Backup Documents 06/23/2020 Item #11J (City of Naples - River Park Crosswalk) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 1 j
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Rachel Hansen Community and Human RH 9/9/20
Services
2. County Attorney Office—JAB,ACA County Attorney Office c/C Q19 l-
3. BCC Office Board of County
Commissioners !4 -
1. ��
4. Minutes and Records Clerk of Court's Office 9I /( bo la
PRIMARY CONTACT INFORMATION 1.2'
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 Rachel Hansen-CHS 252-6141
Contact/ Department
Agenda Date Item was 6/23/20 Agenda Item Number I1.J
Approved by the BCC
Type of Document AGREEMENT BETWEEN COLLIER Number of Original 3
Attached COUNTY AND THE CITY OF NAPLES — Documents Attached
RIVER PARK CROSSWALK SAFETY
PROJECT
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK RH
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide 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 Yes
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the fmal negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's Yes
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on above date and all changes made during Yes 11771Tot
the meeting have been incorporated in the attached document..The unty an option for
Attorney's Office has reviewed the changes,if applicable. le az $7 this line.
9. Initials of attorney verifying that the attached document is the vers. n ap roved by the _ ix N/A is not
BCC, all changes directed by the BCC have been made,and the document is ready for the 6 W" an option for
Chairman's signature. ` ..../. ` this line.
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MEMORANDUM
Date: September 11, 2020
To: Rachel Hansen, Grant Coordinator
Community & Human Services
From: Teresa Cannon, Sr. Deputy Clerk
Minutes & Records Department
Re: Agreement w/The City of Naples —River Park Crosswalk Safety Project
Enclosed please find two (2) fully executed originals of each of the documents
referenced above (Agenda Item #11J), approved by the Board of County Commissioners
on Tuesday, June 23, 2020.
The Minutes & Records Department has retained the original as part of the Board's
Official Records.
If you have any questions, please contact me at 239-252-8411.
Thank you.
Enclosure
Enclosures (4)
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FAIN# B-20-UC-12-0016
Federal Award Date Est. 10/2020
Federal Award Agency HUD
CFDA Name Community
Development Block
Grant
CFDA/CSFA# 14.218
Total Amount of Federal $63,460
Funds Awarded
Subrecipient Name City of Naples,FL
DUNS# 084130293
FEIN 59-6000382
R&D No
Indirect Cost Rate No
Period of Performance 10/1/2020—04/30/2022
Fiscal Year End 9/30
Monitor End: 4/30/2027
AGREEMENT BETWEEN COLLIER COUNTY
AND
CITY OF NAPLES
rc&
THIS AGREEMENT is made and entered into this a3 day of 2020, by and between
Collier County, a political subdivision of the State of Florida, (CO TY or Grantee) having its principal
address at 3339 E Tamiami Trail, Naples FL 34112, and City of Naples, (SUBRECIPIENT), having its
principal office at 735 8th Street South Naples,FL 34102-1401.
WHEREAS,the COUNTY has entered into an Agreement with the United States Department of
Housing and Urban Development(HUD)for a grant for the execution and implementation of a Community
Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing
and Community Development Act of 1974(as amended); and
WHEREAS,the Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan—One-year Action Plan for Federal Fiscal Year 2020-2021 for the CDBG Program with
Resolution 2020-109 on June 23, 2020—Agenda Item 11-I ; and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans,the COUNTY advertised the 2020/2021 Annual
Action Plan,on June 23,2020,with a 30-day Citizen Comment period from May 23,2020 to June 23,2020;
and
WHEREAS,the SUBRECIPIENT has submitted a proposal for participation in the Collier County
CDBG program; and
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WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in the undertaking the CDBG CD-04 City of Naples River Park Crosswalk Safety
Project.
NOW,THEREFORE, in consideration of the mutual benefits contained herein,it is agreed by the
Parties as follows:
PART I
SCOPE OF WORK
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required
as a condition of providing CDBG assistance as provided herein and, as determined by Collier County
Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as
follows:
Project Name: River Park Crosswalk Safety Project
Description of project and outcome: Purchase, Construction and Installation of crosswalk lights
embedded in the asphalt at all crosswalks at 2 intersections on Goodlette Frank in Census Tract 7.
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty(60)calendar days of the execution of this Agreement,the SUBRECIPIENT
must deliver to CHS for approval a detailed project schedule for the completion of the
project, excluding Public Service projects.
B. The following resolutions and policies must be submitted within sixty (60) days of this
Agreement:
Affirmative Fair Housing Policy
• Affirmative Action/Equal Opportunity Policy
• Conflict of Interest Policy
• Procurement Policy
Uniform Relocation Act Policy
▪ Sexual Harassment Policy
▪ Procedure for compliance with the requirements set forth in Section 3 of the
Housing and Urban Development Act of 1968, as amended(12U.S.C. 794 1 u)
▪ Procedures for compliance with the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended(29 U.S.C. 794)
▪ Fraud Policy
® Limited English Proficiency Policy(LEP)
C. Environmental Review Requirement (ERR) - No program costs can be incurred until an
environmental review of the proposed project is completed and approved. Further, the
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SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance
of the CHS Notice to Proceed(NTP) letter. Violation of this provision may result in the
denial of any reimbursement of funds under this Agreement.
D. Annual Subrecipient Training
All SUBRECIPIENT staff assigned to the administration and implementation of the
Project, established by this Agreement, shall attend the CHS-sponsored Annual Fair
Housing training, except those who attended the training in the previous year, and at least
one staff member shall attend all other CHS-offered training, relevant to the Project, as
determined by the Grants Coordinator, not to exceed four (4) sessions. Requests for
exemption, under this special condition, must be submitted to the Grant Coordinator, in
writing, at least 14 calendar days,prior to the training.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Description Federal Amount
Project Component 1: Purchase, Construction and Installation of crosswalk lights $63,460
embedded in the asphalt at all crosswalks at 2 intersections on Goodlette Frank.
Total Federal Funds: $63,460
The SUBRECIPIENT will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
• Maintain and provide to the COUNTY, as requested, beneficiary income certification
documentation
• Maintain and provide National Objective Documentation
• Provide Quarterly Reports on National Objective and project progress
• Attendance by a representative from executive management at scheduled partnership
meetings,as requested by CHS
• Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation
• Identify Lead Project Manager
® Provide Site Design and Specifications
• Comply with Davis Bacon Labor Standards
• Comply with Section 3 and maintain documentation
® Provide certified payroll weekly throughout construction and rehabilitation
• Comply with Uniform Relocation Act(URA), if necessary
❑ Ensure applicable numbers of units are Section 504/ADA accessible
• Ensure the applicable period of continued use for the project is met
B. National Objective
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The CDBG program funds awarded to Collier County must benefit low-moderate income persons
(LMI). As such, the SUBRECIPIENT shall ensure that all activities and beneficiaries meet the
definition of:
LMA—Low/Mod Area Benefit
❑ LMC—Low/Mod Clientele Benefit
❑ LMH—Low/Mod Housing Benefit
❑ LMJ—Low/Mod Job Benefit
LMA: Must document where at least 51 percent of the residents are LMI persons, based
on HUD determined eligible census tracts. Failure to achieve the national objective under this
Agreement will require repayment of the CDBG investment under this Agreement.
LMC: Must document that at least 51 percent of persons served, are low to moderate
income persons or households,in order to meet a CDBG National Objective.Failure to achieve the
national objective under this Agreement will require repayment of the CDBG investment under this
Agreement.
LMH: Must document providing or improving permanent residential structures, which
upon completion will be occupied by LMI households. Structures with three or more units must
have at least 51 percent occupied by LMI households and structures with less than three units must
be occupied by 100 percent LMI households. Failure to achieve the national objective under this
Agreement will require repayment of the CDBG investment under this Agreement.
LMJ: Must document job creation and retention. The LMI benefit national objective
addresses activities designed to create or retain permanent jobs, at least 51 percent of which
(computed on a full-time equivalent basis) will be made available to or held by LMI persons.
Failure to achieve the national objective under this Agreement will require repayment of the CDBG
investment under this Agreement.
C. Performance Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Special Grant Condition Policies Policies as stated in this Within sixty(60)days of
(Section 1.1) Agreement Agreement execution
Insurance Insurance Certificate Within 30 days of Agreement
execution and Annually within
thirty(30)days of renewal
Detailed Project Schedule Project Schedule Within sixty(60)days of
Agreement execution
Project Plans and Specifications Site Plans and Specifications Prior to procurement
Subcontractor Log Subcontractor Log Initially at construction start,
and quarterly thereafter
Submission of Progress Report Exhibit C Quarterly reports. Annually after
closeout.
Section 3 Report Quarterly report of new hire Quarterly;within 10 days
information following the end of the quarter.
Annually after closeout.
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Davis Bacon Act Certified Weekly Certified Payroll Weekly within 7 days following
Payroll reports,forms, and supporting issuance of payroll checks
documentation
Financial and Compliance Audit Audit,Management Letter,and Annually: nine(9)months after
Exhibit E FY end for Single Audit OR one
hundred eighty(180)days after
FY end
Continued Use Certification Continued Use Affidavit, Annually;for five(5)years after
meeting the National Objective
Revenue Plan for maintenance Plan approved by the COUNTY Initial Plan due after completion
and Capital Reserve of construction.Annually
through the period of continued
use
Program Income Reuse Plan Plan Approved by the COUNTY N/A
D. Payment Deliverables
Payment Deliverable Payment Supporting Documentation Submission Schedule
Project Component 1: Purchase, Submission of supporting documents Submission of
Construction and Installation of must be provided as backup, as evidenced monthly invoices.
crosswalk lights embedded in the by banking documents, completed AIA
asphalt at all crosswalks at 2 G702-1992 form,or equivalent document
intersections on Goodlette Frank. per contractor's Schedule of Values, and
any additional documents as needed.
The County will pay up to 90%of the
total grant award or project costs
whichever is lower upon proof of proper
payment.
The remaining 10%will be released upon Following close out
final monitoring clearance and meeting a monitoring.
National Objective.
For clarity,the County will not withhold
10%on each payment,rather,the last
10%will only be paid as previously
specified.
Final 10 percent of award amount will be paid upon completion of final monitoring clearance and
documentation of meeting the National Objective.Failure by the SUBRECIPIENT to achieve the National
Objective will require repayment of the CDBG investment under this Agreement.
1.3 PERIOD OF PERFORMANCE
Services of the SUBRECIPIENT shall start on October 1,2020 and shall end on April 30, 2022.
1.4 AGREEMENT AMOUNT
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The COUNTY agrees to make available(Sixty Three Thousand Four Hundred and Sixty)Dollars
($63,460)for use by the SUBRECIPIENT,during the term of the.Agreement(hereinafter,shall be
referred to as the"Funds").
Modification to the"Budget and Scope"may only be made if approved in advance.Budgeted fund
shifts among line items shall not be more than 10 percent of the total funding amount and does not
signify a change in scope.Fund shifts that exceed 10 percent of the Agreement amount shall only
be made with Board of County Commissioners(Board)approval.
The COUNTY shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible
costs, and all disbursement requests must be limited to the amount needed at the time of the
request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations
incurred during the term of this Agreement.Invoices for work performed are required every month.
If no work has been performed during that month,or if the SUBRECIPIENT is not yet prepared to
send the required backup,a$0 invoice is required.Explanations may be required if two consecutive
months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT, when
requested, as work progresses but not more frequently than once per month. Reimbursement will
not occur if SUBRECIPIENT fails to perform the minimum level of service required by this
Agreement.
Final invoices are due no later than 90 days after the end of the Agreement.Work performed during
the term of the program but not invoiced within 90 days after the end of the Agreement may not be
processed without written authorization from the Grant Coordinator.
The County Manager or designee may extend the term of this Agreement for a period of up to 180
days after the end of the Agreement.Extensions must be authorized,in writing,by formal letter to
the SUBRECIPIENT.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requirements. Except where disputed for noncompliance,
payment will be made upon receipt of a properly completed invoice and in compliance with
§218.70,Florida Statutes, otherwise known as the"Local Government Prompt Payment Act."
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1.5 COST PRINCIPLES
Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost
allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section
(Section 1.5-Cost Principles) of this Agreement, SUBRECIPIENT is defined as a described in 2
CFR 200.93.Accordingly,payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under this
Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed
specifically to the project(s)referenced above,as defined in 2 CFR 200.413.The SUBRECIPIENT
must provide adequate documentation for validating costs incurred. Payments to
SUBRECIPIENTS contractors and vendors are conditioned upon compliance with the procurement
requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by the
SUBRECIPIENTS and Contractors shall comply with 2 CFR Subpart E-Cost Principles. A
Developer is not subject to 2 CFR Subpart E;however,the COUNTY is subject to 2 CFR Subpart
E and may impose requirements upon the Developer, in order for the COUNTY to remain
compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal
controls and maintain necessary source documentation for all costs incurred and adhere to any other
accounting requirements included in this Agreement.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice
delivered or sent as aforesaid shall be effective on the date of delivery or sending.All notices and
other written communications under this Agreement shall be addressed to the individuals in the
capacities indicated below,unless otherwise modified by subsequent written notice.
COLLIER COUNTY A 1TENTION: Rachel Hansen,Grant Coordinator
Collier County Government
Community&Human Services Division
3339 E Tamiami Trail, Suite 211
Naples,Florida 34112
Email: rachel.hansen@colliercountyfl.gov
Telephone: (239)252-5218
SUBRECIPIENT A 1TENTION: Felix Gomez,Bids and Grants Coordinator
City of Naples
735 8t' Street South
Naples,Florida 34102
Email: fgomez@naplesgov.com
Telephone: (239)213-7101
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PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
At any time during normal business hours and as often as the COUNTY(and/or its representatives)
may deem necessary, the SUBRECIPIENT shall make available all records, documentation, and
any other data relating to all matters covered by the Agreement for review, inspection, or audit.
Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within 30
days after receipt by the organization. Failure of the organization to comply with the above audit
requirements will constitute a violation of this Agreement and may result in the withholding of
future payments. The SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted
in accordance with current GRANTEE policy concerning SUBRECIPIENT audits.
The determination of amounts of Federal awards expended shall be in accordance with guidelines
established by 2 CFR Part 200, Subpart F-Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to
determine compliance with the requirements of this Agreement,the CDBG Program, and all other
applicable laws and regulations. This documentation shall include, but is not limited to, the
following:
A. All records required by CDBG regulations.
B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily
would be required by the COUNTY in order to perform the service.
C. All reports, plans, surveys, information, documents,maps, books, records, and other data
procedures developed,prepared,assembled,or completed by the SUBRECIPIENT for this
Agreement shall be made available to the COUNTY,by the SUBRECIPIENT,at any time,
upon request by the COUNTY or CHS. Materials identified in the previous sentence shall
be in accordance with generally accepted accounting principles(GAAP), procedures, and
practices, which sufficiently and properly reflect all revenues and expenditures of funds
provided directly or indirectly by this Agreement, including matching funds and Program
Income. These records shall be maintained to the extent of such detail as will properly
reflect all net costs, direct and indirect labor, materials, equipment, supplies and services,
and other costs and expenses of whatever nature for which reimbursement is claimed under
the provisions of this Agreement.
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D. Upon completion of all work contemplated under this Agreement, copies of all documents
and records relating to this Agreement shall be surrendered to CHS, if requested. In any
event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a
readily accessible, permanent, and secured location for five (5) years after the date of
submission of the annual performance and evaluation report, as prescribed in 2 CFR
200.333,with the following exception: if any litigation,claim,or audit is started before the
expiration date of the five(5)year period,the records will be maintained until all litigation,
claim,or audit findings involving these records are resolved. If a SUBRECIPIENT ceases
to exist after the closeout of this Agreement,the COUNTY shall be informed, in writing,
of the address where the records are to be kept, as outlined in 2 CFR 200.336. The
SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at
no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon
termination of the Agreement and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible with the
information technology systems of the COUNTY.
IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832,
Michael.Cox(ucolliercountyfl.gov, 3299 Tamiami Trail E, Naples
FL 34112.
E. SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Act of
1931, including files containing contractor payrolls, employee interviews, Davis-Bacon
wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records
showing contractor compliance with the Contract Work Hours and Work Safety Law.
Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal
purchasing requirements and other federal requirements for grant implementation.
F. SUBRECIPIENT will be responsible for the creation and maintenance of income eligible
files on clients served, and documentation that all households are eligible under HUD
Income Guidelines. The SUBRECIPIENT agrees that CHS shall be the final arbiter on the
SUBRECIPIENT's compliance.
G. SUBRECIPIENT shall document how the National Objective(s), as defined in 24 CFR
570.208, and the eligibility requirement(s) under which funding has been received have
been met. These also include special requirements, such as necessary and appropriate
determinations as defined in 24 CFR 570.208,income certification,and written agreements
with beneficiaries,where applicable.
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H. SUBRECIPIENT shall provide the public with access to public records on the same terms
and conditions that the COUNTY would provide the records and at a cost that does not
exceed the cost provided in Chapter 119,Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized
by 2 CFR 200.336 and 2 CFR 200.337.
2.3 MONITORING
During the term of the Agreement,SUBRECIPIENT shall submit an annual audit monitoring report
(Exhibit E)to the COUNTY no later than nine(9)months after the Single Audit(or one hundred
eighty(180)days for SUBRECIPIENTS exempt from Single Audit),after the SUBRECIPIENT'S
fiscal year end. The COUNTY will conduct an annual financial and programmatic review.
SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop
review of the activities may be conducted in lieu of an on-site visit. The continuation of this
Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the
request of CHS, submit information and status reports required by CHS or HUD to enable CHS to
evaluate said progress and to allow for completion of required reports. The SUBRECIPIENT shall
allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or
unscheduled, as determined by CHS or HUD.
COUNTY will monitor the performance of the SUBRECIPIENT 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 CHS,will constitute
noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT
within a reasonable period of time after being notified by CHS, Agreement suspension or
termination procedures will be initiated.SUBRECIPIENT agrees to provide HUD,the HUD Office
of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal
auditor(s)access to all records related to performance of activities in this Agreement.
2.4 PREVENTION OF FRAUD AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient
to prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this
Agreement, and to provide for the proper and effective management of all Program and Fiscal
activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and
other significant events shall be clearly documented, and the documentation shall be readily
available for monitoring by COUNTY.
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SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees,
and agents for the purpose of monitoring or investigating the performance of the Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent
waste, fraud, and abuse.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this Agreement, or of any law or regulation to COUNTY or to any
appropriate law enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this Agreement. Penalties may be imposed for failure to implement or to make
acceptable progress on such corrective action plans.
In order to effectively enforce COUNTY Resolution No.2013-228,CHS has adopted an escalation
policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant
funds from CHS. CHS's policy for escalation for noncompliance is as follows:
1. Initial noncompliance may result in Findings or Concerns being issued to the
SUBRECIPIENT, which will require a corrective action plan to be submitted to
the COUNTY within 15 days following issuance of the report.
• Any pay requests that have been submitted to the COUNTY for payment will
be held until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to the
SUBRECIPIENT,as needed, in order to correct the noncompliance issue.
2. If SUBRECIPIENT fails to submit the corrective action plan to the COUNTY in a
timely manner,the COUNTY may require a portion of the awarded grant amount
be returned to the COUNTY.
• The COUNTY may require upwards of 5 percent of the award amount be
returned to the COUNTY, at the discretion of the Board.
• The SUBRECIPIENT may be denied future consideration as set forth in
Resolution No. 2013-228.
3. If SUBRECIPIENT continues to fail to correct the outstanding issue or repeats an
issue that was previously corrected and has been informed by the COUNTY of
their substantial non-compliance by certified mail, the COUNTY may require a
portion of the awarded grant amount or the amount of the CDBG investment for
acquisition of the properties conveyed, be returned to the COUNTY.
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• The COUNTY may require upwards of 10 percent of the award amount be
returned to the COUNTY, at the discretion of the Board.
• The SUBRECIPIENT will be considered in violation of Resolution No.2013-
228.
4. If after repeated notification, SUBRECIPIENT continues to be substantially
noncompliant, the COUNTY may recommend the Agreement or award be
terminated.
• The COUNTY will make a recommendation to the Board to immediately
terminate the contract or Agreement. The SUBRECIPIENT will be required
to repay all funds disbursed by the COUNTY for the project that was
terminated. This includes the amount invested by the COUNTY for the initial
acquisition of properties or other activities.
• SUBRECIPIENT will be considered in violation of Resolution No. 2013-228.
If the SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be
noncompliant,the above sanctions may be imposed across all awards at the Board's discretion.
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this Agreement,and on the resolution of monitoring findings identified pursuant to this
Agreement, as deemed necessary by the County Manager or designee.
During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the
COUNTY on the 10th day of January, April, July, and October, respectively, for the prior quarter
period end.As part of the report submitted in October,the SUBRECIPIENT also agrees to include,
a comprehensive final report covering the agreed-upon Program objectives, activities, and
expenditures including but not limited to, performance data on client feedback with respect to the
goals and objectives set forth in Exhibit C.Exhibit C contains an example reporting form to be used
in fulfillment of this requirement. Other reporting requirements may be required by the County
Manager or designee if the Program changes,the need for additional information or documentation
arises, and/or legislative amendments are enacted. Reports and/or requested documentation not
received by the due date shall be considered delinquent and may be cause for default and
termination of this Agreement.
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY,which consent,if given at all,shall be at the COUNTY's sole discretion and judgment.
3.2 GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants(CDBG)),including subpart K of these regulations,except
that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities
described in 24 CFR 570.604; (2) the SUBRECIPIENT does not assume the recipient's
responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) the
SUBRECIPIENT is required to follow federal procurement process; and (4) for Developers,
revenue generated is not considered program income.The CDBG program was funded through the
Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply
with all other applicable laws, regulations, and policies governing the funds provided under this
Agreement.The SUBRECIPIENT further agrees to utilize funds available under this Agreement to
supplement rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating
or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT
shall at all times remain an"independent contractor"with respect to the services to be performed
under this Agreement. The COUNTY shall be exempt from payment of all Unemployment
Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation
Insurance, as the SUBRECIPIENT is an independent contractor.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a
duly authorized representative of each organization, and approved by the COUNTY'S governing
body. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY
or SUBRECIPIENT from its obligations under this Agreement.
The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or
Local governmental guidelines, policies, and available funding amounts, or for other reasons. If
such amendments result in a change in the funding, the scope of services, or schedule of the
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activities to be undertaken as part of this Agreement, such modifications will be incorporated only
by written amendment, signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from HUD CDBG grant funds and must be
implemented in full compliance with all of HUD's rules and regulations and any agreement
between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event
of curtailment or non-production of said federal funds,or the reduction of funds awarded by HUD
to Collier County, to a level determined by the County Manager to be insufficient to adequately
administer the project,the financial sources necessary to continue to pay the SUBRECIPIENT all
or any portion of the funds will not be available. In either event,the COUNTY may terminate this
Agreement,which termination shall be effective as of the date that it is determined by the County
Manager or designee,in his/her sole discretion and judgment,that the funds are no longer available.
In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to
hold the COUNTY, nor any individual member of the County Commissioners and/or County
Administration, personally liable for the performance of this Agreement, and the COUNTY shall
be released from any further liability to SUBRECIPIENT under the terms of this Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law,the SUBRECIPIENT shall indemnify and hold
harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act or omission, including
but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its
agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or
any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the
performance of this Agreement. This indemnification obligation shall not be construed to negate,
abridge,or reduce any other rights or remedies,which otherwise may be available to an indemnified
party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses
of any nature whatsoever in connection therewith and shall defend all suits in the name of the
COUNTY and shall pay all costs(including attorney's fees)and judgments which may issue there-
on. This Indemnification shall survive the termination and/or expiration of this Agreement. This
section does not pertain to any incident arising from the sole negligence of COUNTY. The
foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits
set forth in Section 768.28,Florida Statutes.This section shall survive the expiration of termination
of this Agreement.
3.7 GRANTEE RECOGNITION/SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorships of the Program, research reports, and similar
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public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on
behalf of, and/or about the Program shall include the statement:
"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY
COMMUNITY AND HUMAN SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team, as well as
Equal Housing Opportunity,to the general public. Construction signs shall comply with applicable
COUNTY codes.
3.8 DEFAULTS,REMEDIES,AND TERMINATION
In accordance with 2 CFR 200.339, this Agreement may also be terminated for convenience by
either the COUNTY or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for
such termination, the effective date, and, in the case of partial terminations, the portion to be
terminated. However, if in the case of a partial termination, the COUNTY determines that the
remaining portion of the award will not accomplish the purpose for which the award was made,the
COUNTY may terminate the award in its entirety.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement, in compliance with 2 CFR 200,Appendix II(A):
A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or
such statutes,regulations, executive orders,and HUD guidelines, policies, or directives as
may become applicable at any time.
B. Failure,for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its
obligations under this Agreement.
C. Ineffective or improper use of funds provided under this Agreement.
D. Submission of reports that are incorrect or incomplete in any material respect by the
SUBRECIPIENT to the COUNTY.
E. Submission of any false certification by the SUBRECIPIENT.
F. Failure to materially comply with any terms of this Agreement.
G. Failure to materially comply with the terms of any other Agreement between the COUNTY
and the SUBRECIPIENT relating to the project.
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In the event of any default by SUBRECIPIENT under this Agreement,the COUNTY may seek any
combination of one or more of the following remedies, in compliance with 2 CFR 200, Appendix
II(B):
A. Require specific performance of the Agreement, in whole or in part.
B. Require the use of, or change in,professional property management.
C. Require immediate repayment to the COUNTY of all CDBG funds that SUBRECIPIENT
has received under this Agreement.
D. Apply sanctions, if determined by the COUNTY to be applicable.
E. Stop all payments,until identified deficiencies are corrected.
F. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination
and specifying the effective date of such termination.If the Agreement is terminated by the
COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or claim
of benefit for any incomplete project activities undertaken under this Agreement.
3.9 REVERSION OF ASSETS
In the event of a termination of this Agreement and in addition to any and all other remedies
available to the COUNTY (whether under this Agreement, or at law, or in equity), the
SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of
termination(or expiration)and any accounts receivable attributable to the use of CDBG funds,per
24 CFR 570.503(b)(7).
The COUNTY's receipt of any funds on hand at the time of termination shall not waive the
COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the
funds or property, as the COUNTY may deem necessary. Regulations regarding real property are
subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7).
3.10 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until
all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said
insurance shall be carried, at all times, during SUBRECIPIENT's performance under the
Agreement.
3.11 ADMINISTRATIVE REQUIREMENTS
The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget
and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and
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Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the
Community Development Block Grant(24 CFR 570 et seq.).
3.12 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through
.326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing
thresholds are:
Range: Competition Required
$0 -$3,000 Single Quote with documentation
$3,001 - $50,000 3 Written Quotes
$50,001+ Formal Solicitation(ITB,RFP, etc.)
All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding, under a procedure acceptable to the
COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts for
improvements with the lowest, responsible, and qualified bidder. In accordance with 2 CFR
200.322, SUBRECIPIENT shall procure items that contain the highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level of completion. Contract
administration shall be handled by the SUBRECIPIENT and monitored by CHS,which shall have
access to all records and documents related to the project.
3.13 PROGRAM GENERATED INCOME
No Program Income is anticipated. In the event Program Income is derived from the use of CDBG
funds disbursed under this Agreement, such Program Income shall be utilized by the
SUBRECIPIENT for CDBG-eligible activities, approved by COUNTY. Any "Program Income"
(as such term is defined under applicable Federal regulations) gained from any activity of the
SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual
program income re-use plan, utilized by the SUBRECIPIENT accordingly, and shall be in
compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When
program income is generated by an activity that is only partially assisted with CDBG funds,
the income shall be prorated to reflect the percentage of CDBG funds used. In the event there
is a program income balance at the end of the Program Year, such balance shall revert to the
COUNTY's Community Block Grant Program,for further reallocation.
Acquisition/Improvement of Real Property: Real property under the SUBRECIPIENT'S control
that was acquired or improved, in whole or in part, with CDBG funds shall be used to meet one of
the CDBG National Objectives pursuant to 24 CFR 570.208, during the continued use period, as
referenced in section 3.14(Grant Closeout Procedures)of this Agreement. If the SUBRECIPIENT
disposes of or otherwise fails to continue to use the CDBG-assisted real property in a manner that
meets a CDBG National Objective,the SUBRECIPIENT shall pay the COUNTY an amount equal
to the percentage of the current fair market value of the property, less any disposal costs. Such
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percentage shall have as its basis,the percentage of the appraised value attributable to CDBG and
non-CDBG funds expended for the original acquisition of, or improvement to,the property under
the terms of this Agreement. Such payment shall constitute program income to the COUNTY.
3.14 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. The SUBRECIPIENT may close out the project with the COUNTY after the five (5)
year continued use period has been met (for public services, "after the expiration of the
Agreement"). The continued use period shall commence with the later of the SUBRECIPIENT
meeting the National Objective or the recording of lien and/or deed restriction documentation).
Activities during this closeout period shall include, but are not limited to making final payments,
disposing of program assets (including the return of all unused materials, equipment, program
income balances, and receivable accounts to the COUNTY), and determining the custodianship of
records.In addition to the records retention outlined in Part 2.2,the SUBRECIPIENT shall comply
with Section 119.021,Florida Statutes regarding records maintenance,preservation,and retention.
A conflict between state and federal law records retention requirements will result in the more
stringent law being applied,such that the record must be held for the longer duration.Any balance
of unobligated funds that have been advanced or paid must be returned to the COUNTY.Any funds
paid exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this
Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and
information complying with Section 215.97, Florida Single Audit Act. Closeout procedures must
take place in accordance with 2 CFR 200.343.
3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of,or be subjected
to,discrimination under any activity carried out by the performance of this Agreement on the basis
of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of
evidence of such discrimination,the COUNTY shall have the right to terminate this Agreement.
To the greatest extent feasible, lower-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project.The SUBRECIPIENT shall comply with Section
3 of the Housing and Community Development Act of 1968.
3.16 OPPORTUNITTIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS
ENTERPRISES
The SUBRECIPIENT will use its best efforts to afford small businesses, minority business
enterprises,and women's business enterprises the maximum practicable opportunity to participate
in the performance of this Agreement.As used in this Agreement,the term"small business"means
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a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended
(15 U.S.C. 632), and "minority and women's business enterprise" means a business at least 51
percent owned and controlled by minority group members or women. For the purpose of this
definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed
or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT
may rely on written representations by businesses regarding their status as minority and female
business enterprises in lieu of an independent investigation.
3.17 PROGRAM BENEFICIARIES
If the Agreement is meeting a national objective through an LMI strategy,at least 51 percent of the
beneficiaries of a project funded through this Agreement must be low- and moderate- income
persons or presumed to be low- to moderate- income persons based on applicable regulation.
Determination of income eligibility is based on the annual income of the family or household. This
Agreement conforms to the definition of Annual Income, per 24 CFR 570.3(1)(i), where Annual
income is defmed under the Section 8 Housing Assistance Payments. Details for calculating the
Annual Income are contained in 24 CFR 5.609, with practical instructions contained in HUD
Handbook 4350.3, Chapter 5.
If the project is located in an entitlement city, as defmed by HUD, or serves beneficiaries
countywide,more than 30 percent of the beneficiaries directly assisted under this Agreement must
reside in unincorporated Collier County or in numicipalities participating in the COUNTY's Urban
County Qualification Program. The project shall assist beneficiaries as defined above for the time
period designated in Exhibit C of this Agreement.
3.18 AFFIRMATIVE ACTION
The SUBRECIPIENT agrees that it shall be committed to carry out, pursuant to the COUNTY's
specifications, an Affirmative Action Program, in keeping with the principles as provided in
President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide
Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program.
The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to
the award of funds. The Affirmative Action will need to be updated throughout the continued use
period and must be submitted to the COUNTY within 30 days of update/modification.
3.19 CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ, who presently exercises any
functions or responsibilities in connection with the Project, has any personal fmancial interest,
direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner
or degree with the performance of this Agreement,and that no person having any conflict of interest
shall be employed by or subcontracted by SUBRECIPIENT. The SUBRECIPIENT covenants that
it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", 2 CFR 200.318, and
the State and County statutes,regulations,ordinances,or resolutions governing conflicts of interest.
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The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person,or an entity
owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval
of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not
intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees.
Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its
contractors shall be disclosed, in writing, to CHS provided however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low- and moderate-
income residents of the project target area.
3.20 RELIGIOUS ORGANIZATIONS
CDBG funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment on the basis of
religion and will not limit employment or give preference in employment to persons on the
basis of religion.
B. It will not discriminate against any person applying for public services on the basis of
religion and will not limit such services or give preference to persons on the basis of
religion.
C. It will retain its independence from Federal, State, and Local governments and may
continue to carry out its mission, including the definition, practice, and expression of its
religious beliefs, provided it does not use direct CDBG funds to support any inherently
religious activities, such as worship, religious instruction, or proselytizing.
D. The funds shall not be used for the acquisition, construction, or rehabilitation of structures
to the extent that those structures are used for inherently religious activities. Where a
structure is used for both eligible and inherently religious activities, CDBG funds may not
exceed the cost of those portions of the acquisition, construction, or rehabilitation that are
attributable to eligible activities in accordance with the cost accounting requirements
applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG
funded religious congregation uses as its principal place of worship,however,are ineligible
for CDBG funded improvements.
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3.21 INCIDENT REPORTING
If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any
subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect,
or exploitation of a child,aged person,or disabled adult.
3.22 SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title24/24cfr570 main 02.tpl
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=1 acdb92f3 b05c3 f285dd76c26d 14f54e&mc=true&node=pt24.1.5 8&rgn=div5
4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended
https://www.hud.gov/program offices/commplanning/communitydevelopment/rulesandregs/law
s/sec5309
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
https://www.justice.gov/crt/fair-housing-act-1
Executive Order 11063 —Equal Opportunity in Housing https://www.archives.gov/federal-
register/codification/executive-order/11063.html
Executive Order 11259 -Leadership& Coordination of Fair Housing in Federal Programs
https://www.archives.gov/federal-register/codification/executive-order/12259.html
24 CFR Part 107 -Non-Discrimination and Equal Opportunity in Housing under E.O.
https://www.law.cornell.edu/cfr/text/24/part-107
4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as
amended https://www.hud.gov/programdescription/title6
4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
https://www.goo.gov/fdsys/pkg/CFR-2007-tit1e24-vo13/pdf/CFR-2007-title24-vo13-sec570-
602.pdf
4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations. EO 11246:
https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended
EO 11375 and 12086: see item#8 below
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4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972,42 USC§2000e,et. seq. The SUBRECIPIENT will,in all solicitations or advertisements for
employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or
Affirmative Action employer.
https://www.hud.gov/programdescription/title6
4.9 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD
Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all
applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a
condition of the Federal financial assistance provided under this Agreement and binding upon the
COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through which Federal
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
The SUBRECIPIENT further agrees to comply with these"Section 3"requirements and to include
the following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a program providing
direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires
that,to the greatest extent feasible,opportunities for training and employment be given to low-and
very low-income residents of the project area, and that contracts for work in connection with the
project be awarded to business concerns that provide economic opportunities for low- and very
low-income persons residing in the metropolitan area in which the project is located."
The SUBRECIPIENT further agrees to ensure that opportunities for training and employment
arising in connection with a housing rehabilitation (including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project are given to low-
and very low-income persons residing within the metropolitan area in which the CDBG-funded
project is located; where feasible, priority should be given to low- and very low-income persons
within the service area of the project or the neighborhood in which the project is located, and to
low- and very low- income participants in other HUD programs; and award contracts for work
undertaken in connection with a housing rehabilitation(including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project to business
concerns that provide economic opportunities for low- and very low-income persons residing
within the metropolitan area in which the CDBG-funded project is located;where feasible,priority
should be given to business concerns that provide economic opportunities to low- and very low-
income residents within the service area or the neighborhood in which the project is located,and to
low-and very low-income participants in other HUD programs.
https://www.hud.gov/sites/documents/DOC 12047.PDF
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The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tp1=/ecfrbrowse/Title24/24cfr135 main 02.tpl
4.10 Age Discrimination Act of 1975, Executive Order 11063,and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107 and 12086.
Age Discrimination Act of 1975
https://www.law.cornell.edu/uscode/text/42/chapter-76
11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.htm
11375: Amended by EO 11478
11478: https://www.archives.gov/federal-register/codification/executive-order/11478.html
12107: https://www.archives.gov/federal-register/codification/executive-order/12107.html
12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
https://www.dol.gov/whd/regs/statutes/safe01.pdf
4.12 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5),24 CFR 570.614 Subpart K.
Section 504: https://www.epa.gov/ocr
29 USC 776: https://law.onecle.com/uscode/29/776.html
24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudap
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
https://www.fhwa.dot.gov/real estate/uniform_act/index.cfm
4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all
construction contracts funded by CDBG.
Davis-Bacon Act: 42 USC 276a to 40 USC 276a:
https://uscode.house.gov/view.xhtml?req granuleid:USC-1999-tit1e40-section276a-
7&num=0&ed ition=1999
29 CFR Part 3 -Contractors and Subcontractors on public building or Public Work Financed, in
whole or in part, by Loans or Grants from the United States
https://www.law.comell.edu/cfr/text/29/part-3
29 CFR Part 5 -Labor Standards Provisions Applicable to Contracts Covering Federally Financed
and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract
Work Hours and Safety Standards Act)
https://www.law.cornell.edu/cfr/text/29/part-5
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Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally
assisted projects. https://www.presidency.ucsb.edu/ws/index.php?pid=23675
4.16 As a supplement to the Davis-Bacon Act requirements,the SUBRECIPIENT agrees to comply with
the "Copeland Anti-Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or
subcontractors from inducing an employee to relinquish any part of his/her compensation, under
the federally-funded contract.
18 U.S.C. 874 https://www.govinfo.gov/contentlpkg/USCODE-2010-title 18/pdf/USCODE-2010-
title 18.pdf
40 U.S.C. 276c https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-tit1e40-
section276c&num=0&edition=1999
4.17 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 - which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise.
https://www.archives.gov/federal-register/codification/executive-order/11625.htm l
4.18 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws,regulations,and executive orders referenced in 24 CFR 570.607,as
revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109
of the HCDA are still applicable.
24 CFR 570.607:
https://www.ecfr.gov/cgi-bin/text-
idx?SID=9eae3 f8eaa991 f0411 f3 83b74003bcb 1&mc=true&node=pt24.3.570&rgn=div5#se24.3.5
70 1607
E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm
4.19 Public Law 100-430-the Fair Housing Amendments Act of 1988.
https://www.ncbi.nlm.nih.gov/pubmec1/12289709
4.20 2 CFR 200 et seq-Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title02/2cfr200 main 02.tpl
4.21 Immigration Reform and Control Act of 1986
https://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html
4.22 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give,
either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any
COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311.
Florida Statutes-
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https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii
Collier County-
http://www.colliergov.net/home/showdocument?id=35137
4.23 Order of Precedence-In the event of any conflict between or among the terms of any of the Contract
Documents,the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
4.24 Venue-Any suit of action brought by either party to this Agreement against the other party,relating
to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in
Collier County,FL which courts have sole jurisdiction on all such matters. (No reference required
for this item).
4.25, Dispute Resolution-Prior to the initiation of any action or proceeding permitted by this Agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes.The litigation arising out of this Agreement shall be adjudicated in Collier County,Florida,
if in state court and the US District Court, Middle District of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
https://www.flsenate.gov/Laws/Statutes/2012/44.102
4.26 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfogov/content/pkg/USCODE-
2010-title42/htm 1/USCODE-2010-title42-chap85.htm
https://www.law.cornell.edu/uscode/text/42/chapter-85
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.govinfo.gov/content/pkg/USCODE-2011-title33/pdf/USCODE-2011-title33-
chap26.pdf
https://www.law.cornell.edu/uscode/text/33/chapter-26
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4.27 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 570.605 Subpart K),the SUBRECIPIENT shall assure that for activities located in an
area identified by FEMA as having special flood hazards,flood insurance under the National Flood
Insurance Program is obtained and maintained. If appropriate,a letter of map amendment(LOMA)
may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said
flood insurance.
https://www.law.cornell.edu/cfr/text/24/5 70.605
4.28 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this Agreement shall be subject to the HUD Lead-Based Paint Poisoning
Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo.gov/fdsys/granule/CFR-
2000-title24-vo13/CFR-2000-title24-vo13-sec570-608-id 163
4.29 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this Agreement.
https://www.nps.gov/history/local-law/nhpa 1966.htm
https://www.achp.gov/sites/defaultlfiles/regulations/2017-02/regs-rev04.pdfln general, this
requires concurrence from the State Historic Preservation Officer for all rehabilitation and
demolition of historic properties that are fifty years old or older or that are included on a Federal,
State or Local historic property list.
https://wwvv.nps.gov/historv/local-law/nhpa1966.htm
4.30 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with
the Drug-Free Workplace Act of 1988 (41 USC 701).
https://www.gpo.gov/fdsys/granule/USCODE-2009-title4 l/USCODE-2009-title41-chap 10-
sec70l
4.31 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not
knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from participating in this covered transaction as outlined in 24
CFR 570.609, Subpart K.
https://www.archive s.gov/federal-regi ster/cod ification/executive-order/12549.htm I
4.32 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable
and agrees to adhere to the accounting principles and procedures required therein, utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred. These
requirements are enumerated in 2 CFR 200, et seq.
4.33 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be
submitted to the COUNTY nine(9)months after the end of the SUBRECIPIENT's fiscal year. The
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SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty(180)days after the end of the SUBRECIPIENT'S
fiscal year. Per 2 CFR 200.344, if this Agreement is closed out prior to the receipt of an audit
report,the COUNTY reserves the right to recover any disallowed costs identified in an audit after
such closeout.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=5a78addefff9a535e83 fed3010308aef&mc=true&node=se2.1.200_1344&rgn=div8
4.34 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101,shall be subject
to the provisions of CDBG including, but not limited to, the provisions on use and disposition of
property. Any real property within SUBRECIPIENT control, which is acquired or improved, in
whole or part, with CDBG funds in excess of$25,000, must adhere to the CDBG Regulations at
24 CFR 570.505.
https://www.Qpo.gov/fdsys/granule/CFR-1999-tit1e49-vol l/CFR-1999-title49-vol l-sec24-101
https://www.govinfo.gov/app/detai ls/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-505
4.35 As provided in§287.133,Florida Statutes,by entering into this Agreement or performing any work
in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.
This notice is required by § 287.133 (3)(a), Florida Statutes.
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search String=&UR
L=0200-0299/0287/Sections/0287.133.html
4.36 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress,in connection with the awarding of any Federal contract,the making of any Federal grant,
the making of any Federal loan,the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions. The undersigned shall require that the language of
this certification be included in the award documents for all sub-awards at all tiers (including
subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
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4.37 Travel reimbursement will be based on the U.S. General Services Administration(GSA) per diem
rates in effect at the time of travel.
https://www.gsa.gov/portal/content/104877
4.38 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
4.39 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. 1701x, per 24 CFR 5.111.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=e339ece9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6
https://www.law.cornell.edu/cfr/text/24/5.111
4.40 HUD Final Rule—Implementation of the Violence Against Women Reauthorization Act of 2013
which applies for all victims of domestic violence, dating violence, sexual assault,and stalking,
regardless of sex,gender identity, or sexual orientation,and which must be applied consistent
with all nondiscrimination and fair housing requirements.
https://www.federalregister.gov/documents/2016/11/16/2016-25888/vio lence-against-women-
reauthorization-act-of-2013-implementation-in-hud-housing-programs
4.41 Any rule or regulation determined to be applicable by HUD.
4.42 Florida Statutes 713.20,Part 1, Construction Liens
https://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700-
0799/0713/0713.html
4.43 Florida Statutes 119.021 Records Retention
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=D isplay_Statute&URL=0100-
0199/0119/Sections/0119.021.htm 1
4.44 Florida Statutes, 119.071, Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfln?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.071.html
4.45 Limited English Proficiency: The SUBRECIPIENT 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.
4.46 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 SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see
https://oip.gov/about/ocr/partnerships.htm. Discrimination on the basis of religion in employment
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is generally prohibited by federal law,but the Religious Freedom Restoration Act is interpreted on
a case-by-case basis to allow some faith-based organizations to receive DOJBJA funds while
taking into account religion when hiring staff. Questions in this regard should be directed to the
Office for Civil Rights.
4.47 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records
in the employment context, except when specifically authorized. The SUBRECIPIENT 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://ojp.gov/about/ocr/pdfs/UseofConviction Advisory.pdf for more details.
4.48 Byrd Anti-Lobbying Amendment(31 U.S.C. § 1352): The SUBRECIPIENT 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 SUBRECIPIENT 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.
4.49 False Claim;Criminal,or Civil Violation: SUBRECIPIENT 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 funds 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
4.50 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.
4.51 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), DOJBJA encourages
recipients and subrecipients to adopt and enforce policies banning employees from text messaging
while driving any vehicle during the course of performing work funded by DOJBJA and to
establish workplace safety policies and conduct education, awareness, and other outreach to
decrease crashes caused by distracted drivers.
4.52 Trafficking in Persons: The SUBRECIPIENT 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 SUBRECIPIENT and any employees of the
SUBRECIPIENT. The details of the SUBRECIPIENT'S obligations related to prohibited conduct
related to the trafficking of persons are posted at
https://ojp.gov/funding/Explore!ProhibitedConduct-Trafficking.htm.
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4.53 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT
understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in
support of any contract or subaward to either ACORN or its subsidiaries,without the express prior
written approval of OW.
4.54 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment, or performance of experimental,
developmental,or research work under this funding agreement,the SUBRECIPIENT must comply
with the requirements of 37 CFR Part 401,"Rights of Inventions Made by Nonprofit Organizations
and Small Busines Firms Under Government Grants,Contracts,and Cooperative Agreements,"and
any implementing regulations issued by HUD.
https://www.ecfr.gov/cgi-
bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de761 dc64c0&mc=true&n=pt37.1.401&r
=PART&ty=HTML
(Signature Page to Follow)
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IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an
authorized person or agent, hereunder set their hands and seals on the date first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
CRYSTAL K. KINZEL, CLERK COLLIE UNTY, FLO A By: ',
Iftt..)qAA•t•tiM,70.4t-MilCVA- —
'eZ'`
•
;.Deputy Clerk BURT L. SAUNDERS, CHAIRMAN
Attest as to Cnairrriali s
jignature only.
Date: Q E ) ao as
Dated:
ao�) CITY OF NAPLES
(SEAL)
By: -
HONORABLE TERESA HEI ANN, MAYOR
Date: �Q IL, 2 Zb'2F)
Approved as to form and legality: Approved as to form and legality:
-----
Jennifer A. Belpedio �p-N s D. Fox
Assistant County Attorne to City Attorney
Date: q\C6 \aOaO Date: 7_A ' `r
T •07
v,\f Try
/j'�. sica R.'Rosenber�j, eputy City
Item# C(V
Agenda/1211 Jo
Date
Date
Rec'd
, Cier k
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PART V
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County,c/o Community and Human Services Division,3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440,Florida Statutes.
2. Commercial General Liability, including products and completed operations insurance, in the
amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement, in an amount not less than$1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1 —3 above,a Certificate of Insurance must be provided as follows:
4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out of the
services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this Agreement. This insurance shall be maintained for a period of two (2)years
after the certificate of Occupancy is issued.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its
Subcontractors to provide, original certificates indicating the following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an"All Risk"basis, in an amount not less than one
hundred(100%)percent of the insurable value of the building(s)or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4001),
the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal
Emergency Management Agency(FEMA) as having special flood hazards, flood insurance under
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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 Agreement:
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 Agreement in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
10. Property Insurance coverage on an"All Risk"basis,in an amount not less than one hundred(100%)
of the replacement cost of the property.Collier County must be shown as a Loss payee,with respect
to this coverage A.T.I.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full
replacement values of the structure(s) or the maximum amount of coverage available through the
National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee
A.T.I.M.A.
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EXHIBIT B
COLLIER COUNTY COMMUNITY&HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SUBRECIPIENT Name: City of Naples
SUBRECIPIENT Address: 735 8th Street South,Nples,FL 34102-1401
Project Name: River Park Crosswalk Safety Project
Project No: CD20-04_ Payment Request#
Total Payment Minus Retainage
Period of Availability: October 1,2020 through April 30,2022
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
Subrecipient 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 SUBRECIPIENT.To the best of my knowledge and belief,
all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor(Approval required$15,000 and above) Division Director(Approval Required$15,000
and above)
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EXHIBIT C
QUARTERLY PERFORMANCE REPORT DATA
GENERAL-COUNTY is required to submit to HUD,through the Integrated Disbursement and Information
System(IDIS)Performance Reports. The COUNTY reports information on a quarterly basis. To facilitate
in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within
ten (10) days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be
required to enter the information collected on this exhibit into an online grant management system.
Agency Name: City of Naples Date:
Project Title: River Park Crosswalk Safety Project IDIS#:
Program Contact: Felix Gomez Telephone Number: 239-213-7101
Activity Reporting Period Report Due Date
October 1st—December 31:t January 10th
January 1st—March 31 st April 10th
April 1st—June 30th July 10th
July Pt—September 30th October 10th
REPORT FOR QUARTER ENDING:(check one that applies to the corresponding grant period):
12/31/20 3/31/21 6/30/21 9/30/21
Please note: The CDBG/HOME/ESG Program year begins October 1,2020—September 30,2021.Each quarterly report
must include cumulative data beginning from the start of the program year October 1,2020.
1. Please list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement and indicate your
progress in meeting those goals since October 1,2020.
a. Outcome Goals: list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement
Outcome 1: Purchase, Construction,and Installation of embedded lights in the asphalt at all crosswalks
at 2 intersections on Goodlette-Frank Road
Outcome 2: Submission of Davis-Bacon certified payrolls
Outcome 3: Meeting a National Objective
b. Goal Progress: Indicate the progress to date in meeting each outcome goal.
Outcome 1:
Outcome 2:
Outcome 3:
2. Is this project still in compliance with the original project schedule: Yes No
If No,Explain:
3. Since October 1,2020;of the persons assisted,how many...
Answer ONLY for Public Facilities&Infrastructure Activities *03 Matrix Codes
a. ...now have new access(continuing)to this service or benefit? 0
b. ...now have improved access to this service or benefit? 0
c. ...now receive a service or benefit that is no longer substandard? 0
Total 0
4. What funding sources did the SUBRECIPIENT apply for this period?
Section 108 Loan Guarantee $ CDBG $
Other Consolidated Plan Funds $ HOME $
Other Federal Funds $ ESG $
$ HOPWA $
$ Total Entitlement $
Funds
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5. What is the total number of UNDUPLICATED Persons(LMC)or Households(LMH)served this QUARTER, if
applicable? Answer question 5a or 5b;NOT both
For LMC activities: people,race/ethnicity,and income data are reported by persons.
For LMH activities: households,race/ethnicity,and income level are reported by households,regardless
the number of persons in the household.
a. Total No.Persons/Adults served(LMC) 0 Total No.persons served under 18 0
(LMC)
Quarter Total No.of Persons 0 Quarter Total No.of Persons 0
b. Total No.of Households served 0 Total No.of female head of household 0
(LMH)
6. What is the total number of UNDUPLICATED clients served since October,if applicable?
Answer question 6a or 6b,NOT both
For LMC activities:race/ethnicity and income data are reported by persons.
a. Total No.Persons/Adults served(LMC) 0 Total No Persons served under 18 0
(LMC)
YTD Total: 0 YTD Total 0
b. Total No.Households served(LMH) 0 Total No.female head of household(LMH) 0
YTD Total 0 YTD Total 0
Complete EITHER question 7 or 8,NOT both
Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed
Benefit categories.
7. PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY
(LMC)Quarter (LMC)YTD
Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED
served this quarter who fall into each presumed benefit persons served since October 1 who fall into each
category(the total should equal the total in question#6a presumed benefit category(the total should equal the
or 6b): total in question#6a or 6b):
a Presumed Benefit Activities Only(LMC)QTR b Presumed Benefit Activities Only(LMC)YTD
0 Abused Children ELI 0 Abused Children ELI
0 Homeless ELI 0 Homeless Person ELI
Person
0 Migrant Farm LI 0 Migrant Farm Workers LI
Workers
0 Battered LI 0 Battered Spouses LI
Spouses
0 Persons LI 0 Persons w/HIV/AIDS LI
w/HIV/AIDS
0 Elderly Persons LI or MOD 0 Elderly Persons LI or
MOD
0 Illiterate Adults LI 0 Illiterate Adults LI
0 Severely LI 0 Severely Disabled Adults LI
Disabled Adults
0 Quarter Total 0 YTD Total
8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category.
Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range
Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED
served this Quarter who fall into each income category persons served since October 1 (YTD)who fall into
(the total should equal the total in question#6): each income category(the total should equal the total
in question#6):
City of Naples
CD20-04
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a ELI Extremely Low Income(0-30%) 0 b ELI Extremely Low 0
Income(0-30%)
LI Low Income(31-50%) 0 LI Low Income 0
MOD Moderate Income(51-80%) 0 MOD Moderate Income 0
(51-80%)
NON-L/M Above Moderate Income(>80%) 0 NON-L/M Above Moderate 0
Income(>80%)
Quarter Total ! 0 YTD Total 0
9. Is this project in a Low/Mod Area(LMA)? YES NO
Was project completed this quarter? YES NO If yes,complete all of this section 9.
Date project completed
Block Group Census Tract Total Beneficiaries Low/Mod Low/Mod Percentage
Beneficiaries
0 0 0 0 0
Date LMA Narrative approved by CHS?
What documentation supports project completion? (i.e.,
Certificate of Completion or Certificate of Occupancy,
etc.)
10. Racial&Ethnic Data(if applicable)
Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients
clients served this Quarter fall into each race served since October(YTD)fall into each race category. In
category.In addition to each race category,please addition to each race category please indicate how many
indicate how many persons in each race category persons in each race category consider themselves
consider themselves Hispanic. (Total Race column Hispanic. (Total Race column should equal the total in
should equal the total in question 6.) question 6.)
a. RACE ETHNICITY b. RACE ETHNICITY
/HISPANIC /HISPANIC
White _ 0 0 White 0 0
Black/African American 0 0 Black/African American 0 0
Asian 0 0 Asian 0 0
American Indian/Alaska Native 0 0 American Indian/Alaska 0 0
Native
Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific 0 0
Islander
Black/African American&White 0 0 Black/African American& 0 0
White
American Indian/Alaska Native& 0 0 American Indian/Alaska 0 0
Black/African American Native&Black/African
American
Other Multi-racial 0 0 Other Multi-racial 0 0
0 0 0 0
Name:
Signature:
Title:
Your typed name here represents your electronic signature
City of Naples
CD20-04
River Park Crosswalk Safety Project 38
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EXHIBIT D
INCOME CERTIFICATION
INSTRUCTIONS
Complete form, and retain appropriate supporting documentation, to document providing CDBG
assistance to an eligible beneficiary. Please file in your organization's records and have on hand
for future monitoring visits.
Effective Date:
A. Household Information
Member Names—All Household Members Relationship Age
1
2
3
4
5
6
7
8
B. Assets: All Household Members,Including Minors
Member Asset Description Cash Value Income
from Assets
1
2
3
4
5
6
7
8 0.00
Total Cash Value of Assets B(a) 0.00
Total Income from Assets B(b) 0.00
If line B(a) is greater than$5,000, multiply that amount by the rate specified
by HUD(applicable rate 0 .06%)and enter results in B(c), otherwise leave
blank. B(c)
City of Naples
CD20-04
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C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of
Minors
Member Wages/ Benefits/ Public Other
Salaries Pensions Assistance Income
(include tips, Asset
commissions, Income
bonuses,and
overtime) (Enter the
1 greater of
2 box B(b) or
3 box B(c),
4 above, in
box C(e)
5 below)
6
7
8
Totals (a) (b) (c) (d) (e)
0.00 0.00 0.00 0.00
Enter total of items C(a)through C(e). 0.00
This amount is the Annual Anticipated Household Income.
D. Recipient Statement: The information on this form is to be used to determine maximum
income for eligibility. I/we have provided, for each person set forth in Item A, acceptable
verification of current and anticipated annual income. Uwe certify that the statements are true
and complete to the best of my/our knowledge and belief and are given under penalty of perjury.
WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations
concerning income and assets or liabilities relating to financial condition is a misdemeanor of the
first degree and is punishable by fines and imprisonment provided under S. 775.082 and 775.083.
Signature of Head of Household Date
Signature of Spouse or Co-Head of Household Date
Adult Household Member(if applicable) Date
Adult Household Member(if applicable) Date
City of Naples
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E. CDBG Grantee Statement: Based on the representations herein, the family or
individual(s) named in Item A of this Income Certification is/are eligible under the
provisions of the CDBG Program. The family or individual(s)constitute(s)a:
❑ Extremely Low Income (ELI) Household means and individual or family whose annual income
does not exceed 30/50th of the Very Low Income (60 percent of VLI)percent of the area median
income as determined by the U.S. Department of Housing and Urban Development with
adjustments for household size. (Maximum Income Limit$ ).
❑ Very Low Income (VLI) Household means and individual or family whose annual income does
not exceed 50 percent of the area median income as determined by the U.S.Department of Housing
and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
❑ Low Income (LI) Household means and individual or family whose annual income does not
exceed 80 percent of the area median income as determined by the U.S. Department of Housing
and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
Based upon the (year) income limits for the Naples-Marco Island Metropolitan
Statistical Area(MSA)of Collier County,Florida.
Signature of the CDBG Administrator or His/Her Designated Representative:
Signature Date
Printed Name Title
F. Household Data
Number of Persons
By Race/Ethnicity By Age
Native
American Hawaiian or 0—25 26—40 41 —61 62+
Indian Asian Black Other Pac. White Other
Islander
Hispanic
Non-
Hispanic
NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical
use only. No beneficiary is required to give such information he or she desires to do so, and refusal
to give such information will not affect any right he or she has to the CDBG program.
City of Naples
CD20-04
River Park Crosswalk Safety Project 41
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EXHIBIT E
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if
subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires
that all appropriate documentation is provided regarding your organization's compliance. In determining Federal
awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the
activity occurs that is related to the Federal award, including any Federal award provided by Collier County. The
determination of amounts of Federal awards expended shall be in accordance with the guidelines established by
established by 2 CFR Part 200, Subpart F—Audit Requirements. This form may be used to monitor Florida Single
Audit Act (Statute 215.97) requirements.
Subrecipient City of Naples
Name
First Date of Fiscal Year(MM/DD/YY) Last Date of Fiscal Year(MM/DD/YY)
10/01/2020 09/30/2021
Total Federal Financial Assistance Expended Total State Financial Assistance Expended during
during most recently completed Fiscal Year most recently completed Fiscal Year
$ $
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has
❑ been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed
or will be completed by . Copies of the audit report and management letter
are attached or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑ ❑ Are a for-profit organization
❑ Are exempt for other reasons —explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit report. While we
❑ understand that the audit report contains a written response to the finding(s), we are
requesting an updated status of the corrective action(s) being taken. Please do not provide
just a copy of the written response from your audit report, unless it includes details of the
actions, procedures, policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
06/18
City of Naples
CD20-04
River Park Crosswalk Safety Project 42