Backup Documents 07/14/2020 Item #16D 7ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP , 6 D
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines # 1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routine lines #1 through #2_ comnlete the checklist- and fnrward to the Cn„nty Attn,,,Pv nff P
Route to Addressees (List in routing order)
Office
Initials
Date
1. Carolyn Noble
Community & Human
Services
`CW
7/8/20
2. Jennifer Belpedio
County Attorney Office
C \ ,,
1 13 J aQ
3. BCC Office
Board of County
Commissioners
4. Minutes and Records
Clerk of Court's Office
I
I
p_,IbfV,
PRIMARY CONTACT INFORMATION ' `r
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above, may need to contact staff for additional or missing information.
Name of Primary Staff
Carolyn Noble
Phone Number
(239) 450-5186
Contact / Department
Agenda Date Item was
'
7/14/2020
1� b
A roved b the BCC
Type of Document
3 AGREEMENTS & 3 COMMITMENTS
Number of Original
6
Attached
FOR CCHA
Documents Attached
PO number or account
number if document is
Attest -no recording
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
Initial
Applicable)
1.
Does the document require the chairman's original signature? OK
CN
Stamp OK if
Original is
NOT required
2.
Does the document need to be sent to another agency for additional signatures? If yes,
N/A
rovide the Contact Information (Name; Agency; Address; Phone) on an attached sheet.
3.
Original document has been signed/initialed for legal sufficiency. (All documents to be
CN
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4.
All handwritten strike -through and revisions have been initialed by the County Attorney's
N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5.
The Chairman's signature line date has been entered as the date of BCC approval of the
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document or the final negotiated contract date whichever is applicable.
6.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
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si nature and initials are required.
7.
In most cases (some contracts are an exception), the original document and this routing slip
CN
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8.
The document was approved by the BCC on 7/14/20 and all changes made during the
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes, if applicable.
9.
Initials of attorney verifying that the attached document is the version approved by the
BCC, all changes directed by the BCC have been made, and the document is ready for the
pMIME
Chairman's signature.
o�
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
160?
MEMORANDUM
Date: July 20, 2020
To: Carolyn Noble, Grants Coordinator
Community & Human Services
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: (2) Subrecipient agreement between Collier County and
the Collier County Housing Authority and (2) Letter of
Commitment: HOME Investment Partnership Funding for
HVAC installation at Farmworker Village
Attached please two original copies of the documents referenced above, approved
by the Board of County Commissioners (Item #16D7) on July 14, 2020.
The third original document has been held for the Official Record in the Board's
Minutes & Records Department.
If you have any questions, please feel free to contact me at 252-8406.
Thank you
Attachments (2)
1607
AIN#
16-UC12-0217
$68,047.53
M 17-UC12-0217
$203,177.60
M18-UC12-0217
$228,774.87
Federal Award Date
Sc tember 12, 2019
Federal Award
HUD
Agency
CFDA Name
Home Investment
Partnership HOME
CFDA/CSFA#
114.239
Total Amount of
, 500,000.00
Federal Funds
Awarded
SUBRECIPIENT
lCollier County
NAME
Housing Authority
DUNS#
�040977514
FEIN#
59-1490555
R&D
No
Indirect Cost Rate
No
Period of
,6/23/2020-9/30/2021
Performance
Fiscal Year End
9/30
Monitor End Date
i9/31
AGREEMENT BETWEEN COLLIER COUNTY
AND
(COLLIER COUNTY HOUSING AUTHORITY
HVAC Installation Phase 10
f u
THIS AGREEMENT is made and entered into this 4_ -} h day of
�026,, by and between Collier County, a political subdivision of the State of Florida' JCOUNITY
or Grantee) having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and Collier
County Housing Authority (SUBRECIPIENT), a ;quasi -governmental agency existing under the
laws of the State of Florida, having its principal office at 11800 Farm Worker Way, Immokalee,
FL 34142 1.
WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME)
Program funds from the United States Department of Housing and Urban Development (HUD) as
provided by the Cranston -Gonzalez National Affordable Housing Act, as amended; and
WHEREAS, the Board of County Commissioners of Collier County approved the Collier
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County Consolidated Plan - One -Year Action Plan for Federal Fiscal Year 12019-2020 for the
HOME Program on Tune 25, 201 �, Agenda Item 16.D.2.; and
WHEREAS, HUD has approved the County's Consolidated Plan - One -Year Action Plan
for Federal Fiscal Year �019-202P for the HOME Program and the use of the HOME funds for the
activities identified in the Plan; and
WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities
specified in this Agreement, in accordance with the approved One -Year Action Plan; and
WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such
undertakings of the HOME Program as a valid and worthwhile COUNTY purpose.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
contained, the Parties agree as follows:
PART I
SCOPE OF WORK
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards
required as a condition of providing HOME funds, as determined by Collier County Community
and Human Service (CHS), perform the tasks necessary to conduct the program as follows:
Project Component One (Rehabilitation): HVAC Installation, Phase 10. CHS, as an administrator
of the HOME program, will make available FY 2016-2017, 2017-2018 and 2018-2019 funds up
to the amount of $500,000 to the Collier County Housing Authority (CCHA) for: installation of
heating, ventilation, and air conditioning systems in at least 49 units in Sections A & B of Farm
Worker Village.
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 rehabilitation of the properties.
B. The following resolutions and policies must be delivered by the SUBRECIPIENT
within sixty (60) days:
1. Fair Housing Policy
2. Fair Housing Marketing Plan
3. Fraud Policy
4. Affirmative Action/ Equal Opportunity Policy
5. Purchasing Policy
6. Conflict of Interest Policy
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7. Residential Anti -displacement and Relocation Policy
8. Sexual Harassment Policy
9. Procedures for compliance with the requirements set forth in Section 3 of the
Housing and Urban Development Act of 1968, as amended (12 U.S.C.794 1 u)
10. Procedures for compliance with the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
11. Capital Needs Assessment Plan (CNAP)
12. Program Income Reuse Plan
13. Tenant Policy Manual
14. Limited English Proficiency (LEP)
1.2 PROJECT DETAILS
A. Project Description/Budget
Activity
HOME
Match
Budget
Liability
Amount
Proiect Component One: VAC Installation, Phase 10;
$500,000.0
installation of heating, ventilation, and air conditioning
systems to at least 49 units in Sections A & B of Farm
Worker Village.I
Match
Minimum
Required
match 25% of
total HOME
funds
ex ende
Grand Total:
500,000.00
$125,00
The SUBRECIPIENT will accomplish the following project tasks:
Proiect Tasks
1. Maintain documentation and income data on all households served in
compliance with 24 CFR 92.508
2. Provide Quarterly reports on project status (Exhibit "C") and meeting an
eligible activity
3. Required attendance by a representative from Executive Management, at
quarterly partnership meetings, as requested
4. Provide Site Design and Specifications, as applicable
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Prepare Bid Specifications and Cost Estimate, if applicable
6. Obtain Sealed Bids and provide associated procurement documentation
7. Comply with Davis -Bacon Act Labor Standards, if applicable
8. Submit invoices to CHS for rehabilitation costs for each unit
9. CHS will provide a land use restriction (LURA) for the period associated with
the amount of HOME assistance provided by the COUNTY
10. Market Analysis
11. Project Proforma prior to rehabilitation and updated at the completion of the
project
B. Income Requirements
Nominally, all tenants must be at or less than 80 percent of AMI. HUD requires
projects with 5 or more HOME -assisted units, that 20% of rental families be at or less
than 60 percent of AMI. Collier County Program -wide Income targeting requires that
90 percent of rental families be at or less than 60 percent of AMI. This project will
require at least 45 units be occupied by families at or below 60 percent of AMI. Tenants
must be certified initially and recertified annually. Subrecipient will provide forty-five
(45) units for households that meet the low HOME rent limit and four (4) units that
meet the high HOME rent limit, but none of the tenants may have an annual gross
income in excess of 80 percent for Collier County Statistical Areas. These units are
fixed units and identified in the Land Use Restriction Agreement (LURA) hereby
incorporated by reference.
C. Project Outcome
The SUBRECIPIENT will be reimbursed for the rehabilitation of multi -family rental
properties, in accordance with the project scope and the SUBRECIPIENT shall ensure
that the units are occupied by tenants that qualify, pursuant to paragraph 1.2 B above.
The units will be deed restricted for the affordability period subject to the dollar amount
of HOME funds invested in each unit.
D. Performance Deliverables
The Following Table Details the Project Deliverables
Program Deliverable
Deliverable Supporting
Documentation
Submission Schedule
Special Grant Condition
olicies as stated in this
lWithin sixty (60) days of
Policies Section 1.1
agreement
A reement Execution
HQS Inspections
QS Inspection Form
t completion of
Rehabilitation and every
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three years thereafter until
2031
Insurance lInsurance Certificate (Exhibit Prior to start of rehabilitation
A) and Annually within thirty
(30) days of renewal until
2031
Detailed Project Schedule Project Schedule Within sixty (60) days of
Agreement Execution and
u aatea as re ueste
Unit Summary Data Exhibit G At initial lease up and
September 30 of each year
through 2031
Project Plans And
ISite Plans and RehabilitationPrior
to start of
Specifications
Specifications
Rehabilitatiolll
Certified Payroll/Davis
Certified Payroll
Certified weekly payroll due
Bacon
14 days from end of pay
eriod for each payroll
Subcontractor Log
ISubcontractor Lo
ny time new subcontractors
begin
Income Certification
Exhibit 0
Upon the completion of the
Documentation
Rehabilitation and
recertification of tenants
annually thereafter until 2031
Quarterly Performance Data
Exhibit C
Quarterly: within ten (10)
Report
days after the end of the
quarter, (even if zero). Final
report due sixty (60) days
after agreement ends.
Section 3 Report
Quarterly report of new hire
Quarterly: within ten (10)
information
days after the end of the
quarter, until project is
Financial and Compliance
Exhibit EAnnually
9 months after
Audit
Single Audit OR One
hundred eighty (180) days
after FY end until 2031
Continued Use Certification
Continued Use Affidavit
uall until 2031
Tenant leases
,Copy of lease document
�Trany new tenants until
2031
Occupancy and Tenant
ISummary of Tenant Income
Annually until 2031
Income Report and Rental
and Income Limit, Rent and
Rate Report
Rent Limit, by unit (Rent
Roll) Exhibit E �
Program Income Re -use Plan
Planned use of program-
Annually until 2031
generated income)
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Final Year -End Performance
Exhibit C
Quarterly roll up report for
Report
Year -End Performance
E. Payment Deliverables
The Following Table Details the Payment Deliverables
Payment Deliverable
Payment Supporting
Submission Schedule
Documentation
Project Component One:
Submission of supporting
documents must be provided as
Monthly by the 1 Oth of the
month following the end
Funding costs will include
but not limited to the
backup as evidenced by
of the previous month.
following expenses: f HVAC
contractor schedule of
Installation, Phase 10
values/invoices or equivalent;
installation of heating,
proof of permit close out, if
ventilation, and air
applicable; banking documents;
conditioning systems to at
canceled checks; and any
least 49 units in Sections A &
additional documents as needed.
B of Farm Worker Village.
Final 10% (retainage) released
upon documentation of "at least
49 HVAC units installed,"
monitoring clearance, and final
waiver of lien. Retainage will be
deducted from each invoice.
Match
Exhibit 13-1 along with
All match shall be
submission of supporting
submitted prior to the
documents; may also include
release of retainage.
cash or in kind documentation
Should match not meet
including canceled checks,
25% of the total expended
banking statements, and invoices;
amount, the final match
and additional documentation
balance shall be withheld
may be requested
from the retainage to meet
the 25% match obligation.
F. Performance Measures
At least 49 families will benefit from new HVAC units
No more than 4 (four) units can be occupied by families between 60-80% AMI
At least 45 units must be occupied by families at or below 60% of AMI
1.3 PERIOD OF PERFORMANCE
Services of the SUBRECIPIENT shall start on Tune 23, 2020 and end on (September 30,
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2021I. Rehabilitation activities shall be completed by September 30, 2021 and the
affordability period shall cease �in September 2031. The term of this Agreement and the
provisions herein may be extended by amendment to cover any additional time period
during which the SUBRECIPIENT remains in control of HOME funds or other HOME
assets, including program income.
DURATION OF AGREEMENT
The duration of the SUBRECIPIENT Agreement is as follows:
Agreement Effective Date
Tune 23, 2020 j
Agreement Termination Date
ISeptember 30, 2021
1
Deadline for Receipt of Final Reimbursement
Request
December 30, 2021
However, no program costs can be incurred until an environmental review of the proposed
project is completed, and approved by HUD or the Certifying Officer. Further, the
SUBRECIPIENT will not undertake any rehabilitation activity or commit any funds prior
to environmental clearance and a CHS Notice to Proceed (NTP) letter. Violation of this
provision will result in the denial of any reimbursement of funds under this Agreement.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available FIVE HUNDRED THOUSAND DOLLARS
($500,000) for use by the SUBRECIPIENT, during the Term of the Agreement
(hereinafter, referred to as the "Funds"). This Agreement shall remain in effect until all
HOME funds and program income are no longer under the control of the SUBRECIPIENT.
Modifications to the "Budget and Scope" may only be made if approved in advance, by the
COUNTY. Budgeted fund shifts between cost categories and activities shall not be more
than 10 percent of the total funding amount and no amount to a change in scope. Fund
shifts that exceed 10 percent between project components shall only be made with Board
approval.
SUBRECIPIENTS are required to competitively bid and must ensure that every purchase
order or contract executed for federally -assisted projects comply with all other Federal
requirements and applicable LABOR provisions. SUBRECIPIENT must include HUD
Form 4010 in each contract when contracting for services or goods related to a Federal
award.
Match Pursuant 24 CFR 92.218
Match is required for HOME funds. The SUBRECIPIENT is required to provide match
funds when identified as an eligible source, such as contributions to housing activities that
qualify as affordable housing under the HOME program throughout a fiscal year.
Contributions that have been or will be counted as satisfying a matching requirement of
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another Federal grant or award may not count as satisfying the matching contribution
requirement for the HOME program. Pursuant to Florida administrative Code 67-37.007,
the State Housing Initiatives Partnership Program funds may be used as required match for
HOME eligible activities.
The COUNTY shall reimburse the SUBRECIPIENT for the performance of this
Agreement upon completion or partial completion of the work tasks as accepted and
approved by CHS. SUBRECIPIENT may not request disbursement of HOME funds until
funds are needed for the payment of eligible costs, and all disbursement requests must be
limited to the amount needed at the time of the request. However, invoices for work
performed are required every month. SUBRECIPIENT may expend funds only for
allowable costs resulting from obligations incurred during the term of this agreement. If
no work has been performed during that month, or if the SUBRECIPIENT is not yet
prepared to send the required backup, a $0 invoice will be required. Explanations will be
required if two consecutive months of $0 invoices are submitted. Payments shall be made
to the SUBRECIPIENT when requested as work progresses but not more frequently than
once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the
minimum level of service required by this Agreement.
Final invoices are due no later than 90 days after the end of the Agreement. Work
performed during the term of the program but not invoiced within 90 days without written
authorization from the Grant Coordinator will not be reimbursed. The County Manager or
designee may extend the term of this Agreement for a period of up to 180 days. The
extension must be authorized prior to the expiration of the Agreement. The extension must
be authorized in writing by formal letter to the SUBRECIPIENT. No payment will be made
until approved by 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 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 rule for
cost allowability found at 2 CFR 200 Subpart E- Cost Principles. For the purposes of this
section (Section 1.5 Cost Principles) of this Agreement, SUBRECIPIENT is defined as
described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement
basis. Each request for reimbursement shall identify the associated project and approved
project task(s) listed under this Scope of Work. The SUBRECIPIENT can only incure
direct costs that may be attributed specifically to the project referenced above, as defined
in 2 CFR 200.413. The SUBRECIPIENT must provide adequate documentation for
validating costs incurred. Payment 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 SUBRECIPIENT and Contractors shall
be in compliance with 2 CFR 200 Subpart E-Cost Principles. The SUBRECIPIENT will
use adequate internal controls, and maintain necessary source documentation for all costs
incurred and adhere to any other accounting requirements in the 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, or personal delivery or sent by facsimile or other electronic
means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery
or sending. All notices and other written communications under this Agreement shall be
addressed to the individuals in the capacities indicated below, unless otherwise modified
by subsequent written notice.
COLLIER COUNTY TTENTION: Carolyn Noble, Grants Coordinator
Collier County Government
Community and Human Services Division
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112�
Email: ICarolyn.Noblekcolliercountyfl.gov�
Phone: �39-450-5180
SUBRECIPIENT ATTENTION: Oscar Hentschel
Executive Director
Collier County Housing Authority
�1800 Farm Worker Way
Immokalee, FL 34142
Email: bhentschel@cchafl.org
Phone: ( 39-657-3649
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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 in compliance with 24 CFR 92.504.
During the term of this Agreement, SUBRECIPIENT shall submit an annual audit
monitoring report (Exhibit E) to the COUNTY, no later than nine (9) months (or one
hundred eighty (180) days for SUBRECIPIENTS exempt from Single Audit), after the
SUBREICPIENT'S fiscal year end. The COUNTY will conduct an annual financial and
programmatic review.
Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT
within 30 days after receipt by the SUBRECIPIENT. Failure of the SUBRECIPIENT
comply with the above audit requirements will constitute a violation of this Agreement and
may result in withholding of future payments. The SUBRECIPIENT hereby agrees to have
an annual agency audit conducted in accordance with current COUNTY policy concerning
SUBRECIPIENT audits and 2 CFR 200.501
The determination of amounts of Federal awards expended shall be in accordance with
guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 92.508
to determine compliance with the requirements of this Agreement, the HOME Program,
and all other applicable laws and regulations. This documentation shall include, but not be
limited to, the following:
A. All records required by HOME regulations.
B. SUBRECIPIENT shall keep and maintain public records that ordinarily and
necessarily would be required by COUNTY in order to perform the service.
C. All reports, plans, surveys, information, documents, maps, books, records, and
other data procedures developed, prepared, assembled, or completed by the
SUBRECIPIENT for the purpose of this Agreement shall be made available to the
COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or
CHS. Materials identified in the previous sentence shall be in accordance with
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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
to properly reflect all net costs; direct and indirect labor, materials, equipment,
supplies, and services; and other costs and expenses of whatever nature for which
reimbursement is claimed under the provisions of this Agreement.
D. Upon completion of all work contemplated under this Agreement, copies of all
documents and records relating to this Agreement shall be surrendered to CHS if
requested. In any event the SUBRECIPIENT shall keep all documents and records
in an orderly fashion in a readily accessible, permanent, and secured location for
five (5) years after the date of submission of the annual performance and evaluation
report, as prescribed in 2 CFR 200.332 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 200.333. 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 SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-68329
Michael.Cox(a,colliercountyfl.gov, 3299 Tamiami Trail E, Naples
FL 34112.
E. For rental housing projects, records may be retained for five years after the project
completion date; except those records of individual tenant income verification,
project rents, and project inspections, which must be retained for the most recent
five-year period until five years after the affordability period terminates.
F. The SUBRECIPIENT shall maintain records showing compliance with the Davis -
Bacon Law, including files containing contractor payrolls, employee interviews,
Davis -Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT
shall maintain records showing contractor compliance with the Contract Work
Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain
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records showing compliance with federal purchasing requirements and with other
federal requirements for grant implementation.
G. The applicability of labor standard provisions under the HOME program apply to
any contract for the construction of 12 or more HOME -assisted units (Section 286,
National Affordable Housing Act of 1990, as amended.
H. The SUBRECIPIENT will be responsible for the creation and maintenance of
income eligible files on clients served, and documentation that all households are
eligible under HUD Income Guidelines. The SUBRECIPIENT agrees that CHS
shall be the final arbiter on the SUBRECIPIENT' S compliance.
I. 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 this chapter or as otherwise provided by
law. SUBRECIPIENT shall ensure that public records that are exempt or
confidential and exempt from public records disclosure requirements are not
disclosed, except as authorized by law.
2.3 MONITORING
SUBRECIPIENT agrees that CHS will carry out no less than one (1) annual on -site
monitoring visit and evaluation activities as determined necessary. At the COUNTY'S
discretion, a reasonable monitoring charge may be imposed. Fees are based on average
staff time and costs of materials. Ongoing monitoring fees may be included in the project
underwriting. In addition, the COUNTY shall, at a minimum, conduct inspections every
three (3) years in accordance with 24 CFR 92.504(d)(1) and HQS inspections shall be
completed in accordance with 24 CFR 92.209(i). Also, at the COUNTY's discretion, a
desktop review of 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 required reports.
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 based on goals and
performance standards as stated, with all other applicable federal, state, and local laws,
regulations, and policies governing the funds provided under this Agreement. 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, 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, any law, or any regulation to the 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.
In order to effectively enforce Resolution No. 2013-228, Community and Human Services
Division (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 entity
and will require a corrective action plan be submitted to CHS within 15 days following
the monitoring visit.
o Any pay requests that have been submitted to CHS for payment will be held until
the corrective action plan has been submitted.
o CHS will be available to provide Technical Assistance (TA) to the entity as needed
to correct the non-compliance issue.
2. If an entity fails to submit the corrective action plan in a timely manner, CHS may
require a portion of the awarded grant amount be returned to the COUNTY.
o The COUNTY may require upwards of 5 percent of the award amount to be
returned to CHS, at the discretion of the Board of County Commissioners.
o The entity maybe denied future consideration, asset forth in Resolution No. 2013-
228.
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If an entity 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 the awarded grant amount
or the amount of the HOME investment for acquisition of the properties conveyed be
returned to the COUNTY.
o CHS may require upwards of 10 percent of the award amount be returned to the
COUNTY, at the discretion of the Board of County Commissioners.
o The entity will be in violation of Resolution No. 2013-228.
4. If after repeated notification the entity continues to be substantially non -compliant,
CHS may recommend the Agreement or award be terminated.
o CHS will make a recommendation to the Board of County Commissioners to
immediately terminate the Agreement or contract. The entity will be required to
repay all funds disbursed by the COUNTY for the project that was terminated. This
includes the amount invested by the COUNTY for the initial acquisition of the
properties.
o The entity will be violation of Resolution No. 2013-228.
If the entity has multiple agreements with CHS and is found to be non -compliant, the above
sanctions may be imposed across all awards at the discretion of the Board of County
Commissioners.
2.6 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 10`h 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 their designee in the event of Program changes;
the need for additional information or documentation arises; and/or legislative amendments
are enacted. Reports and/or requested documentation not received by the due date shall be
considered delinquent and may be cause for default and termination of this Agreement.
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent
of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion
and judgment.
3.2 GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of 24 CFR Part 92 of HOME
Investment Partnerships Program Grants including subpart H of these regulations, except
that (1) the SUBRECIPIENT does not assume the recipient's environmental
responsibilities described in 24 CFR 93.352 and (2) the SUBRECIPIENT does not assume
the recipient's responsibility for initiating the review process under the provisions of 24
CFR Parts 50 and 58. The SUBRECIPIENT also agrees to comply with all other applicable
Federal, state, and local laws, regulations, and policies governing the funds provided under
this 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 of the COUNTY with
respect to the services to be performed under this Agreement. The Grantee shall be exempt
from payment of all Unemployment Compensation, FICA, retirement, life and/or medical
insurance, and Workers' Compensation Insurance as the SUBRECIPIENT is independent
of the COUNTY and an employer/employee relationship will not be created.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that
such amendments make specific reference to this Agreement, and are executed in writing,
signed by a duly authorized representative of each organization, and approved by the
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 any other
reasons. If such amendments result in a change in the funding, scope of services, or
schedule of the activities to be undertaken as part of this Agreement, such modifications
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will be incorporated only by written amendment signed by both COUNTY and
SUBRECIPIENT.
Expiration of Agreement: If the SUBRECIPIENT does not complete the project within
the time period, the County Manager or designee may subject to HOME program
requirements, grant a cumulative time extension of no more than 180 days and modify any
subsequent project work plans to reflect the extension.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from HOME grant funds from HUD and
must be implemented in full compliance with all of HUD's rules and regulations and any
agreement between COUNTY and HUD governing HOME funds pertaining to this
Agreement. If curtailment or non -production of said federal funds occurs, the financial
sources necessary to continue to pay the SUBRECIPIENT all or any portion of the funds
will not be available. In that event, the COUNTY may terminate this Agreement, which
termination shall be effective as of the date that it is determined by the County Manager or
designee, in his/her sole discretion and judgment, that the funds are no longer available. In
the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek
to hold the COUNTY, nor any individual member of the County Commissioners and/or
County Administration, personally liable for the performance of this Agreement; and the
COUNTY shall be released from any further liability to SUBRECIPIENT under the terms
of this Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify
and hold harmless Collier County, its officers, agents, and employees from any and all
claims, liabilities, damages, losses, costs, and causes of action which may arise out of an
act or 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.
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3.7 GRANTEE RECOGNITION/SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorships of the Program, research reports, and
similar public notices, printed or digitally prepared and released by the SUBRECIPIENT
for, on behalf of, and/or about the Program shall include the statement:
"FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) AND COLLIER COUNTY HOUSING, 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 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.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under
this Agreement:
A. Failure to comply with any of the rules, regulations, or provisions referred to herein,
or such statutes, regulations, executive orders, and HUD guidelines, policies, or
directives as may become applicable at any time;
B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper
manner its obligations under this Agreement;
C. Ineffective or improper use of funds provided under this Agreement; or
D. Submission by the SUBRECIPIENT to the 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; and
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G. Failure to materially comply with the terms of any other agreement between the
COUNTY and the SUBRECIPIENT relating to the project.
In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may
seek any combination of one or more of the following remedies:
A. Require specific performance of the Agreement, in whole or in part;
B. Require the use of or change in professional property management;
C. Require immediate repayment by SUBRECIPIENT to the COUNTY of all HOME
funds the SUBRECIPIENT has received under this Agreement;
D. Apply sanctions set forth in 24 CFR 92, if determined by the COUNTY to be
applicable;
E. Stop all payments until identified deficiencies are corrected;
F. Terminate this Agreement by giving written notice to the SUBRECIPIENT of such
termination and specifying the effective date of such termination. If the Agreement
is terminated by the COUNTY as provided herein, SUBRECIPIENT shall have no
claim of payment or claim of benefit for any incomplete project activities
undertaken under this Agreement.
3.9 REVERSION OF ASSETS
In the event of a termination of this Agreement or upon expiration of the Agreement, in
addition to any and all other remedies available to the COUNTY (whether under this
Agreement or at law or in equity), and the SUBRECIPIENT has not provided the required
end use beneficiaries, the SUBRECIPIENT shall immediately transfer to the COUNTY
any funds on hand at the time of termination (or expiration) and any accounts receivable
attributable to the use of HOME 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 are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR
92.504(c)(2)(vii).
3.10 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement
until all insurance required under this Section, as outlined in Exhibit "A", and 2 CFR
200.310, has been obtained and carried at all times during its performance.
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3.11 ADMINISTRATIVE REQUIREMENTS
The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant
Budget and the Scope of Work (Part I), the Uniform Administrative Requirements for Cost
Principles, and Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal
regulations for the HOME funds (24 CFR 92 et seq.).
3.12 PURCHASING
SUBRECIPIENT's are required to follow Federal Procurement regulations and Collier
County's purchasing thresholds.
All purchasing for services and goods, including capital equipment, shall be made by
purchase order or by a written contract and in conformity with the thresholds of Collier
County's Purchasing Policy.
Purchasing Threshold Policy
Range $
Quotes
$0 - $3,000
Single Quote with Documentation
$3,001 - $50,000
3 Written Quotes
$50,001+
Formal Solicitation ITB, RFP, etc.
3.13 PROGRAM GENERATED INCOME
If there is Program Income, derived from the use of HOME funds disbursed under this
agreement, such Program Income shall be retained by the SUBRECIPIENT for use in the
HOME Program. Any "Program Income", as defined in 24 CFR 92.2, gained from any
activity of the SUBRECIPIENT funded by HOME funds, shall be reported to the
COUNTY through an annual program income re -use plan, utilized by the SUBRECIPIENT
accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 92.503(a), in the
operation of the Program. In the event there is a program income balance at the end of the
Program Year, such balance shall revert to the COUNTY's HOME 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 110 (ten) year affordability period on the project has been met. The
affordability period shall commence with the recording of the lien and/or deed restriction
documentation. I Activities during this closeout period shall include, but not be limited to:
making final payments, disposing of program assets (including the return of all unused
materials, equipment, program income balances, and receivable accounts to the
COUNTY), and determining the custodianship of records. In addition to the records
retention outlined in Section 2.2 of this Agreement, the SUBRECIPIENT shall comply
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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 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.
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 Agreement. As used in this Agreement, the term
"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
Funds invested in dwelling units that are assisted with HOME funds must be occupied by
households that qualify as low-income (less than 80 percent of AMI). For rental programs,
income certification will be conducted prior to move -in and annually thereafter.
3.18 AFFIRMATIVE ACTION
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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
provided in President's Executive Order 11246 of September 24, 1966. The COUNTY
shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the
formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative
Action Program for approval prior to the award of funds. The Affirmative Action will need
to be updated throughout the affordability period and submitted to COUNTY within 30
days of update/modification.
3.19 CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ who presently exercises
any functions or responsibilities in connection with the Project, has any personal financial
interest, direct or indirect, in the Project areas or any parcels therein, which would conflict
in any manner or degree with the performance of this Agreement, and that no person having
any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT.
The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR
92.356(f) "Conflict of Interest", 2 CFR 200.318, and the State and COUNTY statutes,
regulations, ordinances, or resolutions governing conflicts of interest. Any possible
conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed
in writing to CHS provided, however, that this paragraph shall be interpreted in such a
manner so as not to unreasonably impede the statutory requirement that maximum
opportunity be provided for employment of and participation of low and moderate -income
residents of the project target area.
The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval
prior to entering into any contract with an entity owned in whole or in part by a covered
person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The
COUNTY may review the proposed contract to ensure that the contractor is qualified and
that the costs are reasonable. Approval of a conflict of interest contract will be in the
COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's
ability to self -manage the projects using its own employees. Any possible conflict of
interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing
to 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
HOME funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 92.257. The
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows:
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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 that it does not use direct HOME funds to support any
inherently religious activities, such as worship, religious instruction, or proselytizing.
d. The funds shall not be used for the acquisition, construction, or rehabilitation of
structures to the extent that those structures are used for inherently religious activities.
Where a structure is used for both eligible and inherently religious activities, HOME
funds may not exceed the cost of those portions of the acquisition, construction, or
rehabilitation that are attributable to eligible activities in accordance with the cost
accounting requirements applicable to HOME funds in this part. Sanctuaries, chapels,
or other rooms that a HOME funded religious congregation uses as its principal place
of worship, however, are ineligible for HOME funded improvements.
3.21 INCIDENT REPORTING
If services to clients are to be provided under this Agreement, the SUBRECIPIENT and
any subcontractors shall report to the COUNTY any knowledge or reasonable suspicion of
abuse, neglect, or exploitation of a child, aged person, or disabled adult.
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 92 as amended- All the regulations regarding the HOME program
http://www.ecfr.gov/cgi-bin/text-
idx?SID=c6cee34b7aab 1 a869c49c 1091 cf69e98&node=24:1.1.1.1.4I &r n=div5
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link:
http://www.ecfr. gov/cgi-bin/text-
idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr58 main 02.tpl
4.3 Title II of the Cranston -Gonzalez National Affordable Housing Act (42 U.S.C. 12701 et
seq.). Regulations at 24 CFR part 92. Titles II and III of the Americans with Disabilities Act,
which prohibit you from discriminating on the basis of disability in the operation of public
entities, public and private transportation systems, places of public accommodation, and certain
testing entities (42 U.S.C. §§ 12131-12189), as implemented by Department of Justice
regulations at 28 C.F.R. parts 35 and 36, and Department of Transportation regulations at 49
C.F.R. parts 37 and 38. Titles II and III of the Americans with Disabilities Act, which prohibit
you from discriminating on the basis of disability in the operation of public entities, public and
private transportation systems, places of public accommodation, and certain testing entities (42
U.S.C. §§ 12131-12189), as implemented by Department of Justice regulations at 28 C.F.R.
parts 35 and 36, and Department of Transportation regulations at 49 C.F.R. parts 37 and 38.
4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair
Housing Act. https://www. ovinfo.pov/content/pkg/USCODE-2007-
title42/pdf/USCODE-2007-title42-chap45.pdf
E.O. 11063 — Equal Opportunity in Housing https://www.archives.gov/federal-
register/codification/executive-order/ 11063.html
E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs
http://www.archives. gov/federal-register/codification/executive-order/ 12259.html
24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.O.
http://www.law.comell.edu/cfr/text/24/part-107
4.5 Title VI of the Civil Rights Act of 1964, as amended, which prohibits you from
discriminating on the basis of race, color, or national origin (42 U.S.C. 2000d et seq.),
https://www.justice.gov/crt/fcs/TitleVI
As clarified by Executive Order 13166, Improving Access to Services for Persons with
Limited English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination on the basis of limited English proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to ensure that LEP persons have
meaningful access to your programs. Meaningful access may entail providing language
assistance services, including oral and written translation, where necessary. You are
encouraged to consider the need for language services for LEP persons served or
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encountered both in developing your budgets and in conducting your programs and
activities. For assistance and information regarding your LEP obligations, go to
http://www.lep.jzov
4.6 Title VIII of the Civil Rights Act, which prohibits you from discriminating in the sale,
rental, financing, and advertising of dwellings, or in the provision of services in connection
therewith, on the basis of race, color, national origin, religion, disability, familial status,
and sex (42 U.S.C. 3601 et seq.), as implemented by the Department of Housing and Urban
Development at 24 CFR part 100. The prohibition on discrimination includes the
requirement that new multifamily housing with four or more dwelling units, i. e. , the public
and common use areas and individual apartment units (all units in buildings with elevators
and ground -floor units in buildings without elevators) be designed and constructed with
certain accessible features, see 24 CFR part 100.201; and
https://www.dol. ov/agencies/oasam/civil-rights-center/statutes/title-vii-civil-rights-act-
of-1964
4.7 Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating on the basis of sex in education programs or activities (20 U.S.C. 1681 et
seq.) https://www.justice.gov/crt/fcs/TitleIX-SexDiscrimination
4.8 24 CFR 92.202 - 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/part-92
4.9 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive
Orders 11375 and 12086 - which establishes hiring goals for minorities and women on
projects assisted with federal funds and as supplemented in Department of Labor
regulations. EO 11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-I1246.html
EO 11375 and 12086: see item #8 below
4.10 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity
Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or
advertisements for employees placed by or on behalf of the SUBRECIPIENT; state that it
is an Equal Opportunity or Affirmative Action employer.
http://www.eeoc.gov/laws/statutes/titlevii.cfm
4.11 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the
HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR
135, and all applicable rules and orders issued hereunder prior to the execution of this
contract, shall be a condition of the Federal financial assistance provided under this
contract and binding upon the COUNTY, the SUBRECIPIENT and any of the
RECIPIENT'S Sub -recipients and subcontractors. Failure to fulfill these requirements shall
subject the COUNTY, the SUBRECIPIENT and any of the RECIPIENT's Sub -recipients
and subcontractors, their successors and assigns, to those sanctions specified by the
Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies
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and agrees that no contractual or other disability exists that would prevent compliance with
these requirements.
The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to
include the following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a
program providing direct Federal financial assistance from HUD and is subject to
the requirements of Section 3 of the Housing and Urban Development Act of 1968,
as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible
opportunities for training and employment be given to low- and very low-income
residents of the project area, and that contracts for work in connection with the
project be awarded to business concerns that provide economic opportunities for
low- and very low-income persons residing in the metropolitan area in which the
project is located."
The SUBRECIPIENT further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including reduction and
abatement of lead -based paint hazards), housing construction, or other public construction
project are given to low- and very low-income persons residing within the metropolitan
area in which the HOME -funded project is located; where feasible, priority should be given
to low- and very low-income persons within the service area of the project or the
neighborhood in which the project is located, and to low- and very low-income participants
in other HUD programs; and award contracts for work undertaken in connection with a
housing rehabilitation (including reduction and abatement of lead -based paint hazards),
housing construction, or other public construction project to business concerns that provide
economic opportunities for low- and very low-income persons residing within the
metropolitan area in which the HOME -funded project is located; where feasible, priority
should be given to business concerns that provide economic opportunities to low- and very
low-income residents within the service area or the neighborhood in which the project is
located, and to low- and SUBRECIPIENT very low-income participants in other HUD
programs.
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity
exists that would prevent compliance with these requirements. http://www.ecfr.gov/cgi-
bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr 13 5_main_02.tpl
4.12 The Age Discrimination Act of 1975, as amended, which prohibits you from discriminating
on the basis of age (42 U.S.C. 6101 et seq.)
Age Discrimination Act of 1975 - http://www.dol.gov/oasam/regs/statutes/age act.htm
11063:http://portal.hud. ov/hudportal/HUD?src=/program offices/fair housing equal o
pp/FHLaws/EXO 11063
11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-I 1246.html
11375: Amended by EO 11478
11478: http://www.archives.gov/federal-register/codification/executive-order/11478.html
12107: http://www.archives.gov/federal-register/codification/executive-order/12107.html
12086: http://www.archives.gov/federal-register/codification/executive-order/12086.html
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4.13 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
http://usaceenaineeringpamplets2.tpub.com/EP-1180-1-1/EP-1180-1-10012 htm
4.14 Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits you from
discriminating on the basis of disability (29 U.S.C. 794)
Section 504: http://www.epa.g_ov/civilrights/sec504.htm
29 USC 776: http://law.onecle.com/uscode/29/776.html
4.15 The Americans with Disabilities Act of 1990
htty://www.fhwa.dot.gov/realestate/ua/index.htm
4.16 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended. http://www.fhwa.dot.gov/realestate/ua/index.htm
4.17 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and
the use of apprentices and trainees on federally assisted projects as mandated by the Davis -
Bacon Act. HUD Form 4010 must be included in all construction contracts funded by
HOME. (See 42 USC 276a and 24 CFR 135.11(c).
29 CFR Part 3-Contractors and Subcontractors on public building or Public Work Financed
in whole or in part by Loans or Grants from the United States-
htti)://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)
htty://www.law.comel1.edu/cfr/text/29/i)art-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects. http://www.presidency.ucsb.edu/ws/index.php?pid=23675
4.18 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.federalre ig ster.gov/documents/2000/10/12/00-26446/increasing_
opportunities -and -access -for -disadvantaged -businesses
4.19 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 5
Subpart A, as revised by Executive Order 13279.
E.O. 13279: http://fedgovcontracts.com/peO2-192.htm
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4.20 Public Law 100-430 - the Fair Housing Amendments Act of 1988.
http://www.ncbi.nlm.nih.gov/pubmed/I 2289709
4.21 Immigration Reform and Control Act of 1986
http://www.eeoc.gov/ecoc/histoKy/35th/thelaw/irca.html
4.22 2 CFR 200 et seq-Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements. https://www.law.comell.edu/cfr/text/2/part-200
4.23 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. Florida Statutes -
http://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii
Collier County - http://spI6/sites/HumanResources/Shared%20Documents/County_
Practices-and-Procedures-
(CMA)/CMA%205311%20Code%20of"/o20Ethics%20and%20Anti%20Fraud.pdf
4.24 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 Owner's discretion.
4.25 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).
4.26 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort
to resolve any such disputes by negotiation. Any situations when negotiations, litigation
and/or mediation shall be attended by representatives of the SUBRECIPIENT with full
decision -making authority and by COUNTY' S staff person who would make the
presentation of any settlement reached during negotiations to COUNTY for approval.
Failing resolution, and prior to the commencement of depositions in any litigation 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
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SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE
TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING
OUT OF, THIS AGREEMENT.
http://www.flsenate.gov/Laws/Statutes/2010/44.102
4.27 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. http://www.law.cornell.edu/uscode/text/42/7401
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
http://www.law.comell.edu/uscode/text/33/chapter-26
4.28 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
USC 4002 and 24 CFR 58), the SUBRECIPIENT shall assure that for activities located in
an area identified by FEMA as having special flood hazards, flood insurance under the
National Flood Insurance Program is obtained and maintained. If appropriate, a letter of
map amendment (LOMA) may be obtained from FEMA, which would satisfy this
requirement and/or reduce the cost of said flood insurance. http://www.ecfr.gov/cgi-
bin/text-
idx?c=ecfr&SID=eba40bdb52822d80827a48bced5bOb56&rgn=div8&view=text&node=2
4: 3.1.1.3.4.11.1.6&idno=24
4.29 The SUBRECIPIENT agrees that any construction or rehabilitation of residential
structures with assistance provided under this contract shall be subject to HUD Lead -
Based Paint Poisoning Prevention Act found at 24 CFR 92.355
https://www.law.comell.edu/cfr/text/24/92.355
4.30 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set
forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and
the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation
Procedures for Protection of Historic Properties, insofar as they apply to the performance
of this agreement.
http://www.nps.gov/history/local-law/nhpal 966.htm
http: //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.
http://www.nl2s.gov/histoly/local-law/nhi)al 966.htm
4.31 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.law.comell. edu/uscode/text/41 /subtitle-IV/chapter-81
4.32 The SUBRECIPIENT agrees to comply with Subpart A — Generally Applicable
Definitions and Requirements, Waivers. https://www.govinfo.gov/app/details/CFR-2012-
title24-vol 1 /CFR-2012-title24-vol 1-part5
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4.33 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. These requirements are enumerated in 2 CFR 200, et seq.
4.34 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.
4.35 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the
projects stated herein, and approved by the COUNTY in accordance with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR
24.101, shall be subject to the provisions of HOME including, but not limited to, the
provisions on use and disposition of property. Any real property within the
SUBRECIPIENT control, which is acquired or improved in whole or part with HOME
funds in excess of $25,000, must adhere to the HOME Regulations at 24 CFR 92.35.3
http://www.fhwa.dot.p,ov/realestate/ua/index.htm
http://www.law.comell.edu/cfr/text/49/24. 101
4.36 As provided in § 287.133, Florida Statutes by entering into this Agreement or performing
any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates,
suppliers, subcontractors and consultants who will perform hereunder, have not been
placed on the convicted vendor list maintained by the State of Florida Department of
Management Services within the 36 months immediately preceding the date hereof. This
notice is required by § 287.133 (3) (a), Florida Statutes.
http://www.lawserver.com/law/state/florida/statutes/florida statutes_287-133
4.37 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
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Congress in connection with this Federal contract, grant, loan, or cooperative agreement,
the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the
award documents for all sub -awards at all tiers (including subcontracts, sub -grants,
contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENT's
shall certify and disclose accordingly.
4.38 Travel reimbursement will be based on the U.S. General Services Administration (GSA)
per diem rates in effect at the time of travel.
4.39 Any rule or regulation determined to be applicable by HUD.
4.40 Florida Statutes 713.20, Part 1, Construction Liens
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700-
0799/0713/0713.html
4.41 Florida Statutes 119.021 Records Retention
http://www.lawserver.com/law/state/florida/statutes/florida statutes_ 119-021
4.42 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/S ections/0119.07. html
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PART V
HOME Requirements
5.1 Project Requirements for SUBRECIPIENTS - 24 CFR 92.251
The SUBRECIPIENT is required to conform to the following requirements and regulations
as stated below:
24 CFR 92.251(b) Property Standards.
(b) Rehabilitation projects. All rehabilitation that is performed using HOME funds must
meet the requirements of this paragraph (b).
(1) Rehabilitation standards. The participating jurisdiction must establish rehabilitation
standards for all HOME -assisted housing rehabilitation activities setting forth the
requirements that the housing must meet upon project completion. The participating
jurisdiction's description of its standards must be in sufficient detail to determine the
required rehabilitation work including methods and materials. The standards may refer to
applicable codes or they may establish requirements that exceed the minimum
requirements of the codes. The rehabilitation standards must address each of the
following:
(i) Health and safety. The participating jurisdiction's standards must identify life -
threatening deficiencies that must be addressed immediately if the housing is occupied.
(ii) Major systems. Major systems are: structural support; roofing; cladding, and
weatherproofing (e.g., windows, doors, siding, gutters); plumbing; electrical; and heating,
ventilation, and air conditioning. For rental housing, the participating jurisdiction's
standards must require the participating jurisdiction to estimate (based on age and
condition) the remaining useful life of these systems, upon project completion of each
major systems. For multifamily housing projects of 26 units or more, the participating
jurisdiction's standards must require the participating jurisdiction to determine the useful
life of major systems through a capital needs assessment of the project. For rental
housing, if the remaining useful life of one or more major systems is less than the
applicable period of affordability, the participating jurisdiction's standards must require
the participating jurisdiction to ensure that a replacement reserve is established and
monthly payments are made to the reserve that are adequate to repair or replace the
systems as needed. For homeownership housing, the participating jurisdiction's standards
must require, upon project completion, each of the major systems to have a remaining
useful life for a minimum of five years or for such longer period specified by the
participating jurisdiction, or the major systems must be rehabilitated or replaced as part of
the rehabilitation work.
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(iii) Lead -based paint. The participating jurisdiction's standards must require the housing
to meet the lead -based paint requirements at 24 CFR part 35.
(iv) Accessibility. The participating jurisdiction's standards must require the housing to
meet the accessibility requirements in 24 CFR part 8, which implements Section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. 794), and Titles II and III of the Americans
with Disabilities Act (42 U.S.C. 12131-12189) implemented at 28 CFR parts 35 and 36,
as applicable. Covered multifamily dwellings, as defined at 24 CFR 100.201, must also
meet the design and construction requirements at 24 CFR 100.205, which implements the
Fair Housing Act (42 U.S.C. 3601-3619). Rehabilitation may include improvements that
are not required by regulation or statute that permit use by a person with disabilities.
(v) Davis Bacon. Any HOME project where there are 12 or more HOME -assisted units,
the participating jurisdiction requires the sub -recipient to adhere to the Davis -Bacon Act
(40 U.S.C.3141)
(vi) Disaster mitigation. Where relevant, the participating jurisdiction's standards must
require the housing to be improved to mitigate the impact of potential disasters (e.g.,
earthquake, hurricanes, flooding, and wildfires) in accordance with State and local codes,
ordinances, and requirements.
(vii) State and local codes, ordinances, and zoning requirements. The participating
jurisdiction's standards must require the housing to meet all applicable State and local
codes, ordinances, and requirements or, in the absence of a State or local building code,
the International Existing Building Code of the International Code Council.
(viii) Uniform Physical Condition Standards. The standards of the participating
jurisdiction must be such that, upon completion, the HOME -assisted project and units
will be decent, safe, sanitary, and in good repair as described in 24 CFR 5.703. HUD will
establish the minimum deficiencies that must be corrected under the participating
jurisdiction's rehabilitation standards based on inspectable items and inspected areas from
HUD -prescribed physical inspection procedures (Uniform Physical Conditions
Standards) pursuant to 24 CFR 5.705.
(ix) Capital Needs Assessments. For multifamily rental housing projects of 26 or more
total units, the participating jurisdiction must determine all work that will be performed in
the rehabilitation of the housing and the long-term physical needs of the project through a
capital needs assessment of the project.
(x) Broadband Infrastructure. For new commitments made after January 19, 2017 for a
substantial rehabilitation project of a building with more than four rental units, any
substantial rehabilitation, as defined in 24 CFR 5.100, must provide for installation of
broadband infrastructure, as this term is also defined in 24 CFR 5.100, except where the
participating jurisdiction determines and, in accordance with §92.508(a)(3)(iv),
documents the determination that:
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(A) The location of the substantial rehabilitation makes installation of broadband 1607
infrastructure infeasible;
(B) The cost of installing broadband infrastructure would result in a fundamental
alteration in the nature of its program or activity or an undue financial burden; or
(C) The structure of the housing to be substantially rehabilitated makes installation of
broadband infrastructure infeasible.
(2) Construction documents and cost estimates. The participating jurisdiction must ensure
that the work to be undertaken will meet the participating jurisdiction's rehabilitation
standards. The construction documents (i.e., written scope of work to be performed) must
be in sufficient detail to establish the basis for a uniform inspection of the housing to
determine compliance with the participating jurisdiction's standards. The participating
jurisdiction must review and approve a written cost estimate for rehabilitation after
determining that costs are reasonable.
(3) Frequency of inspections. The participating jurisdiction must conduct an initial
property inspection to identify the deficiencies that must be addressed. The participating
jurisdiction must conduct progress and final inspections to determine that work was done
in accordance with work write-ups.
5.2 Project Requirements for SUBRECIPIENTS - 24 CFR 92.252
The SUBRECIPIENT is required to conform to the following requirements and regulations
as stated below:
24 CFR 92.252(h) Tenant Income and (i) Over -income tenants.
(h) Tenant income. The income of each tenant must be determined initially in accordance
with §92.203(a)(1)(i). In addition, each year during the period of affordability the project
owner must re-examine each tenant's annual income in accordance with one of the
options in §92.203 selected by the participating jurisdiction. An owner of a multifamily
project with an affordability period of 10 years or more who re-examines tenant's annual
income through a statement and certification in accordance with §92.203(a)(1)(ii), must
examine the income of each tenant, in accordance with §92.203(a)(1)(i), every sixth year
of the affordability period. Otherwise, an owner who accepts the tenant's statement and
certification in accordance with §92.203(a)(1)(ii) is not required to examine the income
of tenants in multifamily or single-family projects unless there is evidence that the
tenant's written statement failed to completely and accurately state information about the
family's size or income.
(i) Over -income tenants. (1) HOME -assisted units continue to qualify as affordable
housing despite a temporary noncompliance caused by increases in the incomes of
existing tenants if actions satisfactory to HUD are being taken to ensure that all vacancies
are filled in accordance with this section until the noncompliance is corrected.
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(2) Tenants who no longer qualify as low-income families must pay as rent the lesser of
the amount payable by the tenant under State or local law or 30 percent of the family's
adjusted income, except that tenants of HOME -assisted units that have been allocated
low-income housing tax credits by a housing credit agency pursuant to section 42 of the
Internal Revenue Code of 1986 (26 U.S.C. 42) must pay rent governed by section 42. In
addition, in projects in which the Home units are designated as floating pursuant to
paragraph 0) of this section, tenants who no longer qualify as low-income are not
required to pay as rent an amount that exceeds the market rent for comparable, unassisted
units in the neighborhood.
5.3 Affordability Requirements
LONG TERM AFFORDABILITY
The HOME -assisted housing must meet the affordability requirements for not less than the
applicable period specified in the following table, beginning after project completion. The
per unit amount of HOME funds and the affordability period that they trigger are described
more fully below under Recapture Provisions.
HOME Required Affordability Period Rental
Affordability Periods (§92.252(e))
Minimum period of
affordability in years
Rehabilitation or acquisition of existing housing per unit
amount of HOME funds: Under $15,000
5
$15,000 to $40,000
10
Over $40,000 or rehabilitation involving refinancing
15
New construction or acquisition of newly constructed
housing
20
5.4 HOME Per -Unit Subsidy Requirements
Due to the discontinuation of the Section 221(d)(3) mortgage insurance program, alternate
maximum per -unit subsidy limits must be used for the HOME Program. HUD is required
to undertake rulemaking to establish new maximum per -unit subsidy limits for the HOME
Program because it is no longer updating and publishing limits for the Section 221(d)(3)
mortgage insurance program. Until a new rule can be published, HUD published a Notice
establishing an interim policy that Field Office staff and participating jurisdictions (PJs)
must follow, directing PJs to use the Section 234-Condominium Housing basic mortgage
limits, for elevator -type projects, as an alternative to the Section 221(d)(3) limits in order
to determine the maximum amount of HOME funds a PJ may invest on a per -unit basis in
HOME -assisted housing projects. This interim policy remains in effect until the effective
date of the new final rule provisions, amending the existing provisions of 24 CFR
92.250(a). HOME per -unit subsidy limit at 240 percent of the Section 234 basic mortgage
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limit. Annual Section 234-Condominium Housing basic mortgage limits, for elevator -type
projects can be found at:
https://www.hudexchange.info/resource/2315/home-per-unit-subsidy/
The maximum subsidy for �34-Condominium Housing Units is as follows;:
Bedrooms
Non -Elevator
Elevator
�0
1$59,338 1
$62,445 1
11
�$68,418
1$71,584
0
�$82,514
�$87,047
13
J$105,621
�$112,611
4+
�$117,666
I$123,611
As a rental rehabilitation housing project, the Affordability Period during which
SUBRECIPIENT must maintain compliance with all applicable HOME rules shall be a
maximum of fifteen (15) years depending on the amount assisted per unit. The
Affordability Period will not commence until the Project has met the requirements for
Project Completion outlined in 24 CFR 92.2, which will require that construction be
complete, all HOME funds have been disbursed by the COUNTY and drawn from the US
Treasury, and required completion data has been entered in HUD's IDIS Federal Reporting
System. The COUNTY will notify the SUBRECIPIENT of the actual date of completion
and the exact date of the expiration of the affordability period, which shall be calculated
based on the date of completion. The COUNTY will record a covenant running with the
land, in form satisfactory to the COUNTY that provides a means for enforcement of the
affordability restrictions of 24 CFR 92.252. The covenant will be recorded senior to all
other financing liens, including the first -position mortgage referenced above, and be
enforceable against all successors in interest to Collier County. If necessary, the COUNTY
may execute an amendment to the Covenant Running with the Land that extends the
affordability restrictions of 24 CFR 92.252 to the exact date of expiration of the
affordability period. Failure of the project to meet all applicable HOME requirements for
the entire Affordability Period will result in a requirement that all HOME funds be repaid
by the SUBRECIPIENT to the COUNTY.
5.5 Repayment Provisions
Any HOME funds invested in housing that does not meet the affordability requirements
for the period specified in 24 CFR 92.252 must be repaid, in full, by the
SUBRECIPIENT.
Any HOME funds invested in this Agreement that is terminated before completion, either
voluntarily or otherwise, must be repaid, in full, by the SUBRECIPIENT. In addition,
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any HOME funds used for costs that are not eligible tinder this part must be repaid, in
full, by the SUBRECIPIENT.
5.6 Project Requirements for SUBRECIPIENTS - 24 CFR 92.
The SUBRECIPIENT is required to conform to the following requirements and regulations
as stated below:
24 CFR 92.253 Tenant protections and selection.
(a) Lease. There must be a written lease between the tenant and the owner of rental
housing assisted with HOME funds that is for a period of not less than 1 year, unless
by mutual agreement between the tenant and the owner a shorter period is specified.
The lease must incorporate the VAWA lease term/addendum required under
§92.359(e), except as otherwise provided by §92.359(b)
(b) Prohibited lease terms. The lease may not contain any of the following provisions:
1. Agreement to be sued. Agreement by the tenant to be sued, to admit guilt, or to
a judgment in favor of the owner in a lawsuit brought in connection with the
lease.
2. Treatment of property. Agreement by the tenant that the owner may take, hold,
or sell personal property of household members without notice to the tenant and
a court decision on the rights of the parties. This prohibition, however, does not
apply to an agreement by the tenant concerning disposition of personal property
remaining in the housing unit after the tenant has moved out of the unit. The
owner may dispose of this personal property in accordance with State law.
Excusing owner from responsibility. Agreement by the tenant not to hold the
owner or the owner's agents legally responsible for any action or failure to act,
whether intentional or negligent.
4. Waiver of notice. Agreement of the tenant that the owner may institute a lawsuit
without notice to the tenant.
5. Waiver of legal proceedings. Agreement by the tenant that the owner may evict
the tenant or household members without instituting a civil court proceeding in
which the tenant has the opportunity to present a defense, or before a court
decision on the rights of the parties.
6. Waiver of a jury trial. Agreement by the tenant to waive any right to a trial by
jury.
7. Waiver of right to appeal court decision. Agreement by the tenant to waive the
tenant's right to appeal, or to otherwise challenge in court, a court decision in
connection with the lease.
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8. Tenant chargeable with cost of legal actions regardless of outcome. Agreement
by the tenant to pay attorney's fees or other legal costs even if the tenant wins in
a court proceeding by the owner against the tenant. The tenant, however, may be
obligated to pay costs if the tenant loses.
9. Mandatory supportive services. Agreement by the tenant (other than a tenant in
transitional housing) to accept supportive services that are offered.
(c) Termination of tenancy. An owner may not terminate the tenancy or refuse to renew
the lease of a tenant of rental housing assisted with HOME funds, except for serious
or repeated violation of the terms and conditions of the lease; for violation of
applicable Federal, State, or local law; for completion of the tenancy period for
transitional housing or failure to follow any required transitional housing supportive
services plan; or for other good cause. Good cause does not include an increase in
the tenant's income or refusal of the tenant to purchase the housing. To terminate or
refuse to renew tenancy, the owner must serve written notice upon the tenant
specifying the grounds for the action at least 30 days before the termination of
tenancy.
(d) Tenant selection. An owner of rental housing assisted with HOME funds must
comply with the affirmative marketing requirements established by the participating
jurisdiction pursuant to § 92.351(a). The owner must adopt and follow written tenant
selection policies and criteria that:
1. Limit the housing to very low-income and low-income families; as evidenced by
income verification documentaton prior to occupancy and annually thereafter to
be retained in the SUBRECIPIENT client file and validated by the COUNTY's
Grant Compliance Unit at the interim and close out monitoring.
2. Are reasonably related to the applicants' ability to perform the obligations of the
lease (i.e., to pay the rent, not to damage the housing; not to interfere with the
rights and quiet enjoyment of other tenants).
Limit eligibility or give a preference to a particular segment of the population, if
permitted in its written agreement with the participating jurisdiction (and only if
the limitation or preference is described in the participating jurisdiction's
consolidated plan).
(i) Any limitation or preference must not violate nondiscrimination
requirements in § 92.350. A limitation or preference does not violate
nondiscrimination requirements if the housing also receives funding from a
Federal program that limits eligibility to a particular segment of the
population (e.g., the Housing Opportunity for Persons with AIDS program
under 24 CFR part 574, the Shelter Plus Care program under 24 CFR part
582, the Supportive Housing program under 24 CFR part 583, supportive
housing for the elderly or persons with disabilities under 24 CFR part 891),
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and the limit or preference is tailored to serve that segment of the
population.
(ii) If a project does not receive funding from a Federal program that limits
eligibility to a particular segment of the population, the project may have a
limitation or preference for persons with disabilities who need services
offered at a project only if:
(A) The limitation or preference is limited to the population of
families (including individuals) with disabilities that significantly
interfere with their ability to obtain and maintain housing.
(B) Such families will not be able to obtain or maintain themselves
in housing without appropriate supportive services.
(C) Such services cannot be provided in a nonsegregated setting.
The families must not be required to accept the services offered at
the project. In advertising the project, the owner may advertise the
project as offering services for a particular type of disability;
however, the project must be open to all otherwise eligible persons
with disabilities who may benefit from the services provided in the
project.
4. Do not exclude an applicant with a certificate or voucher under the Section 8
Tenant -Based Assistance: Housing Choice Voucher Program (24 CFR part
982) or an applicant participating in a HOME tenant -based rental assistance
program because of the status of the prospective tenant as a holder of such
certificate, voucher, or comparable HOME tenant -based assistance document.
5. Provide for the selection of tenants from a written waiting list in the
chronological order of their application, insofar as is practicable.
6. Give prompt written notification to any rejected applicant of the grounds for
any rejection.
7. Comply with the VAWA requirements prescribed in § 92.359.
24 CFR 92.354 Labor
(a) General.
(1) Every contract for the construction (rehabilitation or new construction) of
housing that includes 12 or more units assisted with HOME funds must contain a
provision requiring the payment of not less than the wages prevailing in the
locality, as predetermined by the Secretary of Labor pursuant to the Davis -Bacon
Act (40 U.S.C. 3141), to all laborers and mechanics employed in the development
of any part of the housing. Such contracts must also be subject to the overtime
provisions, as applicable, of the Contract Work Hours and Safety Standards Act
(40 U.S.C. 3701).
Page 38 of 57
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(2) The contract for construction must contain these wage provisions if HOME
funds are used for any project costs in §92.206, including construction or
nonconstruction costs, of housing with 12 or more HOME -assisted units. When
HOME funds are only used to assist homebuyers to acquire single-family housing,
and not for any other project costs, the wage provisions apply to the construction
of the housing if there is a written agreement with the owner or developer of the
housing that HOME funds will be used to assist homebuyers to buy the housing
and the construction contract covers 12 or more housing units to be purchased with
HOME assistance. The wage provisions apply to any construction contract that
includes a total of 12 or more HOME -assisted units, whether one or more than one
project is covered by the construction contract. Once they are determined to be
applicable, the wage provisions must be contained in the construction contract so
as to cover all laborers and mechanics employed in the development of the entire
project, including portions other than the assisted units. Arranging multiple
construction contracts within a single project for the purpose of avoiding the wage
provisions is not permitted.
(3) Participating jurisdictions, contractors, subcontractors, and other participants
must comply with regulations issued under these acts and with other Federal laws
and regulations pertaining to labor standards, as applicable. Participating
jurisdictions shall be responsible for ensuring compliance by contractors and
subcontractors with labor standards described in this section. In accordance with
procedures specified by HUD, participating jurisdictions shall:
(i) Ensure that bid and contract documents contain required labor
standards provisions and the appropriate Department of Labor wage
determinations;
(ii) Conduct on -site inspections and employee interviews;
(iii) Collect and review certified weekly payroll reports;
(iv) Correct all labor standards violations promptly;
(v) Maintain documentation of administrative and enforcement activities;
and
(vi) Require certification as to compliance with the provisions of this
section before making any payment under such contracts.
(b) Volunteers. The prevailing wage provisions of paragraph (a) of this section do not
apply to an individual who receives no compensation or is paid expenses,
reasonable benefits, or a nominal fee to perform the services for which the
individual volunteered and who is not otherwise employed at any time in the
construction work. See 24 CFR part 70.
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(c) Sweat equity. The prevailing wage provisions of paragraph (a) of this section do
not apply to members of an eligible family who provide labor in exchange for
acquisition of a property for homeownership or provide labor in lieu of, or as a
supplement to, rent payments.
5.7 Recapture Provisions
This Agreement will follow the published policy in the applicable Action Plan for
recapture.
(Signature Page to Follow)
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IN WITNESS WHEREOF, the SUBRECIPIENT and the COUNTY, have each,
respectively, by an autliorized•person or agent, hereunder set their hands and seals on the date first
written above.
ATTEST; BOARD OF COUNTY COMMISSIONERS
CRYSTAL, K. KINHL,� I?4 ; OF COLLIER COUNTY, FLORIDA
By:
�n S. '
2OURL. SAUNDERS, CHAIRMA
'kinndure only.
/ [COLLIER COUNTY HOUSING
Dated: l �i�Z oz .0> AUTHORITY
(SEAL)
By
'OSCAR HENT CHEL, EXECUTIVE
DIRECTOR
Dated: � [ /wo? V
Approved as to form and legality: D
Jennifer A. Belpedio
Assistant County Attorney
Date: I1 4'ao2
item #
Agenda
Date
Date
Redd
Page 41 of 57
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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.
Automobile Liability Insurance covering all owned, non -owned and hired vehicles
used in connection with this contract in an amount not less than $1,000,000
combined single limit for combined Bodily Injury and Property Damage. Collier
County shall be named as an additional insured.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be
provided as follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed
design professional employed by the SUBRECIPIENT in an amount not less than
$1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the
SUBRECIPIENT and/or the design professional shall become legally obligated to
pay as damages for claims arising out of the services performed by the
SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection
with this contract. This insurance shall be maintained for a period of two (2) years
after the certificate of Occupancy is issued. Collier County shall be named as an
additional insured.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide or
cause its Subcontractors to provide original certificates indicating the following types of
insurance coverage prior to any construction:
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
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area identified by the Federal Emergency Management Agency (FEMA) as having
special flood hazards, flood insurance under the National Flood Insurance Program
is obtained and maintained as a condition of financial assistance for acquisition or
construction purposes (including rehabilitation).
OPERATION/MANAGEMENT PHASE (IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance
must be kept in force throughout the duration of the loan and/or contract:
7. Workers' Compensation as required by Chapter 440, Florida Statutes.
8. Commercial General Liability including products and completed operations
insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate.
Collier County must be shown as an additional insured with respect to this
coverage.
9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles
used in connection with this contract in an amount not less than $1,000,000
combined single limit for combined Bodily Injury and Property Damage. Collier
County as an additional insured.
10. Property Insurance coverage on an "All Risk" basis in an amount not less than one
hundred (100%) of the replacement cost of the property. Collier County must be
shown as a Loss payee with respect to this coverage A.T.I.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard
zone for the full replacement values of the structure(s) or the maximum amount of
coverage available through the National Flood Insurance Program (NFIP). The
policy must show Collier County as a Loss Payee A.T.I.M.A.
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EXHIBIT 6613"
COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION (CHS)
SECTION I: REQUEST FOR PAYMENT
Sub recipient Name: ICollier,County Housing Authority
Sub recipient Mailing Address: 1 1800 Farm Worker Way, Immokalee, FL 34142
Project Name: Collier County Housing Authority - HVAC
Agreement No: HM19-02_1Payment Request #
Total Payment Minus Retainage: $
Period of Availability: through
Period for which Agency has incurred indebtedness: through
SECTION II: STATUS OF FUNDS
1.
Grant Amount Awarded $
2.
Sum of Past Claims Paid on this Account $
3.
Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account $
4.
Amount of Previous Unpaid Requests $
5.
Amount of Today's Request $
6.
10% Retainage Amount Withheld
7.
Current Grant Balance (Initial Grant Amount
Awarded Less Sum of all requests) $
I certify that this request for payment has been 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
Grant Coordinator
Supervisor
Dept Director
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ICCHA HM 19-02
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Date
Grant Accountant
(approval required $15,000 and above)
(approval required $15,000 and above)
1607
EXHIBIT B-1
MATCH FORM
COLLIER COUNTY REQUEST FOR MATCH
SECTION 1: REQUEST FOR PAYMENT
Subrecipient Name:
lCollier County Housing Authority
Subrecipient Address:
11800 Farm Worker Way,Immokalee FL 34142
Project Name:
'HVAC
Project Number:
MH 19-02
j
Match Request #
Match Amount Request Today:
$
SECTION 2: STATUS OF FUNDS
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 SUBRECIPIENT/ DEVELOPER. To
the best of my knowledge and belief, all grant requirements have been followed.
Signature
Title
Authorizing Grant Coordinator
Supervisor
JCCHA HM19-02
HVAC Rehab
Date
Authorizing Grant Accountant
Department Director
Page 45 of 57
1607
EXHIBIT "C"
QUARTERLY PERFORMANCE REPORT
Agency Name: lCollier
County Housing Authority
Date:
Project Title:
ehab - HVAC
IDIS #:
1616
Program Contact:
I Oscar Hentschel
Telephone Number:
239-657-3649
The Subrecipient shall submit quarterly reports to Grantee based on the following schedule.
Reports shall be submitted according to this schedule as long as this Agreement is in force:
Activity Reporting Period
Report Due Date
October 1 st — December 31 st
January 10`h
January 31 st — March 31 s`
Aril 10`h
April ls` — June 30`h
July 10`h
July 1s` —September 30`h
October 10`h
Date Submitted:
Activity Reporting Period:
Contact Person:
Telephone:
Email:
GENERAL
1. Activity Status or Milestones — describe any significant actions taken or outcomes achieved
during this reporting period.
2. Future Actions — what significant actions or outcomes are expected during the next
reporting period?
3. Obstacles — describe any potential obstacles, challenges, or issues that may cause delay.
Page 46 of 57
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PERFORMANCE MEASURES/GOALS
1.
Please list the outcome goal(s) from your approved application and SUBRECIPIENT
agreement and indicate your progress in meeting those goals since March 24, 2020.
a.
Outcome Goals: list the outcomegoal(s) from your SUBRECIPIENT agreement
Outcome 1:
At least 49 families will benefit from HVAC units
Outcome 2:
o more than 4 units can be occupied by families between 60-80% AMI
Outcome 3:1
At least 45 units must be occupied by families at or below 60% of AMI
b.
Goal Progress: Indicate the progress to date in meeting each outcome goal.
Outcome 1:
Outcome 2:
Outcome 3:
2.
1 Is this project still in compliance with the original project schedule: Yes No
If No, Explain:
ACTIVITY STATUS
Complete the following information by entering the appropriate numbers for this reporting period
in the tables below. Do not duplicate information from previous reporting periods.
Activity
This Reporting Period
No. Active Projects
No. Projects Complete
No. Properties Sold
TOTAL
HOUSEHOLD INFORMATION
Complete these tables for those properties sold during this reporting period.
Household Data
This Reporting Period
No. Extremely -Low Income Households 0-30% AMI
No. Very -Low Income Households 31-60% AMI
No. Low -Income Households 61-80% AMI
No. Female Head of Households
TOTAL
Page 47 of 57
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RACE AND ETHNICITY BENEFICIARIES
Race
Total
No. Hispanic
White
Black or African American
Asian
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
American Indian/Alaska Native and White
Asian and White
Black/African American and White
American Indian/Alaskan Native and Black/African
American
Other Multi -Racial
TOTAL
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EXHIBIT "D"
INCOME CERTIFICATION
INSTRUCTIONS
Submit completed form, including appropriate supporting documentation to Grantee to obtain approval
prior to the sale or lease of a property associated with this Agreement to an eligible person or household.
Effective Date:
A. Household Information
Member
Names — All Household Members
Relationship
Age
1
2
3
4
5
6
7
8
B. Assets: All Household Members, Including Minors
Member
Asset Description
Cash Value
Income
from Assets
1
2
3
4
5
6
7
8
Total Cash Value of Assets B(a)
Total Income from Assets B(b)
If line B(a) is greater than $5,000, multiply that amount by the rate specified
by HUD (applicable rate 2.0%) and enter results in B(c), otherwise leave
blank. B(c)
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C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of
Minors
Member
Wages /
Benefits /
Public
Other
Salaries
Pensions
Assistance
Income
(include tips,
Asset
commissions,
Income
bonuses, and
overtime)
(Enter the
I
greater of
2
box B(b)
3
or box
4
B(c),
above, in
5
box C(e)
6
below)
7
8
(a)
(b)
(c)
(d)
(e)
Totals
Enter total of items C(a) through C(e).
This amount is the Annual Anticipated Household Income.
D. Recipient Statement: The information on this form is to be used to determine maximum income
for eligibility. I/we have provided, for each person set forth in Item A, acceptable verification of
current and anticipated annual income. I/we certify that the statements are true and complete to the
best of my/our knowledge and belief and are given under penalty of perjury.
WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and assets or
liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided
under S. 775.082 and 775.083.
Signature of Head of Household Date
Signature of Spouse or Co -Head of Household
Adult Household Member (if applicable)
Adult Household Member (if applicable)
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Date
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E. HOME Grantee Statement: Based on the representations herein, the family or individual(s)
named in Item A of this Income Certification is/are eligible under the provisions of the HOME.
The family or individual(s) constitute(s) a:
Extremely -Low Income (ELI) Household means and individual or family whose annual
income does not exceed 30 percent of the area median income as determined by the U.S.
Department of Housing and Urban Development with adjustments for household size.
(Maximum Income Limit $ ).
Very Low -Income (VLI) Household means and individual or family whose annual
income does not exceed 60 percent of the area median income as determined by the U.S.
Department of Housing and Urban Development with adjustments for household size.
(Maximum Income Limit $ ).
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 HOME Administrator or His/Her Designated Representative:
Signature
Date
Printed Name
F. Household Data
Title
Number of Persons
By Race / Ethnicity
By Age
Native
American
Hawaiian or
Asian
Black
White
Other
0 — 25
26 — 40
41 — 61
62+
Indian
Other Pac.
Islander
Hispanic
Non -
Hispanic
NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No occupant is
required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she
has an occupant.
Page 51 of 57
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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 organizations compliance. In determining Federal awards expended in a
fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award
occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended
shall be in accordance with 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
Total State Financial Assistance Expended during most
most recently completed Fiscal Year
recently completed Fiscal Year
Check A. or B. Check C if applicable
A.The federal/state expenditure threshold for our fiscal year ending as indicated above has been met and a
❑
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 requirement 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
6/ 18
Page 52 of 57
CCHA HM 19-02
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16D7
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1607
SPECIFIC HOME -ASSISTED PROJECT COMMITMENT
DATE: May 18, 2020 PROJECT NAME: Rehabilitation — Farm Worker
Village
SUBRECIPIENT: Collier County Housing PROJECT ADDRESS: 1800 Farm Workers
Authority Way, Immokalee, FL 34142
HOME COMMITMENT AMOUNT:
$500,000.00
This Agreement shall serve as Collier County's (herein referred to as the "COUNTY") official
financial commitment to Collier County Housing Authority (herein referred to as the
"SUBRECIPIENT") for Rehabilitation — Farm Worker Village (HOME -assisted activity) at the
address noted above.
The COUNTY has determined the above -mentioned project has been reviewed and meets the
HOME requirements for committing funds to a specific HOME Program project, in accordance
with the definition of commitment at 24 CFR 92.2 and the subsidy layering and underwriting
requirements at 24 CFR 92.250(b).
The COUNTY proposes to provide approximately $500,000 dollars in HOME Program funds. The
HOME Program funds committed to this project will be subject to a 10-year affordability period.
The affordability restriction, in the form of a Deed Restriction and a Deed to Secure Debt and
Security Agreement, will be placed on this property utilizing these funds.
The percentage of HOME Program funds utilized versus the total project cost, this "pro-rata"
number will be used to determine the total number of HOME -assisted units for this project. As
such the total number of HOME -assisted units for this project will be at least 49. These units will
be reserved for clients who meet the HUD HOME Program income limit requirement throughout
the affordability period. The terms and conditions as listed in the Subrecipient Amendment shall
remain in effect.
This specific HOME -Assisted Project Commitment is intended to implement the Agreement,
dated JLL1�_� 2020, as it may be amended or modified between the
COUNTY and the SUBRECIPIENT. Should a conflict arise between the Specific HOME -
Assisted Project Commitment and the Subrecipient Agreement, the executed Subrecipient
Agreement will prevail.
Collier County Housing Authority ray
HM 19-02
1 �
1607
Please indicate your acceptance of this HOME -Assisted Project Commitment by executing this
Commitment in the space provided below.
The terms and conditions of this Commitment are hereby accepted under seal as of the A
day of , 2020.
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:,
.Crystat'K�-G&el, CLERK
r,
IV11, .49oAre only.
Dated:
(SEAL)
Approved as to form and legality:
___ --- ---- -----------------
Jennifer A. Belpedio
Assistant County Attorney
Date:
Collier County I lousing Authority
FIN]19-02
2
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
A - _V, V--4'
By. ---
-- ---
ur L. Saunders, Chairman
Date: I 1 VD,
COLLIER COUNTY HOUSING
AUTHORITY
Date:_____ - '-A�-- ? ?,-ez o � z .