Backup Documents 04/13/2021 Item #16D1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 D 1
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 Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Carolyn Noble Community and Human CN 3.25.19
Services
2. County Attorney Office—Jen Belpedio County Attorney Office (( I 13 a
3. BCC Office Board of County 11 _
Commissioners 'r�'
4. Minutes and Records Clerk of Court's Office it 4LZ1 /o�
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 Carolyn Noble-CHS Phone Number 239-450-5186
Contact/ Depai tinent
Agenda Date Item was 4.13.2021 Agenda Item Number t4,1
Approved by the BCC
Type of Document 1 Subrecipient agreement for 1 LLJ Number of Original 3 (1 agreement x 3 sets)
Attached funded activities Documents Attached
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 TAMP OK N/A
2. Does the document need to be sent to another agency for a res? 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 CN
by the Office of the County Attorney. 5-
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 N/A
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 CN
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 N/A is not
the meeting have been incorporated in the attached document. The County �� an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the �.
Chairman's signature.
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 0
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 routing lines#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. Carolyn Noble Community and Human CN 3.25.22
Services
2. County Attorney Office—Jen Belpedio County Attorney Office SAK/ge2 /Z /2 Z
3. BCC Office Board of County
Commissioners 14l31I 3/ZZ/Z Z
4. Minutes and Records Clerk of Court's Office 51 zs I ,
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 Carolyn Noble- CHS Phone Number 239-450-5186
Contact/ Department
Agenda Date Item was 4.13.2021 / Agenda Item Number 16.D.1.
Approved by the BCC
Type of Document 1 Letter of Commitment Number of Original 1 0 c pies)
Attached Documents Attached A iN
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 N/A
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 CN
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 N/A
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 CN
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 N/A is not
the meeting have been incorporated in the attached document. The County j-Atz- y3 an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the ypkpj3
Chairman's signature.
NOTE: This went to the 4.13.21 Board however the documents did not come back with the agreement
(also to the Board) on the first routing.
l 6 Dj.
MEMORANDUM
Date: March 23, 2022
To: Carolyn Noble, Grants Coordinator
Community & Human Services
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Habitat for Humanity Letter of Commitment
Attached for your records are three original copies of the document referenced above,
(Item #16D1) approved by the Board of County Commissionerson April 13, 2021.
The fourth original document will be held by this department for the Board's Official
Record.
If you have any questions, please feel free to contact me at 252-8406.
Thank you
Attachments (3)
1 6 U 1
HOME-ASSISTED PROJECT COMMITMENT
PROJECT NAME: New Construction-
DATE: February 10, 2021 Infrastructure - Whippoorwill
SUBRECIPIENT: Habitat for Humanity of PROJECT ADDRESS: 1450 Whippoorwill Lane,
Collier County, Inc. Naples, Florida
HOME COMMITMENT AMOUNT:
$886,345.00
This Agreement shall serve as Collier County's (herein referred to as the "COUNTY") official
financial commitment to Habitat for Humanity of Collier County, Inc (herein referred to as the
"SUBRECIPIENT") for New Home Construction - Infrastructure (HOME-assisted activity) at
the address noted above.
The COUNTY has determined the above-mentioned project has been reviewed and meets the
HOME requirements for committing funds to a specific HOME Program project, in accordance
with the definition of commitment at 24 CFR 92.2 and the subsidy layering and underwriting
requirements at 24 CFR 92.250(b).
The COUNTY proposes to provide approximately $886,345 dollars in HOME Program funds. The
HOME Program funds committed to this project will be subject to a 10-year affordability period.
The affordability restriction, in the form of a Deed Restriction and a Deed to Secure Debt and
Security Agreement, will be placed on this property utilizing these funds.
The percentage of HOME Program funds utilized versus the total project cost, this "pro-rata"
number will be used to determine the total number of HOME-assisted units for this project. As
such the total number of HOME-assisted units for this project will be 52 units. These units will be
reserved for clients who meet the HUD HOME Program income limit requirement throughout the
affordability period. The terms and conditions as listed in the Subrecipient Amendment shall
remain in effect.
This specific HOME-Assisted Project Commitment is intended to implement the Agreement,
dated March 23, 2021, as it may be amended or modified between the COUNTY and the
SUBRECIPIENT. Should a conflict arise between the Specific HOME-Assisted Project
Commitment and the Subrecipient Agreement, the executed Subrecipient Agreement will prevail.
Please indicate your acceptance of this HOME-Assisted Project Commitment by executing this
Commitment in the space provided below.
IIaihitat lit Ihumanity Whippoorwill
I IM 19-03 Hoon-Assisted Project Commitment
160i
The terms and conditions of this Commitment are hereby accepted under seal as of the I 3+4‘
day of APr; , 2021.
IN WITNESS WHEREOF, the SUBRECIPIENT and the COUNTY, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date first written above.
ATTEST: BOARD OF CO NTY COMMISSIONERS
CRYSTAL K. KINZEL, DEPUTY CLERK OF COLLIER •`•� IDA
(-A.) AlliP e t• 1410,600
tidy.Lategetit.
By: • -r.
Attestasv1 Y CLERK
Wi iam L. McDaniel, Jr., Chairman
Sign only4
Date: —__11113/21
HABITAT FOR HUMANITY OF COLLIER
Dated: COUNTY, INC.
(SEAL)
By:
NICK KOULOHERAS, PRESIDENT
Appr. .j.1 o form and legality:
,Jennif. A IB e •-dio �0
Assist :nt ounty Attorney
Date:
Habitat for Humanity Whippoorwill
1 IM 19-03 Home-Assisted Project Commitment
2
1601
MEMORANDUM
Date: April 16, 2021
To: Carolyn Noble, Community & Human Services
From: Teresa Cannon, Sr. Deputy Clerk
Minutes & Records Department
Re: HUD Agreement w/Habitat for Humanity of Collier County, Inc.
Enclosed please find two (2) originals of each document referenced above (Agenda
Item #16D1), approved by the Board of County Commissioners on Tuesday, April 13,
2021.
The Minutes & Records Department has retained an original as part of the Board's
Official Records.
If you have any questions, please contact me at 252-8411.
Thank you.
Enclosure
Enclosures
1601
FAIN # M18-UC12-0217
M 19-UC 12-0217
Federal Award Date September 12,2019
Federal Award HUD
Agency
CFDA Name Home Investment
Partnerships (HOME)
CFDA/CSFA# 14.218
Total Amount of $886,345
Federal Funds
Awarded
Subrecipient Name Habitat for Humanity of
Collier County, Inc.
DUNS# 080676690
FEIN 59-1834379
R&D No
Indirect Cost Rate No
Period of March 23, 2021 —
Performance December 31, 2022
Fiscal Year End 6/30
Monitor End: 6/32
AGREEMENT BETWEEN COLLIER COUNTY
AND
HABITAT FOR HUMANITY OF COLLIER COUNTY,INC.
New Construction-Homeownership
THIS AGREEMENT is made and entered into this )3}day of , 2021,
by and between Collier County, a political subdivision of the State of Florida, (COUNTY) having its
principal address as 3339 E.Tamiami Trail,Naples FL 34112,and Habitat for Humanity of Collier County,
Inc., (SUBRECIPIENT)a non-profit corporation existing under the laws of the State of Florida, having its
principal office at 1145 Tamiami Trail E.,Naples, FL 34113.
WHEREAS,the COUNTY is the recipient of HOME Investment Partnerships (HOME) Program
funds from the United States Department of Housing and Urban Development (HUD) as provided by the
Cranston-Gonzalez National Affordable Housing Act, as amended; and
WHEREAS, the Collier County Board of County Commissioners (Board) approved the Collier
County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2019-2020, for the HOME
Program on June 25,2019,Agenda Item 16.D.2 and a Substantial Amendment on January 28,2020,Agenda
Item 16.D.1.; and
WHEREAS, HUD has approved the COUNTY's Consolidated Plan One-Year Action Plan for
Federal Fiscal Year 2019-2020 and the Substantial Amendment for Federal Fiscal Year 2019-2020 for the
HOME Program and the use of the HOME funds for the activities identified in the Plan; and
WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in
this Agreement, in accordance with the approved One-Year Action Plan; and
Habitat for Humanity
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WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such
undertakings of the HOME Program as a valid and worthwhile COUNTY purpose.
NOW,THEREFORE,in consideration of the mutual covenants and obligations herein contained,
the Parties agree as follows:
PART I
SCOPE OF WORK
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required
as a condition of providing HOME funds, as determined by Collier County Community&Human Services
(CHS), perform the tasks necessary to conduct the program as follows:
Project Name: Habitat Whippoorwill
Project Description: Infrastructure at Whippoorwill
Project Component One: Infrastructure associated with the construction of homes which may
include permit fees, water, sewer, lighting, curbing, roadways, sidewalks, electric and any other
construction related activities, based on funding availability.
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 construction
of the properties.
B. The SUBRECIPIENT must submit the following resolutions and policies within sixty(60)days
of conveyance:
• Affirmative Fair Housing Policy
• Marketing Plan
• Affirmative Action/Equal Opportunity Policy
• Procurement Policy
• Conflict of Interest Policy
• Uniform Relocation Act Policy
• Sexual Harassment Policy
• Section 3 Policy
• Section 504/ADA Policy
® Capital Needs Assessment
• Program Income Reuse Plan
• Fraud, Waste, and Abuse Policy
• Victims Against Women Act(VAWA) Policy)
• Limited English Proficiency (LEP) Policy
C. Persons who, as a result of national origin, do not speak English as their primary language and
who have limited ability to speak, read, write, or understand English ("limited English
Habitat for Humanity
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1601
proficient persons" or LEP) may be entitled to language assistance under Title VI, in order to
receive a particular service, benefit, or encounter. In accordance with Title VI of the Civil
Rights Act of 1964(Title VI)and its implementing regulations,the SUBRECIPIENT agrees to
take reasonable steps to ensure meaningful access by LEP persons to activities funded with
HOME Funds.Any of the following actions could constitute"reasonable steps,"depending on
the circumstances: acquiring translators to translate vital documents;advertisements or notices;
acquiring interpreters for face to face interviews with LEP persons;placing advertisements and
notices in newspapers that serve LEP persons; partnering with other organizations that serve
LEP populations to provide interpretation, translation, or dissemination of information
regarding the project; hiring bilingual employees or volunteers for outreach and intake
activities; contracting with a telephone line interpreter service; etc.
D. Environmental Review Requirement (ERR) - No program costs can be incurred until an
environmental review of the proposed project is completed and approved. Further, the
SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance of
the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the denial of
any reimbursement of funds under this Agreement.
E. 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 Subrecipient Fair Housing training, except those who attended the training in the
previous year. In addition, at least one staff member shall attend all other CHS-offered
Subrecipient 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 prior to the training.
F. The HOME program requires housing units to be provided in order to meet the program
objectives. The Subrecipient shall construct 52 units for income-eligible households. The
units shall be made available for occupancy in 2023. Should the SUBRECIPIENT not perform,
or only partial completion of the work has occurred at the end of the performance period, the
COUNTY may require repayment of a specified amount of HOME funds.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
FY 2019-2020 Action Plan and Substantial Amendment to the FY 2019-2020 Action Plan
identified and approved the Project to perform the tasks necessary to conduct the program as
follows:
Activity HOME Budget Match Liability
Amount
Project Component One: Infrastructure associated with $866,345.00 $216,586.00
the construction of 52 homes to include but not limited
to water, sewer, lighting, curbing, roadways, sidewalks,
electric and any other construction related activities.
Match: Minimum Required
match 25% of total
HOME funds expended
Habitat for Humanity —•
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Grand Total: $866,345.00 $216,586.00
The SUBRECIPIENT will accomplish the following project tasks:
Project Tasks
® Maintain documentation on all households served in compliance with 24 CFR
92.508.
• Provide Quarterly reports on project status (Exhibit C) and meeting an eligible
activity.
® Ensure attendance by a representative from Executive Management, at Quarterly
Partnership Meetings, as requested.
• Ensure Subrecipient and Contractor attend the pre-construction meeting prior to
Notice to Proceed being issued.
• Provide Site Design and Specifications, as applicable.
• Prepare Bid Specifications and Engineer's Cost Estimate, if applicable.
® Obtain Sealed Bids and provide associated procurement documentation.
® Comply with Davis-Bacon Act Labor Standards, if applicable.
® Provide certified payroll weekly throughout construction.
® Submit invoices to CHS for environmental and construction costs as applicable.
• Once construction has been completed, CHS will provide a land use restriction
(LURA)for the period associated with the amount of HOME assistance provided by
the County.
• Market Analysis
• Project Proforma
® Ensure applicable number of units are Section 504/ADA accessible
• Comply with Uniform Relocation Act(URA), if necessary
• Maintain documentation on compliance with Section 3
B. Income Requirements
The COUNTY must invest HOME funds made available during a fiscal year so that, with
respect to homeownership assistance, 100 percent of these funds are invested in dwelling units
that are occupied by households qualifying as low-income families according to 24 CFR Part
217 Income targeting: Homeownership.
C. Project Outcome
The HOME new construction, infrastructure, project will provide new multi-unit single family
homes for 52 families whose income is less than 80%AMI. The SUBRECIPIENT shall ensure
the units are occupied by qualified tenants, pursuant to paragraph 1.2.B above.
D. Performance Deliverables
The Following Table Details the Project 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
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HOME Match Requirement Documentation of Proportionate to the monthly
SUBRECIPIENT Activities amount invoiced or 100% may be
submitted at any time during the
project
HQS Inspections NA Not Applicable
Insurance Insurance Certificate(Exhibit Within Thirty(30) days of
A) Agreement execution within thirty
(30)days of renewal
Detailed Project Schedule Project Schedule Within thirty(30) days of
Agreement Execution
Project Plans and Specifications Site Plans and Specifications Prior to Construction Start
Subcontractor log Subcontractor log Monthly or any time new
subcontractors begin
Davis-Bacon/Certified Payroll Certified Payroll 14 days from end of each pay
Documentation period for each
contractor/subcontractor
Income Certification Exhibit D Maintained in SUBRECIPIENT
Documentation client file and validated at
Monitoring
Quarterly Performance Report Exhibit C Quarterly until project completion
Section 3 Report Quarterly report of new hire Quarterly within 10 days after the
information end of the quarter(even if zero).
Final report due 60 days after
Agreement ends.
Annual Audit Monitoring Report Audit, Management Letter, Annually, within 60 days after FY
Exhibit E end
Financial and Compliance Audit Exhibit E Annually 180 days after FY end
Continued Use Certification Continued Use Affidavit Annually until 2032
Capital Needs Assessment Plan Plan approved by the Initial Plan due at construction
COUNTY completion and annually
thereafter, prior to start of
SUBRECIPIENT fiscal year, until
2032
Program Income Re-use Plan Planned use of program Annually until 2032
generated income
E. Payment Deliverables
The Following Table Details the Payment Deliverables
Payment Deliverable Payment Supporting Submission Schedule
Documentation
Project Component One: Infrastructure Submission of Exhibit B Submission of monthly
associated with the construction of 52 supporting documents must invoices each month by the
homes which may include permit fees, be provided as backup as 20th of the month following
water, sewer, lighting, curbing, roadways, evidenced by contractor the month of service.
sidewalks, electric and any other schedule of values/invoices
construction related activities. or equivalent, proof of
permit(if
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160
applicable),progress photos,
affidavit of partial
completion or completion,
canceled checks, banking
documents, and any
additional documents as
requested.
The County will pay up to
90% of the total grant award
or project costs, whichever
is lower, upon proof of
proper payment.
The remaining 10% of the
award, or projects costs,
will be released upon final
monitoring clearance and
meeting a National
Objective.
For clarity,the County will
not withhold 10% on each
payment, rather,the last
10% will only be paid as
previously specified.
Match Submission of Exhibit B-1 All match shall be
and supporting documents submitted prior to the
may also include cash or in- release of retainage.
kind documentation; to Should match not meet
include canceled checks, 25% of the total expended
banking statements, amount, the final match
invoices; additional balance shall be withheld
documentation may be from the retainage to meet
requested the 25%match obligation.
1.3 PERIOD OF PERFORMANCE
SUBRECIPIENT's services shall begin on March 23, 2021 and end on December 31, 2022.
Construction activities shall be completed by December 31,2022 and the affordability period shall
cease in 2032. The term of this Agreement and the provisions herein may be extended by
amendment to cover any additional time period during which the SUBRECIPIENT remains in
control of HOME funds or other HOME assets, including program income.
DURATION OF AGREEMENT-
The duration of the SUBRECIPIENT Agreement is as follows:
Agreement Effective Date March 23, 2021
Deadline for Commitment of Funds (12 months) March 23,2021
Deadline for Expenditure of Funds(2 years) December 31, 2022
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Agreement Expiration Date December 31, 2022
Deadline for Receipt of Final Reimbursement Request March 31, 2023
No program costs may be incurred until an environmental review of the proposed project is
completed and approved by HUD. Further, SUBRECIPIENT will not undertake any activity or
commit any funds prior to the HUD environmental clearance and CHS has issued a Notice to
Proceed (NTP) letter. Violation of this provision will result in the denial of any reimbursement of
funds under this Agreement.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available EIGHT HUNDRED EIGHTY-SIX THOUSAND
THREE HUNDRED FORTY-FIVE DOLLARS ($886,345) for SUBRECIPIENT's use during
the Term of the Agreement (hereinafter referred to as "Funds"). This Agreement shall remain in
effect until all HOME funds and program income are no longer under the control of the
SUBRECIPIENT.
Modifications to the "Budget and Scope" may only be made if approved in advance by the
COUNTY. Budgeted fund shifts between cost categories and activities shall not be more than 10
percent and shall not signify a change in Scope. Fund shifts that exceed 10 percent between project
components shall only be made with Board approval.
Match Pursuant 24 CFR 92.218
Match is required for HOME funds. SUBRECIPIENT is required to provide match funds when
identified as an eligible source,such as contributions to housing activities that qualify as affordable
housing under the HOME program throughout a fiscal year. Contributions that have been or will
be counted as satisfying a matching requirement of another Federal grant or award may not count
as satisfying the matching contribution requirement for the HOME program. Pursuant to Florida
administrative Code 67-37.007, the State Housing Initiatives Partnership Program funds may be
used as required match for HOME eligible activities.
The COUNTY shall reimburse SUBRECIPIENT for performance of this Agreement upon
completion or partial completion of work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of HOME funds until needed for the payment of
eligible costs, and all disbursement requests must be limited to the amount needed at the time of
the request. However, invoices for work performed are required every month. SUBRECIPIENT
may expend funds only for allowable costs resulting from obligations incurred during the term of
this Agreement. If no work has been performed during that month, or if SUBRECIPIENT is not
yet prepared to send the required backup, a$0 invoice is required. Explanations will be required if
two consecutive months of $0 invoices are submitted. Payments shall be made to the
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, except for retainage,
which may be held beyond the end date until all deliverables are met. Work performed during the
term of the Agreement but not invoiced within 90 days, without written exception from the Grant
Coordinator, will not be reimbursed.
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No payment will be made until approved by CHS for grant compliance and adherence to all
applicable local, state, or Federal requirements. Payment will be made upon receipt of a properly
completed invoice and in compliance with Section 218.70, Florida Statutes, otherwise known as
the "Local Government Prompt Payment Act."
1.5 COST PRINCIPLES
Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost
allowability found at 2 CFR 200 Subpart E - Cost Principles. For the purposes of this section
(Section 1.5 Cost Principles)of this Agreement, SUBRECIPIENT is defined as described in 2 CFR
200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under this
Scope of Work.The SUBRECIPIENT can only incur direct costs that may be attributed specifically
to the project reference above, as defined in 2 CFR 200.413. SUBRECIPIENT must provide
adequate documentation for validating costs incurred. Payment to SUBRECIPIENT's contractors
and vendors are conditioned upon compliance with the procurement requirements provided in
2 CFR 200.318-200.327. Allowable costs incurred by the SUBRECIPIENT and Contractors shall
comply with 2 CFR 200 Subpart E-Cost Principles. The SUBRECIPIENT will use adequate
internal controls and maintain necessary source documentation for all costs incurred and adhere to
any other accounting requirements included in this Agreement.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier,or personal delivery,or sent by facsimile or other electronic means.Any notice
delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and
other written communications under this Agreement shall be addressed to the individuals in the
capacities indicated below, unless otherwise modified by subsequent written notice.
COLLIER COUNTY ATTENTION: Carolyn Noble, Grant Coordinator
Collier County Government
Community&Human Services Division
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: Carolyn.noble@colliercountyfl.gov
Phone: 239-450-5186
SUBRECIPIENT ATTENTION:Nick Kouloheras, President
Habitat for Humanity of Collier County
11145 Tamiami Trail East
Naples, FL 34113
Email: nkouloheras@habitatcollier.org
Phone: 239-775-0036
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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)
deems necessary, SUBRECIPIENT shall make available all records, documentation, and any other
data relating to all matters covered by the Agreement for review, inspection,or audit in compliance
with 24 CFR 92.504.
SUBRECIPIENT must clear any deficiencies noted in audit reports within 30 days after receipt.
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 have an annual agency audit conducted in accordance with current COUNTY policy
concerning SUBRECIPIENT audits and 2 CFR 200.501.
The determination of Federal award amounts expended shall be in accordance with guidelines
established by 2 CFR Part 200, Subpart F-Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 92.508, to
determine compliance with the requirements of this Agreement, the HOME Program, and all other
applicable laws and regulations. This documentation shall include but is not limited to the
following:
A. All records required by HOME regulations.
B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily are
required by COUNTY in order to perform the service.
C. SUBRECIPIENT shall make available to the COUNTY or CHS at any time upon request,
all reports, plans, surveys, information, documents, maps, books; records and other data;
and procedures developed,prepared,assembled,or completed by the SUBRECIPIENT for
the purpose of 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, including matching funds and Program
Income. 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
SUBRECIPIENT submits the annual performance and evaluation report, as prescribed in
2 CFR 200.334. 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,
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or audit findings involving these records are resolved. If SUBRECIPIENT ceases to exist
after closeout of this Agreement, it shall notify the COUNTY in writing of the address
where the records are to be kept, as outlined in 2 CFR 200.337. 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 or expiration of the
Agreement, and destroy any duplicate exempt or confidential public records that are
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 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(a colliercountyfl.gov,3299 Tamiami Trail E.,Naples,FL 34112.
E. For rental housing projects, records must be retained for three years after the project
completion date. However,records of individual tenant income certification, project rents,
and project inspections for the most recent three-year period must be retained until five
years after the affordability period ends.
F. The SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon
Law, including files containing contractor payrolls, employee interviews, Davis-Bacon
wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records
showing contractor compliance with the Contract Work Hours and Work Safety Law.
Similarly, SUBRECIPIENT shall maintain records showing compliance with federal
purchasing requirements and other federal requirements for grant implementation.
G. The applicability of labor standard provisions under the HOME program apply to any
contract for the construction of 12 or more HOME-assisted units (Section 286, National
Affordable Housing Act of 1990, as amended).
H. The SUBRECIPIENT is 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
SUBRECIPIENT's compliance.
I. SUBRECIPIENT shall provide the public with access to public records on the same terms
and conditions that the COUNTY would provide the records, and at a cost that does not
exceed the cost provided in Chapter 19, Florida Statutes, or as otherwise provided by law.
SUBRECIPIENT shall ensure that exempt or confidential public records that are released
from public records disclosure requirements are not disclosed except as authorized by 2
CFR 200.337 and 2 CFR 200.338.
2.3 MONITORING
During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an
Annual Audit Monitoring report(Exhibit E)no later than 60 days after SUBRECIPIENT's
fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit
report,Management Letter,and supporting documentation nine(9)months(or one hundred
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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 will carry out no less than one (1) annual on-site monitoring
visit and evaluation activities as determined necessary. At the COUNTY's discretion, it may
impose a reasonable monitoring charge. Fees are based on average staff time and costs of materials.
Ongoing monitoring fees may be included in the project underwriting. In addition, the COUNTY
shall conduct inspections every two (2) years at a minimum, in accordance with 24 CFR
92.504(d)(i), and Housing Quality Standards (HQS) inspections shall be completed in accordance
with 24 CFR 92.209(i). Also, 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 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 federal, state, and local laws, regulations, and policies governing the funds
provided under this Agreement, further defined by 2 CFR 200.332. Substandard performance, as
determined by CHS,will constitute noncompliance with this Agreement. If corrective action is not
taken by the SUBRECIPIENT within a reasonable time period 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,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, all transactions, and other significant events are to be
clearly documented and readily available for monitoring by CHS.
SUBRECIPIENT shall give COUNTY 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.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this Agreement or any law or regulation, to the COUNTY or any
appropriate law enforcement authority, if the report is made in good faith.
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2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this Agreement. Penalties may be imposed for failure to implement or make
acceptable progress on such corrective action plans.
To effectively enforce 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 CHS issuing Findings or Concerns to the SUBRECIPIENT
and require a corrective action plan to be submitted to CHS within 15 days following issuance
of the report.
o Any pay requests that were submitted to CHS for payment will be held until the corrective
action plan has been submitted.
o CHS will be available to provide Technical Assistance (TA) to the SUBRECIPIENT, as
needed, to correct the noncompliance issue.
2. If SUBRECIPIENT fails to submit the corrective action plan in a timely manner, CHS may
require a portion of the awarded grant amount be returned to the COUNTY.
o CHS may require upwards of 5 percent of the award amount to be returned to COUNTY,
at the discretion of the Board.
o The SUBRECIPIENT may be considered in violation of Resolution No. 2013-228
3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected,
and has been informed by CHS of their substantial noncompliance by certified mail; CHS may
require a portion of the awarded grant amount or the amount of the HOME investment for
acquisition of the properties conveyed, be returned to the COUNTY.
o CHS may require upwards of 10 percent of the award amount to be returned to the
COUNTY, at the discretion of the Board.
o The SUBRECIPIENT will be considered in violation of Resolution No. 2013-228
4. If,after repeated notification,the SUBRECIPIENT continues to be substantially noncompliant,
CHS may recommend the Agreement or award be terminated.
o CHS will make a recommendation to the Board to immediately terminate the Agreement.
SUBRECIPIENT will be required to repay all funds disbursed by the COUNTY for the
terminated project. This includes the amount invested by the COUNTY for the initial
acquisition of the properties or other activities.
o The SUBRECIPIENT will be considered in violation of Resolution No. 2013-228
If SUBRECIPIENT has multiple agreements with CHS and is found to be noncompliant, the
above sanctions may be imposed across all awards at the COUNTY's discretion.
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2.6 REPORTS
Reimbursement may be contingent on the timely receipt of complete and accurate reports and the
resolution of identified monitoring findings, pursuant to this Agreement, as deemed necessary by
the County Manager or designee.
During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress and Section
3 reports to the COUNTY on the l Oth day of January, April, July, and October respectively for the
prior quarter period end. As part of the report submitted in October, 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 to fulfill this requirement. Other reporting requirements may be required by the County
Manager or designee in the event of Program changes; the need for additional information or
documentation arises; and/or legislative amendments are enacted. Reports and/or requested
documentation not received by the due date shall be considered delinquent and may be cause for
default and termination of this Agreement.
Remainder of Page Intentionally Left Blank
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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 if given at all, shall be at the COUNTY's sole discretion and judgment.
3.2 GENERAL COMPLIANCE
SUBRECIPIENT agrees to comply with the requirements of 24 CFR Part 92 of HOME Investment
Partnerships Grant Program including subpart H of these regulations. However, (1) the
SUBRECIPIENT does not assume the COUNTY's environmental responsibilities described in 24
CFR 93.352,and(2)SUBRECIPIENT does not assume the COUNTY's responsibility for initiating
the review process under the provisions of 24 CFR Parts 50 and 58. SUBRECIPIENT also agrees
to comply with all other applicable Federal, State, and Local laws, regulations, and policies
governing the funds provided under this Agreement. 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 of the COUNTY 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 and an
employer/employee relationship will not be created.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement and are executed in writing, signed by a
duly authorized representative of each organization,and approved by the COUNTY's Board. 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 activities to be
undertaken as part of this Agreement, such modifications will be incorporated only by written
amendment signed by both COUNTY and SUBRECIPIENT.
Expiration of Agreement: If SUBRECIPIENT does not complete the project within the specified
time period, the COUNTY Manager or designee may, subject to HOME program requirements,
grant a cumulative time extension of no more than 180 days and modify any subsequent project
work plans to reflect the extension.
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3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from HOME grant funds provided by HUD and
must be implemented in full compliance with all of HUD's rules and regulations and any agreement
between COUNTY and HUD governing HOME funds pertaining to this Agreement. In the event
of curtailment or non-production of said federal funds,the financial resources necessary to continue
to pay SUBRECIPIENT all or any portion of the funds will not be available. In that event, the
COUNTY may terminate this Agreement, which termination shall be effective as of the date 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.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, SUBRECIPIENT shall indemnify and hold
harmless Collier County, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act or omission, including
but not limited to,reasonable attorneys' and paralegals'fees,to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of 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 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. 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 Collier County. The foregoing indemnification shall
not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28,Florida
Statutes. This Section shall survive the expiration or termination of this Agreement.
3.7 GRANTEE RECOGNITION/SPONSORSHIPS
SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements,
descriptions of the Program sponsorships,research reports,and similar public notices prepared and
released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the
statement:
"FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES
DEPARTMENT"
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.
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3.8 SUSPENSION AND DEBARMENT
SUBRECIPIENT certifies that neither it, nor its principals, are 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 SUBRECPIENT shall not knowingly
enter into any lower tier contract, or other covered transaction, as outlined in Executive Orders
12549(1986)and 12689(1989) Suspension and Debarment, and 2 CFR 200.214 as further detailed
in Section 4.18.
3.9 DEFAULTS, REMEDIES, AND TERMINATION
In accordance with 2 CFR 200.341, this Agreement may be terminated for convenience by either
the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons and effective
date for such termination, and in the case of a partial termination, the portion(s) to be terminated.
However, if 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. The COUNTY may also terminate this Agreement if the
award no longer effectuates the program goals or grantor agency priorities.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement:
A. SUBRECIPIENT's 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. SUBRECIPIENT's failure, for any reason, to fulfill its obligations under this Agreement
in a timely and proper manner.
C. SUBRECIPIENT's ineffective or improper use of funds provided under this Agreement
D. SUBRECIPIENT's submission of reports to the COUNTY that are incorrect or incomplete
in any material respect.
E. SUBRECIPIENT's submission of any false certification.
F. SUBRECIPIENT's failure to materially comply with any terms of this Agreement.
G. SUBRECIPIENT's failure to materially comply with the terms of any other agreement
between the COUNTY and SUBRECIPIENT relating to the Project.
In the event of any default by SUBRECIPIENT under this Agreement,the COUNTY may seek any
combination of one or more of the following remedies:
A. Require specific performance of the Agreement, in whole or in part
B. Require the use of, or change in, professional property management
C. Require SUBRECIPIENT to immediately repay to the COUNTY all HOME funds
SUBRECIPIENT received under this Agreement
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D. Apply sanctions set forth in 24 CFR 92, if determined by the COUNTY to be applicable
E. Stop all payments until identified deficiencies are corrected
F. Terminate this Agreement by giving written notice to SUBRECIPIENT 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 benefit for any
incomplete project activities undertaken under this Agreement.
3.10 REVERSION OF ASSETS
Upon termination or expiration of this Agreement, if the SUBRECIPIENT has not provided the
required end use beneficiaries, in addition to any and all other remedies available to the COUNTY
(whether under this Agreement or at law or in equity), SUBRECIPIENT shall immediately transfer
to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts
receivable attributable to the use of HOME funds.
The COUNTY's receipt of any funds on hand at the time of termination shall not waive the
COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the
funds, as the COUNTY may deem necessary. Regulations regarding real property are subject to
2 CFR 200.311 and as otherwise provided at 24 CFR 92.504(c)(2)(vii).
Upon completion of the project, the COUNTY will enforce affordability for the property through
deed restrictions.
3.11 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until
all insurance required under this Section and outlined in Exhibit A has been obtained. Said
insurance shall be carried continuously during SUBRECIPIENT's performance under this
Agreement.
3.12 ADMINISTRATIVE REQUIREMENTS
SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and
the Scope of Work(Part I),the Uniform Administrative Requirements for Cost Principles and Audit
Requirements for Federal Awards(2 CFR 200 et seq),and the federal regulations for HOME funds
(24 CFR 92 et seq.).
3.13 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through
200.327)and Collier County's Procurement Ordinance#2017-08,as amended. Current purchasing
thresholds are:
Federal Procurement Standards:
Range: Method/Competition Required
$0 - $10,000 Micro-Purchase
$10,001 - $250,000 Small Purchase
$250,001+ Sealed Bidding
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Collier County Procurement Standards
Range: Competition Required
$0 - $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 be put out to competitive bidding, under a procedure acceptable to COUNTY and
Federal requirements.The SUBRECIPIENT shall enter into contracts with the lowest,responsible,
and qualified bidder. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that
contain the highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of completion, per 2 CFR 200, Appendix II(J) and 2 CFR 20.233. Contract
administration shall be managed by the SUBRECIPIENT and monitored by CHS,which shall have
access to all records and documents related to the Project.
In accordance with 2 CFR 200.322, SUBRECIPIENT shall, to the greatest extent practicable,
purchase, acquire, or use goods, products, or materials produced in the United States.
3.14 PROGRAM-GENERATED INCOME
No Program Income is anticipated. However, if Program Income is derived from the use of HOME
funds disbursed under this Agreement, such Program Income shall be utilized by the
SUBRECIPIENT for HOME-eligible activities approved by COUNTY. Any Program Income(as
such term is defined under applicable Federal regulations) gained from any SUBRECIPIENT
activity funded by HOME funds shall be reported to the COUNTY through an annual Program
Income Re-use Plan,utilized by the SUBRECIPIENT accordingly,and shall be in compliance with
2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When Program Income
is generated by an activity that is only partially assisted by HOME funds,the income shall be
prorated to reflect the percentage of HOME funds used. If there is a Program Income balance
at the end of the Program Year, such balance shall revert to the COUNTY's HOME Program, for
further reallocation.
Acquisition/Improvement of Real Property: If SUBRECIPIENT disposes of or otherwise fails
to continue to use the HOME-assisted real property in a manner that meets HOME requirements,
SUBRECIPIENT shall pay the COUNTY an amount equal to the percentage of the current fair
market value of the property, less any disposal costs. The basis for such percentage shall be the
percentage of the appraised value attributable to HOME and non-HOME 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.
If SUBRECIPIENT sells, transfers, disposes of, or otherwise fails to continue to use the HOME-
assisted real property in a manner that meets HOME requirements, SUBRECIPIENT shall pay the
COUNTY an amount equal to a percentage of the current fair market value of the property, after
subtracting disposal costs. Such percentage shall have as its basis,the percentage of the appraised
value attributable to HOME and non-HOME 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.
Purchase of Equipment: If SUBRECIPIENT sells, transfers, disposes of, or otherwise fails to
continue to use the HOME-assisted equipment in a manner that meets HOME requirements,
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SUBRECIPIENT shall pay the COUNTY an amount equal to the current fair market value of the
equipment, less the percentage of non-HOME funds used to acquire the equipment.
Equipment no longer needed by SUBRECIPIENT for HOME-eligible activities under this
Agreement shall be: (a) transferred to the COUNTY for use elsewhere in the HOME program, or
(b)retained by SUBRECIPIENT after compensating the COUNTY an amount equal to the current
fair market value of the equipment, less the percentage of non-HOME funds used to acquire the
equipment.
3.15 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 XX year
affordability period has been met. 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 Section
2.2, the SUBRECIPIENT shall comply with Section 119.021, Florida Statutes regarding records
maintenance,preservation,and retention.A conflict between state and federal records retention law
requirements will result in the more stringent law being applied, such that the record must be held
for the longer duration.Any balance of unobligated funds that have been advanced or paid must be
returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT
is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY.
SUBRECIPIENT shall also produce records and information that comply with Section 215.97,
Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.344.
3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of or be subjected
to discrimination under any activity carried out by the performance of this Agreement, 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. In addition, 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, as is feasible. The SUBRECIPIENT shall comply with Section 3 of
the Housing and Community Development Act of 1968.
3.17 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 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
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lieu of an independent investigation.
3.18 PROGRAM BENEFICIARIES
Dwelling units that are assisted with HOME funds must be occupied as a principle residence by
households that qualify as low-income(at or below 80 percent of AMI)at the time of purchase and
throughout the affordability period.
3.19 AFFIRMATIVE ACTION
SUBRECIPIENT agrees to carry out an Affirmative Action Program pursuant to the COUNTY's
specifications, in keeping with the principles provided in President's Executive Order 11246 of
September 24, 1966. SUBRECIPIENT shall submit its plan for an Affirmative Action Program for
approval by the COUNTY prior to the award of funds.The Affirmative Action Plan will be updated
throughout the affordability period and submitted to the COUNTY within 30 days of any
update/modification.
3.20 FEES
The SUBRECIPIENT agrees that it shall not charge servicing, origination, or other fees for the
purpose of covering costs of administering the HOME program, except as permitted by 24 CFR
92.214(b)(1).
3.21 CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ who presently exercises any
functions or responsibilities in connection with the Project, has any personal financial interest,
direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner
or degree with the performance of this Agreement. In addition, SUBRECIPIENT shall not employ
or subcontract any person having any conflict of interest. The SUBRECIPIENT covenants that it
will comply with all provisions of 24 CFR 92.356(f) "Conflict of Interest," 2 CFR 200.318, and
State and County statutes, regulations, ordinances, or resolutions governing conflicts of
interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall
be disclosed in writing to CHS provided, however, that this paragraph shall be interpreted in such
a manner so as not to unreasonably impede the statutory requirement that maximum opportunity
be provided for employment of and participation of low and moderate-income residents of the
project target area.
The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person or an entity
owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure 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.
3.22 RELIGIOUS ORGANIZATIONS
HOME funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set forth in Section 24 CFR 92.257. The
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows:
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a. It will not discriminate against any employee or applicant for employment 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 that it does not use direct HOME funds to support any inherently religious activities,
such as worship, religious instruction,or proselytizing.
d. The funds shall not be used for the acquisition, construction, or rehabilitation of structures to
the extent that those structures are used for inherently religious activities. Where a structure is
used for both eligible and inherently religious activities, HOME funds may not exceed the cost
of those portions of the acquisition, construction, or rehabilitation that are attributable to
eligible activities in accordance with the cost accounting requirements applicable to HOME
funds. Sanctuaries, chapels, or other rooms that a HOME funded religious congregation uses
as its principal place of worship, however, are ineligible for HOME funded improvements.
3.23 INCIDENT REPORTING
If services to clients are provided under this Agreement, the SUBRECIPIENT and any
subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of
a child,aged person, or disabled adult to CHS.
3.24 SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 92 as amended- All the regulations regarding the HOME program
http://www.ecfr.gov/cgi-bin/text-
idx?SID=c6cee34b7aab 1 a869c49c 1091 cf69e98&node=24:1.1.1.1.41&rgn=div5
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link:
http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tp1=/ecfrbrowse/Title24/24cfr5 8_main 02.tpl
4.3 Title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12701 et seq.).
Regulations at 24 CFR part 92.
4.4 The Fair Housing Act(42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing
Act. http://www.hud.gov/offices/fheo/library/huddojstatement.pdf
E.O. 11063 -Equal Opportunity in Housing
http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair housing equal_opp/FHLaws/EX
011063
E.O. 11259 -Leadership&Coordination of Fair Housing in Federal Programs
http://www.archives.gov/federal-register/codification/executive-order/12259.html
24 CFR Part 107—Non-Discrimination and Equal Opportunity in Housing under E.O.
http://www.law.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.
http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/progdesc/titl
e8
4.6 24 CFR 92.202 - The regulations issued pursuant to Executive Order 11063 which prohibits
discrimination and promotes equal opportunity in housing.
4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations. EO 11246:
http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html
EO 11375 and 12086: see item#8 below
4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972,42 USC § 2000e,et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for
employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or
Affirmative Action employer.
http://www.eeoc.gov/laws/statutes/titlevii.cfm
4.9 24 CFR 75 — 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 75, 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
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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 HOME-funded
project is located; where feasible, priority should be given to low- and very low-income persons
within the service area of the project or the neighborhood in which the project is located, and to
low- and very low-income participants in other HUD programs; and award contracts for work
undertaken in connection with a housing rehabilitation(including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project to business
concerns that provide economic opportunities for low- and very low-income persons residing
within the metropolitan area in which the HOME-funded project is located;where feasible,priority
should be given to business concerns that provide economic opportunities to low- and very low-
income residents within the service area or the neighborhood in which the project is located, and to
low-and very low-income participants in other HUD programs.
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
https://www.hud.gov/sites/dfiles/FHEO/documents/Section3rule092820.pdf
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 - http://www.dol.gov/oasam/regs/statutes/age_act.htm
11063:http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair housing equal_opp/FHLa
ws/EXO 11063
11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html
11375: Amended by EO 11478
11478: http://www.archives.gov/federal-register/codification/executive-order/11478.htm l
12107: http://www.archives.gov/federal-register/codification/executive-order/12107.htm1
12086: http://www.archives.gov/federal-register/codification/executive-order/12086.htmI
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
http://usaceengineeringpamplets2.tpub.com/EP-1180-1-1/EP-1180-1-10012.htm
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4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b)(5), 24 CFR 92,251
Section 504: http://www.epa.gov/civilrights/sec504.htm
29 USC 776: http://law.onecle.com/uscode/29/776.html
4.13 The Americans with Disabilities Act of 1990
http://www.fhwa.dot.gov/realestate/ua/index.htm
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
http://www.fhwa.dot.gov/realestate/ua/index.htm
4.15 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use
of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act.
HUD Form 4010 must be included in all construction contracts funded by HOME. (See 42 USC
276a and 24 CFR 135.11(c).
29 CFR Part 3-Contractors and Subcontractors on public building or Public Work Financed in
whole or in part by Loans or Grants from the United States.
http://www.law.cornell.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)
http://www.law.cornell.edu/cfr/text/29/part-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally
assisted projects.
http://www.presidency.ucsb.edu/ws/index.php?pid=23675
4.16 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 - which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise
http://www.mbda.gov/node/333
HUD Circular Letter 79-45: No reference found
4.17 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 5 Subpart
A, as revised by Executive Order 13279.
E.O. 13279: http://fedgovcontracts.com/pe02-192.htm
4.18 Public Law 100-430 - the Fair Housing Amendments Act of 1988.
http://www.ncbi.nlm.nih.gov/pubmed/12289709
4.19 Immigration Reform and Control Act of 1986
http://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html
4.20 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
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employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance
No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes -
http://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii
Collier County-
http://bccspOl/SiteDirectory/ASD/HR/labor/CMAs/Shared%20Documents/CMA%205311.1%20
Standards%20o1%20Conduct.pdf
4.21 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.
4.22 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).
4.23 Dispute Resolution-Prior to the initiation of any action or proceeding permitted by this Agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation, and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state
court and the US District Court, 20`'' Judicial Court of Florida, if in federal court. BY ENTERING
INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY
WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
http://www.flsenate.gov/Laws/Statutes/2010/44.102
4.24 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. http://www.law.cornell.edu/uscode/text/42/7401
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
http://www.law.cornell.edu/uscode/text/33/chapter-26
4.25 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 58),the SUBRECIPIENT shall assure that, for activities located in an area identified
by FEMA as having special flood hazards, flood insurance under the National Flood Insurance
Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be
obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood
insurance.
http://www.ecfr.gov/cgi-bin/text-
idx?c=ecfr&SID=eba40bd b52822d80827a48bced5 b0b56&rgn=d iv 8&v iew=text&node=24:3.1.1.
3.4.11.1.6&idno=24
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4.26 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Poisoning
Prevention Act found at 24 CFR 92.355
4.27 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this Agreement.
http://www.nps.gov/histoty/local-law/nhpa1966.htm
http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title3 6/3 6cfr800_main_02.tpl
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a federal, state, or local historic property list.
http://www.nps.gov/history/local-law/nhpa1966.htm
4.28 The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the
Drug-Free Workplace Act of 1988 (41 USC 701).
http://us-code.vlex.com/vid/drug-free-workplace-requ irements-contractors-19242870
4.29 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 5 Subpart A.
4.30 The SUBRECIPIENT agrees to comply with 2 CFR 200 et seq, and agrees to adhere to the
accounting principles and procedures required therein, utilize adequate internal controls, and
maintain necessary source documentation for all costs incurred.These requirements are enumerated
in 2 CFR 200,et seq.
4.31 2 CFR 200.216 — Prohibition on certain telecommunications and video surveillance services or
equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or
grant funds to: 1)procure or obtain funds; 2)extend or renew a contract to procure or obtain; or 3)
enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or
systems that use(s)covered telecommunications equipment or services as a substantial or essential
component of any system,or as critical technology as part of any system.
4.32 Single Audits shall be conducted annually in accordance with 2 CFR 200.501 and shall be
submitted to the County nine (9) months after the end of the SUBRECIPIENT's fiscal year. The
SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500. Subrecipients exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty(180)days after the end of the Subrecipient's fiscal
year. Per 2 CFR 200.345, 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=5a78addefff9a535e83fed3010308aef&mc=true&node=se2.1.200_1344&rgn=div8
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Clarification of Eligible Audit Costs
The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost
certification of costs performed by a certified public accountant. This has always been an eligible
cost;the amendment clarifies and codifies this.
http://www.law.cornell.edu/cfr/text/24/92.206
4.33 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101,shall be subject
to the provisions of HOME including, but not limited to, the provisions on use and disposition of
property.Any real property within the SUBRECIPIENT control, which is acquired or improved in
whole or part with HOME funds in excess of$25,000, must adhere to the HOME Regulations at
24 CFR 92.3 5.3
http://www.fhwa.dot.gov/realestate/ua/index.htm
http://wvvw.law.cornell.edu/cfr/text/49/24.101
4.34 As provided in §287.133,Florida Statutes by entering into this Agreement or performing any work
in furtherance hereof,the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors,
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.This notice is required by§287.133 (3)(a),Florida Statutes.
http://www.lawserver.com/law/state/florida/statutes/floridastatutes 287-133
4.35 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress
in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement,the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers(including subcontracts, subgrants,contracts under grants,
loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose
accordingly.
4.36 Travel reimbursement will be based on the U.S. General Services Administration(GSA) per diem
rates in effect at the time of travel.
4.37 Any rule or regulation determined to be applicable by HUD.
4.38 Florida Statutes 713.20, Part 1, Construction Liens
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display_Statute&URL=0700-
0799/0713/0713.htm l
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4.39 Florida Statutes 119.021 Records Retention
http://www.lawserver.com/law/state/florida/statutes/florida statutes 119-021
4.40 Florida Statutes, 119.071, Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display_Statute&URL=0100-
0199/0119/Sections/0119.07.html
4.41 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.
4.42 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://ojp.gov/about/ocr/partnerships.htm.
Discrimination on the basis of religion in employment 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 DOJ/BJA funds while taking into account religion when hiring
staff. Questions in this regard should be directed to the Office for Civil Rights.
4.43 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.
4.44 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.
4.45 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
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4.46 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.
4.47 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), DOJ/BJA encourages
recipients and subrecipients to adopt and enforce policies banning employees from text messaging
while driving any vehicle during the course of performing work funded by DOJ/BJA and to
establish workplace safety policies and conduct education, awareness, and other outreach to
decrease crashes caused by distracted drivers.
4.48 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.
4.49 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 OJP.
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PART V
HOME Requirements
5.1 Project Requirements for SUBRECIPIENTS
The SUBRECIPIENT is required to conform to the following requirements and regulations as
stated below:
24 CFR 92,504(c)(3)
(i) Use of the HOME funds. The Agreement between the COUNTY and a for-profit or
nonprofit housing owner, sponsor, or SUBRECIPIENT must describe the address of the
project, or the legal description of the property if a street address has not been assigned to
the property; the use of the HOME and other funds for the project, including the tasks to
be performed for the project; a schedule for completing the tasks and the project; and a
complete budget.These items must be in sufficient detail to provide a sound basis for the
COUNTY to effectively monitor performance under the Agreement to achieve project
completion and compliance with the HOME requirements.
(ii)Affordability. The Agreement must require housing assisted with HOME funds to meet
the affordability requirements of §92.252 or §92.254, as applicable, and must require
repayment of the funds if the housing does not meet the affordability requirements for the
specified time period.The affordability requirements in§92.252 must be imposed by deed
restrictions, covenants running with the land, use restrictions, or other mechanisms
approved by HUD under which the COUNTY has the right to require specific
performance.
(A)If the owner or SUBRECIPIENT is undertaking rental projects,the Agreement must
establish the initial rents, procedures for rent increases pursuant to §92.252(f)(2),the
number of HOME units, size of the HOME units, and the designation of the HOME
units as fixed or floating. It must also include the requirement that the owner or
SUBRECIPIENT provide the address (e.g., street address and apartment number) of
each HOME unit no later than the time of initial occupancy.
(B)If the owner or SUBRECIPIENT is undertaking a homeownership project for sale to
homebuyers in accordance with §92.254(a), the Agreement must set forth the resale
or recapture requirements that must be imposed on the housing,the sales price or the
basis upon which the sales price will be determined, and the disposition of the sales
proceeds. Recaptured funds must be returned to the COUNTY.
(iii)Project requirements. The Agreement must require compliance with project requirements
in subpart F of this part, as applicable in accordance with the type of project assisted. The
Agreement may permit the owner to limit eligibility or give a preference to a particular
segment of the population in accordance with §92.253(d).
(iv) Property standards. The Agreement must require the housing to meet the property
standards in §92.251 upon project completion. The Agreement must also require owners
of rental housing assisted with HOME funds to maintain the housing in compliance with
§92.251 for the duration of the affordability period.
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(v) Other program requirements. The Agreement must require the owner, SUBRECIPIENT,
or sponsor to carry out each project in compliance with the following requirements of
subpart H of this part:
(A) The Agreement must specify the owner or SUBRECIPIENT's affirmative marketing
responsibilities as enumerated by the COUNTY in accordance with §92.351.
(B)The federal requirements and nondiscrimination established in §92.350.
(C) Any displacement, relocation, and acquisition requirements imposed by the
COUNTY consistent with §92.353.
(D)The labor requirements in §92.354.
(E)The conflict of interest provisions prescribed in §92.356(f).
(vi) Records and reports. The Agreement must specify the particular records that must be
maintained and the information or reports that must be submitted in order to assist the
COUNTY in meeting its recordkeeping and reporting requirements. The owner of rental
housing must annually provide the COUNTY with information on rents and occupancy
of HOME-assisted units to demonstrate compliance with §92.252. If the rental housing
project has floating HOME units,the owner must provide the COUNTY with information
regarding unit substitution and filling vacancies so that the project remains in compliance
with HOME rental occupancy requirements. The Agreement must specify the reporting
requirements (including copies of financial statements) to enable the COUNTY to
determine the financial condition(and continued financial viability) of the rental project.
(vii)Enforcement of the Agreement. The Agreement must provide a means of enforcement of
the affordable housing requirements by the COUNTY and the intended beneficiaries.This
means of enforcement may include liens on real property, deed restrictions, or covenants
running with the land.The affordability requirements in§92.252 must be imposed by deed
restrictions, covenants running with the land, use restrictions, or other mechanisms
approved by HUD under which the COUNTY has the right to require specific
performance. In addition, the Agreement must specify remedies for breach of the
provisions of the Agreement.
(viii) Requests for disbursement of funds. The Agreement must specify that the
SUBRECIPIENT may not request disbursement of funds under the Agreement until the
funds are needed for payment of eligible costs. The amount of each request must be
limited to the amount needed.
(ix)Duration of the Agreement. The Agreement must specify the duration of the Agreement.
If the housing assisted under this Agreement is rental housing, the Agreement must be in
effect through the affordability period required by the COUNTY, under §92.252. If the
housing assisted under this Agreement is homeownership housing, the Agreement must
be in effect at least until completion of the project and ownership by the low-income
family.
(x) Community housing development organization provisions. If the nonprofit owner or
SUBRECIPIENT is a community housing development organization and is using set-
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aside funds under §92.300,the Agreement must include the appropriate provisions under
Sections 92.300, 92.301, and 92.303. If the community development organization is
receiving HOME funds as a SUBRECIPIENT of homeownership housing,the Agreement
must specify if the organization may retain proceeds from the sale of the housing and
whether the proceeds are to be used for HOME-eligible or other housing activities to
benefit low-income families. Recaptured funds are subject to the requirements of§92.503.
If the community housing development organization is receiving assistance for operating
expenses, see paragraph (c)(6) of this section.
(xi) Fees. The Agreement must prohibit project owners from charging fees that are not
customarily charged in rental housing such as laundry room access fees, and other fees.
However, rental project owners may charge reasonable application fees to prospective
tenants; may charge parking fees to tenants only if such fees are customary for rental
housing projects in the neighborhood; and may charge fees for services such as bus
transportation or meals, as long as such services are voluntary. The Agreement must also
prohibit the SUBRECIPIENT that is undertaking a homeownership project from charging
servicing, origination, processing, inspection, or other fees for the costs of providing
homeownership assistance.
5.2 Affordability Requirements
LONG TERM AFFORDABILITY
The HOME-assisted housing must meet the affordability requirements for not less than the
applicable period specified in the following table,beginning after project completion. The per unit
amount of HOME funds and the affordability period that they trigger are described more fully
below under Recapture Provisions.
HOME Required Affordability Period Minimum affordability period in
years
Rehabilitation or acquisition of existing housing per unit 5
amount of HOME funds: Under$15,000
$15,000 to $40,000 10
Over$40,000 or rehabilitation involving refinancing 15
New construction or acquisition of newly constructed 20
housing
5.3 Maximum Per-Unit Subsidy Requirements
Due to the discontinuation of the Section 221(d)(3) mortgage insurance program, alternate
maximum per-unit subsidy limits must be used for the HOME Program. HUD is required to
undertake rulemaking to establish new maximum per-unit subsidy limits for the HOME Program.
Until a new rule can be published,HUD published a Notice establishing an interim policy that Field
Office staff and participating jurisdictions (PJs) must follow. It directs PJs to use the Section 234-
Condominium Housing basic mortgage limits, for elevator-type projects for determining the
maximum amount of HOME funds a PJ may invest on a per-unit basis in HOME-assisted housing
project.This interim policy remains in effect until the effective date of the new final rule provisions,
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amending the existing provisions of 24 CFR 92.250(a).HOME per-unit subsidy limit at 240 percent
of the Section 234 basic mortgage limit. Annual Section 234-Condominium Housing basic
mortgage limits, for elevator-type projects can be found at:
https://www.hudexchange.info/resource/2315/home-per-unit-subsidy
The maximum subsidy for 234-Condominium Housing Units is as follows:
Bedrooms Non-Elevator Elevator
0 $59,338 $62,445
1 $68,418 $71,584
2 $82,514 $87,047
3 $105,621 $112,611
4+ $117,666 $123,611
As a rental rehabilitation housing project,the Affordability Period during which SUBRECIPIENT
must maintain compliance with all applicable HOME rules shall be a maximum of 15 years,
depending on the amount assisted per unit. The Affordability Period will not commence until the
Project has met the requirements for Project Completion outlined in 24 CFR 92.2, which requires
constructions to be complete, all HOME funds disbursed by the COUNTY and drawn from the US
Treasury, and required completion data entered into HUD's IDIS Federal Reporting System. The
COUNTY will notify the SUBRECIPIENT of the actual date of completion and exact expiration
date of the affordability period, which shall be calculated based on the date of completion. The
COUNTY will record a covenant running with the land, in form satisfactory to the COUNTY that
provides a means for enforcement of the affordability restrictions at 24 CFR 02.252. The covenant
will be recorded senior to all other financing liens, including the first-position mortgage referenced
above,and will be enforceable against all successors in interest to Collier County. If necessary,the
COUNTY may execute an amendment to the covenant running with the land that extends the
affordability restrictions of 24 CFR 92.252 to the exact expiration date of the affordability period.
Failure to meet all applicable HOME requirements for the entire Affordability Period will require
SUBRECIPIENT to repay all HOME funds to the COUNTY.
5.4 Recapture Provision
Should the housing unit not continue to be the principal residence of the homebuyer for the
duration of the period of affordability,the COUNTY shall recapture the entire direct HOME
subsidy, per 24 CFR 92.254(a)(4)(ii), provided to the homebuyer before the homebuyer receives
any proceeds. If the net proceeds available at the time of the sale are insufficient to recapture the
entire direct HOME subsidy provided to the homebuyer, Collier County will only recapture what
is available from net proceeds using the `shared net proceeds' formula. This restriction will be
incorporated into the property deed.
(Signature Page to Follow)
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IN WITNESS WHEREOF,the SUBRECIPIENT and the COUNTY, have each, respectively, by
an authorized person or agent, hereunder set their hands and seals on the date first written above.
ATTEST. BOARD F UNTY COM SIO ERS OF
L K. KINZ CLERK cc._ COLLIE NTY, FLORID
.`� , " By:
, Deputy Clerk PENNY TA OR, CHAIRPERSON
Att t as to Chairman's
cii!nsture on!v.
Date: 131 Z I
HABITAT FOR HUMANITY OF COLLIER
Dated: (4/i /a0a1 COUNTY, INC.
(SEAL)
By:
NICK KOULOHERAS, PRESIDENT
Date:
Approved as to form and legality:
a_A)-L-
ennifer . Belpedio 90 °\1'
Assistant County Attorney
Date: ‘Ad 12? \
MAR 22'21 pm3:25
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PART VI
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:
SUBRECIPIENT Address:
Project Name:
Project No: Payment Request#
Total Payment Minus Retainage
Period of Availability: through
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
Subrecipient CHS Adjustments
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 B-1
Match Form
Collier County Request for Match
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name:
Subrecipient Address:
Project Name:
Project No: Match Request#
Match Amount Request Today: $0.00
SECTION I: STATUS OF FUNDS
1. Total Match Amount per Agreement $0.00
2. Total Amount of Previous Match Submitted(Insert $0.00
Amount)
3. Total Match Amount Awarded Per Agreement Less $0.00
Total Amount of Previous Match Submitted
4. Amount of Today's Request(Insert Amount) $0.00
5. Match Balance(Match per Agreement less the Sum of $0.00
All Match Submitted)
I certify that this request for payment/match has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT/DEVELOPER. To the best of my knowledge and
belief all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor Department Director
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EXHIBIT C
Quarterly Performance Report
REPORTING SCHEDULE
The SUBRECIPIENT shall submit quarterly reports to COUNTY based on the following schedule. Reports
shall be submitted according to this schedule as long as this Agreement is in force:
Activity Reporting Period Report Due Date
October 1st—December 31st January 10th
January 31 st—March 31 st April 10th
April 1st—June 30th July 10th
July 1st— September 30th October 10th
HOME SUBRECIPIENT AGREEMENT PERIOD
Subrecipient Name:
Date Submitted:
Activity Reporting Period:
Contact Person:
Telephone: Email:
GENERAL
1. Activity Status or Milestones—describe any significant actions taken or outcomes achieved during
this reporting period.
2. Future Actions — what significant actions or outcomes are expected during the next reporting
period?
3. Obstacles—describe any potential obstacles, challenges, or issues that may cause delay.
ACTIVITY STATUS
Complete the following information by entering the appropriate numbers for this reporting period in the
tables below. Do not duplicate information from previous reporting periods.
Activity This Reporting Period
No. Active Projects
No. Projects Complete
No. Properties Demolished
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No. Properties Sold
TOTAL
HOUSEHOLD INFORMATION
Complete these tables for those properties sold during this reporting period.
Household Data This Reporting Period
No. Extremely-Low Income Households (0-30% AMI)
No. Very-Low Income Households (31-50%AMI)
No. Low-Income Households (51-80% AMI)
No. Moderate-Income Households (81-120% AMI)
No. Female Head of Households
TOTAL
RACE AND ETHNICITY BENEFICIARIES
Race Total No. Hispanic
White
Black or African American
Asian
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
American Indian/Alaska Native and White
Asian and White
Black/African American and White
American Indian/Alaskan Native and Black/African
American _
Other Multi-Racial
TOTAL
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EXHIBIT D
INCOME CERTIFICATION
INSTRUCTIONS
Submit completed form, including appropriate supporting documentation,to COUNTY to obtain approval
prior to the sale of a property associated with this Agreement to an eligible person or household.
Effective Date:
A. Household Information
Member Names—All Household Members Relationship Age
1
2
3
4
5
6
7
8
B. Assets: All Household Members, Including Minors
Income
Member Asset Description Cash Value from
Assets
1
2
3
4
5
6
7
8
Total Cash Value of Assets
B(a)
Total Income from Assets
B(b)
If line B(a) is greater than $5,000, multiply that amount by the rate
specified by HUD (applicable rate 2.0%) and enter results in B(c),
otherwise leave blank.
B(c)
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C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of
Minors
Member Wages / Benefits / Public Other
Salaries Pensions Assistance Income
(include tips, Asset
commissions, Income
bonuses, and
overtime) (Enter the
1 greater of
2 box B(b) or
3 box B(c),
4 above, in
5 box C(e)
6 below)
7
8
Totals (a) (b) (c) (d) (e)
Enter total of items C(a) through C(e).
This amount is the Annual Anticipated Household Income.
D. Recipient Statement: The information on this form is to be used to determine maximum income
for eligibility. I/we have provided, for each person set forth in Item A, acceptable verification of
current and anticipated annual income. I/we certify that the statements are true and complete to the
best of my/our knowledge and belief and are given under penalty of perjury.
WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning
income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is
punishable by fines and imprisonment provided under S. 775.082 and 775.083.
Signature of Head of Household Date
Signature of Spouse or Co-Head of Household Date
Adult Household Member(if applicable) Date
Adult Household Member(if applicable) Date
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E. HOME COUNTY Statement: Based on the representations herein, the family or individual(s)
named in Item A of this Income Certification is/are eligible under the provisions of the HOME
Program. The family or individual(s) constitute(s) a:
n Extremely-Low Income (ELI) Household means and individual or family whose annual
income does not exceed 30 percent of the area median income as determined by the U.S.
Department of Housing and Urban Development with adjustments for household size.
(Maximum Income Limit $ ).
n 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$ ).
n Low-Income (LI) Household means and individual or family whose annual income does
not exceed 80 percent of the area median income as determined by the U.S. Department of
Housing and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
Based upon the (year) income limits for the Naples-Marco Island Metropolitan Statistical
Area(MSA) of Collier County, Florida.
Signature of the HOME Administrator or His/her Designated Representative:
Signature Date
Printed Name Title
F. Household Data
Number of Persons
By Race/Ethnicity By Age
Native
American Asian Black Hawaiian or White Other 0— 26— 41 — 62+
Indian Other Pac. 25 40 61
Islander
Hispanic
Non-
Hispanic
NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use
only. No occupant is required to give such information he or she desires to do so, and refusal to give such
information will not affect any right he or she has an occupant.
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EXHIBIT E
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if
subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires
that all appropriate documentation is provided regarding your organization's compliance. In determining Federal
awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the
activity related to the Federal award occurs, including any Federal award provided by Collier County. The
determination of amounts of Federal awards expended shall be in accordance with the guidelines established by
2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act
(Statute 215.97) requirements.
Subrecipient
Name
First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year (MM/DD/YY)
Total Federal Financial Assistance Expended Total State Financial Assistance Expended during
during most recently completed Fiscal Year most recently completed Fiscal Year
$ $
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been
met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be
completed by . Copies of the audit report and management letter are attached
or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑ Are a for-profit organization
❑ Are exempt for other reasons — explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit report. While we
I 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.
Date
Signature
Print Name and Title
06/18
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