Backup Documents 03/23/2021 Item #16D 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 0 6
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routinglines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Lisa N. Can Community and Human LNC 3/22/21
Services
2. County Attorney Office County Attorney OfficeWVIS "S i 23r2.,\
3. BCC Office Board of Countybtil
Commissioners
Minutes and Records Clerk of Court's Office /
4. 3/zb01
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Lisa N.Can, Sr.Grant Coordinator, Phone Number 239-252-2339
Contact/ Depat trnent Community and Human Services
Agenda Date Item was March 23, 2021 Agenda Item Number 16.D
Approved by the BCC
Type of Document Recommendation to approve and authorized Number of Original 3
Attached the Chairperson to sign an agreement between Documents Attached
Collier County and Housing Development
Corporation of SW Florida,Inc .....
PO number or account II het
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? N t _ O� No/
✓� LNC
2. Does the document need to be sent to another agency for additional signatures? If yes, LNC
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 LNC
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 LNC
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 LNC
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's LNC
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip LNC
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 3/23/21 and all changes made during the
meeting have been incorporated in the attached document. The County Attorney's . tiot'
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the i
BCC,all changes directed by the BCC have been made,and the document is ready for the pi,
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1 6 D 6 .""
Instructions
1) Return signed originals to:
Lisa N. Car
Sr. Grants, Coordinator
Collier County Government I Community and Human Services
3339 E. Tamiami Trail, Bldg. H, Suite 211
Naples, FL 34112
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1 6 D 6
MEMORANDUM
Date: March 29, 2021
To: Lisa Carr, Grants Coordinator
Community Human Services
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: An agreement between Collier County and Housing Development
Corporation of SW Florida, Inc., d/b/a HELP to provide
administration of a mortgage and utility assistance program
through the Collier County Assistance Funds
Attached are two original copies of the document referenced above, (Item #16D6)
approved by the Board of County Commissioners on Tuesday, March 23, 2021.
The third original will be held in the Minutes and Records Department for the Board's
Official Record.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment (2)
16D6
General Fund Program# CAP 2021-01
Total Amount of Funds $100,000.00
Awarded
SUBRECIPIENT Name Housing Development
Corporation of SW
Florida,Inc. d/b/a HELP
DUNS# 830181330
FEIN 38-3695928
R&D No
Indirect Cost Rate No
Period of Performance March 29, 2021 through
December 31,2021
Fiscal Year End June 30th
Monitor End: March 2022
AGREEMENT BETWEEN COLLIER COUNTY
AND
Housing Development Corporation of SW Florida, Inc. d/b/a HELP
Collier Assistance Program
THIS AGREEMENT is made and entered into this 23 day of Ina rc_h 2021, by and between
Collier County, a political subdivision of the State of Florida, (COUNTY or Grantee)having its principal
address at 3339 E Tamiami Trail,Naples FL 34112,and Housing Development Corporation of SW Florida,
Inc. d/b/a HELP, (SUBRECIPIENT), having its principal office at 3200 Bailey Lane, Suite 109, Naples,
FL 34105.
WHEREAS, the COUNTY has allocated local funds for the creation of the Collier County
Assistance Program grant for the undertaking of certain activities to assist the community in navigating the
impact of the COVID-19 outbreak; and
WHEREAS, the SUBRECIPIENT has applied for and, based on the information provided by the
SUBRECIPIENT, is qualified to receive Program funding; and
WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in the undertaking of the Collier County Assistance Program.
NOW,'THEREFORE, in consideration of the covenants and agreements herein contained,
and for other good and valuable consideration, the Parties hereby agree that the COUNTY will
provide a Grant to the SUBRECIPIENT upon and subject to all general conditions, terms,
covenants, and agreements herein set forth.
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PART I
SCOPE OF WORK
The SUBRECIPIENT shall,in a satisfactory and proper manner and consistent with any standards required
as a condition of providing Collier County Assistance grant funding, as determined by Collier County
Community and Human Services Division (CHS), perform the tasks necessary to conduct the program as
follows:
Project Name: Collier County Assistance Program
Description of project and outcome: This program is designed to assist homeowners residing in
Collier County who are delinquent on mortgage and utility payments due to COVID-19 impacts.
Utility assistance include electric and water.
Household income qualifications cannot exceed 140 percent AMI. Exclusion from household
income is earned income in excess of$480 for full-time student, unless student is the head of the
family, spouse, or co-applicant.
Financial assistance through the program cannot exceed$10,000..00 which includes mortgage and
utility assistance per household. Homeowners are required to participate in a housing counseling
service.
Assistance will be provided on a first-come first-qualified basis.
The SUBRECIPENT must process applications and submit them for approval through the
Neighborly software online application system provided by Collier County Community and Human
Services (CHS). SUBRECIPIENT shall facilitate document submission and work directly with
applicants to complete the application process. SUBRECIPIENT will receive Four Hundred
ninety-five dollars and zero cents ($495.00.00) per approved, financially assisted, and housing
counseled applicant.
Project Component One: Project Administration: Process and submit mortgage and utility
assistance applications and provide housing counseling services for all applicants who have
benefitted from the program.
1. Project Tasks:
a. Submit monthly payment request, as provided in the Exhibit B
b. Submit monthly progress report,as provided in the Exhibit C
2. Collier Assistance Program Documentation Requirements Compliance Criteria:
Activities carried out with funds provided under this Agreement will contribute to a
program designed to provide financial assistance for families in Collier County who have
lost jobs, been furloughed or have experienced a reduction of income due to the COVID-
19 pandemic.The financial assistance will pay for past due mortgage,utility payments, as
well has housing counseling to prevent foreclosure. All documentation requirements are
evident in the approved application for assistance.
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1.1 GRANT AND SPECIAL CONDITIONS
The COUNTY's obligation to fund the Grant is subject to the following conditions precedent.
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.
B. The following policies must be submitted within sixty (60) days of execution of this
Agreement:
Affirmative Fair Housing Policy
• Affirmative Action/Equal Opportunity Policy
• Conflict of Interest Policy
• Procurement Policy
Sexual Harassment Policy
❑ Section 504/ADA Policy
® Fraud,Waste, and Abuse Policy
• Limited English Proficiency Policy(LEP)
❑ Violence Against Women Act(VAWA)Policy
C. Annual SUBRECIPIENT Training—
SUBRECIPIENT shall participate in Neighborly and Fair Housing training as scheduled,
if necessary.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Description Local Funds Amount
Project Component 1: Project Administration $100,000.00
Total Funds: $100,000.00
The SUBRECIPIENT will accomplish the following checked project tasks:
• Maintain and provide to the COUNTY, as requested, beneficiary and/or income
certification documentation
• Maintain Eligibility Documentation,retained at SUBRECIPIENT location
• Provide Monthly project progress reports to the COUNTY
• Ensure 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
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B. 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(Exhibit A Within 30 days of Agreement
execution and Annually within
thirty(30) days of renewal, if
necessary
Detailed Project Schedule Project Schedule Within sixty(60)days of
Agreement execution
Monthly Progress Report Exhibit C Monthly reports.
Annual Audit Monitoring Exhibit D Within 60 days after end of FY
Report end
Financial and Compliance Audit Audit,Management Letter, and Annually,nine(9)months after
Exhibit D FY end for Single Audit OR one
hundred eighty(180) days after
FY end.
Program Income Reuse Plan N/A N/A
C. Payment Deliverables
Payment Deliverable Payment Supporting Documentation Submission Schedule
Project Component 1: Project Submission of supporting documents Submission of
Administration must be provided, as evidenced by,a monthly invoices.
Neighborly report of approved and
financial assisted applicants and a copy of
the signed housing counseling disclosure
and certificate. (Exhibit B)
1.3 PERIOD OF PERFORMANCE
The SUBRECIPIENT's services shall start on March 29,2021 and shall end on December 31,2021
unless terminated earlier, in accordance with provisions of Paragraph 3.9 Defaults,Remedies, and
Termination.
If SUBRECIPIENT complies with all requirements set forth herein,this Agreement shall terminate
on December 31, 2021, whereupon all SUBRECIPIENT obligations for repayment of funds shall
cease.Notwithstanding the foregoing,the COUNTY expressly reserves and does not waive its right
to recover any damages arising from or relating to SUBRECIPIENT's breach of any of the
Documents, including but not limited to this Agreement and/or any attachments hereto, which
occurred in whole or in part before said termination.
The County Manager or designee may extend the term of this Agreement for a period of up to 180
days after the end of the Agreement. Extensions must be authorized,in writing,by formal letter to
the SUBRECIPIENT.
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1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available ONE HUNDRED THOUSAND DOLLARS and ZERO
CENTS($100,000.00)for use by SUBRECIPIENT during the term of the Agreement(hereinafter,
referred to as the"Funds.") SUBRECIPIENT may use Funds only for expenses eligible under this
Agreement.
The COUNTY requires that Funds from the Collier County Assistance Program only be used to
cover expenses that:
A. Are necessary to assist with mortgage or utility expenditures incurred due to the public
health emergency with respect to the Coronavirus Disease 2019 (COVID-19).
B. Were incurred during the period that begins on March 1, 2020 and ends December 30,
2021.
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 shall 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 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 funds until 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
from March 1, 2020 through December 30,2021. Invoices for work performed are required every
month. If no work has been performed during a 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 fifteen (15) days after the end of the Agreement. Work
performed during the term of the program but not invoiced within fifteen(15)days after the end of
the Agreement may not be processed without written authorization from the Grant Coordinator.
No payment will be made until approved by CHS for compliance and adherence to any and all
applicable local requirements. Reimbursements will only be made for expenditures that the
COUNTY provisionally determines are eligible under the Collier County Assistance Program.
However,the COUNTY's provisional determination that an expenditure is eligible does not relieve
the SUBRECIPIENT of its duty to repay the COUNTY for any expenditures that are later
determined by the COUNTY to be ineligible.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 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.
SUBRECIPIENT may only incur direct costs that may be attributed specifically to the project(s)
referenced above. SUBRECIPIENT must provide adequate documentation for validating costs
incurred. Payments to SUBRECIPIENT's contractors and vendors are conditioned upon
compliance with Collier County procurement requirements.
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. Either party
may change the address to which notices are to be sent to it by giving written notice of such change
to the other parting in the manner herein provided for giving notice.Any notice,request,instruction,
or other document 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: Lisa N. Carr, Grant Coordinator
Collier County Community and Human Services Division
3339 E Tamiami Trail, Suite 211
Naples,Florida 34112
Email: Iisa.ca rr@colliercountyfl.gov
Telephone: (239)252-2339
SUBRECIPIENT ATTENTION: Michael Puchalla,Executive Director
Housing Development Corporation of SW Florida,Inc.d/b/a HELP
3200 Bailey Lane, Suite 109
Naples,Florida 34105
Email: michael@collierhousing.com
Telephone: (239)434-2397
Remainder of Page Intentionally Left Blank
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PART II
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 for review, inspection, or audit,
all records, documentation, and any other data relating to all matters covered by the Agreement.
SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after
receipt of the report. SUBRECIPIENT'S failure to comply with the above audit requirements will
constitute a violation of this Agreement and may result in the withholding of future payments.
SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with
current COUNTY policy concerning SUBRECIPIENT audits.
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records, in accordance with Section 119.021,
Florida Statutes, to determine compliance with the requirements of this Agreement and all other
laws and regulations. This documentation shall include but is not limited to the following:
A. SUBRECIPIENT agrees to execute such documents as may be required by law or prepared
by the COUNTY to confirm SUBRECIPIENT's Agreement.
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. SUBRECIPIENT shall make available to COUNTY at any time upon request, all reports,
plans, surveys, information, documents, maps, books, records, and other data procedures
developed, prepared, assembled, or completed for this Agreement. 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.These records
shall be maintained to the extent of such detail to properly reflect all net costs, direct and
indirect labor,materials,equipment,supplies and services,and other costs and expenses of
whatever nature for which reimbursement is claimed under the provisions of this
Agreement.
D. Upon completion of all work contemplated under this Agreement, copies of all documents
and records relating to this Agreement shall be surrendered to CHS, if requested. In any
event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a
readily accessible, permanent, and secured location for three (3) years after the date of
submission of the annual performance and evaluation report. However, if any litigation,
claim,or audit is started before the expiration date of the three(3)year period,the records
will be maintained until all litigation, claim, or audit findings involving these records are
resolved. If SUBRECIPIENT ceases to exist after the closeout of this Agreement, it shall
notify COUNTY in writing, of the address where the records are to be kept.
SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at
no cost to COUNTY,all public records in SUBRECIPIENT's possession upon termination
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of the Agreement,and destroy any duplicate exempt and/or confidential public records that
and released from public records disclosure requirements.All records stored electronically
must be provided to the COUNTY in a format that is compatible with the COUNTY's
information technology systems.
IF 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 ar,colliercountyfl.gov, 3299 Tamiami Trail E, Naples
FL 34112.
E. 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.
F. Notwithstanding any provision in the Documents to the contrary, SUBRECIPIENT agrees
that the failure or delay by the COUNTY in giving any notice or statement hereunder or
under any other Document, or any inaccuracy therein or incompleteness thereof, shall not
in any way alter or affect the absolute and unconditional obligation of the SUBRECIPIENT
to pay and perform in full,the obligations set forth hereunder, but any action taken or not
taken by SUBRECIPIENT as a direct result of such lack or delay of notice, or of
SUBRECIPIENT's good faith reliance upon a material inaccuracy therein or the material
incompleteness thereof, as the case may be, shall not in and of itself, and to the extent
thereof, constitute an Event of Default hereunder, so long as SUBRECIPIENT does not
otherwise have or receive notice or knowledge of the material contents or substance of such
notice,or of the intended substance of any inaccurate or incomplete notice,as the case may
be, and the SUBRECIPIENT acts, at all times, in good faith.
2.3 MONITORING
During the term of the Agreement, SUBRECIPIENT shall submit an annual Single Audit report
(Exhibit D)to the COUNTY no later than nine (9) months (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. SUBRECIPIENT shall, upon request by
CHS, submit information and status reports required to enable CHS to evaluate said progress and
allow for completion of required reports. SUBRECIPIENT shall allow CHS to monitor
SUBRECIPIENT on site.Such site visits may be scheduled or unscheduled,as determined by CHS.
The COUNTY will monitor the performance of 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.
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Substandard performance, as determined by CHS, will constitute noncompliance with this
Agreement. If SUBRECIPIENT does not take corrective action within a reasonable period after
being notified by CHS, Agreement suspension or termination procedures will be initiated.
SUBRECIPIENT agrees to provide the Florida Office of Inspector General, the Florida Auditor
General, 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,WASTE,AND ABUSE
SUBRECIPIENT shall establish,maintain, and utilize internal systems and procedures to prevent,
detect,and correct incidents of fraud,waste, and abuse in the performance of this Agreement, and
provide proper and effective management of all Program and Fiscal activities of the Agreement.
SUBRECIPIENT's internal control systems and all transactions and other significant events shall
be clearly documented, and the documentation shall be readily available for monitoring by
COUNTY.
SUBRECIPIENT shall provide COUNTY with complete access to all 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
fraud,waste, and abuse.
SUBREICIPIENT acknowledges that 31 USC Chapter 38, Administrative Remedies for False
Claims and Statements,applies to the actions of SUBRECIPIENT and its contractors pertaining to
this Agreement.
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 the COUNTY or to any
appropriate law enforcement authority, if the report is made in good faith.
2.5 DUPLICATION OF BENEFITS
In consideration of SUBRECIPIENT's receipt of funds from the COUNTY, SUBRECIPIENT
hereby assigns the COUNTY all of its future rights to reimbursement and all payments received
from any grant, subsidized loan, or insurance policies of any type or coverage, or any
reimbursement or relief program related to or administered by the Federal Emergency Management
Agency, the Small Business Administration, or other program to the extent that proceeds paid to
SUBRECIPIENT under this Agreement, and determined in the sole discretion of the COUNTY to
be a duplication of benefits (DOB). This shall be defined as financial assistance available to the
SUBRECIPIENT that can be used to pay the costs described under Budgeted Costs for the scope
of work described in this Agreement that are to be paid for by this grant.
SUBRECIPIENT agrees to immediately notify the COUNTY upon receiving any proceeds from
other relief or loan programs for this scope of work,which were not already described in the grant
application.If some or all the proceeds are determined to be a DOB,the DOB portion shall be paid
to the COUNTY forthwith.
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2.6 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.
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. The escalation policy for noncompliance is as follows:
1. Initial noncompliance may result in the COUNTY issuing Findings or Concerns to
SUBRECIPIENT, which will require SUBRECIPIENT to submit a corrective
action plan 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
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
to be returned to the COUNTY.
• The COUNTY may require upwards of 5 percent of the award amount to 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 remains noncompliant or repeats an issue that was previously
corrected, and has been informed by the COUNTY of their substantial
noncompliance by certified mail, the COUNTY may require a portion of the
awarded grant amount or the amount of the investment for acquisition of the
properties conveyed,to be returned to the COUNTY.
• The COUNTY may require upwards of 10 percent of the award amount to 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. SUBRECIPIENT will be required to
repay all funds disbursed by the COUNTY for the terminated project. This
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includes the amount invested by the COUNTY for the initial acquisition of
properties or other activities.
• The SUBRECIPIENT will be considered in violation of Resolution No.
2013-228.
If 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.
2.7 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports and
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 monthly progress reports to the
COUNTY on the 10th day of each month, for the prior month. As part of the report submitted at
the end of the project, 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,which contains an example reporting form to be used in fulfillment of this requirement.
Other reporting requirements may be required by the County Manager or 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.
Any assignee shall be bound by all the terms of the assigned documents.
3.2 GENERAL COMPLIANCE
SUBRECIPIENT agrees to comply with all other applicable laws, regulations, and policies
governing the funds provided under this Agreement,including the requirement to follow the Collier
County procurement process. 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. SUBRECIPIENT shall
always 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 independent of the COUNTY.
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, available funding amounts, or other reasons. If such
amendments result in a change in the funding, scope of services, or schedule of the activities to be
undertaken as part of this Agreement, such modifications will be incorporated only by written
amendment, signed by both COUNTY and SUBRECIPIENT.
No modification or waiver of any provision of the Documents, nor consent to any departure by
SUBRECIPIENT therefrom shall in any event be effective unless the same shall be in writing,and
such waiver or consent shall be effective only in the specific instance and for the purpose for which
given.No failure or delay on the part of the COUNTY in exercising any right,power, or privilege
hereunder or under the Documents shall operate as a waiver thereof, nor shall a single or partial
exercise thereof preclude any other or further exercise thereof or the exercise of any other right,
power, or privilege.
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3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from local funds provided by COUNTY, and
must be implemented in full compliance with all state and local rules and regulations. In the event
of curtailment or non-production of said funds,or the reduction of funds allocated by the COUNTY,
to a level determined by the County Manager to be insufficient to adequately administer the project,
the financial resources necessary to continue to pay SUBRECIPIENT all or any portion of the funds
will not be available. In either event,the COUNTY may terminate this Agreement,which shall be
effective as of the date 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,
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.
SUBRECIPIENT shall use the proceeds solely for necessary expenditures incurred due to the
COVED-19 public health emergency, and the proceeds of the award will not be loaned, granted, or
assigned to any party and shall in no event be used for any purpose prohibited by the Documents
or Regulations.No proceeds may be used for the purchase of property or construction of existing
property.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, 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'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, defend all suits in the name of the COUNTY,
and pay all costs (including attorney's fees) and judgments which may issue thereon. This
Indemnification shall survive the termination and/or expiration of this Agreement. This section
does not pertain to any incident arising from the sole negligence of 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 Program sponsorships,research reports,and similar public notices,
whether printed or digitally prepared and released by SUBRECIPIENT for, on behalf of, and/or
about.the Program shall include the statement:
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"FINANCED BY COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS AND THE 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,to the general
public.
3.8 DEFAULTS,REMEDIES,AND TERMINATION
This Agreement may be terminated for convenience by either the COUNTY or SUBRECIPIENT,
in whole or in part,by setting forth the reasons for such termination,the effective date, and in the
case of partial terminations, the portion to be terminated. However, in the case of a partial
termination, if 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. This Agreement may also be terminated by the COUNTY, if the award no longer
effectuates the program goals.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement.
A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or
such statutes, regulations, executive orders, and COUNTY guidelines, policies, or
directives as may become applicable at any time.
B. Failure,for any reason,to fulfill its obligations under this Agreement in a timely and proper
manner.
C. Ineffective or improper use of funds provided under this Agreement.
D. Submission of reports to the COUNTY that are incorrect or incomplete in any material
respect.
E. Submission of any false certification.
F. Failure to materially comply with any terms of this Agreement.
G. Failure to materially comply with the terms of any other Agreement between the COUNTY
and SUBRECIPIENT relating to the project.
H. SUBRECIPIENT assigns this Agreement or any money advanced hereunder or any interest
herein.
I. Any representation or warranty made herein or in any report, certificate, financial
statement, or other instrument furnished in connection with this Agreement or the Grant
shall prove to be false in any material respect.
J. If material adverse changes occur in the financial condition of the SUBRECIPIENT at any
time during the Agreement, and SUBRECIPIENT fails to cure this adverse condition
within thirty(30) days from the date written notice is sent by the COUNTY.
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In the event of any default by SUBRECIPIENT under this Agreement,the COUNTY may seek any
combination of one or more of the following remedies.
A. Require specific performance of the Agreement, in whole or in part.
B. Require immediate repayment of all Grant funds to the COUNTY that SUBRECIPIENT
has received under this Agreement, as set forth in Section 6.2.
C. Apply sanctions, if determined by the COUNTY to be applicable.
D. Stop all payments,until identified deficiencies are corrected.
E. Terminate this Agreement by giving written notice to SUBRECIPIENT 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 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 and any accounts receivable attributable to the use of COUNTY funds.
The COUNTY's receipt of any funds on hand at the time of termination shall not waive the
COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the
funds or property, as the COUNTY may deem necessary.
3.10 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until
all required insurance, as outlined in Exhibit A,has been obtained. Said insurance shall be carried
continually 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).
3.12 PURCHASING
SUBRECIPIENT is required to follow procurement standards set forth in Collier County's
Procurement Ordinance #2017-08, as amended, as outlined below. The current purchasing
thresholds are:
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Collier County Procurement Standards:
Range: Competition Required
$0- $3,000 Single Quote with Documentation
$3,001 - $50,000 3 Written Quotes
$50,001+ Formal Solicitation(ITB,RFP, etc.)
During the period of the Declared State of Emergency, emergency and exigent purchases will be
permitted, following Collier County Procurement standards, provided the SUBRECIPIENT
submits sufficient documentation to support cost reasonableness. Acceptance of said
documentation shall be at the COUNTY's sole discretion. Regardless of the state of emergency,
any purchase in excess of$250,000 will be assessed using a price or cost analysis approved by
CHS,prior to purchase.
SUBRECIPIENT shall enter into contracts for purchases with the lowest,responsible,and qualified
bidder. 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
COUNTY funds disbursed under this Agreement, such Program Income shall be utilized by the
SUBRECIPIENT for eligible activities of the Collier Assistance Program approved by COUNTY.
Any"Program Income"(as such term is defined under applicable Federal regulations)gained from
any SUBRECIPIENT activity funded by Collier Assistance Program shall be reported to the
COUNTY through an annual program income re-use plan, utilized by the SUBRECIPIENT
accordingly. In the event there is a program income balance at the end of the Program Year, such
balance shall revert to the COUNTY's Collier Assistance Program grant,for further reallocation.
Purchase of Equipment: Equipment under the SUBRECIPIENT's control that was acquired or
improved, in whole or in part,with Collier Assistance funds shall be used to navigate the impact of
the COVID-19 outbreak, during the term of this Agreement. If the purchase of the asset was
consistent with the limitations on the eligible use of funds provided by section 601 (d)of the Social
Security Act, the SUBRECIPIENT may retain the asset. If such assets are disposed of prior to
December 31, 2021, the proceeds would be subject to the restrictions on the eligible use of
payments from the Fund provided by section 601 (d) of the Social Security Act.
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 expiration
of the Agreement.Activities during this closeout period shall include,but are not limited to making
final payments, disposing of program assets (including the return of all 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. 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
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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.
3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
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 based on 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 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.
3.16 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS
ENTERPRISES
The SUBRECIPIENT will use its best efforts to afford small businesses and,minority and women's
business enterprises the maximum practicable opportunity to participate in the performance of this
Agreement.As used in this Agreement,the term"small business"means a business that meets the
criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and
"minority and women's business enterprise" means a business at least 51 percent owned and
controlled by minority group members or women. For the purpose of this defmition, "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 AFFIRMATIVE ACTION
The SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program
pursuant to the COUNTY's specifications,in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966.The COUNTY shall provide SUBRECIPIENT with
Affirmative Action guidelines 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 Program must be updated throughout the term of the Agreement and must
be submitted to the COUNTY within 30 days of update/modification.
3.18 CONFLICT OF INTEREST
SUBRECIPIENT covenants that no person under its employ,who presently exercises any functions
or responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the Project areas or any parcels therein,which would conflict in any manner or degree
with the performance of this Agreement. SUBRECIPIENT also agrees that it shall not employ or
subcontract any person having any conflict of interest. SUBRECIPIENT covenants that it will
comply with 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 the SUBRECIPIENT's ability to self-manage the projects using its own
employees.
Any possible conflict of interest on the part of 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.
3.19 RELIGIOUS ORGANIZATIONS
Collier Assistance Program funds may be used by religious organizations or on property owned by
religious organizations only in accordance with requirements set forth in Executive Order 13279,
dated December 12,2002,as amended.The SUBRECIPIENT shall comply with First Amendment
Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment and will not
limit or give preference in employment to persons based on religion.
B. It will not discriminate against any person applying for public services and will not limit
such services or give preference to persons based on 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 grant 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, Collier Assistance
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 Collier Assistance funds in this part. Sanctuaries,
chapels, or other rooms that a Collier Assistance funded religious congregation uses as its
principal place of worship,however,are ineligible for grant funded improvements.
3.20 INCIDENT REPORTING
If client services 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.
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3.21 SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
3.22 MISCELLANEOUS
SUBRECIPIENT and the COUNTY each binds itself, its partners, successors, legal
representatives, and assigns of such other party in respect to all covenants of this Agreement.
The SUBRECIPIENT represents and warrants that the financial data,reports,and other information
regarding the Project that it furnished to the COUNTY are accurate and complete, and financial
disclosures fairly represent SUBRECIPIENT's financial position.
SUBRECIPIENT certifies that it has the legal authority to receive the funds under this Agreement
and that its governing body has authorized the execution and acceptance of this Agreement. The
SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and
bind the SUBRECIPIENT to the terms of this Agrement.
The Grant Documents shall be construed in accordance with and governed by the laws of the State
of Florida,without giving effect to its provisions regarding choice of laws.
All activities authorized by this Agreement shall be subject to and performed in accordance with
the provisions of the terms and conditions of the Agreement between the COUNTY, the
Regulations, all applicable federal, state, and municipal laws, ordinances,regulations, orders, and
guidelines, including but not limited to any applicable regulations issued by the DIVISION.
Electronic Signatures.This Agreement,and any related documents entered into in connection with
this Agreement are signed when a parry's signature is delivered by facsimile, e-mail, or any other
electronic medium. These signatures must be treated in all respects as having the same force and
effect as original signatures.
Remainder of Page Intentionally Left Blank
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PART IV
GENERAL PROVISIONS
4.1 Title VI of the Civil Rights Act of 1964,as amended; Title VIII of the Civil Rights Act of 11968,
as amended.
https://www.hud.gov/programdescription/title6
4.2 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.
Executive Order 11246: https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended
Executive Order 11375 and 12086: see item 4.4 below
4.3 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 SUBRECIPIENT, state that it is an Equal Opportunity or
Affirmative Action employer.
https://www.hud.gov/programdescription/title6
4.4 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
4.5 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b) (5).
Section 504: https://www.epa.gov/ocr
29 USC 776: https://law.onecle.com/uscode/29/776.html
4.6 The Americans with Disabilities Act of 1990: Public Law 101-336, 42 U.S.C. Section 12101 et
seq. http://library.clerk.house.gov/reference-files/PPL 101 336 AmericansWithDisabilities.pdf
https://vvww.law.comell.edu/uscode/text/42/12101
4.7 Immigration Reform and Control Act of 1986
https://wwvv.eeoc.govieeoc/history/35th/thelaw/irca.html
4.8 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
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COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311.
Florida Statutes-
https://www.lawserver.com/law/state/florida/statutes/florida statutes_chapter_112 part_iii
Collier County-
http://www.colliergov.net/home/showdocument?id=3 513 7
4.9 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.
4.10 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).
4.11 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
4.12 The SUBRECIPIENT agrees to comply with all applicable standards and agrees to report each
violation for the following:
a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE-
2010-title42/html/USCODE-2010-title42-chap85.htm
https://www.law.cornell.edu/uscode/text/42/chapter-85
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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
4.13 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be
submitted to the COUNTY nine(9)months after the end of the SUBRECIPIENT's fiscal year.The
SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty(180)days after the end of the SUBRECIPIENT'S
fiscal year. Per 2 CFR 200.344, if this Agreement is closed out prior to the receipt of an audit
report,the COUNTY reserves the right to recover any disallowed costs identified in an audit after
such closeout.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=5 a78 addefff a53 5 e83 fed3 0103 0 8aef&mc=true&node=se2.1.200_1344&rgn=div 8
4.14 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
4.15 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-title41/USCODE-2009-title41-chap 10-
sec701
4.16 Any rule or regulation determined to be applicable by the COUNTY.
4.17 Florida Statutes 119.021 Records Retention
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display Statute&URL=0100-
0199/0119/Sections/0119.021.html
4.18 Florida Statutes 119.061 Travel,using approved state travel voucher
http://www.leg.state.fl.us/statutes/index.cfin?App mode=Display Statute&URL=0100-
0199/0112/Sections/0112.061.html
4.19 Florida Statutes, 119.071, Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfin?App_mode=Display_Statute&URL=0100-
0199/0119/Sections/0119.071.html
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4.20 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.
4.21 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://oip.gov/about/ocr/pdfsiUseofConviction_Advisory.pdf for more details.
4.22 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.
4.23 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.
4.24 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving,"74 Federal Register 51225 (October 1, 2009), DIVISION 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 DIVISION
and to establish workplace safety policies and conduct education, awareness, and other outreach to
decrease crashes caused by distracted drivers.
4.25 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.
4.26 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.
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4.27 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 Business Firms Under Government Grants, Contracts, and Cooperative Agreements,"
and any implementing regulations issued by the DIVISION.
https://www.ecfr.gov/cgi-
bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de761 dc64c0&mc=true&n=pt3 7.1.401&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 F NTY COMMI ONE S OF
CRYSTAL K.ICINZEL, CLERK COLLIE TY,FLORIDA
b r , 10 By;
�i
pllth lelk:ess
P NNY TAY R,CI-IAIRP' SON
Os i ' i ' - S
0..),'V d , Date: 3 Z3 Z024
HOUSING DEVELOPMENT CORPORATION OF
Dated: 3' i34 SW FLORIDA,INC. D/B/A HELP
(SEAL)
By; (LjU N wc,LIL__
MICHAEL PUCHALLA,EXECUTIVE
DIRECTOR
Date: (-) / /1( / )-
A proved as to form and legality:
Jenn er . BelpedioCYSZ-1) --C--*--
Assistant County Attorney �,
Date: a 1 3 12.1
Item#
4
ADate vgenda 33°23 rs
Date 3.20.-a.
Reed
aUA4 Q.-f
Deputy Cler `J V
1
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PART V
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County,do 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
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Emergency Management Agency(FEMA) as having special flood hazards, flood insurance under
the National Flood Insurance Program is obtained and maintained, as a condition of financial
assistance for acquisition or construction purposes(including rehabilitation).
OPERATION/MANAGEMENT PHASE(IF APPLICABLE)
After the Construction Phase is completed and occupancy begins,the following insurance must be kept in
force throughout the duration of the loan and/or 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: Housing Development Corporation of SW Florida,Inc. d/b/a HELP
SUBRECIPIENT Address: 3200 Bailey Lane, Suite 109,Naples,FL 34105
Project Name: Collier Assistance Program
Project No: CAP 2021-01 _ Payment Request#
Total Payment Minus Retainage
Period of Availability: _through
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
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)
By signing this report,I certify to the best of my knowledge and belief that this request for payment is true,complete
and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in
the term and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the
omission of any material fact,may subject me to criminal,civil,or administrative penalties for fraud,false statements,
false claims or otherwise(U.S. Code Title 18, Section 1001 and Title 31,Sections 3729-3730 and 3801-3812; and/or
Title VI,Chapter 68, Sections 68.081-083, and Title XLVI Chapter 837, Section 837-06).
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
COLLIER ASSISTANCE PROGRAM
MONTHLY PROGRESS REPORT
Report Period:
Fiscal Year: 2020/2021
Agreement Number: CAP 2021-01
Housing Development Corporation of SW Florida,Inc. d/b/a
Subrecipient Name: HELP
Programs: Collier Assistance Program
Contact Name:
Contact Telephone Number:
Characteristics Report
1. Report Selection Criteria
Ethnicity
Non-
Race Hispanic Hispanic
White
Black/African American
Asian
American Indian/Alaskan Native
Native Hawaiian/Other Pacific Islander
Other/Multi-Racial
2. Number of individuals served:
Mortgage Rent Utilities Total
Elderly
Disabled
Developmentally Disabled
Farm Worker
Homeless
Full-Time College Student
Children
Adults
Total
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I 6 D 6
3. Funds Expended:
Category Funds Expended Funds Expended
Current Month YTD
Mortgage
Utilities
Total
4. Applications:
Monthly YTD
Number of Applications Reviewed and Replaced with
ineligible
Number of Applications Submitted in Neighborly
Number of Completed Applications Submitted to CHS
Number of Applications Approved by CHS
Number of Applications Paid
5. Project Progress:
Describe your progress, during the reporting period, and any impediments, if applicable.
By signing this report, I certify to the best of my knowledge and belief that the information contained in
this report is true, complete and accurate. I am aware that any false, fictitious, or fraudulent information,
or the omission of any material fact,may subject me to criminal,civil,or administrative penalties for fraud,
false statements, false claims or otherwise(U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-
3730 and 3801-3812).
Signature: Date:
Printed Name:
Title:
NOTE: This form subject to modification based on FDEM guidance.
Your typed name here represents your electronic signature.
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EXHIBIT D
ANNUAL AUDIT MONITORING REPORT
Collier County adheres to the guidance provided in Circular 2 CFR Part 200.331 which requires it to
monitor subrecipients to determine compliance with established audit requirements (Subpart F).
Accordingly, Collier County requires that all appropriate documentation is provided regarding your
organization's compliance. In determining Federal awards expended in a fiscal year, the entity must
consider all sources of Federal awards based on when the activity related to the Federal award occurs,
including any Federal award provided by Collier County. The determination of Federal award amounts
expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F —Audit
Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements.
Subrecipient
Name
First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year (MM/DDIYY)
Total Federal Financial Assistance Total State Financial Assistance Expended during
Expended 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
n El Are a for-profit organization
❑ Are exempt for other reasons — explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status 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
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