)
I Last Date of Fiscal Year (MMIDDIYY)
Total Fedov�� Phriancial Assistance Expendo-d
during moat recently completed F-Jscal Year
Tota0 State Financial Assistance Expended cdm-Ong
most recently com letecl Fiscal Year
Chat h RN. o5, B. Chach C '5'dapplicable
A. The federal/state expenditure threshold for our fiscai year ending eas indicated above has
been, met and a Single Audit as required by 2 CFR Rack 200, Subpar,� F has been completed
❑ �'o
Or Will be completed ' by, - __. , p�e%s; of ce7nudit, ropoi"i zind mc-31,1nEAgicnment IE'Ater
are attached or will be provided within 30 days of complefion.
B. We are not subject to the requirements of O'IMB 2 CFR Park 9-00, Subpart F because we:
R Did not exceed the expenditure threshold for the fiscal year indicated above
El Are a for-profit organization
[:] Are exempt for other reasons - explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Upda*te of the responses and corrective action plan is
included separate from the written response provided within theaudit. report. While we
understand that the audit repot- contains a written response to the finding(s), we are
requesting an updated status of the corrective action(s) being taken. Please do not provide
just a copy of the written response from your audit report, unless it includes details of the
actions, procedures, policies, etc..imirplemented and when it was or wolf be implemented.
Certification Statement
I hereby certify that the above, information is true and accurate.
V cg n a t U F e 'Davis
Print H1 am, a and Title
06/18
Shelter for Abused Women & Children, Inc.
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u
IAIE!JXHIBff T " E "
EMERGE 1\",TC7Y SHELTERS
Minim UM)
The SUBPECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum' standards for
Emergency Shelters, p as applicable:
n rge i
24 CFR 576.403(b). Allinimum standards foi en e i cy 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 minimurn standards.
(1) Structure and materials, The shelter building must be structurally sound to protectresidents
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 11 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) SM-italy facilities. Each program participant in the shelter must have access to sanitary
p
P %,r private and are adequate for personal
facilities that are in rope operating condition, are pi
cleanliness and the disposal of human waste.
(7) Thermal environment. The shelter must have any necessary heating/cooling facilities in
proper operating condition.
(8) Illuminatimi 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.
Shelter for Abused Women & Children, Inc.
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9
EXHIBIT "F"
PERMANENT HOUSING
The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards foi•
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) 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.
Shelter for Abused Women & Children, Inc.
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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 with 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 with other targeted homeless services. The SUBRECIPIENT and COUNTY must
coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other
programs targeted to homeless people in the area 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 (42 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 (42 U.S.C. 11331 et seq.));
(12) Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic Violence,
Dating Violence, and Stalking Program (section 40299 of the Violent Crime Control and
Law Enforcement Act (42 U.S.C. 13975));
(13) Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless Veterans
Comprehensive Assistance Act (38 U.S.C. 2021);
(14) Domiciliary Care for Homeless Veterans Program (38 U.S.C. 2043);
(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).
Shelter for Abused Women & Children, Inc.
ES 19-01
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O
(c) Systein and program coordination �i4th mainstream resources. The SUBRECIPIENl" 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 iRdividuals 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. 14378) (24 CFR parts 905, 968, and 990);
(2) Housing programs receiving tenant -based or project -based assistance under section 8 of
the U.S. Dousing 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 pail 92);
(5) Temporary Assistance for Needy Families (TANF) (45 CFR parts 260-265);
(6) Health Center Program (42 CFR part 51. c);
(7) State Children's Health Insurance 'Program (42 CFR part 457):
(8) Head Start (45 CFR chapter X111, subchapter 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.
(d) Ceno-,alized or coordinated assessment. Once the Continuum of Care has developed a centralized
assessment system or a coordinated assessment system in accordance with requirements to be
established by HUD, each ESG-funded program or project within the Continuum of Care's area must
use that assessment system. The COUNTY and SUBRECIPIENT must work with the Continuum of
Care to ensure the screening, assessment and referral of program participants are consistent with the
written standards required by paragraph (e) of this section. A victim service provider may choose not
to use the Continuum of Care's centralized or coordinated assessment system..
(e) ITI'ritten standardsfor providing E,G assistance. The SUBRECIPIENT must have written standards
for providing ESG.- assistance and. must consistently apply those standards for all program participants.
Z�
At a minimum these written standards must include:
(1) Standard policies and procedures for evaluating individuals' and families' eligibility for
assistance under ESG;
(2) Standards for targeting and providing essential services related to street outreach;
(3) Policies and procedures for admission, diversion, referral, and discharge by emergency
shelters assisted under ESG, 'Including standards regarding length of stay, if any, and
safeguards to meet the safety and shelter needs of special populations, e.g., victims of
domestic violence, dating violence, sexual assault, and stalking; and individuals and
families who have the highest barriers to housing and are likely to be homeless the longest;
(4) Policies and procedures for assessing, prioritizing, and reassessing individuals' and
families' needs for essential set -vices related to emergency shelter;
(5) Policies and procedures for coordination among emergency shelter providers, essential
services providers, homelessness prevention, and rapid re -housing assistance Providers;
other homeless assistance providers-, and mainstream service and housing providers (see
§576.400(b) and (c) for a list of programs with which ESG-funded activities must be
coordinated and integrated to the maximum extent practicable);
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P 0
(6) Policies and procedures for determining and prioritizing which eligible families and
individuals will receive homelessness prevention assistance and which eligible families
and individuals will receive rapid re -housing assistance;
(7) Standards for determining what percentage or amount of rent and utilities costs each
program participant must pay while receiving homelessness prevention or rapid re -housing
assistance;
(8) Standards for"determining how long a particular program participant will be provided with
rental assistance and whether and how the amount of that assistance will be adjusted over
time; and
(9) 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.
(f) 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 SUBR.ECIPIENT 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.
Shelter for Abused Women & Children, Inc.
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FAIN #
E -19 -UC -12-0016
Federal Award Date
EST 10/2019
Federal Award Agency
HUD
CFDA Name
Emergency Solutions
Grant
CFDA/CSFA#
14.231
Total Amount of
Federal Funds
Awarded
$40,000.0.0
Subrecipient Name
COLLIERCOUNTY
HUNGER &
HOMELESS
COALITION, INC.
DUNS#
150713423
FEIN
04-3610154
R&D
No
Indirect Cost Rate
No
Period of Performance
December 1, 2019 —
November 30, 2020
Fiscal Year End
12/31
Monitor End:
08/21
AGREEMENT BETWEEN COLLIER COUNTY
AND
COLLIER COUNTY HUNGER AND HOMELESS COALITION, INC.
Homeless Management Information System Project
THIS AGREEMENT is made and entered into this day of , 20195 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 COLLIER COUNTY
HUNGER AND HOMELESS COALITION, INC., a private not-for-profit corporation existing
under the laws of the State of Florida, SUB RECIPIENT") having its principal office at 3510 Kraft Rd,
Suite 200, 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
Collier County Hunger and Homeless Coalition, Inc.
ES 19-03
Project Name Page 1
2
WHEREAS, the Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan - One -Year Action Plans for Federal Fiscal Year 2019-2020 for the ESG Program at the
June 25, 2019, Agenda Item Board of County Commissioners meeting.
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
PART 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 Community and Human Services
Division (CHS), perform the tasks necessary to conduct the program as follows:
PROJECT DETAILS
Emergency Solutions Grant ESG Program, Homeless Management Information System Project:
Project Component One: Software costs, administration, technical assistance and
maintenance of HMIS system to maintain maximum utilization of allocated user licenses
throughout contract duration.
Project Component Two: Equipment
Project Component Three: Additional Licenses
1. Project Tasks:
a. Attend monthly Continuum of Care meeting and provide HMIS updates
b. Provide quarterly reports on meeting an ESG Eligible Activity
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).
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty (60) calendar days of the execution of this Agreement, the SUBRECIPIENT
must deliver to CHS all Grant and Special Conditions policies, as outlined in Section 1.1
B., below.
B. The following resolutions and policies must be submitted within 60 days of this agreement.
® Affirmative Fair Housing Policy
® Affirmative Action/ Equal Opportunity Policy
Collier County Hunger and Homeless Coalition, Inc.
ES 19-03
Project Name Page 2
Affirmative Action Plan
� Conflict of Interest Policy
� Procurement Policy
❑ Uniform Relocation Act Policy
Sexual Harassment Policy
� Procedure for meeting the requirements set forth in Section 3 of the Housing and
Urban Development Act of 1968, as amended (12U.S.C. 794 1 u)
F-1 Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
� Fraud Policy
� Violence Against Women Act (VAWA) Policy
� LGBTQ Policy
C. Environmental Review Requirement (ERR) - No program costs can be incurred until an
environmental review of the proposed project is completed and approved. Further, the
SUBRECIPIENT will not undertake any activity or commit any funds prior to the CHS
Notice to Proceed (NTP) letter. Violation of this provision will result in the denial of any
reimbursement of funds under this Agreement.
1.1.1 PROJECT DETAILS
A. Project Description/Budget
The budget identified for the Homeless Management Information System (HMIS) shall
be as follows:
Description
Federal Amount
ESG Match 1:1
Project Component 1: Software costs, administration,
$35,000.00
technical assistance and maintenance of HMIS system to
maintain maximum utilization of allocated user licenses
throughout contract duration.
Project Component 2: E ui ment
$1,468.75
Project Component 3: Additional Licenses
$ 35531.25
ESG Match Requirement: Match is required for a minimum of
Documentation of
$34,900.00
dollar for dollar, to the total amount required, with each
ESG Eligible
submitted pay request.
Matching Funds
Total Federal Funds:
$40,000.00
$34,900.00
The SUBRECIPIENT will accomplish the following checked project tasks:
F-1 Pay all closing costs related to property conveyance
F-1 Maintain and provide to the COUNTY, as requested, beneficiary income certification
documentation, which supports the presumed benefit of homeless participants
® Provide Quarterly Reports and project progress
® Required attendance by a representative from executive management at quarterly
partnership meetings, as requested by CHS.
Collier County Hunger and Homeless Coalition, Inc.
ES 19-03
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El Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation.
F-1 Identify Lead Project Manager
F-1 Provide Site Design and Specifications
❑ Comply with Davis Bacon Labor Standards
F-1 Provide certified payroll weekly throughout construction and rehabilitation
F-1 Comply with Uniform Relocation Act (URA), if necessary
F-1 Ensure applicable numbers of units are Section 504/ADA accessible
1-1 Ensure the applicable affordability period for the project is met
B. Program Components/Eligible Activities
All services/activities funded with ESG funds must meet one of the ESG program components, as
defined in 24 CFR 576:
StLreet 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.
o Emergency ShOter: 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 abuse treatment, transportation and services for special populations).
0 Homelessness Prevention and Lapid Re -H : 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.
® HINTS: 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).
C. Project Outcome
SU3RECIPIENT will complete HMIS activities such as, HMIS software and licenses for a
maximum of 75 users. CHS may provide equipment to be used for the facilitation of the
HMIS program.
D. Performance Deliverables
Program Deliverable
Deliverable Supporting
Documentation
Submission Schedule
Special Grant Condition
Policies as stated in this
Within sixty (60) days of agreement
Policies Section 1.1
agreement
execution
Insurance
Insurance Certificate
Within 30 days of agreement
execution and annually within thirty
(3 0) days of renewal
Collier County Hunger and Homeless Coalition, Inc.
ES 19-03
Project Name Page 4
f.�
Detailed roject Schedule
Project Schedule
N/A
Project Plans and
Site Plans and Specifications
N/A
S ecifications
payment as evidenced by cancelled
month following the
Subcontractor Log
Subcontractor Lo
N/A
Submission of Progress
Quarterly Report — Exhibit C
Quarterly; within 10 days after the
Report
may be requested.
end of the quarter. (even if zero)
utilization of allocated user
Final report due 60 days after
licenses throughout contract
agreement ends.
Section 3 Report
Quarterly reports on new hire
Quarterly; within 10 days after the
Project Component 2: Equipment
information
end of the quarter, until project is
Project Component 3: Additional
complete
Davis -Bacon Act Certified
Weekly Certified Payroll
N/A
Payroll
reports, forms, and supporting
Monthly by 10' of the
documentation
month following the
Financial and Compliance
Audit, Management Letter and
Nine (9) months for Single Audit
Audit
Exhibit D
OR one hundred and eighty (180)
days after FY end.
Program Income Reuse Plan
Plan Approved by the County
N/A
E. Payment Deliverables
Payment Deliverable
Payment Supporting Documentation
Submission Schedule
Project Component 1: Software
Exhibit B along with proof of invoice
Monthly by 101h of the
costs, administration,
payment as evidenced by cancelled
month following the
technical assistance and
check or bank statement, vendor
payment of software
maintenance of HMIS system
Y
invoice, and an other documents that
Y
or other related
to maintain maximum
may be requested.
invoices.
utilization of allocated user
licenses throughout contract
duration.
Project Component 2: Equipment
Project Component 3: Additional
Licenses
ESG Match
Exhibit B 1 along with supporting match
Monthly by 10' of the
documentation
month following the
month of service.
1.3 PERIOD OF PERFORMANCE
Services of the SUBRECIPIENT shall start on December 1, 2019 and shall end on
November 3 0, 2020. 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.
1.4 AGREEMENT AMOUNT
Collier County Hunger and Homeless Coalition, Inc.
ES 19-03
Project Name Page 5
The COUNTY agrees to make available FORTY THOUSAND DOLLARS AND ZERO CENTS
($40,000.00) for use by the SUBRECIPIENT, during the Term of the Agreement (hereinafter, shall
be referred to as the "Funds").
Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund
shifts between project components shall not be more than 10 percent and does not signify a change
in scope. Fund shifts that exceed 10 percent of a project component shall only be made with Board
approval.
All services/activities specified in Part 1. 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 forth
in Section 13.3. of this Agreement. Contract administration shall be handled by the
SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents
related to the project.
The COUNTY shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of ESG funds until funds are needed for eligible
costs, and all 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 may be required if two
consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT
when requested as work progresses but, not more frequently than once per month. Reimbursement
will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this
Agreement.
Final invoices are due no later than 90 days after the end of the Agreement. Work performed during
the term of the program but not invoiced within 90 days after the end of the Agreement may not be
processed without written authorization from the Grant Coordinator.
The County Manager or designee may extend the term of this Agreement for a period of up to 180
days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to
the SUBRECIPIENT.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requirements. Payment will be made upon receipt of a
properly completed invoice and in compliance with Ch. 218, Part VII, Florida Statutes, otherwise
known as the "Local Government Prompt Payment Act."
1.5 COST PRINCIPLES
Payments to the SUBRECIPIENT are governed by the Federal grants management rules for cost
allowability found at 2 CFR 200 Subpart E -Cost Principles. For the purposes of this section
(Section 1.5 -Cost Principles) of this Agreement, SUBRECIPIENT is defined as a described in 2
CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under this
Collier County Hunger and Homeless Coalition, Inc.
ES 19-03
Project Name Page 6 CCNO
Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed
specifically to the projects referenced above as defined in 2 CFR 200.413. The SUBRECIPIENT
must provide adequate documentation for validating costs incurred. Payments to
SUBRECIPIENT's contractors and vendors are conditioned upon compliance with the procurement
requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by the
Subrecipients and Contractors shall be in compliance with 2 CFR Subpart E -Cost Principles. A
Developer is not subject to 2 CFR Subpart E, however the COUNTY is Subject to 2 CFR Subpart
E and may impose requirements upon the Developer in order for the COUNTY to remain compliant
with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls
and maintain necessary source documentation for all costs incurred and adhere to any other
accounting requirements included in this agreement.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, and personal delivery, sent by facsimile or other electronic means. Any
notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All
notices and other written communications under this Agreement shall be addressed to the
individuals in the capacities indicated below, unless otherwise modified by subsequent written
notice.
COLLIER COUNTY ATTENTION: Carolyn Noble, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: Carolyn.Noble@colliercountyfl.gov
Telephone: (239) 252-5393
SUBRECIPIENT COLLIER COUNTY HUNGER AND HOMELESS COALITION,
INC.
ATTENTION: Christine Welton, Executive Director
Physical Address: 3 510 Kraft Rd., Suite 200
Naples, FL 34105
Mailing Address: PO Box 9202, Naples, FL 34101
Telephone: (239) 263-9363
Collier County Hunger and Homeless Coalition, Inc.
ES 19-03
Project Name Page 7
C�
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.
Any deficiencies noted in audit reports must be fully cleared by the 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 COUNTY policy concerning SUBRECIPIENT audits.
The determination of amounts of Federal awards expended shall be in accordance with guidelines
established by 2 CFR Part 200, Subpart F -Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 576.500 to
determine compliance with the requirements of this agreement, the ESG Program and all other
applicable laws and regulations. This documentation shall include, but not be limited to, the
following:
A. All records required by ESG regulations.
B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily
would be required by COUNTY to perform the service.
C. All reports, plans, surveys, information, documents, maps, books, records, and other data
procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the
purpose of this Agreement shall be made available to the COUNTY, by the
SUBRECIPIENT, at any time, upon request by the COUNTY or CHS. Materials identified
in the previous sentence shall be in accordance with generally accepted accounting
principles (GAAP), procedures and practices, which sufficiently and properly reflect all
revenues and expenditures of funds provided directly or indirectly by this Agreement,
including matching funds and Program Income. These records shall be maintained to the
extent of such detail as will properly reflect all net costs, direct and indirect labor, materials,
equipment, supplies and services, and other costs and expenses of whatever nature for
which reimbursement is claimed under the provisions of this Agreement.
D. Upon completion of all work contemplated under this Agreement, copies of all documents
and records relating to this Agreement shall be surrendered to CHS, if requested. In any
event, the SUBRECIPIENT shall keep all documents and records in an orderly fashion in
a readily accessible, permanent, and secured location for five (5) years after the date of
Collier County Hunger and Homeless Coalition, Inc.
ES 19-03
Project Name Page 8
submission of the annual performance and evaluation report, as prescribed in 2 CFR
200.333, with the following exception: if any litigation, claim, or audit is started before the
expiration date of the five (5) year period, the records will be maintained until all litigation,
claim or audit findings involving these records are resolved. The COUNTY shall be
informed, in writing, if an agency ceases to exist after closeout of this Agreement of the
address where the records are to be kept, as outlined in 2 CFR 200.336.- The
SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at
no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon
termination of the Agreement 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 COUNTY.
IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION 4F CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT 239-252-68329
Michael. Coxgcolliercount�fl.gov, 3299 Tamiami Trail E, Naples FL
34112.
E. SUBRECIPIENT shall document how the Program Component(s), as defined in 24 CFR
576.100 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 576.100, income certification, and written
agreements with beneficiaries, where applicable.
F. 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 119, Florida Statutes 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 2 CFR 200.336 and 2 CFR 200.337.
2.3 MONITORING
During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit D) to
the COUNTY no later than nine (9) months after the Single Audit (or one hundred eighty (180)
days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT's fiscal year end.
The COUNTY will conduct an annual financial and programmatic review.
SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a 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
Collier County Hunger and Homeless Coalition, Inc.
ES 19-03
Project Name Page 9
request of CHS, submit information and status reports required by CHS or HUD to enable CHS to
evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall
allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or
unscheduled, as determined by CHS or HUD.
COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud,
waste, abuse, or non-performance based on goals and performance standards, as stated, with all
other applicable laws, regulations, and policies governing the funds provided under- this Agreement
further defined by 2 CFR 200.331. Substandard performance, as determined by the COUNTY, will
constitute noncompliance with this Agreement. If corrective action is not taken by the
SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract
suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD,
the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the
COUNTY's internal auditor(s) access to all records related to performance of activities in this
Agreement.
2.4 PREVENTION OF FRAUD AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient
to prevent, detect and correct incidents of waste, fraud and abuse in the performance of this
Agreement and to provide for the proper and effective management of all Program and fiscal
activities by the Agreement. SUBRECIPIENT's internal control systems and all transactions and
other significant events are to be clearly documented and the documentation shall be readily
available for monitoring by COUNTY.
SUBRECIPIENT shall give COUNTY complete access to all of its records, employees, and agents
for the purpose of monitoring or investigating the performance of the Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent
waste, fraud, and abuse.
SUBRECIPIENT may not discriminate against any employee or other person who reports
a violation of the terms of this Agreement or of any law or regulation to COUNTY or to
any appropriate law enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this Agreement. Penalties may be imposed for failures to implement or to make
acceptable progress on such corrective action plans.
To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy
to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds
from CHS. CHS's policy for escalation for non-compliance is as follows:
1. Initial non-compliance may result in Findings or Concerns being issued to the
SUBRECIPIENT and will require a corrective action plan be submitted to the Division
within 15 days following issuance of the report.
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• Any pay requests that have been submitted to the Division for payment will be
held until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to the entity, as
needed, in order to correct the non-compliance issue.
2. If in the case a Subrecipient fails to submit the corrective action plan in a timely manner
to the Division, the Division may require a portion of the awarded grant amount be
returned to the Division.
• The COUNTY may require upwards of five percent (5%) of the award amount be
returned to the Division, at the discretion of the Board of County Commissioners.
• The SUBRECIPIENT may be denied future consideration as set forth in
Resolution No. 2013-228
3. If in the case the SUBRECIPIENT continues to fail to correct the outstanding issue or
repeats an issue that was previously corrected and has been informed by the Division
of their substantial non-compliance by certified mail; the Division may require a
portion of the awarded grant amount or the amount of the ESG investment for
acquisition of the properties conveyed, be returned to the Division.
• The Division may require upwards of ten percent (10%) of the award amount be
returned to the Division, at the discretion of the Board of County Commissioners.
• The entity will be in violation of Resolution No. 2013-228
4. If in the case after repeated notification the SUBRECIPIENT continues to be
substantially non- compliant, the Division may recommend the contract or award be
terminated.
• The Division will make a recommendation to the Board of County Commissioners
to immediately terminate the agreement or contract. The SUBRECIPIENT will be
required to repay all funds disbursed by the COUNTY for project that was
terminated. This includes the amount invested by the COUNTY for the initial
acquisition of the properties or other activities.
• The SUBRECIPIENT will be in violation of Resolution No. 2013-228
If in the case the SUBRECIPIENT has multiple agreements with the Division and is found to be
non- compliant, the above sanctions may be imposed across all awards at the BCC's discretion.
2.6 REPORTS
Reimbursement may be contingent on the timely receipt of complete and accurate reports required
by this Agreement, and on the resolution of monitoring findings identified pursuant to this
Agreement, as deemed necessary by the County Manager or designee.
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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 pant
of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive
final report covering the agreed-upon Program objectives, activities, and expenditures and
including but not limited to, performance data on client feedback with respect to the goals and
objectives set forth in Exhibit "C". Exhibit "C" .contains a sample reporting form to be used in
fulfillment of this requirement. Other reporting requirements may be required by the County
Manager or designee, in the event of Program changes; the need for additional information, or
documentation arises; and/or legislative amendments are enacted. Reports and/or requested
documentation not received by the due date shall be considered delinquent and may be cause for
default and termination of this Agreement.
2.7 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 or her sole discretion and judgment, that
the Funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees
that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County
Commissioners and/or County Administration, personally liable for the performance of this
Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT
under the terms of this Agreement.
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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 576, the U.S. Housing and Urban Development regulations concerning the
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 Agreement. The
SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement
rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating
or establishing the relationship of 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.
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 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.
The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State, or
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 ESG grant funds, provided by 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 or her sole discretion and judgment, that
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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 perfonnance of this
Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT
under the terms of this Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless Collier County, its officers, agents and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act, omission, including, but
not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused . by the
negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its
agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or
any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the
performance of this Agreement. This indemnification obligation shall not be construed to negate,
abridge or reduce any other rights or remedies which otherwise may be available to an indemnified
party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses
of any nature whatsoever in connection therewith and shall defend all suits in the name of the
COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue
thereon. This Indemnification shall survive the termination and/or expiration of this Agreement.
This section does not pertain to any incident arising from the sole negligence of Collier County.
The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the
limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration or
termination of this Agreement.
3.7 COUNTY RECOGNITION/SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorships of the Program, research reports, and similar
public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on
behalf of, and/or- about the Program shall include the statement:
"FINANCED IN PART BY THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER
COUNTY COMMUNITY AND HUMAN SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team, as well as
Equal Housing Opportunity, to the general public. Construction signs shall comply with applicable
COUNTY codes.
3.8 DEFAULTS, REMEDIES, AND TERMINATION
In accordance with 2 CFR 200.339, this Agreement may also be terminated for convenience by
either the COUNTY or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for
such termination, the effective date, and, in the case of partial terminations, the portion to be
terminated. However, if in the case of a partial termination, the COUNTY determined that the
remaining portion of the award will not accomplish the purpose for which the award was made, the
COUNTY may terminate the award in its entirety.
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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 manner its
obligations under this Agreement;
C. Ineffective or improper use of funds provided under this Agreement;
D. Submission by the SUBRECIPIENT to the COUNTY 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;
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 ESG funds that
SUBRECIPIENT has received under this Agreement;
D. Apply sanctions, if determined by the COUNTY to be applicable;
E. Stop all payments, until identified deficiencies are corrected;
F. Terminate this Agreement by giving written notice to SUBRECIPIENT 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 MATCH REQUIRED
SUBRECIPIENT must match ESG grant funds as referenced in l.l.l.A. Project
Description/Budget and 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 its 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
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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), to 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 funds, the costs
would have been allowable. Non-cash contributions may include:
a. The purchase value of any donated material or building. SUBRECIPIENT 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.
3.10 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. Regulations regarding real property and equipment
are subject to 2 CFR 200.311.
3.11 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until
all insurance required, as outlined in Exhibit "A" and 2 CFR 200.310 has been obtained and said
insurance shall be carried at all times during SUBRECIPIENTS's performance under the
agreement.
3.12 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, Cost Principles, and
Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the
Emergency Solutions Grant. (24CFR576 et seq.)
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3.13 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards at (2 CFR 200.318 through
.326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing
thresholds are:
-Range: Competition Required
$0 - $3,000 Single Quote with documentation
$35000 - $5000 3 Written Quotes
$50,000+ Formal Solicitation (ITB, RFP, etc)
All improvements specified in Part I. Scope of Work shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding, under a procedure acceptable to the
COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts for
improvements with the lowest, responsible, and qualified bidder. Contract administration shall be
handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records
and documents related to the project.
3.14 PROGRAM -GENERATED INCOME
No Program Income is anticipated. In the event there is Program Income derived from the use of
ESG funds disbursed under this Agreement, such Program Income shall be retained by the
SUBRECIPIENT for use in the Emergency Solutions Grant Program. Any "Program Income" (as
such term is defined under applicable Federal regulations) 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, utilized by the SUBRECIPIENT accordingly, and shall be in
compliance with 2 CFR 200.307 and 24 CFR 576.201 in the operation of the Program. When
program income is generated by an activity that is only partially funded with ESG funds, the
income shall be prorated to reflect the percentage of ESG funds used. In the event there is a
program income balance at the end of the Program Year, such balance shall revert to the
COUNTY's Emergency Solutions Grant Program, for further reallocation.
3.15 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 are not limited to: making final
payments, disposing of program assets (including the return of all unused materials, equipment,
program income balances, and receivable accounts to the COUNTY), and determining the
custodianship of records. In addition to the records retention outlined in Part 2.2, the
SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records
maintenance, preservation, and retention. A conflict between State and Federal 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. Closeout procedures must take place in accordance with
2 CFR 200.343 and ensure all federal grant requirements have been completed.
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3.16 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, 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 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 (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 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.
3.17 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 Agreement. As used in this Agreement, 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.
3.18 PROGRAM BENEFICIARIES
N/A
3.19 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 11246 of September 24, 1966. The COUNTY shall provide
Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program.
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The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to
the award of funds.
3.20 CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ, who presently exercises any
functions or responsibilities in connection with the Project, has any personal financial interest,
direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner
or degree with the performance of this Agreement and that no person having any conflict of interest
shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants
that it will comply with all provisions of 24 CFR 576.404, 2 CFR 200.318, and the State and County
statutes, regulations, ordinances, or resolutions governing conflicts of interest.
The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person or an entity
owned or controlled, in whole or in part, by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified and 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, its employees, or its
contractors shall be disclosed, in writing, to CHS provided, however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low- and moderate -
income residents of the project target area.
3.21 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).
3.22 PERMANENT HOUSING
Assistance for program participants to remain or move into housing must meet the minimum
habitability standards (Exhibit F) provided in 24 CFR 576.403(c) and all applicable State and Local
housing codes, licensing requirements, and any other requirements in the jurisdiction in which the
housing is located regarding the condition of the structure and the operation of the housing.
3.23 COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS
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 targeted toward homeless people and mainstream service and assistance programs
(Exhibit G).
3.24 HOMELESS PARTICIPATION
The SUBRECIPIENT must document its compliance with the homeless participation requirements
under 24 CFR 576.405(c).
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3.25 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 576.500(g).
3.26 CONDITIONS FOR RELIGIOUS ORGANIZATIONS
ESG funds may be used by religious organizations or on property owned by religious organizations
only -in accordance with requirements set in, Section 24 CFR 576.406. The SUBRECIPIENT shall
comply with First Amendment Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment 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 ESG funds to support any inherently
religious activities, such as worship, religious instruction, or proselytizing.
D. The funds shall not be used for the acquisition, construction, or rehabilitation of structures
to the extent that those structures are used for inherently religious activities. Where a
structure is used for both eligible and inherently religious activities, ESG funds may not
exceed the cost of those portions of the acquisition, construction, or rehabilitation that are
attributable to eligible activities in accordance with the cost accounting requirements
applicable to ESG funds in this part. Sanctuaries, chapels, or other rooms that an ESG
funded religious congregation uses as its principal place of worship, however, are ineligible
for ESG funded improvements.
3.27 INCIDENT REPORTING
If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any
subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of
a child, aged person, or disabled adult to the COUNTY.
3.28 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
1. 24 CFR Part 576 Emergency Solutions Grants Program, as amended. — All the regulations
regarding the ESG Program.
2. Environmental Protection Agency (EPA) regulations pursuant to 24 CFR Part 5 8, as amended.
https://www.eefr.gov/cgi-bin/text-idx?tpl—/ecfrbrowse/Title24/24cfr5 8 main 02.tp1
3 . Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974
as amended. https://www.hudexchange.info/resource/2184/housing-and-community-
development-hcd-act-of-1974/
https://www.gpo.gov/fdsys/pkg/PLAW- 104pub1120/html/PLAW-104publ 120.htm
4. Title VI of the Civil Rights Act of 1964 as amended, along with Executive Order 13166
https://www hhs. gov/civil-rights/for-individuals/special-topics/needy-families/civil-rights-
requireinents/index.html https://www.justice.gov/crt/executive-order-13166
5. Title VIII of the Civil Rights Act of 1968 as amended
https://www.eeoc.gov/laws/statutes/titlevii.cfm
6. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
https://www.law.comell.edu/cfr/text/24/570.601
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.
https://www.eeoc.gov/eeoc/history/35th/thelaw/eo-I 1246.html
8. Title VII 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. https://www.eeoc.Rov/laws/statutes/titlevii.cfm
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 foi-th 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 Subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT, and any of the SUBRECIPIENT's Subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through which Federal
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
https://v✓ww.hudexchange.info/resource/233 0/24-cfr-part-13 5 -section -3 -regulations/
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10. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include
the following language in all subcontracts executed under this Agreement:
A. "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."
11. 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.
12. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
13. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended
by Executive Orders 11375, 114785 12107 and 12086.
https://www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_and_related_law
14. Contract Work Hours and Safety Standards Act, 40 USC 327-332.
https://www.dol.,gov/whd/reas/statutes/safe0l.p df
15. Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR
Part 8. https•//www.hud.gov/sites/documents/5784 N 01 NOTICE 5 I S 14.PDF
16. Title II of the Americans with Disabilities Act (42 U.S.C. 12131 et seq.) and 28 CFR Part 35 as
applicable https://www.law.cornell.edu/uscode/text/42/12131
17. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
https://www.fhwa.dot.gov/real—estate/uniform—act/index.cfm
18. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally
assisted projects. http://www.presidency.ucsb.edu/ws/index.php?pid=23675
Collier County Hunger and Homeless Coalition, Inc.
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19. 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 Emergency
Solutions Grant Contracts. https://ogc.commerce.gov/page/executive-order-11625
20. 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. https://www.law.comell.edu/cfr/text/24/570.607
21. Public Law 100-430 - the Fair Housing Act (42 U.S.C..3601, et seq.) and implementing regulations
V at 24 CFR Part 100. https://www.gpo. ov/fds�s/pkg/STATUTE-102/pdf/STATUTE-102-
Pgl619.pdf
22. 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. https://www.uscis.gov/tools/glossary/immigration-refonn-
and-control-act-1986-irca
23. 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. 2004-055 as amended, and County Administrative Procedure 5311.
http •//sp 16/sites/HumanResources/Share d%2ODocuments/County-Practices-and-Procedures-
(CMA)/CMA%205311%20Code%20oP/o20Ethics%20and%20Anti%20Fraud%20NEW.pdf
https://www.coIliereIerk.com/records-search/bmr-records-search
24. 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 SUBRECIPIENT's discretion.
25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation, and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state
court and the US District Court, 20th Judicial Court of Florida, if in federal court. BY ENTERING
INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY
WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
Collier County Hunger and Homeless Coalition, Inc.
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26. The SUBRECIPIENT agrees to comply with the following requirements:
Clean Air Act, 41 U.S.C. 7401, et seq.
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.
https://www.g o ov/fds�s/pkg/USCODE-2010-title42/html/USCODE-2010-title42-chap85.htm
https://www.gpo.gov/fdsys/pkg/USCODE-2011-title33/pdf/USCODE-2011-title33-chap26.pdf
27. 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.
bttps://www.fema.R v/m edi a- I ibrqa/as sets/do cum ents/72 7 7
https://www.gpo.gov/fdsys/granule/CFR-2012-title24-vola/CFR-2012-title24-vol3-sec570-605
28. 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
pei-fain 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 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.
http•//uscode.house.gov/view.xhtml?path=/prelimgtitle42/chgpter63 &edition=prelim
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.
https://www.nps.gov/histoa/local-law/nhpal 966.htm
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, State, or Local historic property list.
30. The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the
Drug -Free Workplace Act of 1988 (41 U.S.C. 701). https://www.gpo.o�v/fds1—s/granule/USCODE-
2009-title4l /USCODE-2009-title4l-chap 10-sec701/content-detail.html
31. 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). https://www.gpo.gov/fdsys/granule/USCODE-
Collier County Hunger and Homeless Coalition, Inc.
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2009-title4 l /USCODE-2009-title4l-chap 10-sec701/content-detail.html
32. 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. https://www.law.corne11.edu/cfr/text/24/part-570/subpart-K
33. 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.
34. 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 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.
35. Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101), set forth in
Appendix A to 2 CFR Part 170 haps://www.gpo.gov/fds�s//pkg/PLAW-I09publ282/pdf/PLAW-
109publ2 82.pdf
36. 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). https://www.gpo. ov/fdsys/granule/CFR-2009-title49-voll/CFR-
2009-title49-vol 1-part24
37. 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:Hwww leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search String=&UR
L=0200-0299/0287/Sections/0287.133 .html
38, 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.
Collier County Hunger and Homeless Coalition, Inc.
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39. 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.
https://www.Iaw.comeI1.edu/cfr/text/24/part-87
40. 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;
41. 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. https://www.gpo. ov/fdsys/granule/USCODE-2010-
title3 l /USCODE-2010-title3 l-subtitlelI-chap 13-subchaplIl-sec 13 52/content-detail .html
42. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem
rates in effect at the time of travel. https://www.gsa-gov/travel/plan-book/per-diem-rates
43. Any rule or regulation determined to be applicable by HUD.
44. Florida Statutes 119.021. Records Retention https:Hm.flsenate.gov/Statutes/119.021
45. Florida Statutes, 119.071, Contracts and Public Records
https://www.lawserver.com/law/state/florida/statutes/florida statutes 119-07
46. 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))
https•//www federalre i�r Dov/documents/2016/12/20/2016-30241/runaway-and-homeless-
vouth
47. 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
https://www epa gov/enforcement/resource-conservation-and-recovery-act-rcra-and-federal-
facilities https://www.law.cornell.edu/cfr/text/40/247.1
(Signature Page to Follow)
Collier County Hunger and Homeless Coalition, Inc.
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t�
IN WITNESS WHEREOF, the Subreciplent and the County, have each, respectively, by ail aUthOriLed
person or agent, hereunder set their hands alld seals on the date first Written above.
ATTEST:
CRYSTAL K. KINZEL, CLERK
Dated:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
mm
, Deputy Clerk WILLIAM. L. MCDANIEL, JR., CHAIRMAN
(SEAL)
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney
Date:
Date:
COLLIER COUNTY HUNGER AND HOMELESS
COALI ION, INC.
By: ( , "P
CHRISTINE WELTON, EXr TIVE DIRECTOR
Date:
Collier County Hunger and Homeless Coalition, Inc,
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EXHIBIT "A"
INSURANCE REQUIREMENTS_
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
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.
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%)'pereent 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).
Collier County Hunger and Homeless Coalition, Inc.
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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.
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 (As Their Interest May Appear).
11. Flood Insurance coverage for those properties found to be within ' a flood hazard zone for the full
replacement values of the structure(s) or the maximum amount of coverage available through the
National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee
with respect to this coverage A.T.I.M.A.
Collier County Hunger and Homeless Coalition, Inc.
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EXHIBIT "B"
COLLIER COUNTY COMMUNITY AND HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Collier County Hunger and Homeless Coalition, Inc.
Subrecipient Address: PO Box 9202, Naples, FL 34101
Project Name: Emergency Solutions Grant — HMIS
Project No: ES 19-03, IDIS # Payment Request #
Total Payment Minus Retainage:
Period of Availability: 12/01/19 through 11/30/20
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
l .Grant Amount Awarded
2.Sum of Past Claims Submitted on this Account
3.Total Grant Amount Awarded Less Sum of Past Claims
Submitted on this Account
4.Amount of Today's Request
5.10% Retainage Amount withheld
6.Current Grant Balance (Initial Grant Amount . Award
request) (includes Retainage)
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all
grant requirements have been followed.
Signature
Title
Authorizing Grant Coordinator
Supervisor
Date
Authorizing Grant Accountant
Division Director
(Approval Required $15,000 and
above)
Collier County Hunger and Homeless Coalition, Inc.
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MATCH FORM
COLLIER COUNTY
EXHIBIT B 1
REQUEST FOR MATCH
SECTION I: REQUEST FOR PAYMENT
Sub recipient Name:
Sub recipient Address:
Project Name:
Project No:
SECTION II: STATUS OF FUNDS
Match Request #:
Match Amount Requested Today:
1. Total Match Amount Per Agreement
2. Total Amount of Previous Match Submitted
3. Total Match Amount Awarded Per Agreement Less Total
Amount of Previous Match Submitted
4. Amount of Today's Request
5. Match Balance (Match per Agreement Less the Sum of All
Match submitted)
I certify that this request for payment/match has been made in accordance with the terms and conditions
of the Agreement between the COUNTY and us as the SUBRECIPIENT/DEVELOPER. To the best of my
knowledge and belief, all grant requirements have been followed.
Signature . Date
Title
Authorizing Grant Authorizing Grant Accountant
Supervisor Department Director
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EXHIBIT "C"
HMIS (ESG) Quarterly Report
Report Criteria for ALL users:
1. Number of current licensed users:
2. Number of new users this quarter:
3. Number of Training Sessions Provided:
4. Number of Technical Assistance Calls:
5. Number of current Agencies:
6. Number of Agencies set up this quarter:
7. Number of new projects set up by Administrator by type:
Shelter Operations Emergency Shelter
Rapid Re -housing
Coordinated Assessment
Transitional Housing
Other (describe)
Other (describe)
Outreach
Homelessness Prevention
Permanent Housing
Collier County Hunger and Homeless Coalition, Inc.
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EXHIBIT "D"
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine i
subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County
requires that all appropriate documentation is provided regarding your organization's compliance. In
determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards
based on when the activity related to the Federal award occurs, including any Federal award provided by
Collier County. The determination of amounts of Federal awards expended shall be in accordance with the
guidelines established by established by 2 CFR Part 200, Subpart F — Audit Requirements. This form may be
used to monitor Florida Single Audit Act (Statute 215.97) requirements.
Subrecipient
Name
First Date of Fiscal Year MM/DD/YY
Last Date of Fiscal Year MM/DD/YY
Total Federal Financial Assistance Expended
during most recently corn leted Fiscal Year
Total State Financial Assistance Expended during
most recently completed Fiscal Year
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has
F-1
been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed
or will be completed by .Copies of the audit report and management letter
are attached or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
� ❑ Are afor-profit organization
❑ Are exempt for other reasons —explain
An audited financial statement is attached and if applicable, the independent auditor's
manaaement letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit report. While we
understand that the audit report contains a written response to the finding(s), we are
requesting an updated status of the corrective action(s) being taken. Please do not provide
just a copy of the written response from your audit report, unless it includes details of the
actions, procedures, policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature ®ate
Print Name and Title
06/18
Collier County Hunger and Homeless Coalition, Inc.
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EXHIBIT "E"
HMIS COMPONENT
The SUBRECIPIENT must adhere to 24 CFR 576.107 for the following eligible costs and general
restrictions as applicable:
24 CFR 576.107: HMIS component. The SUBRECIPIENT may use ESG funds as follows:
(a) Eligible costs.
(1) The recipient or subrecipient may use ESG funds to pay the costs of contributing data to the
HMIS designated by the Continuum of Care for the area, including the costs of:
(i) Purchasing or leasing computer hardware;
(ii) Purchasing software or software licenses;
(iii) Purchasing or leasing equipment, including telephones, fax machines, and furniture;
(iv) Obtaining technical support;
(v) Leasing office space;
(vi) Paying charges for electricity, gas, water, phone service, and high-speed data
transmission necessary to operate or contribute data to the HMIS;
(vii) Paying salaries for operating HMIS, including:
(A) Completing data entry;
(B) Monitoring and reviewing data quality;
(C) Completing data analysis;
(D) Reporting to the HMIS Lead;
(F) Training staff on using the HMIS or comparable database; and
(G) Implementing and complying with HMIS requirements;
(viii) Paying costs of staff to travel to and attend HUD -sponsored and HUD -approved
training on HMIS and programs authorized by Title IV of the McKinney-Vento
Homeless Assistance Act;
(ix) Paying staff travel costs to conduct intake; and
Collier County Hunger and Homeless Coalition, Inc.
ES 19-03
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(x) Paying participation fees charged by the HMIS Lead, if the recipient or subrecipient is
not the HMIS Lead. The HMIS Lead is the entity designated by the Continuum of
Care to operate the area's HMIS.
(2) If the recipient is the HMIS lead agency, as designated by the Continuum of Care in the
most recent fiscal year Continuum of Care Homeless Assistance Grants Competition, it
may also use ESG funds to pay the costs of:
(i) Hosting and maintaining HMIS software or data;
(ii) Backing up, recovering, or repairing HMIS software or data;
(iii) Upgrading, customizing, and enhancing the HMIS;
(iv) Integrating and warehousing data, including development of a data warehouse for use
in aggregating data from subrecipients using multiple software systems;
(v) Administering the system;
(vi) Reporting to providers, the Continuum of Care, and HUD; and
(vii) Conducting training on using the system or a comparable database, including
traveling to the training.
(3) If the subrecipient is a victim services provider or a legal services provider, it may use ESG
funds to establish and operate 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.
(b) General restrictions. Activities funded under this section must comply with HUD's standards on
participation, data collection, and reporting under a local HMIS.
Collier County Hunger and Homeless Coalition, Inc.
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0
EXHIBIT "F"
PERMANENT HOUSING
The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for
Permanent Housing, as applicable:
24 CFR 576.403(c): 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 3 5; 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 artificial
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.
Collier County Hunger and Homeless Coalition, Inc.
ES 19-03
Project Name Page 3 6
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 with 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 with other targeted homeless services. The SUBRECIPIENT and COUNTY must
coordinate and integrate, to the maximum extent practicable, ESG-funded activities. with other
programs targeted to homeless people in the area 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 Came 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 (42 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 (42 U.S.C. 11331 et seq.));
(12) Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic Violence,
Dating Violence, and Stalking Program (section 40299 of the Violent Crime Control and
Law Enforcement Act (42 U.S.C. 13975));
(13) Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless Veterans
Comprehensive Assistance Act (38 U.S.C. 2021);
(14) Domiciliary Care for Homeless Veterans Program (38 U.S.C. 2043);
(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).
Collier County Hunger and Homeless Coalition, Inc.
ES 19-03
Project Name Page 37
(c) System ani' pro gram 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 inay be eligible.
Examples of these programs include:
(1) Public housing programs assisted under section. 9 of the U.S. Housing Act of 1937 (42
U.S.C. 1437g) (24 CF.R 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 1,937 (42 U.S,C. 1437f) (respectively 24 CFR parts 982 and 983);
(3) Supportive Housing for Pcrsons with Disabilities (Section 8 1. 1.) (24 CFR part 891),
(4) HOME Investment Partnerships Program (24 CFR part 92);
(5) Temporary Assistance for Needy Families (TANF) (45 CFR parts 260-265);
(6) Health Center Program (42 CFR part 51 c);
(7) State Children's Health Insurance Program (42 CFR part 457):
(8) Head Start (45 CFR chapter X111, subchapter 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.
(d) Cent7-0.17*zed or cow-dinated 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 I -IUD, each ESG-funded program or project within the Continuum of Care's area must
use that assessment system. The COUNTY and SUBRECIPIENT must work with the Continuum of
Care to ensure the screening, assessment and referral of program participants are consistent with the
written standards required by paragraph (e) of this section. A victim service provider may choose not
to use the Continuum of Care's centralized or coordinated assessment system.
(e) TVritten stondards,for providing E. SG assistance, The SUBRECIPIENT must have written standards
for providing ESG assistance and must consistently apply those standards for all program participants.
At a minimum these written standards must include:
(1) Standard policies and procedures for evaluating individuals' and families' eligibility for
assistance under ESG;
(2) Standards for targeting and providing essential services related to street outreach;
(3) Policies and procedures for admission, diversion, ref-eiTal, and discharge by emergency
-ds regarding length of stay., if
shelters assisted under ESG, including standards any, and
safeguards to meet the safety and shelter needs of special populations, e.g., victims of
domestic. violence, dating violence, sexual assault, and stalking; and individuals and
families who have the highest barriers to housing and are likely to be homeless the longest-,
(4) Policies and procedures for assessing, prioritizing, and reassessing individuals' and
families'needs for essential services related to emergency shelter:
(5) Policies and procedures for coordination among emergency shelter providers, essential
services providers, homelessness prevention, and rapid re -housing assistance providers;
other homeless assistance providers; and MaiDstream service and housing providers (see
§576.400(b) and (c) for a list of programs with which ESC -ftinded activities must be
coordinated and integrated to the maximum extent practicable);
Collier County Hunger and Homeless Coalition, Inc,
ES19-03
Project Name Page 38
0
(6) Policies and procedures for determining and prioritizing which eligible families and
individuals will receive homelessness prevention assistance and which eligible families
and individuals will receive rapid re -housing assistance;
(7) Standards for determining what percentage or amount of rent and utilities costs each
program participant must pay while receiving homelessness prevention or rapid re -housing
assistance;
(8) Standards for determining how long a particular program participant will be provided with
rental assistance and whether and how the amount of that assistance will be adjusted over
time; and
(9) 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.
(f) 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.
Collier County Hunger and Homeless Coalition, Inc.
ES 19-03
Project Name Page 39 OOVO
FAIN #
E -19 -UC -12-0016
Federal Award Date
EST 10/2019
Federal Award Agency
HUD
CFDA Name
Emergency Solutions
Grant
CFDA/CSFA#
14.231
Total Amount of
Federal Funds
Awarded
$31,040.00
Subrecipient Name
NAMI COLLIER
COUNTY, INC.
DUNS#
82523 0993
FEIN
65-0047747
R&D
No
Indirect Cost Rate
No
Period of Performance
January 1, 2020 —
December 31, 2020
Fiscal Year End
6/30
Monitor End:
9/21
AGREEMENT BETWEEN COLLIER COUNTY
AND
NAMI Collier County, Inc
Rapid Rehousing Assistance Project
THIS AGREEMENT is made and entered into this day of . ,
2019, 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 NAMI
COLLIER COUNTY, INC, a private not-for-profit corporation existing under the laws of the State of
Florida, ("SUBRECIPIENT") having its principal office at 6216 Trail Blvd., Building C, Naples, FL
34108.
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
NAMI COLLIER COUNTY, INC.
ES 19-02
Project Name: Rapid Re -Housing Page 1
a°
U
WHEREAS, the Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan - One -Year Action Plans for Federal Fiscal Year 2019-2020 for the ESG Program at the
Xxxx XX, 20XX, Agenda Item XXXXX Board of County Commissioners meeting.
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
PART 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 Community and Human Services
Division (CHS), perform the tasks necessary to conduct the program as follows:
PROJECT DETAILS
Emergency Solutions Grant ESG Program, Rapid Re -Housing Project:
Project Component One: Short to medium term Rapid Rehousing Rental Assistance for
literally homeless households with priority given to those persons or families with a serious
mental illness including, but not limited to, rent, security deposits, application fees, utility
deposits or payments, last month's rent, housing search and placement activities.
1. Project Tasks:
a. Pay short to medium term rent for a minimum of 3 (three) literally
homeless households with priority given to those persons or families
with a serious mental illnesses.
b. Facilitate referrals from participants who chose to participate, for some
type of mental health case management services (David Lawrence Center,
FACT, Self -Directed Care, Peer Support Specialist Program) to augment
support provided by the NAMI ESG Housing Specialist.
c. Maintain documentation on all households served in compliance with 24 CFR
576.500
d. Provide quarterly reports on meeting an ESG Eligible Activity
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).
NAMI COLLIER COUNTY, INC.
ES 19-02
Project Name: Rapid Re -Housing Page 2 0
U
1.1 GRANT AICD SPECIAL COI\\Mff 7it HOPITS
A. Within sixty (60) calendar days of the, execution of this agreement, the SUBRECIPIENT
must deliver to CHS all Grant and Special Conditions policies, as outlined. ill Section 1. 1
B... below.
B. The following resolutions and policies must be submitted within sixty (60) days of this
agreement.
® Affirmative Fair Housing Policy
Affirmative Action/ Equal Oppoituni-ty Policy
El Affirmative Action Plan
0 Conflict of Interest Policy
Procurement Policy
F-1 Uniform Relocation Act Policy
IX -1 Sexual Harassment Policy
Procedure for meeting the requirements set fbith in Section 3 of the Housing and
Urban Development Act of 1968, as amended (12U.S.C. 794 1 u)
Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
Fraud Policy
0 Violence Against Women Act (VAwA) Policy
LGBTQ Policy
C. Environi-nentai Review Requirement (ERR.) - No program costs can be incurred until an
environmental review of the proposed project is completed and approved. Further, the
SUBRECIPIENT will not undertake any activity or commit any funds prior to the CHS
Notice to Proceed (NTP) letter. Violation of this provision will result in the denial of any
reimbursement of funds under this Agreement.
1.2 PROJE CT DETAILS
A. Project Description/Budget
The budget. identified for the RzpR1k,1 Rehhousin g shall be as follows:
Project Description
Federal Amount Provided
ESG Match 1:1
to SUBRECIPIENIT
Project Component 1: Short to medium term Rapid
$31,040.00
$31,040.00
Rehousing Rental Assistance for literally homeless
households -viith priority given to those persons or
families with a serious mental illness including, but
not limited to, rent, security deposits, application
fees, utility deposits or payments, last month's rent,
housing search and placement activities.
ESG Match Requirement: Match is required for a
Documentation of ESG
minimum of dollar for dollar with each submitted pay
Eligible Matching Funds
request.
Total Federal Funds: _1040.00 311.040.00
NAMI COLLIER COUNTY, INC,
ES 19-02
Project Name: Rapid Re -Housing Page 3
The SUBRECIPIENT will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
Maintain and provide to the COUNTY, as requested, beneficiary income certification
documentation, which supports the presumed benefit of homeless participants
Provide Quarterly Reports and project progress
� Required attendance by a representative from executive management at quarterly
partnership meetings, as requested by CHS.
F-1 Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation.
F-1 Identify Lead Project Manager
F-1 Provide Site Design and Specifications
❑ Comply with Davis Bacon Labor Standards
F-1 Provide certified payroll weekly throughout construction and rehabilitation
F-1 Comply with Uniform Relocation Act (URA), if necessary
F-1 Ensure applicable numbers of units are Section 504/ADA accessible
F-1 Ensure the applicable affordability period for the project is met
B. Program Components/Eligible Activities
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 abuse treatment, transportation and services for special populations).
• Homelessness Prevention and Rapid Re -Hou sin : 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.
• IIMIS: 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).
C. Performance Deliverables
Program Deliverable
Deliverable Supporting
Submission Schedule
Documentation
Special Grant Condition
Policies as stated in this
Within sixty (60) days of agreement
Policies Section 1.1)
a Bement
execution
NAMI COLLIER COUNTY, INC.
ES 19-02
Project Name: Rapid Re -Housing Page 4 ��
Insurance
Insurance Certificate
Within 30 days of agreement
Project Component 1: Short
Exhibit B along with proof of payment as
execution and annually within thirty
to medium term Rapid
evidenced by vendor invoice, canceled
(30)days of renewal
Detailed project Schedule
Project Schedule
N/A
Project Plans and
Site Plans and Specifications
N/A
S ecifications
landlord agreement (initial payment only)
Subcontractor Log
Subcontractor Lo
N/A
Submission of Progress
Exhibit C
Quarterly; within 10 days after the
Report
end of the quarter. Final report due
rent, security deposits,
60 days after agreement ends.
Section 3 Report
Quarterly reports on new hire
Within 10 days after the end of the
deposits or payments, last
information
quarter, until project is complete.
month's rent, housing search
(QuarterlyReport)
Davis -Bacon Act Certified
Weekly Certified Payroll
N/A
Payroll
reports, forms, and supporting
Monthly match: a
documentation
minimum of dollar for
Financial and Compliance
Audit, Management Letter and
Nine (9) months for Single Audit
Audit
Exhibit D
OR one hundred and eighty (180)
days after FY end.
Program Income Reuse Plan
Plan Approved by COUNTY
N/A
D. Payment Deliverables
Payment Deliverable
Payment Supporting Documentation
Submission Schedule
Project Component 1: Short
Exhibit B along with proof of payment as
Monthly by 10th of
to medium term Rapid
evidenced by vendor invoice, canceled
month following the
Rehousing Rental Assistance
checks, bank statements, utility bills, proof
month of service.
for literally homeless
of homelessness, lease agreement,
households withriori given
p �
landlord agreement (initial payment only)
to those persons or families
and any � other documents requested
with a serious mental illness
including, but not limited to,
rent, security deposits,
application fees, utility
deposits or payments, last
month's rent, housing search
and placement activities.
ESG Match:
Exhibit B 1 with supporting Match
Monthly match: a
documentation
minimum of dollar for
dollar with each
submitted pay request.
1.3 PERIOD OF PERFORMANCE
Services of the SUBRECIPIENT shall start on January 1, 2020 and shall end on December
31, 2020. 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.
NAMI COLLIER COUNTY, INC.
ES 19-02
Project Name: Rapid Re -Housing Page 5
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available THIRTY-ONE THOUSAND FORTY DOLLARS
AND ZERO CENTS ($31,040.00) for use by the SUBRECIPIENT, during the Term of the
Agreement (hereinafter, shall be referred to as the "Funds").
Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund
shifts between project components shall not be more than 10 percent and does not signify a change
in scope. Fund shifts that exceed 10 percent of a project component shall only be made with Board
approval.
All services/activities specified in Part 1. 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 13.3. of this Agreement. Contract administration shall be handled by the
SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents
related to the project.
The COUNTY shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of ESG funds until funds are needed for eligible
costs, and all 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 may be required
if two consecutive months of $0 invoices are submitted. Payments shall be made to the
SUBRECIPIENT when requested as work progresses but, not more frequently than once per
month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of
service required by this agreement.
Final invoices are due no later than 90 days after the end of the agreement. Work performed during
the term of the program but not invoiced within 90 days after the end of the agreement may not be
processed without written authorization from the Grant Coordinator.
The County Manager or designee may extend the term of this Agreement for a period of up to 180
days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to
the SUBRECIPIENT.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requirements. Payment will be made upon receipt of a
properly completed invoice and in compliance with Ch. 218, Part VII, Florida Statutes, otherwise
known as the "Local Government Prompt Payment Act."
1.5 COST PRINCIPLES
Payments to the SUBRECIPIENT are governed by the Federal grants management rules for cost
allowability found at 2 CFR 200 Subpart E -Cost Principles. For the purposes of this section
NAMI COLLIER COUNTY, INC.
ES 19-02
Project Name: Rapid Re -Housing Page 6
(Section 1.5 -Cost Principles) of this agreement, Subrecipient is defined as a described in 2 CFR
200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under this
Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed
specifically to the projects referenced above as defined in 2 CFR 200.413. The SUBRECIPIENT
must provide adequate documentation for validating costs incurred. Payments to
SUBRECIPIENT's contractors and vendors are conditioned upon compliance with the procurement
requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by the
SUBRECIPIENTS and Contractors shall be in compliance with 2 CFR Subpart E -Cost Principles.
A Developer is not subject to 2 CFR Subpart E, however the COUNTY is Subject to 2 CFR Subpart
E and may impose requirements upon the Developer in order for the COUNTY to remain compliant
with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls,
and maintain necessary source documentation for all costs incurred and adhere to any other
accounting requirements included in this agreement.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, and personal delivery, sent by facsimile or other electronic means. Any notice
delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and
other written communications under this Agreement shall be addressed to the individuals in the
capacities indicated below, unless otherwise modified by subsequent written notice.
COLLIER COUNTY ATTENTION: Carolyn Noble, Grant Coordinator
3 3 3 9 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: Carolyn.Noble@colliercountyfl.gov
Telephone: (239) 252-5393
SUBRECIPIENT ATTENTION: Pamela Baker, Chief Executive Officer
6216 Trail Boulevard, Building C
Naples, FL 34108
Email: pbaker@namicollier.org
Telephone: (239)260-7303
NAMI COLLIER COUNTY, INC.
ES 19-02
Project Name: Rapid Re -Housing Page 7
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.
Any deficiencies noted in audit reports must be fully cleared by the 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.
The determination of amounts of Federal awards expended shall be in accordance with guidelines
established by 2 CFR Part 200, Subpart F -Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 576.500 to
determine compliance with the requirements of this agreement, the ESG Program and all other
applicable laws and regulations. This documentation shall include, but not be limited to, the
following:
A. All records required by ESG regulations.
B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily
would be required by COUNTY in order to perform the service.
C. All reports, plans, surveys, information, documents, maps, books, records and other data
procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the
purpose of this Agreement shall be made available to the COUNTY, by the
SUBRECIPIENT, at any time, upon request by the COUNTY or CHS. Materials identified
in the previous sentence shall be in accordance with generally accepted accounting
principles (GAAP), procedures, and practices, which sufficiently and properly reflect all
revenues and expenditures of funds provided directly or indirectly by this Agreement,
including matching funds and Program Income. These records shall be maintained to the
extent of such detail as will properly reflect all net costs, direct and indirect labor, materials,
equipment, supplies and services, and other costs and expenses of whatever nature for
which reimbursement is claimed under the provisions of this Agreement.
D. Upon completion of all work contemplated under this Agreement, copies of all documents
and records relating to this Agreement shall be surrendered to CHS, if requested. In any
event, the SUBRECIPIENT shall keep all documents and records in an orderly fashion in
a readily accessible, permanent, and secured location for five (5) years after the date of
NAMI COLLIER COUNTY, INC.
ES 19-02
Project Name: Rapid Re -Housing Page 8
submission of the annual performance and evaluation report, as prescribed in 2 CFR
200.333, with the following exception: if any litigation, claim or audit is started before the
expiration date of the five (5) year period, the records will be maintained until all litigation,
claim or audit findings involving these records are resolved. The COUNTY shall be
informed, in writing, if an agency ceases to exist after closeout of this Agreement of the
address where the records are to be kept, as outlined in 2 CFR 200.336. The
SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at
no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon
termination of the contract and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible with the
information technology systems of the COUNTY.
IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT 239-252-68329
Michael. Coxgcolliercountyfl.gov, 3299 Tamiami Trail E, Naples FL
34112.
E. 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. SUBRECIPIENT will be responsible for the creation and maintenance of income eligible
files on clients served and documentation that all households are eligible under HUD
Income Guidelines. The SUBRECIPIENT agrees that CHS shall be the final arbiter on the
SUBRECIPIENT's compliance.
G. SUBRECIPIENT shall document how the Program Component(s), as defined in 24 CFR
576.100 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 576.100, 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 119, Florida Statutes or as otherwise provided by
law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and
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exempt from public records disclosure requirements are not disclosed except as authorized
by 2 CFR 200.336 and 2 CFR 200.337.
2.3 MONITORING
During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit D) to
the COUNTY no later than nine (9) months after the Single Audit (or one hundred eighty (180)
days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT's fiscal year end.
The COUNTY will conduct an annual financial and programmatic review.
SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desk top
review of the activities may be conducted in lieu of an on-site visit. The continuation of this
Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the
request of CHS, submit information and status reports required by CHS or HUD to enable CHS to
evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall
allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or
unscheduled, as determined by CHS or HUD.
COUNTY will monitor the performance of the SUBRECIPIENT to mitigate fraud, waste, abuse,
or non-performance based on goals and performance standards, as stated, with all other applicable
laws, regulations, and policies governing the funds provided under this Agreement further defined
by 2 CFR 200.331. Substandard performance, as determined by the COUNTY, will constitute
noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT
within a reasonable period of time after being notified by the COUNTY, contract suspension or
termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office
of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal
auditor(s) access to all records related to performance of activities in this agreement.
2.4 PREVENTION OF FRAUD AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient
to prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this
Agreement and to provide for the proper and effective management of all Program and fiscal
activities by the Agreement. SUBRECIPIENT's internal control systems and all transactions and
other significant events are to be clearly documented and the documentation shall be readily
available for monitoring by COUNTY.
SUBRECIPIENT shall give COUNTY complete access to all of its records, employees and agents
for the purpose of monitoring or investigating the performance of the Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate and prevent
waste, fraud and abuse.
SUBRECIPIENT may not discriminate against any employee or other person who reports
a violation of the terms of this Agreement or of any law or regulation to COUNTY or to
any appropriate law enforcement authority, if the report is made in good faith.
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2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this contract. Penalties may be imposed for failures to implement or to make
acceptable progress on such corrective action plans.
In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation
policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant
funds from CHS. CHS's policy for escalation for non-compliance is as follows:
1. Initial non-compliance may result in Findings or Concerns being issued to the
SUBRECIPIENT and will require a corrective action plan be submitted to the Division
within 15 days following issuance of the report.
• Any pay requests that have been submitted to the Division for payment will be
held until the corrective action plan has been submitted.
CHS will be available to provide Technical Assistance (TA) to the entity, as
needed, in order to correct the non-compliance issue.
2. If in the case an Entity fails to submit the corrective action plan in a timely manner to
the Division, the Division may require a portion of the awarded grant amount be
returned to the Division.
• The COUNTY may require upwards of five percent (5%) of the award amount be
returned to the Division, at the discretion of the Board of County Commissioners.
• The SUBRECIPIENT may be denied future consideration as set forth in
Resolution No. 2013-228
3. If in the case an SUBRECIPIENT continues to fail to correct the outstanding issue or
repeats an issue that was previously corrected and has been informed by the Division
of their substantial non-compliance by certified mail; the Division may require a
portion of the awarded grant amount or the amount of the ESG investment for
acquisition of the properties conveyed, be returned to the Division.
• The Division may require upwards of ten percent (10%) of the award amount be
returned to the Division, at the discretion of the Board of County Commissioners.
• The SUBRECIPIENT will be in violation of Resolution No. 2013-228
4. If in the case after repeated notification the SUBRECIPIENT continues to be
substantially non- compliant, the Division may recommend the contract or award be
terminated.
• The Division will make a recommendation to the Board of County Commissioners
to immediately terminate the agreement or contract. The SUBRECIPIENT will be
required to repay all funds disbursed by the COUNTY for project that was
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_y
terminated. This includes the amount invested by the COUNTY for the initial
acquisition of the properties or other activities.
• The SUBRECIPIENT will be in violation of Resolution No. 2013-228
If in the case the SUBRECIPIENT has multiple agreements with the Division and is found to be
non- compliant, the above sanctions may be imposed across all awards at the BCC's discretion.
2.6 REPORTS
Reimbursement may be contingent on the timely receipt of complete and accurate reports required
by this Agreement, and on the resolution of monitoring findings identified pursuant to this
Agreement, as deemed necessary by the County Manager or designee.
During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the
10th day of January, April, July, and October, respectively, for the prior quarter period end. As part
of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive
final report covering the agreed-upon Program objectives, activities, and expenditures and
including but not limited to, performance data on client feedback with respect to the goals and
objectives set forth in Exhibit "C". Exhibit "C" contains a sample reporting form to be used in
fulfillment of this requirement. Other reporting requirements may be required by the County
Manager or designee, in the event of Program changes; the need for additional information or
documentation arises; and/or legislative amendments are enacted. Reports and/or requested
documentation not received by the due date shall be considered delinquent and may be cause for
default and termination of this Agreement. .
2.7 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 or her sole discretion and judgment, that
the Funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees
that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County
Commissioners and/or County Administration, personally liable for the performance of this
Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT
under the terms of this Agreement.
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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 576, the U.S. Housing and Urban Development regulations concerning the
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 Agreement. The
SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement
rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating
or establishing the relationship of 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.
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 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.
The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State, or
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 COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from ESG grant funds, provided by 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 or her sole discretion and judgment, that
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the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees
that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County
Commissioners and/or County Administration, personally liable for the performance of this
agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under
the terms of this Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless Collier County, its officers, agents and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act, omission, including, but
not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its
agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or
any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the
performance of this Agreement. This indemnification obligation shall not be construed to negate,
abridge or reduce any other rights or remedies which otherwise may be available to an indemnified
party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses
of any nature whatsoever in connection therewith and shall defend all suits in the name of the
COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue
thereon. This Indemnification shall survive the termination and/or expiration of this Agreement.
This section does not pertain to any incident arising from the sole negligence of Collier County.
The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the
limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration or
termination of this Agreement.
3.7 COUNTY RECOGNITION/SP ONS ORSHIP S
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorships of the Program, research reports, and similar
public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on
behalf of, and/or about the Program shall include the statement:
"FINANCED IN PART BY THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER
COUNTY COMMUNITY AND HUMAN SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team, as well as
Equal Housing Opportunity, to the general public. Construction signs shall comply with applicable
county codes.
3.8 DEFAULTS, REMEDIES AND TERMINATION
In accordance with 2 CFR 200.339, this Agreement may also be terminated for convenience by
either the COUNTY or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for
such termination, the effective date, and, in the case of partial terminations, the portion to be
terminated. However, if in the case of a partial termination, the COUNTY determined that the
remaining portion of the award will not accomplish the purpose for which the award was made, the
COUNTEE 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 manner its
obligations under this Agreement;
C. Ineffective or improper use of funds provided under this Agreement;
D. Submission by the SUBRECIPIENT to the COUNTY 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;
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 ESG funds that
SUBRECIPIENT has received under this Agreement;
D. Apply sanctions, if determined by the COUNTY to be applicable;
E. Stop all payments, until identified deficiencies are corrected;
F. Terminate this Agreement by giving written notice to SUBRECIPIENT 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 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 its 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
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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), to 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 there with grant funds, the costs
would have been allowable. Non-cash contributions may include:
a. The purchase value of any donated material or building. SUBRECIPIENT 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.
3.10 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. Regulations regarding real property and equipment
are subject to 2 CFR 200.311.
3.11 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this agreement until
all insurance required, as outlined in Exhibit "A" and 2 CFR 200.310 has been obtained, and said
insurance shall be carried, at all times during SUBRECIPIENTS's performance under the
agreement.
3.12 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, Cost Principles and
Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the
Emergency Solutions Grant. (24CFR576 et seq.)
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3.13 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards at (2 CFR 200.318 through
.326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing
thresholds are:
-Range: Competition Required
_$0-$35000 Single Quote with documentation
$3,000 - $505000 3 Written Quotes
$505000+ Formal Solicitation (ITB, RFP, etc)
All improvements specified in Part I. Scope of Work shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding, under a procedure acceptable to the
COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts for
improvements with the lowest, responsible, and qualified bidder. Contract administration shall be
handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records
and documents related to the project.
3.14 PROGRAM -GENERATED INCOME
No Program Income is anticipated. In the event there is Program Income derived from the use of
ESG funds disbursed under this Agreement, such Program Income shall be retained by the
SUBRECIPIENT for use in the Emergency Solutions Grant Program. Any "Program Income" (as
such term is defined under applicable Federal regulations) 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, utilized by the SUBRECIPIENT accordingly, and shall be in
compliance with 2 CFR 200.307 and 24 CFR 576.201 in the operation of the Program. When
program income is generated by an activity that is only partially funded with ESG funds, the
income shall be prorated to reflect the percentage of ESG funds used. In the event there is a
program income balance at the end of the Program Year, such balance shall revert to the
COUNTY's Emergency Solutions Grant Program, for further reallocation.
3.15 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 are not limited to: making final
payments, disposing of program assets (including the return of all unused materials, equipment,
program income balances, and receivable accounts to the COUNTY), and determining the
custodianship of records. In addition to the records retention outlined in Part 2.2, the
SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records
maintenance, preservation, and retention. A conflict between State and Federal 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. Closeout procedures must take place in accordance with
2 CFR 200.343 and ensure all federal grant requirements have been completed.
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CAO
3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subj ected
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, 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 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 (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 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.
3.17 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 Agreement. 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.
3.18 PROGRAM BENEFICIARIES
One Hundred percent (100%) of the beneficiaries of a project funded through this Agreement must
be at risk of homelessness, as defined by 24 CFR 576.2
3.19 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 11246 of September 24, 1966. The COUNTY shall provide
Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program.
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The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to
the award of funds.
3.20 CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ, who presently exercises any
functions or responsibilities in connection with the Project, has any personal financial interest,
direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner
or degree with the performance of this agreement and that no person having any conflict of interest
shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants
that it will comply with all provisions of 24 CFR 576.404, 2 CFR 200.318, and the State and County
statutes, regulations, ordinance, or resolutions governing conflicts of interest.
The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person or an entity
owned or controlled, in whole or in part, by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified and 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, its employees, or its
contractors shall be disclosed, in writing, to CHS provided, however, that this paragraph shall be
interpreted in such "a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low and moderate
income residents of the project target area.
3.21 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).
3.22 PERMANENT HOUSING
Assistance for program participants to remain or move into housing must meet the minimum
habitability standards (Exhibit F) provided in 24 CFR 576.403(c) and all applicable State and Local
housing codes, licensing requirements, and any other requirements in the jurisdiction in which the
housing is located regarding the condition of the structure and the operation of the housing.
3.23 COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS
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 targeted toward homeless people and mainstream service and assistance programs
(Exhibit G).
3.24 HOMELESS PARTICIPATION
The SUBRECIPIENT must document its compliance with the homeless participation requirements
under 24 CFR 576.405(c).
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te)
3.25 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 576.500(g).
3.26 CONDITIONS FOR RELIGIOUS ORGANIZATIONS
ESG funds may be used by religious organizations or on property owned by religious organizations
only in accordance with requirements set in Section 24 CFR 576.406. The SUBRECIPIENT shall
comply with First Amendment Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment 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 it does not use direct ESG funds to support any inherently
religious activities, such as worship, religious instruction, or proselytizing.
D. The funds shall not be used for the acquisition, construction, or rehabilitation of structures
to the extent that those structures are used for inherently religious activities. Where a
structure is used for both eligible and inherently religious activities, ESG funds may not
exceed the cost of those portions of the acquisition, construction, or rehabilitation that are
attributable to eligible activities in accordance with the cost accounting requirements
applicable to ESG funds in this part. Sanctuaries, chapels, or other rooms that a ESG funded
religious congregation uses as its principal place of worship, however, are ineligible for
ESG funded improvements.
3.27 INCIDENT REPORTING
If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any
subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of
a child, aged person, or disabled adult to the COUNTY.
3.28 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.
NAMI COLLIER COUNTY, INC.
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PART IV
GENERAL PROVISIONS
1. 24 CFR Part 576 Emergency Solutions Grants Program, as amended. — All the regulations
regarding the ESG Program.
2. Environmental Protection Agency (EPA) regulations pursuant to 24 CFR Part 5 8, as amended.
https://www.ecfr.gov/cgi-bin/text-idx?tpl=/eefrbrowse/Title24/24cfr5 8—main-
3.
_main_3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974
as amended. https://www.hudexchange.info/resource/2184/housing-and-community-
development-hcd-act-of-1974/
https://www.gpo.gov/fdsys/pkg/PLAW-1 04publ120/html/PLAW-'1 04publl 20.htm
4. Title VI of the Civil Rights Act of 1964 as amended, along with Executive Order 13166
https://www.hhs.goy/civil-rights/for-individuals/special-topics/needy-families/civil-rights-
requirements/index.html https://www j ustic e. gov/crt/executive- order- 13 16 6
5. Title VIII of the Civil Rights Act of 1968 as amended
https://www.eeoc.gov/laws/statutes/titlevii.cfm
6. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
https://www.law.comell.edu/cfr/text/24/570.601
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.
https://www.eeoc.gov/eeoc/histoiy/35th/thelaw/eo-I 1246.html
8. Title VII 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. https://www.ecoc.aov/laws/statutes/titlevii.cfm
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 Agreement, 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.
https://www.hudexchange. info/resource/23 3 0/24-efr-part-13 5 -section -3 -regulations/
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10. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include
the following language in all subcontracts executed under this Agreement:
A. "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."
11. 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.
12. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
13. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107 and 12086.
https://www.hud.gov/program_offices/fair_housing_equal_opp/fair_ housing_and_related_law
14. Contract Work Hours and Safety Standards Act, 40 USC 327-332.
https://www.dol.gov/whd/regs/statutes/safeO l .pdf
15. Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR
Part 8. https://www.hud.gov/sites/documents/5784 N_01 NOTICE_ 5_ 15_14.PDF
16. Title II of the Americans with Disabilities Act (42 U.S.C. 12131 et seq.) and 28 CFR Part 35 as
applicable https://www.Iaw.cornell.edu/uscode/text/42/12131
17. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
https://www.fhwa.dot.gov/real—estate/uniform—act/index.cfi-n
18. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally
assisted projects. http://www.presidency.ucsb.edu/ws/index.php?pid=236'-7/.0
COLLIER COUNTY, INC.
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19. 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 Emergency
Solutions Grant Contracts. https://ogc.commerce.gov/page/executive-order-11625
20. 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. https://www.law.comell.edu/cfr/text/24/570.607
21. Public Law 100-430 -the Fair Housing Act (42 U.S.C. 3 60 1, et seq.) and implementing regulations
at 24 CFR Part 100. https://www.gpo. og v/fdsys/pkg/STATUTE-102/pdf/STATUTE-102-
Pgl619.pdf
22. 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. https://www.uscis.gov/tools/ lossary/immigrration-reform-
and-control-act-19 86-irca
23. 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. 2004-053 as amended, and County Administrative Procedure 5311.
http://sp 16/sites/HumanResources/Shared%20Documents/County-Practices-and-Procedures-
(CMA)/CMA%205 311%20Code%20oP/o20Ethics%20and%20Anti%20Fraud%20NEW.pdf
https://www.coIlierclerk.com/records-search/bmr-records-search
24. 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 SUBRECIPIENT's discretion.
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, 201 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.
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26. The SUBRECIPIENT agrees to comply with the following requirements:
Clean Air Act, 41 U.S.C. 7401, et seq.
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.
https://www.gpo.gov/fdsys/pkg/USCODE-20 I 0-title42/html/USCODE-20 I 0-title42-chap85.htm
https://www.gpo.gov/fdsys/pkg/USCODE-2011-title33/pdf/USCODE-2011-title3 3-chap26.pdf
27. 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 ensure 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.
https://www.fema.gov/media-library/assets/documents/7277
https://www.gpo.gov/fdsys/granule/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-605
28. 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 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.
http://uscode.house. gov/view.xhtml?path=/prelim(a�,title42/chgpter63 &edition=prelim
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.
https://www.nps.gov/histoL-v/local-law/nhpal966.htm
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, State or Local historic property list.
30. The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the
Drug -Free Workplace Act of 1988 (41 U.S.C. 701). https://www.gpo.gov/fdsys/granule/USCODE-
2009-title4 l /USCODE-2009-title4l-chap 10-sec701/content-detail.html
31. 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
NAMI COLLIER COUNTY, INC.
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Project Name: Rapid Re -Housing Page 24 CAO
Chapter 15 of Title V of the U.S.C. (Hatch Act). https://www.gpo. ov/fdsys/granule/USCODE-
2009-title4 l /USCODE-2009-title4 l -chap 10-sec701/content-detail.html
32. 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. https://www.law.come11.edu/cfr/text/24/part-570/subpart-K
33. 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.
34. 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 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.
35. Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101), set forth in
Appendix A to 2 CFR Part 170 https://www.gpo. ov/fdsys/pkg/PLAW-109publ282/pdf/PLAW-
109publ282.pdf
36. Any real property acquired by the SUBRECIPIENT for carrying out the projects stated herein and
approved by the COUNTY, in accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 and 49 CFR 24, shall be subject to the provisions of 24
CFR 576.408 including, but not limited to, the provisions on use and disposition of property. A
displaced person must be advised of his or her rights under the Fair Housing Act (42 U.S.C. 3601
et seq.). This policy does not require providing a person a larger payment than is necessary to enable
a person to relocate to a comparable replacement dwelling (See 49 CFR 24.505(c)(2)(ii)(D).
https://www.gpo.gov/fds-ys/granule/CFR-2009-title49-vol 1 /CFR-2009-title49-vol 1-part24
37. 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 leg state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search Strin =&UR
L=0200-0299/0287/Sections/0287.13 3 .html
38. 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.
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0
3 9. 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.
https://www.law.comell.edu/cfr/text/24/Tai-t-87
40. 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;
41. 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 13 52, 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. httl)s://www.gpo.gov/fdsys/granule/USCODE-2010-
title3 l /USCODE-2010-title3 l-subtitlell -chap 13-subchapIII-sec 13 52/content-detail.html
42. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem
rates in effect at the time of travel. https://www.gsa.gov/travel/pian-book/per-diem-rates
43. Any rule or regulation determined to be applicable by HUD.
44. Florida Statutes 119.021 Records Retention https:Hm.flsenate.gov/Statutes/119.021
45. Florida Statutes, 119.071, Contracts and Public Records
https://www.lawserver.com/law/state/florida/statutes/florida statutes 119-07
46. 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))
https•//www federalregister.gov/documents/2016/12/20/2016-30241/runaway-and-homeless-
voutll
47. 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
https://www el)a.gQv/enforcement/resource-conservation-and-recovery-act-rera-and-federal-
facilities https://www.law.cornell.edu/cfr/text/40/247.1
(Signature Page to Follow)
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Project Name: Rapid Re -Housing Page 26
ISI WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seats on the date first written above.
ATTEST:
CRYSTAL K. KINZEL, CLERK
Dated:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
Deputy Cleric WILLIAM L. MCDANIEL; JR., CHAIRMAN
(SEAL)
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney
Date:
Date:
NAMI COLLIER COUNTY, INC
By:
PAMELA BAKER, dftIEF .EXECUTIVE OFFICER
Date:
NAMI COLLIER COUNTY, INC.
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Proiect Name: Rapid Re -Housing Page 27,� .
MAY 29'19 Pm 1:48
EXHIBIT "A"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
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.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its
Subcontractors to provide original certificates indicating the following types of insurance coverage prior to
any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one
hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
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).
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0140
OPERATIONNANAGEMENT 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.
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 (As Their Interest May Appear).
11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full
replacement values of the structure(s) or the maximum amount of coverage available through the
National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee
with respect to this coverage A.T.I.M.A.
NAMI COLLIER COUNTY, INC.
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n�Ao
EXHIBIT "B"
COLLIER COUNTY COMMUNITY AND HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: NAMI COLLIER COUNTY, INC.
Subrecipient Address: 6216 Trail Boulevard, Building C, Naples, FL
Project Name: Emergency Solutions Grant — Rapid Re -Housing Assistance
Project No: ES 19-02, IDIS # Payment Request #
Total Payment Minus Retainage:
Period of Availability: 1/1/2020 through 12/31/2020
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
I .Grant Amount Awarded
$
2. Sum of Past Claims Submitted on this Account
$
3.Total Grant Amount Awarded Less Sum of Past Claims
Submitted on this Account
$
4.Amount of Today's Request
$
5.10% Retainage Amount Withheld
$
6.Current Grant Balance (Initial Grant Amount Award
request) (includes Retainage)
$
I certify that this request for payment has been made in accordance
with the terms- and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all
grant requirements have been followed.
Signature
Date
Title
Authorizing Grant Coordinator
Authorizing Grant Accountant
Supervisor
Division Director
(Approval Required $15,000 and
above)
NAMI COLLIER COUNTY, INC.
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Project Name: Rapid Re -Housing Page 30
MATCH FORM
COLLIER COUNTY
EXHIBIT B 1
REQUEST FOR MATCH
SECTION I: REQUEST FOR PAYMENT
Sub recipient Name:
Sub recipient Address:
Project Name:
Project No:
SECTION II: STATUS OF FUNDS
Match Request #:
Match Amount Requested Today:
1. Total Match Amount Per Agreement
2. Total Amount of Previous Match Submitted
3. Total Match Amount Awarded Per Agreement Less Total
Amount of Previous Match Submitted (1-2)
4. Amount of Today's Request
5. Match Balance (Match per Agreement Less the Sum of All
Match submitted (1-2-4)
1 certify that this request for payment/match has been made in accordance with the tern2s and conditions
of the Agreement between the COUNTY and us as the SUBRECIPIENT/DEVELOPER. To the best of nay
knowledge and belief, all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Authorizing Grant Accountant
Supervisor Department Director
NAMI COLLIER COUNTY, INC.
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EXHIBIT "C"
Emergency Solutions Grants (ESG) Program Client Information
Report Period:
Fiscal Year:
Contract Number:
Organization/s:
Program/s:
Contact Name:
Contact Number:
Non -
Hispanic
2019-2020
ES 19-02
NAMI COLLIER COUNTY, INC
RAPID RE -HOUSING
PAM BAKER
239-260-7300
Report Selection Criteria
Characteristics Report
Ethnicity
Race
Non -
Hispanic
Hispanic
White
B lack/African American
Asian
American Indian/Alaskan Native
Native Hawaiian/Other Pacific Islander
Other/Multi-Racial
2. Number of adults and children served:
a. Residential
Number of Adults
Number of Children
Number of Unknown Age
b. Non Residential
Number of Adults
Number of Children
Number of Unknown Age
3. Number of individuals/families served, by 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
NAMI COLLIER COUNTY, INC.
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Project Name: Rapid Re -Housing Page 32
Headed by single 17 and under Male
Headed by two parents 18 and over
Headed by two parents 17 and under
Number of Families with no children
TOTAL
4. Total project(s)/service(s) provided to clients in range:
a. emergency shelter facilities shelter h. employment
b. vouchers for shelters i. transitional
c. drop-in center
d. food pantry
e. mental health
f. alcohol/drug
g. child care
Female
J. outreach
k. soup kitchen/meal distribution
1. 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)
g. Severely Mentally Ill
h. Runaway /throwaway youth
i. Other disability (Physical and/or
Developmental)
(Chronically Homeless- HUD definition of a chronically homeless person is an unaccompanied homeless
individual with a disabling condition who has either: 1) been continuously homeless for a year a more, or
2) has had at least four episodes of homelessness in the past three years.)
6. Clients housed by shelter type:
Barracks Hotel/Motel
Group/Large House Other Apartment/Complex
Scattered Site Apartment Other Single Family Duplex
Single Family Detached House Other
Single Room Occupancy TOTAL
Mobile Home/Trailer
NAMI COLLIER COUNTY, INC.
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Project Name: Rapid Re -Housing Page 33 (490
EXHIBIT "D"
ANNUAL AUDIT MONITORING- REPORT
Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine
subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier Count
requires that all appropriate documentation is provided regarding your organizations compliance. In determinin
Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based o
when the activity related to the Federal award occurs, including any Federal award provided by Collier Count)
The determination of amounts of Federal awards expended shall be in accordance with the guideline
established by established by 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used t
monitor Florida Single Audit Act Statute 215.97 requirements.
Subrecipient
Name
First Date of Fiscal Year MM/DD/YY
Last Date of Fiscal Year MM/DD/YY
Total Federal Financial Assistance Expended
during most recently com leted Fiscal Year
Total State Financial Assistance Expended during
most recently completed Fiscal Year
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has
❑ been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed
or will be completed by .Copies of the audit report and management letter
are attached or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
� ❑ Are afor-profit organization
❑ Are exempt for other reasons —explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit report. While we
understand that the audit report contains a written response to the finding(s), we are
requesting an updated status of the Corrective action(s) being taken. Please do not provide
just a copy of the written response from your audit report, unless it includes details of, the
actions, procedures, policies, etc. implemented and when it was or will be implemented.
Certification Statement
hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
06/18
NAMI COLLIER COUNTY, INC.
ES 19-02
Project Name: Rapid Re -Housing Page 34 ,�
EXHIBIT "E"
RAPID RE -HOUSING
The SUBRECIPIENT must assist each program participant, as needed, to obtain:
Supportive Services
A. Appropriate supportive services, including assistance in obtaining permanent housing, medical health
treatment, mental health treatment, counseling, supervision, and other services essential for achieving
independent living; and
B. Other Federal, State, local, and private assistance available to assist the program participant in obtaining
housing stability, including:
(i.) Medicaid (42 CFR chapter IV, subchapter C):
(ii.) Supplemental Nutrition Assistance Program (7 CFR parts 271-283);
(iii.) Women, Infants and Children (WIC) (7 CFR part 246);
(iv.) Federal -State Unemployment Insurance Program (20 CFR parts 601-603, 606, 609,
614-617)625)640)650);
(v.) Social Security Disability Insurance (SSDI) (20 CFR part 404);
(vi.) Supplemental Security Income (SSI) (20 CFR part 416);
(vii.) Child and Adult Care Food Program (42 U.S.C. 1766(t) (7 CFR part 226));
(viii.) Other assistance available under the programs listed in 24 CFR 576.400(c).
Participation of Homeless/Formerly Homeless Individuals:
The SUBRECIPIENT should make efforts to provide for participation of homeless individuals or formerly
homeless individuals on its board of directors or equivalent policy-making entity that considers and makes
policies and decisions regarding any facility, services, or other assistance received through this Agreement.
Further, to the maximum extent practicable, the SUBRECIPIENT shall involve homeless individuals and
families, through employment or as volunteers, in maintaining and operating facilities, providing activities
for, and providing services to occupants of facilities assisted through this Agreement.
Confidentiality:
A. The SUBRECIPIENT must develop and implement written procedures to ensure:
(i) All records containing personally identifying information (as defined in HUD's standards for
participation, data collection, and reporting in a local HMIS) of any individual or family who
applies for and/or receives ESG-RRHP assistance will be kept secure and confidential;
(ii) The address or location of any domestic violence, dating violence, sexual assault, or stalking
shelter project assisted under the ESG-RRHP will not be made public, except with written
authorization of the person responsible for the operation of the shelter; and
(iii) The address or location of any housing of a program participant will not be made public, except
as provided under a preexisting privacy policy of the SUBRECIPIENT and consistent with
state and local laws regarding privacy and obligations of confidentiality.
B. The confidentiality procedures of the SUBRECIPIENT must be in writing and must be maintained in
accordance with this section.
NAMI COLLIER COUNTY, INC,
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Project Name: Rapid Re -Housing Page 3S,y
Evaluation of Program Participant's Eligibility and Needs:
A. Evaluations: The SUBRECIPIENT must conduct an initial evaluation to determine the eligibility of
each individual or family's eligibility for ESG-RRHP assistance and the amount and types of assistance
the individual or family needs to regain stability in permanent housing. These evaluations must be
conducted in accordance with the assessment requirements set forth under 24 CFR 576.400(d) and the
written standards established under 24 CFR 576.400(e).
B. Re-evaluations for rapid re -housing assistance. (1) The SUBRECIPIENT must re-evaluate the program
participant's eligibility and the types and amounts of assistance the program participant needs not less
than once annually for program participants receiving rapid re -housing assistance. At a minimum, each
re-evaluation of eligibility must establish that:
(i) The program participant does not have an annual income that exceeds thirty percent (3 0)
percent of median family income for the area, as determined by HUD; and
(ii) The program participant lacks sufficient resources and support networks necessary to retain
housing without ESG-RRHP assistance.
C. The SUBRECIPIENT must require each program participant receiving ESG-RRHP assistance to notify
it regarding changes in the program participant's income or other circumstances (e.g., changes in
household composition) that affect the program participant's need for assistance under ESG-RRHP.
When notified of a relevant change, the SUBRECIPIENT must re-evaluate the program participant's
eligibility and the amount and types of assistance the program participant needs.
Rental Assistance Agreement:
The SUBRECIPIENT may make rental assistance payments only to an owner with whom the
SUBRECIPIENT has entered into a rental assistance agreement. The rental assistance agreement must set
forth the terms under which rental assistance will be provided. The rental assistance agreement must provide
that, during the term of the Agreement, the owner must give the SUBRECIPIENT a copy of any notice to
the program participant to vacate the housing unit, or any complaint used under state or local law to
commence an eviction action against the program participant.
The SUBRECIPIENT must make timely payments to each owner in accordance with the rental assistance
agreement. The rental assistance agreement must contain the same payment due date, grace period, and
late payment penalty requirements as the program participant's lease. The SUBRECIPIENT is solely
responsible for paying late payment penalties that it incurs with non-ESG-RRHP funds.
Leases:
The SUBRECIPIENT agrees that each program participant receiving rental assistance must have a legally
binding, written lease for the rental unit, unless the assistance is solely for rental arrears. The lease must be
between the owner and the program participant. Where the assistance is solely for rental arrears, an oral
agreement may be accepted in place of a written lease, if the agreement gives the program participant an
enforceable leasehold interest under state law and the agreement and rent owed are sufficiently documented
by the owner's financial records, rent ledgers, or canceled checks. For program participants living in housing
with project -based rental assistance, the lease must have an initial term of one year.
NAMI COLLIER COUNTY, INC.
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Project Name: Rapid Re -Housing Page 36 ��
Case Management:
The SUBRECIPIENT must require each program participant to meet with a case manager not less than
once per month to assist the program participant in ensuring long-term housing stability; and Develop a
plan to assist the program participant to retain permanent housing after the ESG-RRHP assistance ends,
taking into account all relevant considerations, such as the program participant's current or expected income
and expenses; other public or private assistance for which the program participant will be eligible and likely
to receive; and the relative affordability of available housing in the area.
The SUBRECIPIENT is exempt from the requirement under paragraph (e)(1)(i) of this section if the
Violence Against Women Act of 1994 (42 U.S.C. 13701 et seq.) or the Family Violence Prevention and
Services Act (42 U.S.C. 10401 et seq.) prohibits that recipient or SUBRECIPIENT from making its shelter -
or housing conditional on the participant's acceptance of services
Tenant -Based Rental Assistance:
A. A program participant who receives tenant -based rental assistance may select a housing unit in which
to live and may move to another unit or building and continue to receive rental assistance, as long as
the program participant continues to meet the program requirements
B. The SUBRECIPIENT may require that all program participants live within a particular area for the
period in which the rental assistance is provided.
C. The rental assistance agreement with the owner must terminate and no further rental assistance
payments under that agreement may be made if:
(i) The program participant moves out of the housing unit for which the program participant has
a lease;
(ii) The lease terminates and is not renewed; or
(iii) The program participant becomes ineligible to receive ESG-RRHP rental assistance.
D. When the SUBRECIPIENT enters into a rental assistance agreement with a participant/tenant ("RAP"),
it will be obligated to provide rental assistance on behalf of that participant/tenant throughout the term
of the RAP unless Collier County terminates this Agreement or if any of the conditions occur that
warrant termination.
Affirmative Outreach:
The SUBRECIPIENT must make known that use of the facilities, assistance, and services are available to
all on a nondiscriminatory basis. If it is unlikely that the procedures that the recipient or SUBRECIPIENT
intends to use to make known the availability of the facilities, assistance, and services will to reach persons
of any particular race, color, religion, sex, age, national origin, familial status, or disability who may qualify
for those facilities and services, the SUBRECIPIENT must establish additional procedures that ensure that
those persons are made aware of the facilities, assistance, and services. The SUBRECIPIENTS must take
appropriate steps to ensure effective communication with persons with disabilities including, but not limited
to, adopting procedures that will make available to interested persons information concerning the location
of assistance, services, and facilities that are accessible to persons with disabilities. Consistent with Title
VI and Executive Order 13166, SUBRECIPIENTS are also required to take reasonable steps to ensure
meaningful access to programs and activities for limited English proficiency (LEP) persons.
NAMI COLLIER COUNTY, INC.
ES 19-02
Project Name: Rapid Re -Housing Page 37 , �'^
Meaningful Access to the ESG-RRHP Program for Limited English Proficient Persons:
Persons who, as a result of national origin, do not speak English as their primary language and who have
limited ability to speak, read, write, or understand English ("limited English proficient persons" or "LEP")
may be entitled to language assistance under Title VI in order to receive a particular service, benefit, or
encounter. In accordance with Title VI of the Civil Rights Act of 1964 (Title VI) and its implementing
regulations, the SUBRECIPIENT agrees to take reasonable steps to ensure meaningful access to activities
for LEP persons. Any of the following actions could constitute "reasonable steps", depending on the
circumstances: acquiring translators to translate vital documents, advertisements, or notices, acquiring
interpreters for face to face interviews with LEP persons,, placing advertisements and notices in newspapers
that serve LEP persons, partnering with other organizations that serve LEP populations to provide
interpretation, translation, or dissemination of information regarding the project, hiring bilingual employees
or volunteers for outreach and intake activities, contracting with a telephone line interpreter service, etc.
Terminating Assistance:
If a program participant violates program requirements, the SUBRECIPIENT may terminate the assistance
in accordance with a formal process established by the SUBRECIPIENT and this process shall recognize
the rights of individuals affected. The SUBRECIPIENT must exercise judgment and examine all
extenuating circumstances in determining when violations warrant termination so that a program
participant's assistance is terminated only in the most severe cases. To terminate rental assistance to a
program participant, the required formal process, at a minimum, must consist of:
A. written notice to the program participant containing a clear statement of the reasons for termination;
B. A review of the decision, in which the program participant is given the opportunity to present written
or oral objections before a person other than the person (or a subordinate of that person) who made or
approved the termination decision; and
C. Prompt written notice of the final decision to the program participant.
Termination does not bar the SUBRECIPIENT from providing further assistance at a later date to the same
family or individual
Housing Quality Standards:
The SUBRECIPIENT cannot use ESG-RRHP funds to help a program participant remain or move into
housing that does not meet the habitability standards set forth in 24 CFR 576.403 (c) as detailed in Exhibit
"F «
Lead -Based Paint Remediation and Disclosure:
The Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead -Based Paint
Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations in 24 CFR part 35,
subparts A, B, H, J, K, M, and R apply to all housing occupied by program participants.
NAMI COLLIER COUNTY, INC.
ES 19-02
Project Name: Rapid Re -Housing Page 38
3
EXHIBIT "F"
PERMANENT HOUSING
The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for
Permanent Housing, as applicable:
24 CFR 576.403(c): 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) 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.
NAMI COLLIER COUNTY, INC.
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Project Name: Rapid Re -Housing Page 39'
0 /
1
r\ r
CJ/
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 with 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 with other targeted homeless services. The SUBRECIPIENT and COUNTY must
coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other
programs targeted to homeless people in the area 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 Benet of Homeless Individuals (section 506 of the Public Health Services
Act (42 U.S.C. 290aa-5);
(7) Healthcare for the Homeless (42 CFR part S l 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 (42 U.S.C. 11331 et seq.));
(12) Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic Violence,
Dating Violence, and Stalking Program (section 40299 of the Violent Crime Control and
Law Enforcement Act (42 U.S.C. 13975));
(13) Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless Veterans
Comprehensive Assistance Act (38 U.S.C. 2021);
(14) Domiciliary Care for Homeless Veterans Program (38 U.S.C. 2043);
(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).
NAMI COLLIER COUNTY, INC.
ES 19-02
�b
Project Name: Rapid Re -Housing Page 40
(c) 5i)stem andprog7aiv coordination i3Oth 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 proggams include:
(1) Public housing programs assisted under section 9 of the U.S. Housing Act of 1937 (42)
U.S.C. 1437g) (24 CFR parts 905, 968, and 990);
(2) Housing programs receiving tenant -based or project -based assistance tinder section 8 of
the U.S. Housing Act of 1937 (42 U.S.C. 1437f) (respectively 24 CFR parts 982 and 983);
(3) Supportive 'Rousing 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 (TANS') (45 CFR parts 260-265);
(6) Health Center Program (42 CFR part 51 c);
(7) State Children's Health Insurance Program (42 CFR part 457):
(8) Head Start (45 CFR chapter XIII, 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.
(d) Centralized or coordinated assessinent. Once the Continuum of Care has developed a centralized
assessment system or a coordinated assessment system in accordance with requirements to be
established by HUD, each ESG-funded program or project within the Continuum of Care's area must
use that assessment system. The COUNTY and SUBRECIPIENT must work with the Continuum of
Care to ensure the screening, assessment, and referral of program participants are consistent with the
written standards required by paragraph (e) of this section. A victim service provider may choose not
to use the Continuum of Care's centralized or coordinated assessment system.
(e) Written standards fior providing ESG assistance. The SUBRECIPIENT must have written standards for
providing ESG assistance and must consistently apply those standards for all program participants.
At a minimum these written standards must include:
(1) Standard policies and procedures for evaluating individuals' and families' eligibility for
assistance under ESG;
(2) Standards for targeting and providing essential services related to street outreach',
(3) Policies and procedures for admission, diversion., referral, and discharge by emergency
shelters assisted under ESG, including standards regarding length of stay, if any, and
safeguards to meet the safety and shelter needs of special populations, e.g., victims of
domestic violence, dating violence, sexual assault, and stalking; and individuals and
families who have the highest barriers to housing and are likely to be homeless the longest;
(4) Policies and procedures for assessing, prioritizing, and reassessing individuals' and
families' needs for essential services related to emergency shelter:
(5) Policies and procedures for coordination among emergency shelter providers, essential,
services providers, homelessness prevention, and rapid re -housing assistance providers;
other homeless assistance providers; and mainstream service and housing providers (see
§576.400(b) and (c) for a list of programs with which ESG-funded activities must be
coordinated and integrated to the maximum extent practicable);
NAMI COLLIER COUNTY, NC.
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Project Name: Rapid Re -Housing Page 41
(6) Policies and procedures for determining and prioritizing which eligible families and
individuals will receive homelessness prevention assistance and which eligible families
and individuals will receive rapid re -housing assistance;
(7) Standards for determining what percentage or amount of rent and utilities costs each
program participant must pay while receiving homelessness prevention or rapid re -housing
assistance;
(8) Standards for determining how long a particular program participant will be provided with
rental assistance and whether and how the amount of that assistance will be adjusted over
time; and
(9) 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.
(f) Participation in HAS. 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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Project Name: Rapid Re -Housing Page 42 C,