The URL can be used to link to this page

Backup Documents 06/23/2020 Item #11J (Residential Options of Florida, Inc. - CHDO)ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 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 exce tion of the Chairman's signature, draw a line through routing lines # 1 through #2, complete the checklist, and forward to the County orney Office. Route to Addressees (List in routing order) Office Initials Date 1. Susan Golden Community and Human Services 06/18/20 2. Jennifer Belpedio County Attorney Office pia /a 3 Z 3. BCC Office Board of County Commissioners 4. Minutes and Records Clerk of Court's Office om PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above. may need to contact staff for additional or missing information. Name of Primary Staff Susan Golden/CHS Phone Number 252-2336 Contact / Department Agenda Date Item was 06/23/2020 Agenda Item Number 1 . 7 Approved by the BCC Type of Document 12 subrecipient agreements for HUD tided Number of Original 3 greements x 3 Attached activities in FY 2020-2021 Documents Attached sets each t j PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not a ro riate. t'VNA licable 1. Does the document require the chairman's original signature? P 2. Does the document need to be sent to another agency for additional signatures? If yes, 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 SG 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 NA 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 SG 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 SG signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip NA 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 06/2 /2019 nd all changes made during the SG N/A i ; t meeting have been incorporated in the attached d ument. The County Attorney's an option for Office has reviewed the changes, if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the SG N/A is not BCC, all changes directed by the BCC have been made, and the document is ready for the an for Chairman's signature. t ��nof v)hr f'ea.i C /A VSC 4o C �L-tcle R C CV✓a IL,-- r3pa l i -/,e rv7 --&—• 771i'Y i`s not c vn4 Yj� 1 c 4� �,ept�c I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 Cl oe �F+ �� 'f' CL �l l� �v✓7"'� f r �C /TG �i'0+�. �� 6/ .A r:.i- , IIJ MEMORANDUM Date: July 28, 2020 To: Susan Golden, Senior Grants & Housing Coordinator Community & Human Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Subrecipient Agreement between Collier County and Residential Options of Florida, Inc. (ROOF) Attached, please find (2) two original copies of the subrecipient Agreement referenced above, approved by the Board of County Commissioners (Item #11J) on Tuesday, June 23, 2020. The third original agreement will be held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachments (2) I I i FAIN# M-20-UC-12-0217 Federal Award Date Anticipated 10/20 Federal Award Agency HUD CFDA Name Home Investment Partnership HOME CFDA/CSFA# 14.239 Total Amount of Federal Funds Awarded $36,555.00 CHDO Name Residential Options of Florida, Inc. ROOF DUNS# 081166518 FEIN# 47-1232139 R&D No Indirect Cost Rate No Period of Performanee October 1, 2020 — September 30, 2021 Fiscal Year End 12/31 Monitor End Date 12/21 AGREEMENT BETWEEN COLLIER COUNTY AND RESIDENTIAL OPTIONS OF FLORIDA, INC. (ROOF) Community Housing Development Organization (CHDO) Operating Expenses THIS AGREEMENT is made and entered into this;_ day of b1.V1 , 2020, by and between COLLIER COUNTY, a political subdivision of the State of Florida, (COUNTY or Grantee) having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and RESIDENTIAL OPTIONS OF FLORIDA, INC. (ROOF)(CHDO) a private not -for -profit corporation existing under the laws of the State of Florida, having its principal office at 3050 Horseshoe Drive North, Suite 285, Naples, FL 34104. 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 (Board) approved the Collier County Consolidated Plan One -Year Action n fa - Federal Fiscal Year 2020-2021 for the HOME Program on June 23, 2020-Agenda Item d ` `. �� ` 0� 9 WHEREAS, HUD has approved the Coun 's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2020-2021 for the HOME Program and the use of the HOME funds for the activities identified in the Plan; and ROOF HM20-03 CHDO Paget of42 r;� I I J WHEREAS, the COUNTY is certifying RESIDENTIAL OPTIONS OF FLORIDA, INC. (ROOF) as a Community Housing Development Organization (CHDO), for the purpose of this Agreement: and WHEREAS, the CHDO warrants and represents that CHDO, through this Agreement, is a not -for -profit organization established to develop and expand affordable housing throughout Collier County; and WHEREAS, the CHDO warrants and represents that CHDO, through this Agreement, will be engaged in the development or ownership of housing that is designed to assist low income households, as defined by HUD; and WHEREAS, the CHDO warrants that CHDO has adopted articles of incorporation, by- laws of the organization, board resolution or charter which specifically states CHDO's commitment to the development of affordable housing; and WHEREAS, the CHDO has demonstrated affordable housing development experience, and knowledgeable, skilled and experienced staff capable of undertaking a development of the same size, scope and level of complexity, as the project CHDO will be authorized to undertake, under the requirements of this agreement; and WHEREAS, the CHDO warrants that its Board structure reflects the affordable housing interests in Collier County, otherwise meets the regulatory requirements of the HOME Program, has a minimum one third of its Board members consisting of either residents of low-income neighborhoods, in Collier County, low income residents, or elected representatives of low- income neighborhood organizations, and has by-laws or a board resolution describing the process for obtaining input from low-income neighborhoods or residents, and not more than one third of its Board members are from the public sector; and WHEREAS, the COUNTY and the CHDO desire to provide the activities specified in this Agreement, in accord with the approved One -Year Action Plan; and WHEREAS, the COUNTY desires to engage the CHDO 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 SCOPE OF WORK The CHDO 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 Services (CHS), perform the tasks necessary to conduct the program as follows: ROOF HM20-03 CHDO Page 2 of 42 11J CHS, as an administrator of the HOME program, will make available HOME funds up to the gross amount of THIRTY-SIX THOUSAND FIVE HUNDRED FIFTY-FIVE DOLLARS AND ZERO CENTS ($36,555.00) to RESIDENTIAL OPTIONS OF FLORIDA, INC. (ROOF) to fund the operating expenses of the CHDO. CHDO will not receive funding in any fiscal year in an amount that provides more than 50 percent or $50,000, whichever is greater, of the CHDO's total operating expenses in that fiscal year. 1.1 SPECIAL GRANT CONDITIONS ROOF HM20-03 CHDO A. Within sixty (60) calendar days of the execution of this Agreement, the CHDO must deliver to CHS, for approval, a detailed project schedule. B. The following resolutions and policies must be submitted within thirty (60) days of conveyance: ❑ Affirmative Fair Housing Policy ❑ Marketing Plan ® Affirmative Action/Equal Opportunity Policy ® Conflict of Interest ® Sexual Harassment Policy ® Procedure 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) ® Procedures for compliance with Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) ® Fraud Policy ® VAWA notices and emergency transfer plan, as set forth in 24 CFR Part 5, Subpart L (Protection for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking) ® Limited English Proficiency (LEP) Policy C. Persons who, as a result of national origin, do not speak English as their primary language and who have limited ability to speak, read, write, or understand English ("limited English proficient persons" or LEP) may be entitled to language assistance under Title VI in order to receive a particular service, benefit, or encounter. In accordance with Title VI of the Civil Rights Act of 1964 (Title VI) and its implementing regulations, the CHDO agrees to take reasonable steps to ensure meaningful access to activities funded with HOME Funds, by LEP persons. Any of the following actions could constitute "reasonable steps", depending on the circumstances: acquiring translators to translate vital documents; advertisements, or notices; acquiring interpreters for face to face interviews with LEP persons; placing advertisements and notices in newspapers that serve LEP persons; partnering with other organizations that serve LEP populations to provide interpretation, translation, or dissemination of information regarding the project; hiring bilingual employees or volunteers for outreach and intake activities; contracting with a telephone line interpreter service; etc. Page 3 of 42 I I i 1.2 PROJECT DETAILS A. Project Description/Project Budget The CHDO Program: a. Operating funds to allow ROOF to build capacity to develop, own and operate affordable housing 2020-2021 Action Plan identified and approved the Project to perform the tasks necessary to conduct the program as follows: Community Housing Development Organization Federal Funds Match Liability Project Component 1: Employee salaries $36,555.00 Match exempt to include, but not limited to, employee salaries, wages, benefits and other employee compensation Grand Total 1 $36,555.00 1 Match Exem t The CHDO will accomplish the following project tasks: Project Tasks l . Maintain documentation on all expenses funded by this award. 2. Provide Quarterly reports on project status and meeting an eligible activity. 3. Required attendance by a representative of CHDO's Executive Management at each Quarterly Partnership Meeting. 4. Submit invoices to CHS for operating costs. B. Project Outcome The CHDO will use the funding to pay for reasonable and necessary costs for the operation of the CHDO. Such costs may include, but not limited to, employee salaries, wages, benefits and other employee compensation. C. Performance Deliverables The Following Table Details the Project Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies as stated in this Within sixty (60) days of Policies Section 1.1 Agreement Agreement Execution Insurance Insurance Certificate Exhibit Within thirty 30 days of ROOF HM20-03 CHDO Page 4 of 42 I I J A) Agreement execution, and within thirty (30) days of renewal Income Documentation Exhibit E N/A Submission of Progress Exhibit C & D Quarterly on the 10`' of the Report month following the end of the quarter, and a final report due upon completion of the project Section 3 Report Quarterly report of new hire Quarterly, on the 10`1' of the information month, following the end of the quarter Financial and Compliance Exhibit F Annually 9 months after FY Audit for Single Audit OR 180 days after FY end D. Payment Deliverables The Following Table Details the Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component One: Submission of supporting documents must be provided Monthly by the 10`h of the month following the month Employee salaries to include, but not limited to, employee as backup as evidenced by of service salaries, wages, benefits and timesheets, payroll registers, other employee banking documents, and any compensation. additional documents as needed. Final 10% released upon completion of project tasks listed in 1.2.A. 1.3 PERIOD OF PERFORMANCE ROOF HM20-03 CHDO CHDO services shall begin on October 1, 2020 and end on September 30, 2021. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the CHDO remains in control of HOME funds or other HOME assets, including program income. However, no program costs can be incurred until an environmental review of the proposed project is completed and approved by HUD. Further, the CHDO will not undertake any activity or commit any funds prior to the HUD environmental clearance of funds and a CHS Notice to Proceed (NTP) letter. Violation of this provision will result in the denial of any reimbursement of funds under this Agreement. Page 5 of 42 I I J 1.4 AGREEMENT AMOUNT ROOF HM20-03 CHDO The COUNTY agrees to make available THIRTY-SIX THOUSAND FIVE HUNDRED FIFTY-FIVE DOLLARS AND ZERO CENTS ($36,555.00) for use by the CHDO during the Term of the Agreement (hereinafter, referred to as the "Funds"). Modifications to the `Budget and Scope" may only be made, if approved in advance, by the COUNTY. Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only be made with Board approval. CHDO is not required to competitively bid but must ensure that every purchase order or contract executed for federally assisted projects comply with all other Federal requirements and applicable labor provisions. CHDO must include HUD form 4010 in each contract when contracting for services or goods related to a Federal award. Match Pursuant to 24 CFR 92.218 Match is required for HOME funds. HOME funds used for administrative and planning costs (pursuant to §92.207); CHDO operating expenses (pursuant to §92,208), CHDO capacity building (pursuant to §92.300(b)), and project specific assistance to CHDOs (pursuant to §92.301) are not required to be matched when the COUNTY waives repayment under the provisions of §92.3 0 1 (a)(3) or §92.3 0 1 (b)(3). The COUNTY shall reimburse the CHDO for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by CHS. CHDO may not request disbursement of HOME Rinds 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. Invoices for work performed are required every month. CHDO may expend funds only for allowable costs resulting from obligations incurred during the term of this Agreement. If no work has been performed during a month, or if the CHDO is not prepared to send the required backup, a $0 invoice is required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the CHDO, when requested, as work progresses, but not more frequently than once per month. Final invoices are due no Iaer than 90 days after the end of the Agreement, with the exception of retainage, which may be held beyond the end date of the Agreement until all deliverables are met. Work performed during the term of the Agreement but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days, after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to the CHDO. Page 6 of 42 Y.: No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the CHDO are governed by the Federal grant management rules for cost allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section l .5-Cost Principles) of this agreement, CHDO is defined as a described in 2 CFR 200,93, Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed tinder this Scope of Work. The CHDO can only incur direct costs that may be attributed specifically to the projects referenced above, as defined in 2 CFR 200.413. The CHDO must provide adequate documentation for validating costs incurred. Payments to CHDO'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 CHDOS and Contractors shall be in compliance with 2 CFR Subpart E-Cost Principles. The CHDO will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. 1.6 NOTICES ROOF FIM20-03 CHDO Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Carolyn Noble, Grant Coordinator Collier County Government 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: Carolyn.Noble@colliercountyfl.gov Telephone: (239) 450-5186 CHDO ATTENTION: Sheryl Soukup, Executive Director Residential Options of Florida, Inc. (ROOF) 3050 Horseshoe Road North, Suite 285 Naples, Florida 34104 Email: Sheryl@flroof.org Telephone: (239) 774-7663 Page 7 of 42 11J Fw:VIWTI 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 CHDO shall make available all records, documentation, and any other data relating to all matters covered by the Agreement for review, inspection, or audit. During the term of this Agreement, CHDO shall submit an annual audit monitoring report (Exhibit E) to the COUNTY, no later than nine (9) months after the end of the CHDO's fiscal year for a single audit (or 180 days for CHDO exempt from Single Audit). The COUNTY will conduct an annual financial and programmatic review. Any deficiencies noted in audit reports must be fully cleared by the CHDO within 30 days after receipt, by the organization. Failure of the CHDO to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The CHDO hereby agrees to have an annual agency audit conducted in accordance with current COUNTY policy concerning CHDO 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 ROOF I-IM20-03 CHDO The CHDO 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 is not Iimited to, the following: A. All records required by HOME regulations. B. CHDO 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 CHDO for this Agreement shall be made available to the COUNTY, by the CHDO, at any time, upon request by the COUNTY or CHS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be Page 8 of 42 `; 111 ROOF HM20-03 CHDO maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. D. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, the CHDO 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 24 CFR 200.333 with the following exception: if any litigation, claim, or audit is started before the expiration date of the five (5) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If the CHDO ceases to exist after the closeout of this Agreement, CHDO will notify The COUNTY, in writing, of the address where the records are to be kept as outlined in 24 CFR 200.336. CHDO will meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in possession of the CHDO upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt fiom public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY's information technology systems. IF THE CHDO HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CHDO'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-68329 Mich ael.Coxna,colliercounty l.gov, 3299 Tamiami Trail E, Naples FL 34112. E. The CHDO 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. CHDO shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the CHDO shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. F. The CHDO 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 CHDO agrees that CHS shall be the final arbiter on the CHDO's compliance. Page 9 of 42 CI' V 11J G. CHDO shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. CHDO 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 The CHDO agrees that CHS may cant' out no less than one (1) annual on -site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, it may impose a reasonable monitoring charge. Fees will be based on average staff time and costs of materials. Ongoing monitoring fees may be included in the project underwriting. Also, at the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The CHDO shall, upon the request of CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and allow for completion of required reports. The CHDO shall allow CHS or HUD to monitor the CHDO on site. Such site visits may be scheduled or unscheduled as determined by CHS or HUD. COUNTY will monitor the performance of the CHDO in an attempt to mitigate fraud, waste, abuse, or non-performance based on goals and performance standards, as stated, with all other applicable laws, regulations, and policies governing the funds provided under this Agreement, further defined by 2 CFR 200.331. Substandard performance, as determined by the CHS, will constitute noncompliance with this Agreement. If corrective action is not taken by the CHDO within a reasonable period of time after being notified by the CHS, Agreement suspension or termination procedures will be initiated. CHDO agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD AND ABUSE ROOF HM20-03 CHDO CHDO 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. CHDO's internal control systems and all transactions and other significant events are to be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. CHDO 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. CHDO shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent waste, fi-aud, and abuse. Page 10 of 42 111 CI-IDO may not discriminate against any employee or other person who reports a violation of the terms of this Agreement, or any law or regulation, to the COUNTY or to any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION ROOF I-1M20-03 CHDO Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failure to implement or make acceptable progress on such corrective action plans. In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation for noncompliance is as follows: 1. Initial noncompliance may result in Findings or Concerns being issued to the CHDO and will require a corrective action plan be submitted to CHS within 15 days following issuance of the report. 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 CHDO, as needed, in order to correct the noncompliance issue. 2. If the CHDO 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 be returned to CHS, at the discretion of the Board. o The CHDO may be considered in violation of Resolution No. 2013-228 3. If the CHDO 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 noncompliance 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 The COUNTY may require upwards of 10 percent of the award amount be returned to the COUNTY, at the discretion of the Board. o The CHDO will be considered in violation of Resolution No. 2013-228 4. If after repeated notification, the CHDO continues to be substantially noncompliant, CHS may recommend the Agreement or award be terminated. Page 1 I of 42 r- 11J o CHS will make a recommendation to the Board to immediately terminate the Agreement. The CHDO will be required to repay all funds disbursed by the COUNTY for project that was terminated. This includes the amount invested by the COUNTY for the initial acquisition of the properties or other activities. o The CHDO will be considered in violation of Resolution No. 2013-228 If the CHDO has multiple agreements with CHS and is found to be noncompliant, the above sanctions may be imposed across all awards, at the Board's discretion. 2.6 REPORTS ROOF HM20-03 CHDO 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 of this Agreement, CHDO shall submit quarterly progress reports to the COUNTY on the I0`" day of January, April, July, and October respectively for the prior quarter period end. As part of the report submitted in October, the CHDO 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 Exhibits C and D, which 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. Remainder of Page Intentionally Left Blank Page 12 of 42 I I i 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 CHDO agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 92 (the U,S, Housing and Urban Development regulations concerning HOME Investment Partnerships Program Grants, including subpart H of these regulations, except that (1) the CHDO does not assume the recipient's environmental responsibilities described in 24 CFR 93.352 and (2) the CHDO does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR 92.357. The CHDO also agrees to comply with all other applicable laws, regulations, and policies governing the funds provided under this Agreement. The CHDO 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 CHDO shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance, as the CHDO is independent of the COUNTY and an employer/employee relationship will not be created. 3.4 AMENDMENTS ROOF HM20-03 CHDO The COUNTY or CHDO 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 Board of County Commissioners. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or CHDO from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or Local governmental guidelines, policies, and available funding amounts, or for other reasons. If such amendments result in a change in funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both COUNTY and CHDO. Page 13 of 42 11J 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from HUD HOME grant funds and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between the COUNTY and HUD governing HOME funds pertaining to this Agreement. In the event of curtailment or non -production of said federal funds, the financial sources necessary to continue to pay the CHDO 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 or her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the CHDO 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 CHDO under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the CHDO 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 CHDO 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 CHDO 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 CHDO 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 the COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration or termination of this Agreement. 3.7 GRANTOR RECOGNITION/SPONSORSHIPS ROOF HM20-03 CHDO The CHDO agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports, and similar public notices whether printed or digitally prepared and released by the CHDO for, on behalf of, and/or about the Program shall include the statement: Page 14 of 42 i1J "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DEPARTMENT" and shall appear in the same size letters or type as the name of the CHDO. 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 ROOF HM20-03 CHDO In accordance with 24 CFR 200,339, this Agreement may also be terminated for convenience by either the COUNTY or the CHDO, in whole or in pant, 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 CHDO 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 CHDO to fulfill in a timely and proper manner its obligations under this Agreement. C. Ineffective or improper use of funds provided under this Agreement. D. Submission of reports, by the CHDO to the COUNTY, that are incorrect or incomplete in any material respect. E. Submission by the CHDO of any false certification. F. Failure to materially comply with any terms of this Agreement. G. Failure to materially comply with the terms of any other agreement between the COUNTY and the CHDO relating to the project. In the event of any default by CHDO 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; Page 15 of 42 - __:1s. _i 11J C. Require immediate repayment by CHDO to the COUNTY of all HOME funds CHDO 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 CHDO of such termination and specifying the effective date of such termination. If the Agreement is terminated by the COUNTY as provided herein, CHDO shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. 3.9 REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement, and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity), and the CHDO has not provided the required end use beneficiaries, the CHDO shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of HOME. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse CHDO'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 CHDO shall not commence any work and/or services pursuant to this Agreement until all required insurance as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said insurance shall be carried, at all times, during CHDO's performance under this Agreement. 3.11 ADMINISTRATIVE REQUIREMENTS The CHDO 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 ROOF HM20-03 CHDO CHDO organizations acting in a CHDO developer, owner, or sponsor capacity for CHDO eligible projects are not subject to the requirements of 2 CFR 200, in regard to the procurement of goods and services. However, federal funding requires all recipients to Page 16 of 42 F" 1�µ.t` ensure cost reasonableness for all transactions; the CHDO must ensure all costs are considered reasonable in accordance with cost and price analysis. 3.13 PROGRAM -GENERATED INCOME A CHDO is considered an end use beneficiary and therefore does not generate Program Income. A CHDO may generate revenue and is entitled to retain proceeds from the sale of housing, if the CHDO is acting as owner or developer and is using set -aside funds. Proceeds which are retained by the CHDO are not subject to the requirements of the HOME regulations. CHDO proceeds may not be used as match. 3.14 GRANT CLOSEOUT PROCEDURES CHDO's obligation to the COUNTY shall not end until all closeout requirements are completed. The CHD0 may closeout the project with the COUNTY after the fifteen (15) year affordability period has been met. Activities during this closeout period shall include, but are limited to making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section 2.2, the CHDO shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation, and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the CHDO is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. CHDO shall also produce records and information that comply with Section 215.97, Florida Single Audit Act. The COUNTY will record a Mortgage, Deed, and Note for each property upon completion of each HOME unit. CHDO shall execute any additional documents and provide additional information as necessary for the COUNTY to enter into these additional documents. Closeout procedures must take place in accordance with 2 CFR 200.343. 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The CHDO 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 CHDO shall comply with Section 3 of the Housing and Community Development Act of 1968. ROOF H M20-03 CHDO Page 17 of 42 I I J 3.16 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES The CHDO will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (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 CHDO 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 HOME Program funding is limited to low income households (below 80 percent of Area Medium Income (AMI)). However, HUD has further targeted very -low income households (at or below 60 percent of AMI), per 24 CFR 92.216(a). As such, 90 percent of eligible households receiving funding under this Agreement must be at or below 60 percent of AMI and 10 percent of eligible households may have a household income of up to 80 percent of AMI, adjusted for family size. 3.18 AFFIRMATIVE ACTION The CHDO agrees that it shall be committed to carry out, pursuant to the COUNTY's specifications, an Affirmative Action Program, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966, The COUNTY shall provide Affirmative Action guidelines to the CHDO to assist in the formulation of such program. The CHDO shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 3.19 FEES The CHDO agrees that it shall not charge servicing, origination, or other fees for the purpose of covering costs of administering the HOME program, except as permitted by 24 CFR 92.214(b)(1). 3.20 CONFLICT OF INTEREST ROOF H M20-03 CHDO The CHDO 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 CHDO. The CHDO 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. Page 18 of 42 I I J ensure cost reasonableness for all transactions; the CHDO must ensure all costs are considered reasonable in accordance with cost and price analysis. 3.13 PROGRAM -GENERATED INCOME A CHDO is considered an end use beneficiary and therefore does not generate Program Income. A CHDO may generate revenue and is entitled to retain proceeds from the sale of housing, if the CHDO is acting as owner or developer and is using set -aside funds. Proceeds which are retained by the CHDO are not subject to the requirements of the HOME regulations. CHDO proceeds may not be used as match. 3.14 GRANT CLOSEOUT PROCEDURES CHDO's obligation to the COUNTY shall not end until all closeout requirements are completed. The CHDO may closeout the project with the COUNTY after the fifteen (15) year affordability period has been met. Activities during this closeout period shall include, but are limited to making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section 2.2, the CHDO shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation, and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the CHDO is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. CHDO shall also produce records and information that comply with Section 215.97, Florida Single Audit Act. The COUNTY will record a Mortgage, Deed, and Note for each property upon completion of each HOME unit. CHDO shall execute any additional documents and provide additional information as necessary for the COUNTY to enter into these additional documents. Closeout procedures must take place in accordance with 2 CFR 200.343. 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The CHDO 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 CHDO shall comply with Section 3 of the Housing and Community Development Act of 1968. ROOF HM20-03 CHDO Page 17 of 42 I I J The CHDO 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 CHDO. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit CHDO's ability to self -manage the projects using its own employees. Any possible conflict of interest on the part of the CHDO or its employees shall be disclosed in writing to CHS provided, however, that this section shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low- and moderate -income residents of the project target area. 3.21 RELIGIOUS ORGANIZATIONS ROOF HM20-03 CHDO 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 CHDO shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. B. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. C. It will retain its independence from Federal, State, and local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that it does not use direct HOME funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. The funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, HOME funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to HOME funds in this pant. 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. Page 19 of 42 11j '�;� 3.22 INCIDENT REPORTING If services to clients are to be provided under this Agreement, the CHDO and any subcontractors shall report to CHS knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult. 3.33 SEVERABILITY ROOF HM20-03 CHDO Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. Remainder of Page Intentionally Left Blank Page 20 of 42 F i' PART IV GENERAL PROVISIONS 4.1 24 CFR 92 as amended- All the regulations regarding the HOME program littp://www.eefr.gov/cizi-biii/text- idx?SID=c6cee34b7aabl a869c49c l 091 cf69e98&node=24:1.1.1.1.41 &r ig i=div5 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: http://www.ecfj-.gov/cgi-bin/text-idx?c=ecfi-&tpl=/eefrbrowse/Title24/24cfi•58 main 02 tnl 4.3 Title II of the Cranston -Gonzalez National Affordable Housing Act (42 U.S.C. 12701 et seq.), Regulations at 24 CFR part 92. 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. https://www.hud.gov/sites/documents/DOC 7771.PDF E.O. 11063 — Equal Opportunity in Housing littp•//portal liud gov/liudpoital/HUD?src=/program offices/fair housing equal opp/FHLaws/EX 011063 E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs littp:Hwww.archives. gov/federal-register/cod ification/executive-order/ l 2259.html 24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.O. littps://www.law.cornell.edti/cft-/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title V111 of the Civil Rights Act of 1968 as amended littps://www.hud.gov/programdescription/title6 4.6 24 CFR 92.202 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: littp://www.eeoc.gov/eeoc/iiistory/35tli/thelaw/eo-I 1246.htini EO 11375 and 12086: see item #8 below 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The CHDO will, in all solicitations or advertisements for employees placed by or on behalf of the CHDO, state that it is an Equal Opportunity or Affirmative Action employer. littp://www.eeoc.gov/laws/statutes/titievii.efin 4.9 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 - http://www.dol.gov/oasam/reps/statutes/age act.htm 11063: https://www.ecfi-.gov/cgi-bin/text- idx?c=ecfr•&tpl=/ecfrbrowse/Title24/24cfr•135 main 02.tpl 11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-I 1246.html 11375: Amended by EO 11478 11478: http://www.archives.pov/federal-register/codification/executive-order/l 1478.html ROOF HM20-03 CHDO Page 21 of 42 I I J 12107: http://www.aicliives.gov/federal-register/codification/executive-order/I2107.html 12086: http://www.archives.gov/federal-register/codification/executive-order/12086,html 4.10 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 92.251 Section 504; http://www.epa.gov/civitrights/sec5O4.litm 29 USC 776: http://law.otiecle.com/uscode/29/776.htinl 4,11 The Americans with Disabilities Act of 1990 http://www.fliwa.dot.trov/realestate/ua/index.htm 4.12 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. littp://www.fliwa.dot.gov/i,catestate/ua/index.htm 4.13 The CHDO 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. littp://www.iiibda.gov/node/333 4.14 Public Law 100-430 - the Fair Housing Amendments Act of 1988. littp://www.ncbi.iili-n.nih.jzov/pubmed/12289709 4,15 2 CFR 200 et seq — Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https://www.eefr.gov/cgi-bin/text-idx7tpl=/ecfi•browse/TitleO2/2cfi•200 main 02.tp1 4.16 Immigration Reform and Control Act of 1986 littp://www.ecoc.gov/eeoc/histoL-L/35tb/thelaw/irca.litnil 4.17 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://bccsoO l/SiteDirectorv/ASD/HR/labor/CMAs/Shared%2ODocuments/CMA%205311.1 %20 Standards%20of%20Conduct.pdf 4.18 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. 4.19 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 requited for this item). 4.20 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 ROOF H M20-03 CHDO Page 22 of 42 I I i such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of CHDO with full decision -making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 201h Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE CHDO EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. littp://www.flseilate.gov/Laws/StatLItes/2010/44.102 4.21 The CHDO agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. http://www.law.coi-nell.edu/uscode/text/42n4Ol b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as arnended. littp://www.law.coi-iiell.edti/uscode/text/33/chaptet--26 4.22 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 58), the CHDO 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.,Hwww.ecfr. gov/cgi-bin/text- idx?c=ecfi•&SID=eba4Obdb52822d80827a48bced5bOb56&rgn=div8&view=text&node=24:3.1.1. 3.4.11.1.E&idno=24 4.23 The CHDO 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 perfortnance of this agreement. http://www.nps.gov/liistoiy/local-law/nhpal966.htm http://www.cefr.gov/cizi-bin/text-idx?c=ecfr&tpl=/ecf-browse/Title36/36cft,800 main 02.tpI In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. littp://www,nps.gov/liistoOL/local- law/nhpa1966.htrn ocal- law/nhpa1966.htm 4.24 The CHDO certifies that it will provide drug -free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). http:Hus-code.viex.com/vid/drug-free-workplace-requirements-contractors-19242870 4.25 The CHDO certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the CHDO shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended ROOF HM20-03 CHDO Page 23 of 42 I I J from participating in this covered transaction as outlined in 24 CFR 5 Subpart A and 24 CFR 92,350. 4.26 The CHDO agrees to comply with 2 CFR 200 et seq. and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200, et seq. 4.27 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 CHDO's fiscal year. The CHDO shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. CHDOs exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the CHDOs 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. littps://www.ecfi-.gov/cgi-b i n/text- idx?SID=5a78addefff9a535e83fed3010308aef&mc=true&node=se2.1.200 1344&r n=div8 Clarification of Eligible Audit Costs The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost certification of costs performed by a certified public accountant. This has always been an eligible cost; the amendment clarifies and codifies this. http://www.law.coi-iielf.edu/cfr/text/24/92.206 4.28 Any real property acquired by the CHDO 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 CHDO control, which is acquired or improved in whole or part with HOME funds in excess of $25,000, mast adhere to the HOME Regulations at 24 CFR 92.353. http://www.fliwa.dot.gov/realestatC/Lia/index.litiii http://www.law.cornell.edu/cfr/text/49/24.1 01 4.29 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. ROOF PIM20-03 CJJDO If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the Page 24 of 42 IIJ 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 CHDOS shall certify and disclose accordingly. 4.30 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 4.31 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. https)/www.govregs.com/regulations/expand/title24 part5 subpartA section5.106 4.32 Housing Counseling, including homeownership counseling or rental housing counseling , as defined in §5.100, required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701 x, per 24 CFR 5.111. littps://www. ecfi•.p,,ov/c gi-bin/text- idx?SID=e339ece9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6 littps://www.law.coriiell.edu/cfi-/text/24/5.1 11 4.33 HUD Final Rule — Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. https://www.federali-e ig_ster.gov/documents/2016/11/16/2016-25888/violence-against-women- reauthorization-act-of-2013-implementation-in-hud-housing_pro rams 4.34 Any rule or regulation detennined to be applicable by HUD. 4.35 Florida Statutes 713.20, Pail 1, Construction Liens httn://www.lea.state,fl.us/Statutes/index.cfin?Aup mode=Displav Statute&URL=0700- 0799/0713/0713.litm l 4.36 Florida Statutes 119.021 Records Retention littp:HwAvw.lawserver.com/law/state/florida/statLites/floridn statutes 119-021 4.37 Florida Statutes, 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100- 0 1 99/0119/Sections/0 I 19.07.htm 1 4.38 Limited English Proficiency: The CHDO agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at http://www.lep_gov. 4.39 Equal Treatment of Faith -Based Organizations: By regulation, DOJ/BJA prohibits all recipient organizations from using financial assistance from DOJ/BJA to fund explicitly religious activities. The CHDO agrees to avoid such prohibited conduct. For more information, see https://ojp.gov/about/ocr/pairtnerships.litm. Discrimination on the basis of religion in employment is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on ROOF HM20-03 CHDO Page 25 of 42 , J IIJ a case -by -case basis to allow some faith -based organizations to receive DOJ/BJA funds while taking into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights, 4.40 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. The CHDO agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See https:Hoip.pov/about/oci•/pdfs/UseofConvictioii AdvisorL.�df for more details. 4.41 Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352): The CHDO will not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization 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 obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. The CHDO shall comply with the lobbying restrictions of the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. 4.42 False Claim, Criminal, or Civil Violation: CHDO must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant Rinds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds 4.43 Political Activities Prohibited: None of the funds provided directly or indirectly under this Agreement shall be used for any political activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor any funds provided hereunder shall be utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. 4.44 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), DOJ/BJA encourages recipients and CHDOs to adopt and enforce policies banning employees fi•orn text messaging while driving any vehicle during the course of performing work funded by DOJ/BJA and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 4.45 Trafficking in Persons: The CHDO agrees to, at any tier, comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of the CHDO and any employees of the CHDO. The details of the CHDO'S obligations related to prohibited conduct related to the trafficking of persons are posted at https:Hoip.Lzov/fiuidin Explore/ProhibitedConduct-Traftickin .lg_itm. 4.46 Association of Community Organizations for Reform Now (ACORN): The CHDO understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in support of ROOF HM20-03 CHDO Page 26 of 42 11J ROOF H M20-03 CHDO any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of OJP. Remainder of Page Intentionally Left Blank Page 27 of 42 PART V HOME Requirements 5.1 Project Requirements for CHDOs ROOF HM20-03 CHDO I I A. A Community Housing Development Organization (CHDO) acts as owner, sponsor or developer for the following activities: a. Acquisition and/or rehabilitation of rental or homebuyer property b. New construction of rental or homebuyer property c. Direct financial assistance to homebuyers of HOME -assisted property developed or sponsored by the CHDO CHDO set -aside HOME funds must be used during the construction or rehabilitation of the property. B. CHDO OPERATING EXPENSES CHDO Operating Expense assistance may not exceed the greater of $50,000 in one fiscal year, or fifty percent (50%) of the CHDO's total annual operating expenses for the year. Operating Expenses may include: a. Salaries, wages, and other employee compensation and benefits b. Employee education, training, and travel c. Rent utilities, communication costs, taxes, insurance d. Equipment, material and supplies CHDOs applying for operating expense funding must be prepared to submit details on current CHDO funded activities or provide detail of CHDO's plans to apply for CHDO funds for a project that is owned, developed, or sponsored within 24 months, as required in §92.300(e). If the CHDO does not meet the 24-month expectation, all operating funds must be repaid from non-federal funds to the COUNTY within 90 days of request. The terms and conditions upon which the 24-month expectation is based on, are as follows: a. A schedule of ownership, development or sponsorship performance milestones b. Detail of training or capacity building efforts c. Quarterly performance reports detailing achievements in CHDO project readiness d. A responsive CHDO proposal is submitted to the COUNTY C. PROCUREMENT CHDO organizations acting in a CHDO developer, owner, or sponsor capacity for CHDO eligible projects are not subject to the requirements of 2 CFR 200, regarding Page 28 of 42 ;a f ROOF HM20-03 CHDO 11J the procurement of goods and services. However, federal funding requires all recipients to ensure cost reasonableness for all transactions; the CHDO must ensure all costs are considered reasonable in accordance with cost and price analysis. D. The CHDO is required to conform to the following HOME requirements and regulations as stated below: 24 CFR 92208 (a) Up to 5 percent of a participating jurisdiction's fiscal year HOME allocation may be used for the operating expenses of community housing development organizations (CHDOs). This amount is in addition to amounts set aside for housing projects that are owned, developed, or sponsored by CHDOs as described in §92.300(a). These funds may not be used to pay operating expenses incurred by a CHDO acting as a subrecipient or contractor under the HOME Program. Operating expenses means reasonable and necessary costs for the operation of the community housing development organization. Such costs include salaries, wages, and other employee compensation and benefits; employee education, training, and travel; rent; utilities; communication costs; taxes; insurance; equipment; materials; and supplies. The requirements and limitations on the receipt of these funds by CHDOs are set forth in §92.300(e) and (f). 24 CFR 92.300 (a) _The participating jurisdiction must certify the organization as meeting the definition of "community housing development organization" and must document that the organization has capacity to own, develop, or sponsor housing each time it commits funds to the organization. For purposes. of this paragraph: (1) Funds are reserved when a participating jurisdiction enters into a written agreement with the community housing development organization (or project owner as described in paragraph (a)(4) of this section) committing the funds to a specific local project in accordance with paragraph (2) of the definition of "commitment" in §92.2. (2) Rental housing is "owned" by the community housing development organization if the community housing development organization is the owner in fee simple absolute of multifamily or single-family housing (or has a long-term ground lease) for rental to low-income families in accordance with §92.252. If the housing is to be rehabilitated or constructed, the community housing development organization hires and oversees the developer that rehabilitates or constructs the housing. At minimum, the community housing development organization must hire or contract with an experienced project manager to oversee all aspects of the Page 29 of 42 - r liJ ROOF HM20-03 CHDO development, including obtaining zoning, securing non -HOME financing, selecting a developer or general contractor, overseeing the progress of the work and determining the reasonableness of costs. The community housing development organization must own the rental housing during development and for a period at least equal to the period of affordability in §92,252. If the CHDO acquires housing that meets the property standards in §92.251, the CHDO must own the rental housing for a period at least equal to the period of affordability in §92.252. (3) Rental housing is "developed" by the community development housing organization if the community housing development organization is the owner of multifamily or single family housing in fee simple absolute (or has a long term ground lease) and the developer of new housing that will be constructed or existing substandard housing that will be rehabilitated for rent to low-income families in accordance with §92.252. To be the "developer," the community development housing organization must be in sole charge of all aspects of the development process, including obtaining zoning, securing non -HOME financing, selecting architects, engineers and general contractors, overseeing the progress of the work and determining the reasonableness of costs. At a minimum, the community housing development organization must own the housing during development and for a period at least equal to the period of affordability in §92.252. (4) Rental housing is "sponsored" by the community development housing organization if it is rental housing "owned" or "developed" by a subsidiary of a community housing development organization, a limited partnership of which the community housing development organization or its subsidiary is the sole general partner, or a limited liability company of which the community housing development organization or its subsidiary is the sole managing member. (5) HOME -assisted rental housing is also "sponsored" by a community housing development organization if the community housing development organization "developed" the rental housing project that it agrees to convey to an identified private nonprofit organization at a predetermined time after completion of the development of the project. (6) Housing for homeownership is "developed" by the community development housing organization if the community housing development organization is the owner (in fee simple absolute) and developer of new housing that will be constructed or existing substandard housing that will be rehabilitated for sale to low-income families in accordance with §92.254. (7) The participating jurisdiction determines the form of assistance (e.g., grant or loan) that it will provide to the community housing development Page 30 of 42 A!J ROOF HM20-03 CHDO organization receives or, for rental housing projects under paragraph (a)(4) of this section, to the entity that owns the project. 24 CFR 92.300 (e) If funds for operating expenses are provided under §92.208 to a community housing development organization that is not also receiving funds under paragraph (a) of this section for housing to be owned, developed or sponsored by the corrnnunity housing development organization, the participating jurisdiction's written agreement with the community housing development organization must provide that the community housing development organization is expected to receive funds under paragraph (a) of this section for a project within 24 months of the date of receiving the funds for operating expenses, and specifies the teiyns and conditions upon which this expectation is based. (f) The participating jurisdiction must ensure that a community housing development organization does not receive HOME funding for any fiscal year in an amount that provides more than 50 percent or $50,000, whichever is greater, of the community housing development organization's total operating expenses in that fiscal year. This also includes organizational support and housing education provided under section 233(b)(1), (2), and (6) of the Act, as well as funds for operating expenses provided under §92.208. (Signature Page to Follow) Page 31 of 42 I I i IN WITNESS WHEREOF, the CHDO 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: CRYSTAL K. KINZEL, CLERK , D puty Clerk 4 signature,9n] Dated' Approved as to form and legality: BOARD OF COUNTY COMMISSIONERS OF COLL;f COUNTY, F ORIDA / F By: ' BURT L. SAUNDERS, CHAIRMAN Date: RESIDEN IAL bPTIONS OF FLORIDA, INC. (ROOF By: HERYL SO UP, EXECUTIVE DIRECTOR Date: \\a �AR & Jennifer A. Belpedio `�va0 Assistant County Attorney �'; Date: a3 aaat) L9 ROOF HM20-03 CHDO Item # i L s Agenda Date Date ' 3+a-D Rec'd Page 32 of 42 IIJ PART VI EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The CHDO shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the CHDO or the licensed design professional employed by the CHDO in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the CHDO and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the CHDO or any person employed by the CHDO 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 CHDO shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than 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 CHDO. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the CHDO shall assure that for activities located in an area ROOF 1IM20-03 CHDO Page 33 of 42 I I 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: ROOF HM20-03 CHDO 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 100 percent of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11, Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.1.M.A. Page 34 of 42 I I i EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT CHDO Name: Cl-IDO Address: Project Name: Project No: Payment Request # Total Payment Minus Retainage Period of Availability: through Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS CHDO CHS Approved 1, Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request (Net of Retainage, if applicable) $ $ 4. Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) $ $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the CHDO. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor (Approval required $15,000 and above) ROOF H M20-03 CHDO Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) Page 35 of 42 EXHIBIT C REPORTING SCHEDULE I I i The CHDO shall submit quarterly reports to Grantee based on the following schedule. Reports shall be submitted according to this schedule as long as this Agreement is in force: Activity Reporting Period Report Due Date October I" — December 31 S` January 1001 January 3 1 " — March 31 sc Aril 10"' April 1" — June 30"' Jul 10`, Jul I" —September 30"' October 10`' HOME CHDO AGREEMENT CHDO NAME 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. ROOF HM20-03 CHDO Page 36 of 42 1IJ ACTIVITY STATUS Complete the following information by entering the appropriate numbers for this reporting period in the tables below. Do not duplicate infonnation from previous reporting periods. HOUSEHOLD INFORMATION Complete these tables for those properties sold during this reporting period. No. Extremely -Low Income Households 0-30% AMI No. Very -Low Income Households 31-50% AMI No. Low -Income Households 51-80% AMI No. Moderate -Income Households 81-120% AMI No. Female Head of Households TOTAL RACE AND ETHNICITY BENEFICIARIES White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black/African American and White American Indian/Alaskan Native and Black/Afiican American Other Multi -Racial TOTAL ROOF HM20-03 CHDO Page 37 of 42 IIJ EXHIBIT D QUARTERLY PERFORMANCE REPORT DATA GENERAL Grantee is required to submit to HUD, through the Integrated Disbursement Information System ("IDIS") Quarterly Performance Reports ("QPR"). To facilitate in the preparation of such reports, CHDO shall submit the information contained herein within ten (10) days of the end of each calendar quarter. 1. OVERALL PROGRESS NARRATIVE Describe overall progress made in operating the HOME. 2. FINANCIAL DATA Provide (a) number of properties acquired, (b) program funds expended, and (c) program funds obligated. 3. ACTIVITY PROGRESS NARRATIVE Described progress made within the following three (3) activities: (a) acquisition, rehabilitation, resale LMMI, (b) acquisition rehabilitation, resale LH25, and (c) land bank. 4. PROPERTY DATA Provide the address of each property where funds were expended or obligated this reporting period. 5. DEMOGRAPHIC DATA Provide the following data for each household assisted this reporting period: (a) race, (b) Hispanic/Latino (yes/no), (c) female head of household (yes/no), and (d) income level. ROOF HM20-03 CHDO Page 38 of 42 EXHIBIT E INCOME CERTIFICATION INSTRUCTIONS IIJ Retain completed form, including appropriate supporting documentation, to be validated by CHS at the interim and close out monitoring. Effective Date: A. Household Information Member Names -- All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 Total Cash Value of Assets 13(a) Total Income from Assets B(b) If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate .06%) and enter results in B(c), otherwise leave blank. 13c C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors ROOF HM20-03 CHDO Page 39 of 42 Ili Member Wages / Benefits / Public Other Salaries Pensions Assistance Income (include tips, commissions, Asset bonuses, and Income overtime 1 {Enter the greater of 2 box B(b) or 3 box B(c), 4 above, in 5 box C(e) below) 6 7 8 (a) (b) (c) (d) (e) Totals Enter total of items C(a) through C(e). This amount is the Annual Anticipated Household Income. D. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. 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 Date Adult Household Member (if applicable) Date Adult Household Member (if applicable) Date E. HOME COUNTY 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; ROOF HM20-03 CHDO Page 40 of 42 IIJ Extremely Low -Income (ELI) Household means and individual or family whose annual income does not exceed 30 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Very Low -Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Low -Income (LI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Based upon the (year) income limits for the Naples -Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the HOME TBRA Administrator or His/Her Designated Representative: Signature Date Printed Name, Title F. Household Data Number of Persons By Race / Ethnicity By Age Native American Asian Black Hawaiian or White Other 0 — 26 — 41 — 62+ Indian Other Pac. 25 40 61 Islander Hispanic Non - Hispanic NOTE: Information concerning the rate or ethnicity of the occupants is being gathered far 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. ROOF HM20-03 CHDO Page 41 of 42 Ali EXHIBIT F ANNUAL AUDIT MONITORING REPORT This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Circular --CFR :: a '200.331' `re ires::Collier.'Count .:to: onIto raiib`reci ients: of;federa <awards`,to determ' a if r uiar..2.::C,. R, Prt::.:..::....:.:.:.....:.:,.;q.u:..:.;:.:..:....:..::.:.:..::......:,::Y.>..;.m.:..:...:.:....:..::,E3�:::....;:....: fin....... subrecipients are:compllantwith`established'audit requiremerts (Subpart F):,Accordingly; Cor.:;County requires. that all.appropriate documentation is provided regarding your organization's compliance In determtnng:Federal ........... in'a.fic�al:vaar aha`anfitv.miict rtnncirlar.all:cnurr.Pc nf:l✓a�laral °ativartic`hacai�.nn.,whan`thA' Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above,has ❑ been met and a Single Audit as required by 2 CFR Part 200., Subpart F has.been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements. of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure.threshold for the fiscal. year. indicated above . ❑ ❑ Are a for -profit organization ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the,audit report. While we ❑ understand that the audit report contains a written response to the finding(s), we are.. requesting an updated status of the corrective.action(s) being taken. Please do not provide just a copy of.the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby.certify thatahe above informatian.is true and Signature Date Print Name and Title ROOF HM20-03 CHDO 06/18 Page 42 of 42