Backup Documents 06/22/2021 Item #16D 7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SI4P
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO j b fl 7 M
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. Hilary Halford Community and Human VV. 6.22.2021
Services
2. Jennifer Belpedio County Attorney Office
3. BCC Office Board of County
Commissioners ��
4. Minutes and Records Clerk of Courts Office `6
-1
PRIMARY CONTACT INFORMATION itt/'/
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 Hilary Halford Phone Number 252-2670
Contact/ Department
Agenda Date Item was June 22,2021 Agenda Item Number 1 t •jam, .
Approved by the BCC V. /
Type of Document See attached Inventory List with Number of Original See attached...
Attached instructions of all documents and Documents Attached
document counts included in this agenda
item.
PO number or account
number if document is
to be recorded 7.t at-t3
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. ?eSO (Initial) Applicable)
1. Does the document require the chairman's original signature? Q( G C HH
2.2. 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 *See Below)on an
attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be HH
signed by the Chairman,with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the HH
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 HH
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip HH
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 6.22.2021 and all changes made during 1-III 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 N/A is not
BCC,all changes directed by the BCC have been made, and the document is ready for the } an option for
Chairman's signature. this line,
SEE ATTACHED LIST OF DOCUMENTS AND INSTRUCTIONS-�
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16 0 7 '�
Documents included for signature are as follows:
Document Type/Title Copy Instructions
Count
Resolution approving 5-Yr Consolidated Plan, Annual Action Plan 1 Send to Minutes&Records(MR)for
and authorizing Chairman to sign required documents and transmittal recording
to HUD
Certifications/Assurances/SF424s for CDBG, HOME and ESG 2 Send 1 to Minutes&Records(MR)for
'programs recording and,l back to Hilary Halford
with CHS
A reement for Sunrise-Facility Improvement 3 Send all back to Hilary Halford at
CHS
—Free to Be Me 3 Send all back to Hilary Halford at
Program CHS
- • • — Installation 3 Send all back to Hilary Halford at
CHS
CDRCi Suh-rec i n Agreement for CC'HA Re>1 AS uiC�sit�n 3 Send all back to Hilary Halford at
CHS
n & 3 Send all back to Hilary Halford at
Children-Security Enhancement CHS
GP44G-Sttb-re.e..ipieutAgretment for Les?al Aid-Vitcim Services 3 Send all back to Hilary Halford at
CHS
,CDBG Sub-recipient Agreement for City of Naples 3 Send all back to Hilary Halford at
CHS
3 Send all back to Hilary Halford at
CHS
HOME Sub-recipient Agreement for Hunger& Homeless Coalition- 3 Send all back to Hilary Halford at
1"--Sr. Rehousing CHS
-recipient greemen or e er or use ome and 3 Send all back to Hilary Halford at
Children-Emergency Operations CHS
***Please note: Three (3) Sub-recipient agreements listed in the ES are not included
here due to underwriting and other issues — they will be brought back once the
agreements have finalized.
Please contact Hilary Halford at ex. 2670 for pick-up once all signatures have been
provided.
Thank you!
L Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
i D
MEMORANDUM
Date: June 29, 2021
To: Hilary Halford, Senior Grants & Housing Coordinator
Community and Human Services
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Resolution 2021-131 (copy) and original accompanying documents:
Certifications/Assurances/SF424's for CDBG, HOME and ESG (1)
CDBG Sub-recipient Agreement for City of Naples (3)
HOME Sub-recipient Agreement for Hunger & Homeless Coalition —
Sr. Rehousing (3)
Attached please find copies of the documents referenced above, approved by the
Board of County Commissioners June 22, 2021 (Item #16D7).
The original resolution, an original copy of the certifications and copies of the
remaining documents will be held in the Minutes and Records Department for the
Board's Official Record.
If you have any questions, please call me at 252-8406.
Thank you.
Attachments (7)
I6Q7
RESOLUTION NO.2021- 1 31
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, APPROVING: FIVE YEAR CONSOLIDATED
PLAN INCLUDING THE CITIZEN PARTICIPATION PLAN AND ONE-YEAR
ACTION PLAN FOR COMMUNITY DEVELOPMENTBLOCK GRANT (CDBG),
HOME INVESTMENT (HOME) AND EMERGENCY SOLUTIONS GRANTS
(ESG) PROGRAMS FY2021-2025; AUTHORIZING THE CHAIRPERSON TO
EXECUTE REQUIRED HUD CERTIFICATIONS; AND AUTHORIZING
TRANSMITTAL OF THE PLANS TO THE UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD); AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,the United States Department of Housing and Urban Development(HUD)requires a
Five-Year Consolidated Plan and One-Year Action Plan be developed and submitted as an application for
planning and funding of Community Development Block Grant(CDBG), HOME Investment Partnerships
(HOME), and Emergency Solutions Grants(ESG)programs; and
WHEREAS,the overall goal of the community planning and development programs covered by
this plan is to develop viable communities by providing decent, affordable housing, a suitable living
environment and expanding economic opportunities for low and moderate-income persons; and
WHEREAS, the Five-Year Consolidated Plan for FY 2021-2025 and an updated Citizen
Participation Plan were adopted by the Board of County Commissioners on June 22, 2021; and
WHEREAS, the FY 2021-2022 One-Year Action Plan will serve as a planning document for
Collier County; an application for federal funds under the HUD formula grant programs, a strategy to be
followed in carrying out the HUD programs; and an action plan that provides a basis for assessing
performances.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
1. The Board of County Commissioners of Collier County approves the FY 2021-2025
Consolidated Plan to include the Citizenship Participation Plan, the Certifications, and the
SF424 documents, the FY2021-2022 One-Year Action Plan for the CDBG, HOME, and ESG
Programs, which is attached and incorporated herein by reference, and authorizes the
Community and Human Services Division to transmit the Plans to the proper funding authority
and take all necessary actions for implementation of the CDBG, HOME and ESG programs.
1 6 D 7
2. The Chairperson of the Board of County Commissioners is authorized to execute certifications
pertaining to the One-Year Action Plan on behalf of the County.
3. The One-Year Action Plan sets forth the dollar amounts and draft project descriptions for each
project to be funded by the CDBG, HOME, and ESG programs. A copy of the proposed
activities within each project and associated recommended funding is included in the executive
Summary and incorporated by reference. Accordingly, the Subrecipient agreements for all
CDBG,HOME and ESG projects will subsequently be entered into on behalf of Collier County
and each such Agreement is hereby acknowledged as providing for a valid public and
worthwhile County purpose.
4. EFFECTIVE DATE. This Resolution shall become effective upon adoption by a majority vote
of the Board of County Commissioners.
This Resolution adopted this 4,4- day of„wik, 2021, after motion, second and majority vote
favoring same.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
r
•
re' _' am'r ," i
rft
L'AttP 3,
to C 4 1 j z uty Clerk Ch rperson, P ny Taylor
signature only,
Approved as to form and legality:
____\C_ 0..,>
Jenn'fer)A. Belpedio Assistant County Attorney \ ' 2r....z—i
Item# LE
Agenda 72. 1
Date
Date GV I
Rec'd -----
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 7
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 G6t (fl*"t 3o
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is lready 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. Hilary Halford Community and Human V-P 9.13.2021
Services
2. Jennifer Belpedio County Attorney Office .c4,( , 91 I N I a 1
3. BCC Office Board of County
Commissioners . J+ 1 4-15- &
4. Minutes and Records Clerk of Court's Office
AU qfr1 -1 11:2
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 Hilary Halford Phone Number 252-2670
Contact/ Department
Agenda Date Item was June 22,2021 Agenda Item Number 16.D.7
Approved by the BCC Q " 02-1" 151
Type of Document HUD Funding Approval/Agreement for Number of Original 2
Attached CDBG,HOME&ESG funds Documents Attached
PO number or account
number if document is O b 1 —1 $'$' ' 3 e — 449030
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' ot ...,ial signature?yes please! HH
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 *See Below)on an
attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be ^
signed by the Chairman,with the exception of most letters,must be reviewed and signed d J,`/(J i
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 HH
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 HH
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip HH
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 6.22.2021 and all changes made during "'T tro
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 N/A is
BCC,all changes directed by the BCC have been made,and the document is ready for the �- an option o
Chairman's signature. this line.
** Please send one signed agreement to the Clerk's Minutes & Recording Department and 1 signed
agreements back to H. Halford at Community & Hu an ervices C.JA p INS vied l/15
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24. 5;Revi ed 11/30/12
Ginn 44C t C-{—�� see i 1-
SL�kI ✓eco►c of
160 7
MEMORANDUM
Date: September 21, 2020
To: Hilary Halford, Senior Grants & Housing Coordinator
Community & Human Services
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: HUD Funding Approval/Agreements for CDBG, HOME &
ESG Funds
Attached for your records is one (1) copy of the document referenced above, (Item
#16D7) approved by the Board of County Commissioners Tuesday, June 22, 2021.
Once the recorded copy is returned to our office, we'll forward a copy to you for
your records.
If you have any questions, please call me at 252-7240.
Thank you.
Attachment
160i
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Monday, October 11, 2021 8:44 AM
To: HalfordHilary
Subject: Recorded HUD Consolidated Plan FY2021-2025 and 1-year Action Plan FY2021 (#16D7
6-22-21)
Attachments: Backup Documents 06_22_2021 Item #16D 7.pdf
Please see attached for your records.
Thank you.
Ann JenneJotin
13MR Senior Deputy Clerk II
`#i•.iTiTk:yT Clerk to the Value Adjustvvtevtt Board
,�.a'° �'••,� Office: 239-252-8406
Fax: 23 9-252-8408 (if applicable)
Avwt.Jevtvtejohvt@CollierClerk.cow
, �� Office of the Clerk of the Circuit Court
�`(Kn.t' & Comptroller of Collier Couvtty
32 q Tawtiavvti Trail, Suite #4O1
Naples, FL 34112-5324
www.CollierClerk.cowt
1
607
QP.„,ENTpFyO U.S.Department of Housing and Urban Development
' °N Community Planning and Development Division
7 * ' I * 0 Region IV,Miami Field Office
i Brickell Plaza Federal Building
G Q�
9egNpEv£,o 909 SE First Avenue,Room 500 Miami,FL 33131-3042
September 10, 2021
Honorable Penny Taylor
Chairperson, Board of County Commissioners
3299 Tamiami Trail East,#303
Naples, FL 34112-5361
Dear Commissioner Taylor:
SUBJECT: Collier County
Consolidated Plan FY 2021-2025 and One-Year Action Plan FY 2021
The Miami Field Office would like to thank you for your continued partnership in
providing quality affordable housing, a suitable living environment, and expanding economic
opportunities for low-and moderate-income persons through HUD programs. On Thursday, June
10, 2021,the Department published an interim final rule with a request for comments, titled:
Requesting Affirmatively Furthering Fair Housing Definitions and Certifications(86 Fed Reg
30779). The effective date for the interim rule is July 31, 2021, and you are encouraged to review
the interim rule in developing your programs. Enclosed are the Grant Agreements for the
following programs:
Community Development Block Grant Program (CDBG) $2,744,274.00
HOME Investment Partnerships (HOME) $753,000.00
Emergency Solutions Grant(ESG) $217,796.00
Total FY 2021 Award $3,715,070.00
Transmittal of these Grant Agreements does not constitute approval of the activities
described in your Consolidated Plan. You are reminded that you, as grantee, are responsible for
ensuring that all grant funds are used in accordance with all program requirements. An executed
Grant Agreement is a legally binding agreement between the Department of Housing and Urban
Development and Collier County.
INSTR 6138525 OR 6022 PG 1172
RECORDED 10/5/2021 4:30 PM PAGES 10
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$86.50
HUD's mission is to create strong,sustainable,inclusive communities and quality,affordable homes for all.
www.hud.gov espanol.hud.qov
1607
To establish a Line of Credit for Fiscal Year 2021 grants, it will be necessary for your
agency to sign, execute and return one (1) copy of the Grant Agreements. If there is a need to
add or remove individuals authorized to access the Integrated Disbursement Information System
(IDIS),please submit an IDIS Online Access Request Form (HUD 27055). Also,please ensure
the IDIS Online Access Request Form is notarized and returned to this office with your Grant
Agreements. Additionally, if there is a need to establish or change the depository account where
these funds are to be wired, a Direct Deposit Sign-Up form (SF-1199A)must be completed by
your financial institution and returned to this office with a copy of a voided check.
In accordance with the HOME regulations at 24 CFR 92.254(a)(5), a Participating
Jurisdiction(PJ) must establish resale and/or recapture requirements that comply with the
standards of the regulation. Furthermore,the resale and/or recapture requirements must be set
forth in the PJ's Consolidated Plan. HUD must determine if the PJ's provisions comply with the
requirements of the regulations and notify the PJ in writing of its determination.
HUD has reviewed Collier County's resale and recapture provisions and has determined
that the provisions included in the Plan comply with the requirements at 24 CFR 92.254(a)(5).
Please note the special condition in your CDBG Funding Approval/Agreement.
You are reminded that certain activities are subject to the provisions of 24 CFR Part 58
(Environmental Review Procedures). Funds for such activities may not be obligated or
expended until HUD has approved the release of funds in writing. A request for release of funds
(RROF)must be accompanied by an environmental certification, and until the RROF is approved
and notification is received, no HUD funds should be committed. If the project or activity is
exempt per 24 CFR 58.34 or categorically excluded (except in extraordinary circumstances), no
RROF is required.
Please execute two (2) copies of the CDBG/HOME/ESG Funding Approval/Agreements
with electronic signatures. In response to COVID-19, HUD authorizes you to electronically
execute the grant agreements with your electronic signature. Return one (1) of each of the
agreements to this office to the attention of Ann D. Chavis, Director, Community Planning and
Development via email message at: Ann.D.Chavis@hud.gov and cc: Lisa Bustamante, Program
Manager at: Fiordaliza.Bustamante@hud.gov. Please ensure the Chief Elected Official and/or
authorized designee electronically signs the CDBG grant agreement in the box directly across
from the HUD CPD Director's signature. The CDBG Funding Approval/Agreement should not
be electronically signed in box 12c. Maintain a copy of each of the agreements with your
original signatures on site in your program files.
HUD's mission is to create strong,sustainable,inclusive communities and quality,affordable homes for all.
www.hud.gov espanol.hud.gov
1607
For additional information and guidance on grant-based accounting, please refer to the
HUD Exchange at: https://www.hudexchange.info/manage-a-program/grant-based-accounting/.
HUD congratulates Collier County on its grant award, and we look forward to assisting
you in accomplishing your programs goals. If you have any questions or need further
information of assistance,please contact Nora Casal Cintron, Senior Community Planning and
Development Representative at(305) 520-5009, or nora.e.casalcintron@hud.gov.
Sincerely,
Ann D. Chavis, Director,
Office of Community Planning and Development
cc: Lisa Bustamante, Program Manager U.S. H.U.D.
Ms. Kristi Sonntag,Director
Enclosures
HUD's mission is to create strong,sustainable,inclusive communities and quality,affordable homes for all.
www.hud.gov espanol.hud.gov
1607
Funding Approval/Agreement U.S.Department of Housing and Urban Development OMB Approval No.2506-0193
Title I of the Housing and Community Office of Community Planning and Development pP
Development Act(Public Law 930383) Community Development Block Grant Program exp 5/31/2018
HI-00515R of 20515R
1.Name of Grantee(as shown in item 5 of Standard Form 424) 3a.Grantee's 9-digit Tax ID Number 3b.Grantee's 9-digit DUNS Number
Collier County 596000558 076997790
2.Grantee's Complete Address(as shown in item 5 of Standard Form 424) 4.Date use of funds may begin
Community and Human Services Department 10/01/2021
3339 East Tanuami Trail 5a.Project/Grant No.1 6a.Amount Approved
Naples,FL 34112-5361 B-21-UC-12-0016 $2,744,274
5b.Project/Grant No.2 6b.Amount Approved
Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development(HUD)and the above named Grantee is made pursuant to the authority of Title I of the
Housing and Community Development Act of 1974,as amended,(42 USC 5301 et seq.).The Grantee's submissions for Title I assistance,the HUD regulations at 24 CFR Part 570(as now in
effect and as may be amended from time to time),and this Funding Approval,including any special conditions,constitute part of the Agreement. Subject to the provisions of this Grant Agreement,
HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be
used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre-
agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding
Approval. The Grantee agrees to assume all of the responsibilities for environmental review,decision making,and actions,as specified and required in regulations issued by the Secretary
pursuant to Section 104(g)of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub-recipient entities to which it
makes funding assistance hereunder available.
U.S.Department of Housing and Urban Development(By Name) Grantee Name(Contractual Organization)
Ann D.Chavis Collier County
Title Title
CPD Director Board of County Commission Chairperson
Signature Date Signature Date
09/10/2021 J
X
7.Category of Title I Assistance for this Funding Action: 8.Special Conditions 9a.Date HUD Received Submission 10.check one
(check one) 07/21/2021 ®a.Orig.Funding
Entitlement,Sec 106(b) ❑None 9b.Date Grantee Notified Approval
®Attached 08/24/2021 ❑b.Amendment
9c.Date of Start of Program Year
Amendment Number
10/01/2021
11.Amount of Community Development
Block Grant FY 2021
a.Funds Reserved for this Grantee $2,744,274
b.Funds now being Approved
c.Reservation to be Cancelled
(11 a minus 11 b)
12a.Amount of Loan Guarantee Commitment now being Approved 12b.Name and complete Address of Public Agency
N/A N/A
Loan Guarantee Acceptance Provisions for Designated Agencies:
The public agency hereby accepts the Grant Agreement executed by the Department
of Housing and Urban Development on the above date with respect to the above grant
number(s)as Grantee designated to receive loan guarantee assistance,and agrees to
comply with the terms and conditions of the Agreement,applicable regulations,and 12c.Name of Authorized Official for Designated Public Agency
other requirements of HUD now or hereafter in effect,pertaining to the assistance N/A
provided it. Title
N/A
Signature
X N/A
HUD Accounting use Only
Effective Date
Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mm/dd/yyyy) F
1 5 3 Iii
Y Pro
ject Number Amount
Y Project Number Amount
Date Entered PAS(mm/dd/yyyy) Date Entered LOCCS(mm/dd/yyyy) Batch Number Transaction Code Entered By Verified By
ATTEST ' �,p~=,•
CRYSTAL-K.KIN L,CLERK Approved as to form an egality
•
Chairman"�
;deg as t0 Assistant cv.lnty Attc
sitirtur en.y
160
Collier County B-21-UC-12-0016
8. Special Conditions.
(a) The period of performance for the funding assistance specified in the
Funding Approval ("Funding Assistance") shall begin on the date
specified in item 4 and shall end on September 1, 2028. The Grantee
shall not incur any obligations to be paid with such assistance after
September 1, 2028.
(b) The Recipient shall attach a schedule of its indirect cost rate(s) in the
format set forth below to the executed Agreement that is returned to
HUD. The Recipient shall provide HUD with a revised schedule when
any change is made to the rate(s) described in the schedule. The
schedule and any revisions HUD receives from the Recipient shall be
incorporated herein and made a part of this Agreement,provided that the
rate(s) described comply with 2 CFR part 200, subpart E.
Administering Direct
Department/Agency Indirect cost rate Cost Base
Instructions: The Recipient must identify each agency or department of the
Recipient that will carry out activities under the grant, the indirect cost rate
applicable to each department/agency (including if the de minimis rate is used per
2 CFR §200.414(f)), and the type of direct cost base to which the rate will be
applied (for example, Modified Total Direct Costs (MTDC)). Do not include
indirect cost rates for subrecipients.
(c) In addition to the conditions contained on form HUD 7082,the grantee
shall comply with requirements established by the Office of
Management and Budget(OMB) concerning the Dun and Bradstreet
Data Universal Numbering System(DUNS);the System for Award
Management(SAM.gov.);the Federal Funding Accountability and
Transparency Act as provided in 2 CFR part 25,Universal Identifier and
General Contractor Registration; and 2 CFR part 170, Reporting
Subaward and Executive Compensation Information.
(d) The grantee shall ensure that no CDBG funds are used to support any
Federal, State, or local projects that seek to use the power of eminent
domain, unless eminent domain is employed only for a public use. For
the purposes of this requirement, public use shall not be construed to
include economic development that primarily benefits private
entities. Any use of funds for mass transit, railroad, airport, seaport or
I 7
Collier County B-21-UC-12-0016
highway projects as well as utility projects which benefit or serve the
general public (including energy-related, communication-related, water-
related and wastewater-related infrastructure), other structures
designated for use by the general public or which have other common-
carrier or public-utility functions that serve the general public and are
subject to regulation and oversight by the government, and projects for
the removal of an immediate threat to public health and safety or
brownfield as defined in the Small Business Liability Relief and
Brownfields Revitalization Act(Public Law 107-118) shall be
considered a public use for purposes of eminent domain.
(e) The Grantee or unit of general local government that directly or
indirectly receives CDBG funds may not sell, trade, or otherwise
transfer all or any such portion of such funds to another such entity in
exchange for any other funds, credits or non-Federal considerations, but
must use such funds for activities eligible under title I of the Act.
(f) E.O. 12372-Special Contract Condition -Notwithstanding any other
provision of this agreement, no funds provided under this agreement
may be obligated or expended for the planning or construction of water
or sewer facilities until receipt of written notification from HUD of the
release of funds on completion of the review procedures required under
Executive Order(E.O.) 12372, Intergovernmental Review of Federal
Programs, and HUD's implementing regulations at 24 CFR Part 52. The
recipient shall also complete the review procedures required under E.O.
12372 and 24 CFR Part 52 and receive written notification from HUD of
the release of funds before obligating or expending any funds provided
under this agreement for any new or revised activity for the planning or
construction of water or sewer facilities not previously reviewed under
E.O. 12372 and implementing regulations.
(g) CDBG funds may not be provided to a for-profit entity pursuant to
section 105(a)(17) of the Act unless such activity or project has been
evaluated and selected in accordance with Appendix A to 24 CFR 570 -
"Guidelines and Objectives for Evaluating Project Costs and Financial
Requirements." (Source -P.L. 113-235, Consolidated and Further
Continuing Appropriations Act, 2015, Division K, Title II, Community
Development Fund).
! 6 D 7
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Funding Approval and HOME
Investment Partnerships Agreement
Title II of the National Affordable Housing Act
Assistance Listings#14.239—HOME Investment Partnerships Program
1. Grantee Name(must match name associated with 3b.)and Address 2. Grant Number(Federal Award Identification Number(FAIN)
Collier County
Community and Human Services Department M21-UC120217
3339 East Tamiami Trail
Naples,FL 34112-5361
3a Tax Identification Number 3b. Unique Entity Identifier(formerly DUNS)
596000558 076997790
4.Appropriation Number 5. Budget Period Start and End Date
861/40205 FY 2021 through FY 2029
6. Previous Obligation(Enter"0"for initial FY allocation) $0.00
a. Formula Funds $
b. Community Housing Development Org.(CHDO)Competitive $
7. Current Transaction(+or-) $753,000
a. Formula Funds $753,000
1. CHDO(For deobligations only) $
2. Non-CHDO(For deobligations only) $
b. CHDO Competitive Reallocation or Deobligation $
8. Revised Obligation $
a. Formula Funds $
b. CHDO Competitive Reallocation $
9. Special Conditions(check applicable box) 10. Federal Award Date(HUD Official's Signature Date)
❑ Not applicable El Attached 09/10/2021
11.Indirect Cost Rate* 12.Period of Performance
Administering Agency/Dept. Indirect Cost Rate Direct Cost Base 09/10/2021 -09/01/2029
*If funding assistance will be used for payment of indirect costs pursuant to 2 CFR
_% 200, Subpart E-Cost Principles, provide the name of the department/agency, its
indirect cost rate(including if the de minimis rate is charged per 2§CFR 200.414),and
the direct cost base to which the rate will be applied. Do not include cost rates for
_% subrecipients.
This Agreement between the Department of Housing and Urban Development(HUD)and the Grantee is made pursuant to the authority of the HOME Investment Partnerships
Act(42 U.S.C. 12701 et seq.).The Grantee's approved Consolidated Plan submission/Application,the HUD regulations at 24 CFR Part 92(as is now in effect and as may be
amended from time to time)and this HOME Investment Partnership Agreement,form HUD-40093,including any special conditions,constitute part of this Agreement.Subject to the
provisions of this Agreement,HUD will make the funds for the Fiscal Year specified,available to the Grantee upon execution of this Agreement by the parties.All funds for the
specified Fiscal Year provided by HUD by formula reallocation are covered by this Agreement upon execution of an amendment by HUD,without the Grantee's execution of the
amendment or other consent.HUD's payment of funds under this Agreement is subject to the Grantee's compliance with HUD's electronic funds transfer and information reporting
procedures issued pursuant to 24 CFR 92.502.To the extent authorized by HUD regulations at 24 CFR Part 92,HUD may,by its execution of an amendment,deobligate funds
previously awarded to the Grantee without the Grantee's execution of the amendment or other consent.The Grantee agrees that funds invested in affordable housing under 24
CFR Part 92 are repayable when the housing no longer qualifies as affordable housing.Repayment shall be made as specified in 24 CFR Part 92.The Grantee agrees to assume
all of the responsibility for environmental review,decision making,and actions,as specified and required in regulation at 24 CFR 92.352 and 24 CFR Part 58.
The Grantee must comply with the applicable requirements at 2 CFR part 200 that are incorporated by the program regulations,as may be amended from time to time.Where
any previous or future amendments to 2 CFR part 200 replace or renumber sections of part 200 that are cited specifically in the program regulations,activities carried out under the
grant after the effective date of the part 200 amendments will be governed by the 2 CFR part 200 requirements as replaced or renumbered by the part 200 amendments.
The Grantee shall comply with requirements established by the Office of Management and Budget(OMB)concerning the Universal Numbering System and System for Award
Management(SAM)requirements in Appendix Ito 2 CFR part 200,and the Federal Funding Accountability and Transparency Act(FFATA)in Appendix A to 2 CFR part 170.
The Period of Performance for the funding assistance shall begin on the date specified in item 12 and shall end on September of the 5th fiscal year after the expiration of the
period of availability for obligation.Funds remaining in the account will be cancelled and thereafter not available for obligation or expenditure for any purpose.Per 31 U.S.C.1552.
The Grantee shall not incur any obligations to be paid with such assistance after the end of the Period of Performance.
13. For the U.S.Department of HUD(Name and Title of Authorized Official) 14.Sign 15. Date
Ann D.Chavis,CPD Director 09/10/2021
16.For the Grantee(Name and Title of Authorized Official) Penny Taylor,Chairperson 17. gnat j� 1�`7 �,D .20
19.Check one: ATMS
® Initial Agreement ❑Amendment# CRYSTAI�'(.KINZEL,CL Approved as to form and legality
BYr `'�'� )t 1 �. .� r � ■,f/G'�J .
Source of Funds dalion Code PAS Cade Amount Attest as to , f 4 \\•`1\ /� ) -_.__
861/40
2021 861/40205 HMF(J) $747,965 . VV!
2020 860/30205 HMF(H) $4,560 A ant County Att s.�CY
2019 869/20205 HMF(G) $475 • + r
signature t1
Page 1 form HUD-40093
1 + D7
Funding Approval/Agreement U.S. Department of Housing and Urban
Emergency Solutions Grants Program Development
Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act, Office of Community Planning and Development
42 U.S.C. 11371 et seq.
Assistance Listing Number 14.231
1. Recipient Name and Address 2.Unique Federal Award Identification Number:
Collier County E-21-UC-12-0016
Community and Human Services Department 3.Tax Identification Number: 596000558
3339 East Tamiami Trail
Naples,FL 34112-5361 4.Unique Entity Identifier(DUNS):076997790
5. Fiscal Year:2021
6. Previous Obligation(Enter"0"for initial Fiscal Year allocation) $0
7. Amount of Funds Obligated or Deobligated by This Action(+or-) $217,796
8. Total Amount of Federal Funds Obligated $217,796
9. Total Required Match
10.Total Amount of Federal Award Including Match
11.Start Date of Recipient's 12. Date HUD Received Recipient's 13. Period of Performance and
Program Year Consolidated Plan Submission Budget Period Start
Date/Federal Award Date(the
10/01/2021 7/21/2021 date listed in Box 19 for initial
Fiscal Year allocation)
9/10/2021
14.Type of Agreement(check applicable box) 15.Special Conditions and Requirements
® Initial Agreement(Purpose#1 —Initial Fiscal Year allocation) ❑ Not applicable ®Attached
❑ Amendment(Purpose#2—Deobligation of funds) 16. Period of Performance and Budget Period End Date(24
❑ Amendment(Purpose#3—Obligation of additional funds) months after the date listed in Box 13)9/9/2023
General Terms and Conditions:This Agreement between the U.S. Department of Housing and Urban Development
(HUD)and the Recipient is made pursuant to the authority of Subtitle B of Title IV of the McKinney-Vento Homeless
Assistance Act(42 U.S.C. 11371 et seq.)and is subject to the applicable annual appropriations act. The Recipient's
Consolidated Plan submissions(including the Recipient's approved annual Action Plan and any amendments completed
in accordance with 24 CFR Part 91),the Emergency Solutions Grants Program regulations at 24 CFR Part 576(as now
in effect and as may be amended from time to time), and this Agreement, including any special conditions attached to this
Agreement, constitute part of this Agreement. Subject to the terms and conditions of this Agreement, HUD will make the
funds for the specified Fiscal Year available to the Recipient upon execution of this Agreement by the Recipient and
HUD. The funds may be used for costs incurred before the Budget Period under the conditions specified in HUD Notice
CPD-21-02 or another prior written approval by HUD, or if the Recipient is not covered by Notice CPD-21-02, under the
condition that the costs are otherwise allowable and were incurred on or after the dates listed in box 11 and box 12 or 90
calendar days before the date in box 13(whichever is later).The Recipient agrees to assume responsibility for
environmental review, decision making, and action under 24 CFR Part 58, except where the Recipient is a state and
distributes funds to a unit of general local government,the Recipient must require the unit of general local government to
assume that responsibility and must comply with the state's responsibilities under 24 CFR 58.4.Without the Recipient's
execution of an amendment or other consent, HUD may amend this Agreement to provide additional funds to the
Recipient for the specified Fiscal Year or to deobligate funds under this Agreement in accordance with applicable law.
The Recipient must comply with the applicable requirements at 2 CFR part 200, as may be amended from time to time.
Where any previous or future amendments to 2 CFR part 200 replace or renumber sections of part 200 that are cited
specifically in 24 CFR part 576, activities carried out under the grant after the effective date of the part 200 amendments
will be governed by the part 200 requirements as replaced or renumbered by the part 200 amendments. If the amount in
Box 8 exceeds$500,000,the Recipient must comply with Appendix XII to 2 CFR part 200—Award Term and Condition
for Recipient Integrity and Performance Matters. Nothing in this Agreement shall be construed as creating or justifying
any claim against the federal government or the Recipient by any third party.
17.For the U.S.Department of HUD(Name,Title,and Contact Information of 18.Sign 19.Date
Authorized Official) 9/10/2021
Ann D.Chavis,CPD Director x
20.For the Recipient(Name and Title of Authorized Official) 21.Sin re 22.Date
Penny Taylor,Collier County Board of County Commission Chairperson
Funding Information(HUD Accounting Use Only):
PAS Code:21HAES ' Region:04 Program Code:SOE
Appropriation:00192 S -- r•Office:(Miami) Allotment:868
Appro Symbol:H '•
ATTEST Approved as to form and legality
Attest as to Chairman'eRYSTa►1 K.KINZEL,CLERK
signature only. BY: �,� Assistant County Attorn
l607
COLLIER COUNTY E-21-UC-12-0016
Special Conditions and Requirements for FY 2021 ESG Program
Indirect Cost Rate
The Recipient shall attach a schedule of its indirect cost rate(s) in the format set forth
below to the executed Agreement that is returned to HUD. The Recipient shall provide
HUD with a revised schedule when any change is made to the rate(s) described in the
schedule. The schedule and any revisions HUD receives from the Recipient shall be
incorporated herein and made a part of this Agreement,provided that the rate(s)
described comply with 2 CFR part 200, subpart E.
Instructions: The Recipient must identiji each agency or department of the Recipient that will
carry out activities under the grant, the indirect cost rate applicable to each department/agency
(including if the de minimis rate is used per 2 CFR§200.414(1)), and the type of direct cost base
to which the rate will be applied(for example, Modified Total Direct Costs (MTDC)). Do not
include indirect cost rates for subrecipients.
Recipient Direct
Department/Agency Indirect cost rate Cost Base
I 6 u
COLLIER COUNTY E-21-UC-12-0016
Special Conditions and Requirements for FY 2021 ESG Program
Serving Youth Who Lack 3rd Party Documentation or Live in Unsafe
Situations
Notwithstanding any contrary requirements under the McKinney-Vento
Homeless Assistance Act or 24 CFR part 576, youth aged 24 and under
who seek assistance(including shelter, services or rental assistance) shall
not be required to provide third-party documentation that they meet the
homeless definition in 24 CFR 578.3 as a condition for receiving
assistance; and unaccompanied youth aged 24 and under(or families
headed by youth aged 24 and under) who have an unsafe primary
nighttime residence and no safe alternative to that residence shall be
considered homeless for purposes of assistance provided by any private
nonprofit organization whose primary mission is to provide services to
youth aged 24 and under and families headed by youth aged 24 and under
l6D7 '
OMB Approval No.0348-0042
ASSURANCES-CONSTRUCTION PROGRAMS
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0042),Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET.
SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional
assurances. If such is the case,you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance, 8. Will comply with the Intergovernmental Personnel Act
and the institutional, managerial and financial capability of 1970(42 U.S.C.§§4728-4763)relating to prescribed
(including funds sufficient to pay the non-Federal share standards for merit systems for programs funded
of project costs) to ensure proper planning, under one of the 19 statutes or regulations specified in
management and completion of the project described in Appendix A of OPM's Standards for a Merit System of
this application. Personnel Administration(5 C.F.R.900,Subpart F).
2, Will give the awarding agency,the Comptroller General 9. Will comply with the Lead-Based Paint Poisoning
of the United States and, if appropriate, the State, Prevention Act (42 U.S.C. §§4801 et seq.) which
through any authorized representative, access to and prohibits the use of lead-based paint in construction or
the right to examine all records, books, papers, or rehabilitation of residence structures.
documents related to the assistance; and will establish
a proper accounting system in accordance with 10. Will comply with all Federal statutes relating to non-
generally accepted accounting standards or agency discrimination. These include but are not limited to: (a)
directives. Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
which prohibits discrimination on the basis of race,
3. Will not dispose of, modify the use of, or change the color or national origin; (b) Title IX of the Education
terms of the real property title, or other interest in the Amendments of 1972, as amended (20 U.S.C. §§1681-
site and facilities without permission and instructions 1683, and 1685-1686), which prohibits discrimination
from the awarding agency. Will record the Federal on the basis of sex; (c) Section 504 of the
interest in the title of real property in accordance with Rehabilitation Act of 1973, as amended (29 U.S.C.
awarding agency directives and will include a covenant §794), which prohibits discrimination on the basis of
in the title of real property aquired in whole or in part handicaps; (d) the Age Discrimination Act of 1975, as
with Federal assistance funds to assure non- amended (42 U.S.C. §§6101-6107), which prohibit
discrimination during the useful life of the project. discrimination on the basis of age; (e)the Drug Abuse
Office and Treatment Act of 1972 (P.L. 92-255), as
4. Will comply with the requirements of the assistance amended, relating to nondiscrimination on the basis of
awarding agency with regard to the drafting, review and drug abuse; (f) the Comprehensive Alcohol Abuse and
approval of construction plans and specifications. Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to
5. Will provide and maintain competent and adequate nondiscrimination on the basis of alcohol abuse or
engineering supervision at the construction site to alcoholism; (g) §§523 and 527 of the Public Health
ensure that the complete work conforms with the Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-
approved plans and specifications and will furnish 3), as amended, relating to confidentiality of alcohol
progress reports and such other information as may be and drug abuse patient records; (h) Title VIII of the
required by the assistance awarding agency or State. Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale,
6. Will initiate and complete the work within the applicable rental or financing of housing; (i) any other
time frame after receipt of approval of the awarding nondiscrimination provisions in the specific statute(s)
agency. under which application for Federal assistance is being
made; and, (j) the requirements of any other
7. Will establish safeguards to prohibit employees from nondiscrimination statute(s) which may apply to the
using their positions for a purpose that constitutes or application.
presents the appearance of personal or organizational
conflict of interest,or personal gain.
Standard Form 424D(Rev.7-97)
Previous Edition Usable Authorized for Local Reproduction Prescribed by OMB Circular A-102
16 0?
11. Will comply, or has already complied, with the National Environmental Policy Act of 1969 (P.L. 91-
requirements of Titles II and III of the Uniform Relocation 190) and Executive Order (EO) 11514; (b) notification
Assistance and Real Property Acquisition Policies Act of of violating facilities pursuant to EO 11738; (c)
1970 (P.L. 91-646) which provide for fair and equitable protection of wetlands pursuant to EO 11990; (d)
treatment of persons displaced or whose property is evaluation of flood hazards in floodplains in accordance
acquired as a result of Federal and federally-assisted with EO 11988; (e) assurance of project consistency
programs. These requirements apply to all interests in real with the approved State management program
property acquired for project purposes regardless of developed under the Coastal Zone Management Act of
Federal participation in purchases. 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of
Federal actions to State (Clean Air) Implementation
12. Will comply with the provisions of the Hatch Act (5 U.S.C. Plans under Section 176(c) of the Clean Air Act of
§§1501-1508 and 7324-7328) which limit the political 1955, as amended (42 U.S.C. §§7401 et seq.); (g)
activities of employees whose principal employment protection of underground sources of drinking water
activities are funded in whole or in part with Federal funds. under the Safe Drinking Water Act of 1974, as
amended (P.L. 93-523); and, (h) protection of
13. Will comply, as applicable,with the provisions of the Davis- endangered species under the Endangered Species Act
Bacon Act(40 U.S.C. §§276a to 276a-7), the Copeland Act of 1973, as amended (P.L.93-205).
(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract
Work Hours and Safety Standards Act (40 U.S.C. §§327- 16. Will comply with the Wild and Scenic Rivers Act of
333) regarding labor standards for federally-assisted 1968 (16 U.S.C. §§1271 et seq.) related to protecting
construction subagreements. components or potential components of the national
wild and scenic rivers system.
14. Will comply with flood insurance purchase requirements of
Section 102(a)of the Flood Disaster Protection Act of 1973 17. Will assist the awarding agency in assuring compliance
(P.L. 93-234) which requires recipients in a special flood with Section 106 of the National Historic Preservation
hazard area to participate in the program and to purchase Act of 1966, as amended (16 U.S.C. §470), EO 11593
flood insurance if the total cost of insurable construction (identification and protection of historic properties), and
and acquisition is$10,000 or more. the Archaeological and Historic Preservation Act of
1974(16 U.S.C.§§469a-1 et seq.).
15. Will comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of 18. Will cause to be performed the required financial and
environmental quality control measures under the compliance audits in accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No.A-133,
"Audits of States, Local Governments, and Non-Profit
Organizations."
19. Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations,and policies
governing this program.
SIGNAT R F AUTHORIZED CERTIFYING OFFICIAL TITLE
Chairperson
APPLICANT ORG IZATIO DATE SUBMITTED
-TkCollier County Board of County Commissioners (ESG) � ad 0
SF-424D(Rev.7-97)Back
ATTEST c' . Approved as to form and Legality
CRYSTAL.I . 70 57. 11�5 C r (� \.v
BY: 4-ant County ey �i\�.�
I6D7
OMB Approval No.0348-0042
ASSURANCES-CONSTRUCTION PROGRAMS
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0042),Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET.
SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional
assurances. If such is the case,you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance, 8. Will comply with the Intergovernmental Personnel Act
and the institutional, managerial and financial capability of 1970(42 U.S.C.§§4728-4763)relating to prescribed
(including funds sufficient to pay the non-Federal share standards for merit systems for programs funded
of project costs) to ensure proper planning, under one of the 19 statutes or regulations specified in
management and completion of the project described in Appendix A of OPM's Standards for a Merit System of
this application. Personnel Administration(5 C.F.R. 900, Subpart F).
2. Will give the awarding agency,the Comptroller General 9. Will comply with the Lead-Based Paint Poisoning
of the United States and, if appropriate, the State, Prevention Act (42 U.S.C. §§4801 et seq.) which
through any authorized representative, access to and prohibits the use of lead-based paint in construction or
the right to examine all records, books, papers, or rehabilitation of residence structures.
documents related to the assistance; and will establish
a proper accounting system in accordance with 10. Will comply with all Federal statutes relating to non-
generally accepted accounting standards or agency discrimination. These include but are not limited to: (a)
directives. Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
which prohibits discrimination on the basis of race,
3, Will not dispose of, modify the use of, or change the color or national origin; (b) Title IX of the Education
terms of the real property title, or other interest in the Amendments of 1972, as amended (20 U.S.C. §§1681-
site and facilities without permission and instructions 1683, and 1685-1686), which prohibits discrimination
from the awarding agency. Will record the Federal on the basis of sex; (c) Section 504 of the
interest in the title of real property in accordance with Rehabilitation Act of 1973, as amended (29 U.S.C.
awarding agency directives and will include a covenant §794), which prohibits discrimination on the basis of
in the title of real property aquired in whole or in part handicaps; (d) the Age Discrimination Act of 1975, as
with Federal assistance funds to assure non- amended (42 U.S.C. §§6101-6107), which prohibits
discrimination during the useful life of the project. discrimination on the basis of age; (e)the Drug Abuse
Office and Treatment Act of 1972 (P.L. 92-255), as
4. Will comply with the requirements of the assistance amended, relating to nondiscrimination on the basis of
awarding agency with regard to the drafting, review and drug abuse; (f)the Comprehensive Alcohol Abuse and
approval of construction plans and specifications. Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to
5. Will provide and maintain competent and adequate nondiscrimination on the basis of alcohol abuse or
engineering supervision at the construction site to alcoholism; (g) §§523 and 527 of the Public Health
ensure that the complete work conforms with the Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-
approved plans and specifications and will furnish 3), as amended, relating to confidentiality of alcohol
progress reports and such other information as may be and drug abuse patient records; (h) Title VIII of the
required by the assistance awarding agency or State. Civil Rights Act of 1968(42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale,
6. Will initiate and complete the work within the applicable rental or financing of housing; (i) any other
time frame after receipt of approval of the awarding nondiscrimination provisions in the specific statute(s)
agency. under which application for Federal assistance is being
made; and, (j) the requirements of any other
7, Will establish safeguards to prohibit employees from nondiscrimination statute(s) which may apply to the
using their positions for a purpose that constitutes or application.
presents the appearance of personal or organizational
conflict of interest,or personal gain.
Standard Form 424D(Rev.7-97)
Previous Edition Usable Authorized for Local Reproduction Prescribed by OMB Circular A-102
1607
11. Will comply, or has already complied, with the National Environmental Policy Act of 1969 (P.L. 91-
requirements of Titles II and III of the Uniform Relocation 190) and Executive Order (EO) 11514; (b) notification
Assistance and Real Property Acquisition Policies Act of of violating facilities pursuant to EO 11738; (c)
1970 (P.L. 91-646) which provide for fair and equitable protection of wetlands pursuant to EO 11990; (d)
treatment of persons displaced or whose property is evaluation of flood hazards in floodplains in accordance
acquired as a result of Federal and federally-assisted with EO 11988; (e) assurance of project consistency
programs. These requirements apply to all interests in real with the approved State management program
property acquired for project purposes regardless of developed under the Coastal Zone Management Act of
Federal participation in purchases. 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of
Federal actions to State (Clean Air) Implementation
12. Will comply with the provisions of the Hatch Act (5 U.S.C. Plans under Section 176(c) of the Clean Air Act of
§§1501-1508 and 7324-7328) which limit the political 1955, as amended (42 U.S.C. §§7401 et seq.); (g)
activities of employees whose principal employment protection of underground sources of drinking water
activities are funded in whole or in part with Federal funds. under the Safe Drinking Water Act of 1974, as
amended (P.L. 93-523); and, (h) protection of
13. Will comply, as applicable,with the provisions of the Davis- endangered species under the Endangered Species Act
Bacon Act(40 U.S.C. §§276a to 276a-7), the Copeland Act of 1973,as amended (P.L. 93-205).
(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract
Work Hours and Safety Standards Act (40 U.S.C. §§327- 16. Will comply with the Wild and Scenic Rivers Act of
333) regarding labor standards for federally-assisted 1968 (16 U.S.C. §§1271 et seq.) related to protecting
construction subagreements. components or potential components of the national
wild and scenic rivers system.
14. Will comply with flood insurance purchase requirements of
Section 102(a)of the Flood Disaster Protection Act of 1973 17. Will assist the awarding agency in assuring compliance
(P.L. 93-234) which requires recipients in a special flood with Section 106 of the National Historic Preservation
hazard area to participate in the program and to purchase Act of 1966, as amended (16 U.S.C. §470), EO 11593
flood insurance if the total cost of insurable construction (identification and protection of historic properties), and
and acquisition is$10,000 or more. the Archaeological and Historic Preservation Act of
1974(16 U.S.C.§§469a-1 et seq.).
15. Will comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of 18. Will cause to be performed the required financial and
environmental quality control measures under the compliance audits in accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No.A-133,
"Audits of States, Local Governments, and Non-Profit
Organizations."
19. Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations,and policies
governing this program.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
) /11/1
Chairperson
APPLICANT 0 ANIZATI DATE SUBMITTED
j
r
Collier County Board of County Commissioners (CDBG) LAVA-� dc�j (%2002
SF-424D(Rev.7-97)Back
ATTEST Approved as to form and legality
CRYSTAL K.KINZEL,CLERK V.,..}.....52z___
\
BY: 6.1.4.t.( 'LUO.A L Assistant County Attorney S�
l60
OMB Number:4040-0004
Expiration Date:12/31/2022
Application for Federal Assistance SF-424
*1.Type of Submission: *2.Type of Application: *If Revision,select appropriate letter(s):
Preapplication ®New
Application 111 Continuation *Other(Specify):
Changed/Corrected Application n Revision
*3.Date Received: 4.Applicant Identifier:
05/07/2021 B-21-UC-120016
5a.Federal Entity Identifier: 5b.Federal Award Identifier:
U.S. Department of HUD CDBG - Entitlement
State Use Only:
6.Date Received by State: 7.State Application Identifier:
8.APPLICANT INFORMATION:
*a.Legal Name: Collier County Board of County Commissioners
*b.Employer/Taxpayer Identification Number(EINfTIN): *c.Organizational DUNS:
59-6000558 0769977900000
d.Address:
*Streetl: 3339 Tamiami Trail East
Street2: Public Services Division Suite 211
*City: Naples
County/Parish: Collier
*State: FL: Florida
Province:
*Country: USA: UNITED STATES
*Zip/Postal Code: 34112-5361
e.Organizational Unit:
Department Name: Division Name:
Public Services Community and Human Services
f.Name and contact information of person to be contacted on matters involving this application:
Prefix: Ms. *First Name: Kristi
Middle Name:
*Last Name: ISonntag
Suffix:
Title: Director, Community and Human Services
Organizational Affiliation:
*Telephone Number: 239-252-2486 Fax Number: 239-252-2638
*Email: kristi.sonntag@colliercountyfl.gov
•
I 6 0 7
Application for Federal Assistance SF-424
*9.Type of Applicant 1:Select Applicant Type:
B: County Government
Type of Applicant 2:Select Applicant Type:
Type of Applicant 3:Select Applicant Type:
*Other(specify):
*10.Name of Federal Agency:
U.S. Department of Housing and Urban Development
11.Catalog of Federal Domestic Assistance Number:
14-218
CFDA Title:
Entitlement Grant - Community Development Block Grant
*12.Funding Opportunity Number:
FR-6200-N-01
*Title:
General; Section to HUD's Fiscal Year 2021 Notice of Funding Availability for Discretionary
Programs (General Section)
13.Competition Identification Number:
N/A
Title:
N/A
14.Areas Affected by Project(Cities,Counties,States,etc.):
Add Attachment Delete Attachment View Attachment
*15.Descriptive Title of Applicant's Project:
Community Development Block Grant Program and Administrative Activities - Countywide
Attach supporting documents as specified in agency instructions.
Add Attachments Delete Attachments View Attachments
i6 7 -
Application for Federal Assistance SF-424
16.Congressional Districts Of:
*a.Applicant 14, 25 *b.Program/Project 14, 25
Attach an additional list of Program/Project Congressional Districts if needed.
Add Attachment Delete Attachment View Attachment
17.Proposed Project:
*a.Start Date: 10/01/2021 *b.End Date: 09/30/2022
18.Estimated Funding($):
*a.Federal 2,744,274.00
*b.Applicant
*c.State
*d.Local
*e.Other
*f. Program Income 20,000.00
*g.TOTAL 2,764,274.00
*19.Is Application Subject to Review By State Under Executive Order 12372 Process?
a.This application was made available to the State under the Executive Order 12372 Process for review on
b. Program is subject to E.O. 12372 but has not been selected by the State for review.
Z c. Program is not covered by E.O. 12372.
*20.Is the Applicant Delinquent On Any Federal Debt? (If"Yes,"provide explanation in attachment.)
fYes ®No
If"Yes",provide explanation and attach
Add Attachment Delete Attachment View Attachment
21.*By signing this application, I certify (1)to the statements contained in the list of certifications**and (2)that the statements
herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to
comply with any resulting terms if I accept an award.I am aware that any false,fictitious,or fraudulent statements or claims may
subject me to criminal,civil,or administrative penalties.(U.S.Code,Title 218,Section 1001)
**I AGREE
**The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency
specific instructions.
Authorized Representative:
Prefix: Ms. *First Name: Penny
Middle Name:
*Last Name: Taylor
Suffix:
*Title: chairperson
*Telephone Number: 239-252-8603 Fax Number:
*Email: Penny.Taylor6Co 11i r,.l�ountyFL.Gay
*Signature of Authorized Uepresentative: *Date Signed: MAXIM
ATTEST Approved as to form and legalit
CRYSTAL K.HIE" CLE ��
f 6 El 7
OMB Number:4040-0004
Expiration Date:12/31/2022
Application for Federal Assistance SF-424
*1.Type of Submission: *2.Type of Application: *If Revision,select appropriate letter(s):
Preapplication ®New
®Application El Continuation "Other(Specify):
Changed/Corrected Application El Revision
*3.Date Received: 4.Applicant Identifier:
05/07/2021 E-21-UC-12-0016
5a.Federal Entity Identifier: 5b.Federal Award Identifier:
U.S. Department of HUD ESG - Entitlement
State Use Only:
6.Date Received by State: 7.State Application Identifier:
8.APPLICANT INFORMATION:
*a.Legal Name: Collier County Board of County Commissioners
*b.Employer/Taxpayer Identification Number(EIN/TIN): *c.Organizational DUNS:
59-6000558 0769977900000
d.Address:
*Streetl: 3339 Tamiami Trail East
Street2: Public Services Division Suite 211
*City: Naples
County/Parish: Collier
*State: FL: Florida
Province:
*Country: USA: UNITED STATES
*Zip/Postal Code: 34112-5361
e.Organizational Unit:
Department Name: Division Name:
Public Services Community and Human Services
f.Name and contact information of person to be contacted on matters involving this application:
Prefix: Ms. *First Name: Kristi
Middle Name:
*Last Name: Sonntag
Suffix:
Title: Director, Community and Human Services
Organizational Affiliation:
*Telephone Number: 239-252-2486 Fax Number: 239-252-2638
*Email: kristi.sonntag@colliercountyfl.gov
l607
Application for Federal Assistance SF-424
*9.Type of Applicant 1:Select Applicant Type:
B: County Government
Type of Applicant 2:Select Applicant Type:
Type of Applicant 3:Select Applicant Type:
*Other(specify):
*10.Name of Federal Agency:
U.S. Department of Housing and Urban Development
11.Catalog of Federal Domestic Assistance Number:
14-231
CFDA Title:
Entitlement Grant - Emergency Solutions Grants
*12.Funding Opportunity Number:
FR-6200-N-01
*Title:
General; Section to HUD Fiscal Year 2021 Notice of Funding Availability for Discretionary
Programs (General Section)
13.Competition Identification Number:
N/A
Title:
N/A
14.Areas Affected by Project(Cities,Counties,States,etc.):
Add Attachment Delete Attachment View Attachment
*15.Descriptive Title of Applicant's Project:
Emergency Solutions Grants and Administrative Activities - Countywide
Attach supporting documents as specified in agency instructions.
Add Attachments Delete Attachments View Attachments
I6D7
Application for Federal Assistance SF-424
16.Congressional Districts Of:
*a.Applicant 14, 25 *b.Program/Project 14, 25
Attach an additional list of Program/Project Congressional Districts if needed.
Add Attachment Delete Attachment View Attachment
17.Proposed Project:
*a.Start Date: 10/01/2021 *b.End Date: 09/30/2022
18.Estimated Funding($):
*a.Federal 217,796.00
*b.Applicant
*c.State
*d.Local
*e.Other
*f. Program Income
*g.TOTAL 217,796.00
*19.Is Application Subject to Review By State Under Executive Order 12372 Process?
• a.This application was made available to the State under the Executive Order 12372 Process for review on
❑ b.Program is subject to E.O.12372 but has not been selected by the State for review.
® c.Program is not covered by E.O.12372.
*20.Is the Applicant Delinquent On Any Federal Debt? (If"Yes,"provide explanation in attachment.)
Yes ®No
If"Yes",provide explanation and attach
Add Attachment Delete Attachment View Attachment
21.*By signing this application,I certify(1)to the statements contained in the list of certifications**and (2)that the statements
herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to
comply with any resulting terms if I accept an award.I am aware that any false,fictitious,or fraudulent statements or claims may
subject me to criminal,civil,or administrative penalties.(U.S.Code,Title 218,Section 1001)
• **I AGREE
**The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency
specific instructions.
Authorized Representative:
Prefix: Ms. *First Name: Penny
Middle Name:
*Last Name: Taylor
Suffix:
*Title: Chairperson
*Telephone Number: 239-252-8603 Fax Number:
*Email: penny.Taylor@CollierCountyFL.Gov
*Signature of Authorized Representative: *Date rq"--7-4
pproved as to form arid legality
ATTEST
CRYSTAL K.KINZEL,CLERK 1>
� l
BY: Ass t County Attorn �\
I607
OMB Approval No.0348-0042
ASSURANCES -CONSTRUCTION PROGRAMS
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0042),Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET.
SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional
assurances. If such is the case,you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance, 8. Will comply with the Intergovernmental Personnel Act
and the institutional, managerial and financial capability of 1970(42 U.S.C.§§4728-4763)relating to prescribed
(including funds sufficient to pay the non-Federal share standards for merit systems for programs funded
of project costs) to ensure proper planning, under one of the 19 statutes or regulations specified in
management and completion of the project described in Appendix A of OPM's Standards for a Merit System of
this application. Personnel Administration(5 C.F.R.900, Subpart F).
2. Will give the awarding agency,the Comptroller General 9. Will comply with the Lead-Based Paint Poisoning
of the United States and, if appropriate, the State, Prevention Act (42 U.S.C. §§4801 et seq.) which
through any authorized representative, access to and prohibits the use of lead-based paint in construction or
the right to examine all records, books, papers, or rehabilitation of residence structures.
documents related to the assistance; and will establish
a proper accounting system in accordance with 10. Will comply with all Federal statutes relating to non-
generally accepted accounting standards or agency discrimination. These include but are not limited to: (a)
directives. Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
which prohibits discrimination on the basis of race,
3. Will not dispose of, modify the use of, or change the color or national origin; (b) Title IX of the Education
terms of the real property title, or other interest in the Amendments of 1972, as amended (20 U.S.C. §§1681-
site and facilities without permission and instructions 1683, and 1685-1686), which prohibits discrimination
from the awarding agency. Will record the Federal on the basis of sex; (c) Section 504 of the
interest in the title of real property in accordance with Rehabilitation Act of 1973, as amended (29 U.S.C.
awarding agency directives and will include a covenant §794), which prohibits discrimination on the basis of
in the title of real property aquired in whole or in part handicaps; (d) the Age Discrimination Act of 1975, as
with Federal assistance funds to assure non- amended (42 U.S.C. §§6101-6107), which prohibits
discrimination during the useful life of the project. discrimination on the basis of age; (e)the Drug Abuse
Office and Treatment Act of 1972 (P.L. 92-255), as
4. Will comply with the requirements of the assistance amended, relating to nondiscrimination on the basis of
awarding agency with regard to the drafting, review and drug abuse; (f) the Comprehensive Alcohol Abuse and
approval of construction plans and specifications. Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to
5, Will provide and maintain competent and adequate nondiscrimination on the basis of alcohol abuse or
engineering supervision at the construction site to alcoholism; (g) §§523 and 527 of the Public Health
ensure that the complete work conforms with the Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-
approved plans and specifications and will furnish 3), as amended, relating to confidentiality of alcohol
progress reports and such other information as may be and drug abuse patient records; (h) Title VIII of the
required by the assistance awarding agency or State. Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale,
6. Will initiate and complete the work within the applicable rental or financing of housing; (i) any other
time frame after receipt of approval of the awarding nondiscrimination provisions in the specific statute(s)
agency. under which application for Federal assistance is being
made; and, (j) the requirements of any other
7. Will establish safeguards to prohibit employees from nondiscrimination statute(s) which may apply to the
using their positions for a purpose that constitutes or application.
presents the appearance of personal or organizational
conflict of interest,or personal gain.
Standard Form 424D(Rev.7-97)
Previous Edition Usable Authorized for Local Reproduction Prescribed by OMB Circular A-102
i607
11. Will comply, or has already complied, with the National Environmental Policy Act of 1969 (P.L. 91-
requirements of Titles II and III of the Uniform Relocation 190) and Executive Order (EO) 11514; (b) notification
Assistance and Real Property Acquisition Policies Act of of violating facilities pursuant to EO 11738; (c)
1970 (P.L. 91-646) which provide for fair and equitable protection of wetlands pursuant to EO 11990; (d)
treatment of persons displaced or whose property is evaluation of flood hazards in floodplains in accordance
acquired as a result of Federal and federally-assisted with EO 11988; (e) assurance of project consistency
programs. These requirements apply to all interests in real with the approved State management program
property acquired for project purposes regardless of developed under the Coastal Zone Management Act of
Federal participation in purchases. 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of
Federal actions to State (Clean Air) Implementation
12. Will comply with the provisions of the Hatch Act (5 U.S.C. Plans under Section 176(c) of the Clean Air Act of
§§1501-1508 and 7324-7328) which limit the political 1955, as amended (42 U.S.C. §§7401 et seq.); (g)
activities of employees whose principal employment protection of underground sources of drinking water
activities are funded in whole or in part with Federal funds. under the Safe Drinking Water Act of 1974, as
amended (P.L. 93-523); and, (h) protection of
13. Will comply, as applicable,with the provisions of the Davis- endangered species under the Endangered Species Act
Bacon Act(40 U.S.C. §§276a to 276a-7), the Copeland Act of 1973, as amended (P.L.93-205).
(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract
Work Hours and Safety Standards Act (40 U.S.C. §§327- 16. Will comply with the Wild and Scenic Rivers Act of
333) regarding labor standards for federally-assisted 1968 (16 U.S.C. §§1271 et seq.) related to protecting
construction subagreements. components or potential components of the national
wild and scenic rivers system.
14. Will comply with flood insurance purchase requirements of
Section 102(a)of the Flood Disaster Protection Act of 1973 17. Will assist the awarding agency in assuring compliance
(P.L. 93-234) which requires recipients in a special flood with Section 106 of the National Historic Preservation
hazard area to participate in the program and to purchase Act of 1966, as amended (16 U.S.C. §470), EO 11593
flood insurance if the total cost of insurable construction (identification and protection of historic properties), and
and acquisition is$10,000 or more. the Archaeological and Historic Preservation Act of
1974(16 U.S.C.§§469a-1 et seq.).
15. Will comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of 18. Will cause to be performed the required financial and
environmental quality control measures under the compliance audits in accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No. A-133,
"Audits of States, Local Governments, and Non-Profit
Organizations."
19. Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations,and policies
governing this program.
SIGNATU E OF AUTHORIZED CERTIFYING OFFICIAL TITLE
Chairperson
APPLICANT ORGA IZATION DATE SUBMITTED
Collier County Board of County Commissioners (HOME) 07:2 ar--)
Approved as to form and legality 24D(Rev.7-97)Back
ATTEST
CRYSTAL K.KINZEL,CLERK � 1`
BY: As nt County Attorney 116\
V 0
OMB Number:4040-0004
Expiration Date:12/31/2022
Application for Federal Assistance SF-424
*1.Type of Submission: *2.Type of Application: "If Revision,select appropriate letter(s):
Preapplication ®New
®Application El Continuation *Other(Specify):
Changed/Corrected Application Revision
*3.Date Received: 4.Applicant Identifier:
05/07/2021 M-21-UC-12-0217
5a.Federal Entity Identifier: 5b.Federal Award Identifier:
U.S. Department of HUD HOME - Entitlement
State Use Only:
6.Date Received by State: 7.State Application Identifier:
8.APPLICANT INFORMATION:
*a.Legal Name: Collier County Board of County Commissioners
*b.Employer/Taxpayer Identification Number(EIN/TIN): *c.Organizational DUNS:
59-6000558 0769977900000
d.Address:
*Streetl: 3339 Tamiami Trail East
Streetl: Public Services Division Suite 211
*City: Naples
County/Parish: Collier
*State: FL: Florida
Province:
*Country: USA: UNITED STATES
*Zip/Postal Code: 34112-5361
e.Organizational Unit:
Department Name: Division Name:
Public Services Community and Human Services
f.Name and contact information of person to be contacted on matters involving this application:
Prefix: Ms. *First Name: Kristi
Middle Name:
*Last Name: Sonntag
Suffix:
Title: Director, Community and Human Services
Organizational Affiliation:
*Telephone Number: /239-252-2486 Fax Number: 239-252-2638
*Email: kristi.sonntag@colliercountyfl.gov
lbD7 '
Application for Federal Assistance SF-424
*9.Type of Applicant 1:Select Applicant Type:
B: County Government
Type of Applicant 2:Select Applicant Type:
Type of Applicant 3:Select Applicant Type:
*Other(specify):
*10.Name of Federal Agency:
U.S. Department of Housing and Urban Development
11.Catalog of Federal Domestic Assistance Number:
14-239
CFDA Title:
Entitlement Grant - HOME Investment Partnerships
*12.Funding Opportunity Number:
FR-6200-N-01
*Title:
General; Section to HUD's Fiscal Year 2021 Notice of Funding Availability for Discretionary
Programs (General Section)
13.Competition Identification Number:
N/A
Title:
N/A
14.Areas Affected by Project(Cities,Counties,States,etc.):
Add Attachment Delete Attachment View Attachment
*15.Descriptive Title of Applicant's Project:
HOME Investment Partnerships and Administrative Activities - Countywide
Attach supporting documents as specified in agency instructions.
Add Attachments Delete Attachments View Attachments
l607
Application for Federal Assistance SF-424
16.Congressional Districts Of:
*a.Applicant 14, 25 *b.Program/Project 14, 25
Attach an additional list of Program/Project Congressional Districts if needed.
Add Attachment Delete Attachment View Attachment
17.Proposed Project:
*a.Start Date: 10/01/2021 *b.End Date: 09/30/2022
18.Estimated Funding($):
*a.Federal 753,000.00
*b.Applicant
*c.State
*d.Local
*e.Other ( 1
*f. Program Income 31,571.00
*g.TOTAL 784,571.00
*19.Is Application Subject to Review By State Under Executive Order 12372 Process?
• a.This application was made available to the State under the Executive Order 12372 Process for review on •
❑ b.Program is subject to E.O.12372 but has not been selected by the State for review.
® c.Program is not covered by E.O.12372.
*20.Is the Applicant Delinquent On Any Federal Debt? (If"Yes,"provide explanation in attachment.)
Yes ®No
If"Yes",provide explanation and attach
Add Attachment Delete Attachment View Attachment
21.*By signing this application,I certify(1)to the statements contained in the list of certifications**and(2)that the statements
herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to
comply with any resulting terms if I accept an award.I am aware that any false,fictitious,or fraudulent statements or claims may
subject me to criminal,civil,or administrative penalties.(U.S.Code,Title 218,Section 1001)
® **I AGREE
**The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency
specific instructions.
Authorized Representative:
Prefix: Ms. *First Name: Penny
Middle Name:
*Last Name: Taylor
Suffix:
*Title: Chairperson
*Telephone Number: 239-252-8603 Fax Number:
*Email: penny.Taylor@GollierCountyFL.Gov
*Signature of Authorized Representative. *Date Signed:4 ,
roved as to Pnrmand legality
,\T EST
CRYSTAL K.KINZEL,CLERK -%`'�,•�
BY: Assistant County Att 41`
star►abur. Y.
1617
CERTIFICATIONS
In accordance with the applicable statutes and the regulations governing the consolidated plan regulations,
the jurisdiction certifies that:
Affirmatively Further Fair Housing--The jurisdiction will affirmatively further fair housing.
Uniform Relocation Act and Anti-displacement and Relocation Plan--It will comply with the
acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970,as amended,(42 U.S.C.4601-4655)and implementing regulations at 49
CFR Part 24. It has in effect and is following a residential anti-displacement and relocation assistance
plan required under 24 CFR Part 42 in connection with any activity assisted with funding under the
Community Development Block Grant or HOME programs.
Anti-Lobbying--To the best of the jurisdiction's knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid,by or on behalf of it,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;
2. 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, it will complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying,"in accordance with its instructions;and
3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in
the award documents for all subawards at all tiers(including subcontracts,subgrants, and contracts under
grants,loans, and cooperative agreements)and that all subrecipients shall certify and disclose
accordingly.
Authority of Jurisdiction--The consolidated plan is authorized under State and local law(as applicable)
and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding,
in accordance with applicable HUD regulations.
Consistency with plan--The housing activities to be undertaken with Community Development Block
Grant,HOME,Emergency Solutions Grant,and Housing Opportunities for Persons With AIDS funds are
consistent with the strategic plan in the jurisdiction's consolidated plan.
Section 3--It will comply with section 3 of the Housing and Urban Development Act of 1968(12 U.S.C.
1701 and implementing regulations at 24 CFR Part 135.
� I�I ATTEST $`
Signature f uthori Official Da CRYSTAI;II .'l ZEL,CLERK-
I3Y: (1 ' 4
Chairperson S
esata.0 1 .
Title Approved as to fo andlegs it '
A nt County ey .>•\
V 1)
Specific Community Development Block Grant Certifications
The Entitlement Community certifies that:
Citizen Participation--It is in full compliance and following a detailed citizen participation plan that
satisfies the requirements of 24 CFR 91.105.
Community Development Plan--Its consolidated plan identifies community development and housing
needs and specifies both short-term and long-term community development objectives that that have been
developed in accordance with the primary objective of the CDBG program(i.e.,the development of
viable urban communities,by providing decent housing and expanding economic opportunities,primarily
for persons of low and moderate income)and requirements of 24 CFR Parts 91 and 570.
Following a Plan--It is following a current consolidated plan that has been approved by HUD.
Use of Funds--It has complied with the following criteria:
1.Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG
funds,it has developed its Action Plan so as to give maximum feasible priority to activities which
benefit low-and moderate-income families or aid in the prevention or elimination of slums or
blight. The Action Plan may also include CDBG-assisted activities which the grantee certifies are
designed to meet other community development needs having particular urgency because existing
conditions pose a serious and immediate threat to the health or welfare of the community,and
other financial resources are not available(see Optional CDBG Certification).
2. Overall Benefit. The aggregate use of CDBG funds,including Section 108 guaranteed loans,
during program year(s)2021 [a period specified by the grantee of
one,two,or three specific consecutive program years],shall principally benefit persons of low
and moderate income in a manner that ensures that at least 70 percent of the amount is expended
for activities that benefit such persons during the designated period.
3. Special Assessments. It will not attempt to recover any capital costs of public improvements
assisted with CDBG funds,including Section 108 loan guaranteed funds,by assessing any amount
against properties owned and occupied by persons of low and moderate income,including any fee
charged or assessment made as a condition of obtaining access to such public improvements.
However,if CDBG funds are used to pay the proportion of a fee or assessment that relates to the
capital costs of public improvements(assisted in part with CDBG funds)financed from other
revenue sources,an assessment or charge may be made against the property with respect to the
public improvements financed by a source other than CDBG funds.
In addition,in the case of properties owned and occupied by moderate-income(not low-income)
families,an assessment or charge may be made against the property for public improvements
financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds
to cover the assessment.
Excessive Force--It has adopted and is enforcing:
1. A policy prohibiting the use of excessive force by law enforcement agencies within its
jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and
2. A policy of enforcing applicable State and local laws against physically barring entrance to or
exit from a facility or location which is the subject of such non-violent civil rights demonstrations
within its jurisdiction.
;
i6Q7
Compliance with Anti-discrimination laws--The grant will be conducted and administered in
conformity with title VI of the Civil Rights Act of 1964(42 U.S.C. 2000d)and the Fair Housing Act(42
U.S.C. 3601-3619) and implementing regulations.
Lead-Based Paint--Its activities concerning lead-based paint will comply with the requirements of 24
CFR Part 35, Subparts A,B,J,K and R.
Compliance with Laws--It will comply with applicable laws.
Cr,[9.)-1 a_l
Signature of Aut ized Off 'al 41 Date
Chairman
Title
ATTEST Approved as to form and legality
CRYiSTAL,K.KINZEL,CLERK
BYi., ,QG
Assistant County 1Cy
r� a i 5 t4 t13i1T111T1'S a\ti
`tigt tore. niy. a
e
I 6 E 7r
Specific HOME Certifications
The HOME participating jurisdiction certifies that:
Tenant Based Rental Assistance--If it plans to provide tenant-based rental assistance,the tenant-based
rental assistance is an essential element of its consolidated plan.
Eligible Activities and Costs--It is using and will use HOME funds for eligible activities and costs,as
described in 24 CFR§§92.205 through 92.209 and that it is not using and will not use HOME funds for
prohibited activities,as described in§92.214.
Subsidy layering--Before committing any funds to a project, it will evaluate the project in accordance
with the guidelines that it adopts for this purpose and will not invest any more HOME funds in
combination with other Federal assistance than is necessary to provide affordable housing;
&faai A
Signature of horized icial Date
Chairman
Title
Approved as to form and legality
ATTEST
CRYSTAL K.KINZEL,CLERK
BY' 2.. _ Assis nt County Attom . 3?
t*., o Cfra an's S\
- ignattdr Illy,
.4•1)' ' ,
l6 7
Emergency Solutions Grants Certifications
The Emergency Solutions Grants Program recipient certifies that:
Major rehabilitation/conversion/renovation—If an emergency shelter's rehabilitation costs exceed 75
percent of the value of the building before rehabilitation,the recipient will maintain the building as a
shelter for homeless individuals and families for a minimum of 10 years after the date the building is first
occupied by a homeless individual or family after the completed rehabilitation.
If the cost to convert a building into an emergency shelter exceeds 75 percent of the value of the building
after conversion,the recipient will maintain the building as a shelter for homeless individuals and families
for a minimum of 10 years after the date the building is first occupied by a homeless individual or family
after the completed conversion.
In all other cases where ESG funds are used for renovation,the recipient will maintain the building as a
shelter for homeless individuals and families for a minimum of 3 years after the date the building is first
occupied by a homeless individual or family after the completed renovation.
Essential Services and Operating Costs—In the case of assistance involving shelter operations or
essential services related to street outreach or emergency shelter,the recipient will provide services or
shelter to homeless individuals and families for the period during which the ESG assistance is provided,
without regard to a particular site or structure, so long the recipient serves the same type of persons(e.g.,
families with children, unaccompanied youth, disabled individuals, or victims of domestic violence)or
persons in the same geographic area.
Renovation—Any renovation carried out with ESG assistance shall be sufficient to ensure that the
building involved is safe and sanitary.
Supportive Services—The recipient will assist homeless individuals in obtaining permanent housing,
appropriate supportive services(including medical and mental health treatment,victim services,
counseling,supervision,and other services essential for achieving independent living), and other Federal
State, local,and private assistance available for these individuals.
Matching Funds—The recipient will obtain matching amounts required under 24 CFR 576.201.
Confidentiality—The recipient has established and is implementing procedures to ensure the
confidentiality of records pertaining to any individual provided family violence prevention or treatment
services under any project assisted under the ESG program, including protection against the release of the
address or location of any family violence shelter project, except with the written authorization of the
person responsible for the operation of that shelter.
Homeless Persons Involvement—To the maximum extent practicable,the recipient will involve,
through employment,volunteer services,or otherwise,homeless individuals and families in constructing,
renovating,maintaining,and operating facilities assisted under the ESG program, in providing services
assisted under the ESG program, and in providing services for occupants of facilities assisted under the
program.
Consolidated Plan—All activities the recipient undertakes with assistance under ESG are consistent with
its consolidated plan.
i fl 7
Discharge Policy—The recipient will establish and implement,to the maximum extent practicable and
where appropriate, policies and protocols for the discharge of persons from publicly funded institutions or
systems of care(such as health care facilities,mental health facilities,foster care or other youth facilities,
or correction programs and institutions) in order to prevent this discharge from immediately resulting in
homelessness for these persons.
___442_21
SignAzed(NileDate
Chairman
Title
ATTEST Approved as to form and icgali1
CRYSTAL K.KINZEL,CLERK
BY Assistant County Akrncv ,,�J►/
t as 0' cav 0,\
11
signature g4 5\
16 ® 7
APPENDIX TO CERTIFICATIONS
INSTRUCTIONS CONCERNING LOBBYING CERTIFICATION:
Lobbying Certification
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352,title 31,U.S.Code.Any person who fails to file the required
certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for
each such failure.
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FAIN# B-21-UC-12-0016 _
Federal Award Date EST. 10/2021
Federal Award Agency HUD
CFDA Name Community
Development Block
Grant
CFDA/CSFA# 14.218
Total Amount of Federal $183,676
Funds Awarded
Subrecipient Name City of Naples
DUNS# 084130293
FEIN 59-6000382
R&D NA
Indirect Cost Rate NA
Period of Performance 10/1/2021 —04/30/2023
Fiscal Year End 09/30 _
Monitor End: 04/30/2028
AGREEMENT BETWEEN COLLIER COUNTY
AND
CITY OF NAPLES
CDBG Grant Program-- Construction
THIS AGREEMENT is made and entered into this :1,it- day of „y. 20A, by and between Collier
County, a political subdivision of the State of Florida, (COUNTY)`having its principal address at 3339 E
Tamiami Trail, Naples FL 34112, and City of Naples (SUBRECIPIENT), a governmental organization
having its principal office at 735 8th Street South Naples,FL 34102-1401 .
WHEREAS, the COUNTY has entered into an Agreement with the United States Department of
Housing and Urban Development(HUD)for a grant for the execution and implementation of a Community
Development Block Grant(CDBG) Program in certain areas of Collier County, pursuant to Title I of the
Housing and Community Development Act of 1974 (as amended); and
WHEREAS,the Board of County Commissioners of Collier County(Board)approved the Collier
County Consolidated Plan — One-year Action Plan for Federal Fiscal Year 2021-2022 for the CDBG
Program with Resolution 2021- on June 22,2021 —Agenda Item ; and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans,the COUNTY advertised the 2021-2022 Annual
Action Plan, on May 1, 2021, with a 30-day Citizen Comment period from May 1, 2021 to June 1, 2021;
and
WHEREAS,the SUBRECIPIENT has submitted a proposal for participation in the Collier County
CDBG program; and
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WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in undertaking the CDBG project—(CD21-02)City of Naples .
NOW,THEREFORE, in consideration of the mutual benefits contained herein,it is agreed by the
Parties as follows:
PART I
SCOPE OF WORK
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required
as a condition of providing CDBG assistance as provided herein and, as determined by Collier County
Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as
follows:
Project Name: City of Naples Street Lighting
Description of project and outcome: To provide safe and secure lighting for it's residents,the City
of Naples is updating it's street lighting in the Riverside location.
Project Component One: Purchase and install street lighting with updated wiring for increased
safety along public sidewalks in Riverside
The property will be deed restricted for five(5)years commencing on the date of initially meeting
one of the National Objectives, in accordance with 24 CFR 570.505,if applicable.
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty(60)calendar days of the execution of this Agreement, the SUBRECIPIENT
must deliver, to CHS for approval, a detailed project schedule for the completion of the
project excluding Public Service projects.
B. The following resolutions and policies must be submitted within sixty (60) days of this
Agreement:
• Affirmative Fair Housing Policy
• Affirmative Action/Equal Opportunity Policy
Conflict of Interest Policy
• Procurement Policy
• Uniform Relocation Act Policy
• Sexual Harassment Policy
• Section 3 Policy
Section 504/ADA Policy
• Fraud, Waste, and Abuse Policy
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• Language Assistance and Planning Policy(LAP)
• Violence Against Women Act(VAWA)Policy
• LGBTQ Policy
C. Environmental Review Requirement (ERR) - No program costs can be incurred until an
environmental review of the proposed project is completed and approved. Further, the
SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance
of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the
denial of any reimbursement of funds under this Agreement.
D. Annual Subrecipient Training—
SUBRECIPIENTS with Open Agreement(s) with COUNTY: 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, in writing, at least 14 days,prior to the training.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Description Federal Amount
Project Component 1: Purchase and install street lighting with updated wiring for $183,676
increased safety along public sidewalks in Riverside
Total Federal Funds: $183,676
The SUBRECIPIENT will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
❑ Maintain beneficiary income certification documentation,and provide to the COUNTY as
requested
• Maintain and provide National Objective Documentation
• Provide Quarterly Reports on National Objective and project progress
Ensure attendance by a representative from executive management at scheduled
partnership meetings, as requested by CHS
• Ensure attendance by SUBRECIPIENT and General Contractor at Pre-Construction
meetings,prior to SUBBRECIPIENT issuance of Notice to Proceed(NTP)
Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation
• Identify Lead Project Manager
▪ Provide Site Design and Specifications
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Comply with Davis-Bacon Labor Standards
® Comply with Section 3 and maintain documentation
Provide certified payroll weekly throughout construction and rehabilitation
Comply with Uniform Relocation Act(URA),if necessary
❑ Ensure applicable numbers of units are Section 504/ADA accessible
® Ensure the applicable continued use period for the project is met
B. National Objective
The CDBG program funds awarded to Collier County must benefit low-moderate income persons
(LMI). As such, the SUBRECIPIENT shall ensure that all activities and beneficiaries meet the
definition of:
® LMA—Low/Mod Area Benefit
❑ LMC—Low/Mod Clientele Benefit
❑ LMH—Low/Mod Housing Benefit
❑ LMJ—Low/Mod Job Benefit
LMA: Must document where at least 51 percent of the residents are LMI persons, based
on HUD determined eligible census tracts. Failure to achieve the national objective under this
Agreement will require repayment of the CDBG investment under this Agreement.
LMC: Must document that at least 51 percent of persons served, are low- to moderate-
income persons or households, in order to meet a CDBG National Objective.Failure to achieve the
national objective under this Agreement will require repayment of the CDBG investment under this
Agreement.
LMH: Must document providing or improving permanent residential structures, which
upon completion will be occupied by LMI households. Structures with three or more units must
contain at least 51 percent occupied by LMI households, and structures with less than three units
must be occupied by 100 percent LMI households.Failure to achieve the national objective under
this Agreement will require repayment of the CDBG investment under this Agreement.
LMJ: Must document job creation and retention. The LMI benefit national objective
addresses activities designed to create or retain permanent jobs, at least 51 percent of which
(computed on a full-time equivalent basis) will be made available to or held by LMI persons.
Failure to achieve the national objective under this Agreement will require repayment of the CDBG
investment under this Agreement.
C. Performance Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Special Grant Condition Policies Policies as stated in this Within sixty(60)days of
(Section 1.1) Agreement Agreement execution
Insurance Insurance Certificate Within 30 days of Agreement
execution and Annually within
thirty(30) days of renewal
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Detailed Project Schedule Project Schedule Within sixty(60)days of
Agreement execution
Project Plans and Specifications Site Plans and Specifications Prior to procurement
Subcontractor Log Subcontractor Log Initially at construction start,
and quarterly thereafter
Progress Report Exhibit C Quarterly reports. Annually after
closeout.
Section 3 Report Quarterly report of new hire Quarterly;within 10 days
information following the end of the quarter.
Annually after closeout.
Davis-Bacon Act Certified Weekly Certified Payroll Weekly within 7 days following
Payroll reports,forms, and supporting issuance of payroll checks
documentation
Annual Audit Monitoring Exhibit E Annually,within 60 days after
Report then end of the FY end
Financial and Compliance Audit Audit,Management Letter, and Annually: nine(9)months after
Supporting Documentation FY end for Single Audit OR one
hundred eighty(180)days after
FY end
Continued Use Certification Continued Use Affidavit, if Annually;for five(5)years after
applicable meeting the National Objective
Capital Needs Assessment Plan Plan approved by the COUNTY Initial Plan due after completion
of construction.Annually
through the period of continued
use
Program Income Reuse Plan Plan Approved by the COUNTY N/A
D. Payment Deliverables
Payment Deliverable Payment Supporting Documentation Submission Schedule
Project Component 1: Purchase Submission of supporting documents Submission of
and install street lighting with must be provided as backup, as evidenced monthly invoices due
updated wiring for increased by invoices,receipts, completed AIA by the 10th of the
safety along public sidewalks in G702-1992 form or equivalent document month for prior month
Riverside per contractor's Schedule of Values, services/activities.
check stubs,bank statements,copy of
permits, and any other additional
documentation as requested. 10%
retainage will be held until monitoring
clearance.
Final 10 percent of award amount will be paid upon completion of final monitoring clearance and
documentation of meeting the National Objective.Failure by the SUBRECIPIENT to achieve the National
Objective will require repayment of the CDBG investment under this Agreement.
1.3 PERIOD OF PERFORMANCE
SUBRECIPIENT services shall begin on Octoberl, 2021 and shall end on April 30, 2023.
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The County Manager or designee may extend the term of this Agreement for a period of up to 180
days after the end of the Agreement.Extensions must be authorized,in writing, by formal letter to
the SUBRECIPIENT.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available ONE HUNDRED EIGHTY THREE THOUSAND SIX
HUNDRED SEVENTY SIX ($183,676) for use by the SUBRECIPIENT, during the term of the
Agreement(hereinafter, shall be referred to as the"Funds").
Modification to the"Budget and Scope"may only be made if approved in advance.Budgeted fund
shifts among line items shall not be more than 10 percent of the total funding amount and shall not
signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only
be made with Board of County Commissioners(Board)approval.
The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible
costs;and all disbursement requests must be limited to the amount needed at the time of the request.
SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred
during the term of this Agreement. Invoices for work performed are required every month. If no
work has been performed during that month,or if SUBRECIPIENT is not yet prepared to send the
required backup,a$0 invoice is required.Explanations may be required if two consecutive months
of$0 invoices are submitted.Payments shall be made to the SUBRECIPIENT,when requested, as
work progresses but not more frequently than once per month. Reimbursement will not occur if
SUBRECIPIENT fails to perform the minimum level of service required by this Agreement.
Final invoices are due no later than 90 days after the end of the Agreement.Work performed during
the term of the program but not invoiced within 90 days after the end of the Agreement may not be
processed without written authorization from the Grant Coordinator.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requirements, including timely submission of Performance
Deliverables contained in Section 1.2.C. Late submission of deliverables may cause payment
suspension of any open pay requests until the required deliverables are received by CHS. Except
where disputed for noncompliance, payment will be made upon receipt of a properly completed
invoice, and in compliance with §218.70, Florida Statutes, otherwise known as the "Local
Government Prompt Payment Act."
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1.5 COST PRINCIPLES
Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost
allowability, found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section
(Section 1.5-Cost Principles)of the 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 may only incur direct costs that may be attributed
specifically to the project(s)referenced above,as defined in 2 CFR 200.413. The SUBRECIPIENT
must provide adequate documentation for validating costs incurred. Payments to
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
Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles.A Developer is
not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart E and may
impose requirements upon the Developer, to remain compliant with COUNTY's obligation to
follow 2 CFR Subpart E. The Developer will use adequate internal controls and maintain necessary
source documentation for all costs incurred and adhere to any other accounting requirements
included in this Agreement.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice
delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and
other written communications under this Agreement shall be addressed to the individuals in the
capacities indicated below,unless otherwise modified by subsequent written notice.
COLLIER COUNTY ATTENTION: Rachel Hansen, Grant Coordinator
Collier County Government
Community and Human Services Division
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: rachel.hansenc colliercountyfl.gov
Telephone: (239)252-6141
SUBRECIPIENT ATTENTION: Felix Gomez, Bids and Grants Coordinator
City of Naples
735 8`h Street South
Naples, Florida 34102
Email: fgomez@naplesgov.com
Telephone: (239)213-7101
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PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
At any time during normal business hours and as often as the COUNTY(and/or its representatives)
may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit all
records,documentation, and any other data relating to all matters covered by the Agreement.
SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its
receipt of the report. SUBRECIPIENT's failure to comply with the above audit requirements will
constitute a violation of this Agreement and may result in the withholding of future payments.
SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with
current COUNTY policy concerning Subrecipient audits 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
The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to
determine compliance with the requirements of this Agreement,the CDBG Program,and all other
applicable laws and regulations. This documentation shall include but is not limited to, the
following:
A. All records required by CDBG regulations.
B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily
would be required by the COUNTY in order to perform the service.
C. 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
procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this
Agreement. Materials identified in the previous sentence shall be in accordance with
generally accepted accounting principles (GAAP), procedures, and practices, which
sufficiently and properly reflect all revenues and expenditures of funds provided directly
or indirectly by this Agreement, 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.
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D. Upon completion of all work contemplated under this Agreement, copies of all documents
and records relating to this Agreement shall be surrendered to CHS, if requested. In any
event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a
readily accessible, permanent, and secured location for three (3) years after the date of
submission of 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, or audit
findings involving these records are resolved. If a SUBRECIPIENT ceases to exist after
the closeout of this Agreement,the COUNTY shall be informed, in writing, of the address
where the records are to be kept,as outlined in 2 CFR 200.337. The SUBRECIPIENT shall
meet all requirements for retaining public records and transfer, at no cost to COUNTY, all
public records in possession of the SUBRECIPIENT upon termination of the Agreement
and destroy any duplicate exempt or confidential public records that are exempt from
public records disclosure requirements. All records stored electronically must be provided
to the COUNTY in a format that is compatible with the COUNTY'S information
technology systems.
IF SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832,
Michael.Cox(a,colliercountyfl.gov, 3299 Tamiami Trail E, Naples
FL 34112.
E. SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Act of
1931, including files containing contractor payrolls, employee interviews, Davis-Bacon
wage rates,and administrative cross-referencing. SUBRECIPIENT shall maintain records
showing contractor compliance with the Contract Work Hours and Work Safety Law.
Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal
purchasing requirements and other federal requirements for grant implementation.
F. SUBRECIPIENT will be responsible for the creation and maintenance of income eligible
files on clients served, and documentation that all households are eligible under HUD
Income Guidelines. SUBRECIPIENT agrees that CHS shall be the final arbiter on the
SUBRECIPIENT's compliance.
G. SUBRECIPIENT shall document how compliance with the National Objective(s), as
defined in 24 CFR 570.208, and the eligibility requirement(s) under which funding has
been received were accomlished.This includes special requirements,such as necessary and
appropriate determinations as defined in 24 CFR 570.208,income certification,and written
agreements with beneficiaries,where applicable.
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H. SUBRECIPIENT shall provide the public with access to public records on the same terms
and conditions that the COUNTY would provide the records, and at a cost that does not
exceed the cost provided in Chapter 119,Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that 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 D)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 eighty (180) days for
Subrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The
COUNTY will conduct an annual financial and programmatic review.
SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop
review of the activities may be conducted in lieu of an on-site visit. The continuation of this
Agreement is dependent upon satisfactory evaluations. Upon request by CHS, the
SUBRECIPIENT shall submit information and status reports required by CHS or HUD, to enable
CHS to evaluate said progress and allow for completion of required reports. 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 SUBRECIPIENT'S performance in an attempt to mitigate fraud,waste,
abuse, or non-performance, based on goals and performance standards as stated with all other
applicable laws, regulations, and policies governing the funds provided under this Agreement,
further defined by 2 CFR 200.332.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 necessary
to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this
Agreement, and to provide for the proper and effective management of all Program and Fiscal
activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and
•
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other significant events shall be clearly documented, and the documentation shall be readily
available for monitoring by COUNTY.
SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees,
and agents for the purpose of monitoring or investigating the performance of the Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate,and prevent
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 to any
appropriate law enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this Agreement.Penalties may be imposed for failure to implement or to make
acceptable progress on such corrective action plans.
To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy
to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds
from CHS. The escalation policy for noncompliance is as follows:
1. Initial noncompliance may result in COUNTY issuing Findings or Concerns to the
SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action
plan to CHS within 15 days following issuance of the report.
• Any pay requests that have been submitted to CHS for payment will be held
until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to
SUBRECIPIENT, as needed, in order to correct the noncompliance issue.
2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely
manner, the COUNTY may require a portion of the awarded grant funds be
returned to the COUNTY.
• CHS may require upwards of 5 percent of the award amount be returned to the
COUNTY, at the discretion of the Board.
• The SUBRECIPIENT may be denied future consideration, as set forth in
Resolution No. 2013-228.
3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously
corrected, and has been informed by CHS of their substantial noncompliance by
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certified mail, CHS may require a portion of the awarded grant amount or the
amount of the CDBG investment for acquisition of the properties conveyed,to be
returned to the COUNTY.
• CHS may require upwards of 10 percent of the award amount to be returned
to the COUNTY, at the discretion of the Board.
• The SUBRECIPIENT will be considered in violation of Resolution No.2013-
228.
4. If after repeated notification, SUBRECIPIENT continues to be substantially
noncompliant, CHS may recommend the Agreement or award be terminated.
• CHS will make a recommendation to the Board to immediately terminate the
Agreement. SUBRECIPIENT will be required to repay all funds disbursed by
CHS for the terminated project. This includes the amount invested by the
COUNTY for the initial acquisition of properties or other activities.
• SUBRECIPIENT will be considered in violation of Resolution No. 2013-228.
If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be
noncompliant, the above sanctions may be imposed across all awards at the Board's
discretion.
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this Agreement,and on the resolution of monitoring findings identified pursuant to this
Agreement, as deemed necessary by the County Manager or designee.
During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the
COUNTY on the 10th day of January, April,July, and October, respectively, for the prior quarter
period end. As part of the report submitted in October, the SUBRECIPIENT agrees to include a
comprehensive final report covering the agreed-upon Program objectives, activities, and
expenditures including but not limited to, performance data on client feedback with respect to the
goals and objectives set forth in Exhibit C,which contains an example reporting form to be used in
fulfillment of this requirement. Other reporting requirements may be required by the County
Manager or designee if the Program changes,the need for additional information or documentation
arises, and/or legislative amendments are enacted. Reports and/or requested documentation not
received by the due date shall be considered delinquent and may be cause for default and
termination of this Agreement.
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY,which consent, if given at all, shall be at the COUNTY's sole discretion and judgment.
3.2 GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants), including subpart K of these regulations, except that(1)
SUBRECIPIENT does not assume the COUNTY's environmental responsibilities described in 24
CFR 570.604; (2) SUBRECIPIENT does not assume the COUNTY's responsibility for initiating
the review process under the provisions of 24 CFR Part 52; (3) SUBRECIPIENT is required to
follow the federal procurement process; and (4) for Developers, revenue generated is not
considered program income.The CDBG program was funded through the Housing and Community
Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable
laws, regulations, and policies governing the funds provided under this Agreement. The
SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement
rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating
or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT
shall always remain an"independent contractor"with respect to the services to be performed under
this Agreement. The COUNTY shall be exempt from payment of all Unemployment
Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation
Insurance, as the SUBRECIPIENT is independent from the COUNTY.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a
duly authorized representative of each organization,and approved by the 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 for other reasons. If such
amendments result in a change in the funding,the scope of services,or schedule of the activities to
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be undertaken as part of this Agreement, such modifications will be incorporated only by written
amendment, signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from HUD CDBG grant funds and must be
implemented in full compliance with all of HUD's rules and regulations and any agreement
between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event
of curtailment or non-production of said federal funds,or the reduction of funds awarded by HUD
to the COUNTY, to a level determined by the County Manager to be insufficient to adequately
administer the project, the financial resources necessary to continue to pay the SUBRECIPIENT
all or any portion of the funds will not be available. In either event,the COUNTY may terminate
this Agreement,which shall be effective as of the date that it is determined by the County Manager
or designee, in his/her sole discretion and judgment, that the funds are no longer available. In the
event of such termination,the SUBRECIPIENT agrees that it will not look to,nor seek to hold the
COUNTY, nor any individual member of the County Commissioners and/or County
Administration, personally liable for the performance of this Agreement, and the COUNTY shall
be released from any further liability to SUBRECIPIENT under the terms of this Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law,the SUBRECIPIENT shall indemnify and hold
harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act or omission, including
but not limited to reasonable attorneys'and paralegals'fees,to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents,
officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any
persons acting under the direction, control, or supervision of the SUBRECIPIENT in the
performance of this Agreement. This indemnification obligation shall not be construed to negate,
abridge,or reduce any other rights or remedies,which otherwise may be available to an indemnified
party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses
of any nature whatsoever in connection therewith and shall defend all suits in the name of the
COUNTY and shall pay all costs(including attorney's fees)and judgments which may issue there-
on. This Indemnification shall survive the termination and/or expiration of this Agreement. This
section does not pertain to any incident arising from the sole negligence of COUNTY. The
foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits
set forth in Section 768.28,Florida Statutes.This section shall survive the expiration of termination
of this Agreement.
3.7 GRANTEE RECOGNITION/SPONSORSHIPS
SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements,
descriptions of program sponsorships,research reports,and similar public notices,whether printed
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or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the
Program shall include the statement:
"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY
COMMUNITY AND HUMAN SERVICES DIVISION"
and shall appear in the same size letters or type as the name of SUBRECIPIENT. This design
concept is intended to disseminate key information to the general public regarding the development
team, as well as Equal Housing Opportunity. Construction signs shall comply with applicable
COUNTY codes.
3.8 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 for such
termination,the effective date,and in the case of partial terminations,the portion to be terminated.
However,in the case of a partial termination,if the COUNTY determines that the remaining portion
of the award will not accomplish the purpose for which the award was made, the COUNTY may
terminate the award in its entirety.This Agreement may also be terminated by the COUNTY,if the
award no longer effectuates the program goals or grantor agency priorities.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement, in compliance with 2 CFR 200,Appendix II(A):
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 the SUBRECIPIENT relating to the project.
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In the event of any default by SUBRECIPIENT under this Agreement,the COUNTY may seek any
combination of one or more of the following remedies, in compliance with 2 CFR 200, Appendix
II(B):
A. Require specific performance of the Agreement, in whole or in part.
B. Require the use of, or change in,professional property management.
C. Require SUBRECIPIENT to immediately repay to the COUNTY all CDBG funds received
under this Agreement.
D. Apply sanctions, if COUNTY determines them 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.
3.9 SUSPENSION AND DEBARMENT
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 an Federal Department or agency; and, that the SUBRECIPIENT 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.
3.10 REVERSION OF ASSETS
In the event of a termination of this Agreement and in addition to any and all other remedies
available to the COUNTY (whether under this Agreement, or at law, or in equity), the
SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of
termination(or expiration)and any accounts receivable attributable to the use of CDBG funds,per
24 CFR 570.503(b)(7).
The COUNTY's receipt of any funds on hand at the time of termination shall not waive the
COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the
funds or property, as the COUNTY may deem necessary. Regulations regarding real property are
subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7).
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3.11 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until
all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said
insurance shall be carried continuously during SUBRECIPIENT's performance under the
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, Cost Principles and Audit
Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the
Community Development Block Grant(24 CFR 570 et seq.).
3.13 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through
200.327)and Collier County's Procurement Ordinance#2017-08,as amended. Current purchasing
thresholds are:
Range: Competition Required
$0-$50,000 3 Written Quotes
$50,001+ Formal Solicitation(ITB, RFP, etc.)
In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall
provide a preference for the purchase,acquisition,or use of goods,products,or materials produced
in the United States.
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 200.323.
All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT
employees, or put out to competitive bidding, under a procedure acceptable to COUNTY and
Federal requirements. The SUBRECIPIENT shall enter into contracts for improvements with the
lowest, responsible, and qualified bidder. In accordance with 2 CFR 200.323, 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 200.323.Contract administration shall be conducted by the SUBRECIPIENT and monitored
by CHS,which shall have access to all records and documents related to the Project.
3.14 PROGRAM GENERATED INCOME
No Program Income is anticipated.However, if Program Income is derived from the use of CDBG
funds disbursed under this Agreement, such Program Income shall be utilized by the
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SUBRECIPIENT for CDBG-eligible activities approved by COUNTY. Any Program Income (as
such term is defined under applicable Federal regulations) gained from any activity of the
SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual
Program Income Re-use Plan, utilized by the SUBRECIPIENT accordingly, and shall be in
compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When
Program Income is generated by an activity that is only partially assisted by CDBG funds,
the income shall be prorated to reflect the percentage of CDBG funds used. If there is a
Program Income balance at the end of the Program Year, such balance shall revert to the
COUNTY's Community Block Grant Program,for further reallocation.
Public Facilities and Improvements: Public facilities that are acquired, constructed,
rehabilitated, or otherwise improved with CDBG funds are subject to this requirement. This
includes parks, libraries, community centers, and any other facility whose primary purpose is a
public one.For these facilities,Program Income is the income generated by the use of the facility,
less the operating costs associated with generating the income. The COUNTY considers utilities,
property insurance, and facility maintenance to be operating costs that should be subtracted from
revenue to determine net program income. For each funded project, the SUBRECIPIENT must
submit to the COUNTY for approval, a list of proposed costs incidental to the generation of the
program income.
Additionally, real property under the SUBRECIPIENT'S control that was acquired or improved,
in whole or in part,with CDBG funds shall be used to meet one of the CDBG National Objectives,
pursuant to 24 CFR 570.208, during the continued use period as referenced in section 3.14 (Grant
Closeout Procedures) of this Agreement. If the SUBRECIPIENT sells, transfers, disposes of, or
otherwise fails to continue to use the CDBG-assisted real property in a manner that meets a CDBG
National Objective,the SUBRECIPIENT shall pay the COUNTY an amount equal to a percentage
of the current fair market value of the property, after subtracting disposal costs. The basis for such
percentage shall be the percentage of the appraised value attributable to CDBG and non-CDBG
funds expended for the original acquisition of, or improvement to,the property under the terms of
this Agreement. Such payment shall constitute program income to the COUNTY.
3.15 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 five (5)
year continued use period has been met (for public services, "after the expiration of the
Agreement"). The continued use period shall commence with the later of the SUBRECIPIENT
meeting the National Objective or the recording of lien and/or deed restriction documentation.
Activities during this closeout period shall include, but are not limited to making final payments;
disposing of program assets (including the return of all unused materials, equipment, program
income balances, and receivable accounts to the COUNTY); and determining the custodianship of
records.In addition to the records retention outlined in Part 2.2,the SUBRECIPIENT shall comply
with Section 119.021,Florida Statutes,regarding records maintenance,preservation,and retention.
A conflict between state and federal records retention law requirements will result in the more
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stringent law being applied,such that the record must be held for the longer duration.Any balance
of unobligated funds that have been advanced or paid must be returned to the COUNTY.Any funds
paid exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this
Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and
information complying with Section 215.97, Florida Single Audit Act. Closeout procedures must
take place in accordance with 2 CFR 200.344.
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, to the greatest extent feasible, eligible
business concerns located in or owned in substantial part by persons residing in the project areas
shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with
Section 3 of the Housing and Community Development Act of 1968.
3.17 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 that is 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 women's business enterprises,
in lieu of an independent investigation.
3.18 PROGRAM BENEFICIARIES
If the Agreement is meeting a National Objective through an LMI strategy, at least 51 percent of
the beneficiaries of a project funded through this Agreement must be low- and moderate- income
persons, or presumed to be low- to moderate- income persons based on applicable regulation.
Determination of income eligibility is based on the annual income of the family or household.This
Agreement conforms to the defmition of Annual Income, per 24 CFR 570.3(1)(i), where Annual
income is defined under the Section 8 Housing Assistance Payments. Details for calculating the
Annual Income are contained in 24 CFR 5.609, with practical instructions contained in HUD
Handbook 4350.3, Chapter 5.
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If the project is located in an entitlement city as defined by HUD, or serves beneficiaries
countywide,more than 30 percent of the beneficiaries directly assisted under this Agreement must
reside in unincorporated Collier County or in municipalities participating in the COUNTY's Urban
County Qualification Program. The project shall assist beneficiaries as defined above for the time
period designated in Exhibit C of this Agreement.
3.19 AFFIRMATIVE ACTION
The SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program
pursuant to the COUNTY's specifications,in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966. The SUBRECIPIENT shall submit a plan for an
Affirmative Action Program for approval prior to the award of funds. The Affirmative Action
Program will need to be updated throughout the continued use period and must be submitted to the
COUNTY within 60 days of any update/modification.
3.20 CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ, who presently exercises any
functions or responsibilities in connection with the Project, has any personal financial interest,
direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner
or degree with the performance of this Agreement,and that no person having any conflict of interest
shall be employed by or subcontracted by SUBRECIPIENT. The SUBRECIPIENT covenants that
it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest," 2 CFR 200.318, and
the State and County statutes,regulations,ordinances,or resolutions governing conflicts of interest.
The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person,or an entity
owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified, and the costs are reasonable.Approval
of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not
intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees.
Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its
contractors shall be disclosed to CHS in writing, provided however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low- and moderate-
income residents of the project target area.
3.21 BYRD ANTI-LOBBYING AMENDMENT
Each tier certifies that the tier above it will not, and has not, used Federally appropriated funds to
pay any person or organization for influencing or attempting to influence the award of Federal
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funds, as covered by 31 USC 1352, as more fully described in Section 4.47 of this Agreement.
Contractors who apply or bid for an award of$100,000 or more shall file the required certification.
3.22 RELIGIOUS ORGANIZATIONS
CDBG funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment based on
religion,and will not limit employment or give preference in employment to persons based
on religion.
B. It will not discriminate against any person applying for public services based on religion,
and will not limit such services or give preference to persons based on religion.
C. It will retain its independence from Federal, State, and Local governments and may
continue to carry out its mission, including the definition, practice, and expression of its
religious beliefs, provided it does not use direct CDBG funds to support any inherently
religious activities, such as worship,religious instruction, or proselytizing.
D. The funds shall not be used for the acquisition,construction,or rehabilitation of structures
to the extent that those structures are used for inherently religious activities. Where a
structure is used for both eligible and inherently religious activities, CDBG funds may not
exceed the cost of those portions of the acquisition, construction, or rehabilitation that are
attributable to eligible activities, in accordance with the cost accounting requirements
applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG
funded religious congregation uses as its principal place of worship,however,are ineligible
for CDBG funded improvements.
3.23 INCIDENT REPORTING
If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any
subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect,
or exploitation of a child, aged person, or disabled person.
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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3.25 MISCELLANEOUS
The SUBRECIPIENT and the COUNTY each binds itself, its partners, successors, legal
representatives, and assigns of such other party in respect to all covenants of this Agreement.
The SUBRECIPIENT represents and warrants that the financial data,reports,and other information
on the Project it furnished to the COUNTY are accurate and complete, and financial disclosures
fairly represent the financial position of the SUBRECIPIENT.
The SUBRECIPIENT certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this
Agreement. The SUBRECIPIENT also certifies that the undersigned person has the authority to
legally execute and bind the SUBRECIPIENT to the terms of this Agrement.
The Grant Documents shall be construed in accordance with and governed by the laws of the State
of Florida,without giving effect to its provisions regarding choice of laws.
All activities authorized by this Agreement shall be subject to and performed in accordance with
the provisions of the terms and conditions of the Agreement between the COUNTY, the
Regulations, all applicable federal, state,and municipal laws, ordinances, regulations, orders, and
guidelines, including but not limited to any applicable regulations issued by the DIVISION.
Electronic Signatures. This Agreement,and related documents entered into in connection with this
Agreement are signed when a parry's signature is delivered by facsimile, e-mail, or any other
electronic medium. These signatures must be treated in all respects as having the same force and
effect as original signatures.
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title24/24efr570 main_02.tpl
4.2 24 CFR 58- The regulations prescribing the Environmental Review procedure.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=1 acdb92f3b05c3f285dd76c26d 14f54e&mc=true&node=pt24.1.58&rgn=div5
4.3 Section 104(b)and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended
https://www.hud.gov/program offices/commplanning/communitydevelopment/rulesandregs/law
s/sec5309
4.4 The Fair Housing Act(42 U.S.C. 3601-20)Reasonable Accommodations Under the Fair Housing
Act. https://www.hud.gov/sites/documents/DOC_7771.PDF
https://www justice.gov/crt/fair-housing-act-1
Executive Order 11063 —Equal Opportunity in Housing https://www.archives.gov/federal-
register/codification/executive-order/11063.htm l
Executive Order 11259- Leadership& Coordination of Fair Housing in Federal Programs
https://www.archives.gov/federal-register/codification/executive-order/12259.html
24 CFR Part 107 -Non-Discrimination and Equal Opportunity in Housing under E.O.
https://www.law.cornell.edu/cfr/text/24/part-107
4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as
amended https://www.hud.gov/programdescription/title6
4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
https://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vo13/pdf/CFR-2007-title24-vol3-sec570-
602.pdf
4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations. EO 11246:
https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended
EO 11375 and 12086: see item#8 below
4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972,42 USC §2000e,et.seq.The SUBRECIPIENT will,in all solicitations or advertisements for
employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or
Affirmative Action employer.
https://www.hud.gov/programdescription/title6
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4.9 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD
Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all
applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a
condition of the Federal financial assistance provided under this Agreement and binding upon the
COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through which Federal
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
The SUBRECIPIENT further agrees to comply with these"Section 3"requirements and to include
the following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a program providing
direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires
that,to the greatest extent feasible, opportunities for training and employment be given to low-and
very low-income residents of the project area, and that contracts for work in connection with the
project be awarded to business concerns that provide economic opportunities for low- and very
low-income persons residing in the metropolitan area in which the project is located."
The SUBRECIPIENT further agrees to ensure that opportunities for training and employment
arising in connection with a housing rehabilitation (including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project are given to low-
and very low-income persons residing within the metropolitan area in which the CDBG-funded
project is located; where feasible, priority should be given to low- and very low-income persons
within the service area of the project or the neighborhood in which the project is located, and to
low- and very low- income participants in other HUD programs; and award contracts for work
undertaken in connection with a housing rehabilitation(including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project to business
concerns that provide economic opportunities for low- and very low-income persons residing
within the metropolitan area in which the CDBG-funded project is located;where feasible, priority
should be given to business concerns that provide economic opportunities to low- and very low-
income residents within the service area or the neighborhood in which the project is located,and to
low- and very low-income participants in other HUD programs.
https://www.hud.gov/sites/documents/DOC 12047.PDF
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr 13 5_main_02.tp l
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4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107 and 12086.
Age Discrimination Act of 1975
https://www.law.cornell.edu/uscode/text/42/chapter-76
11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.htm
11375: Amended by EO 11478
11478: https://www.archives.gov/federal-register/codification/executive-order/11478.htm1
12107: https://www.archives.gov/federal-register/codification/executive-order/12107.html
12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html
4.11 Contract Work Hours and Safety Standards Act,40 USC 327-332.
https://www.dol.gov/whd/regs/statutes/safe01.pdf
4.12 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b) (5), 24 CFR 570.614 Subpart K.
Section 504: https://www.epa.gov/ocr
29 USC 776: https://law.onecle.com/uscode/29/776.htm1
24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudap
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
https://www.fhwa.dot.gov/real estate/uniform act/index.cfm
4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all
construction contracts funded by CDBG.
Davis-Bacon Act: 42 USC 276a to 40 USC 276a:
https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40-section276a-
7&num=0&edition=1999
29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in
whole or in part,by Loans or Grants from the United States
https://www.law.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)
https://www.law.cornell.edu/cfr/text/29/part-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally
assisted projects. https://www.presidency.ucsb.edu/ws/indexphp?pid=23675
4.16 As a supplement to the Davis-Bacon Act requirements,the SUBRECIPIENT agrees to comply with
the "Copeland Anti-Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or
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subcontractors from inducing an employee to relinquish any part of his/her compensation, under
the federally-funded contract.
18 U.S.C. 874 https://www.govinfo.gov/content/pkg/USCODE-2010-title18/pdf/USCODE-2010-
title 18.pdf
40 U.S.C. 276c https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40-
section276c&num=0&edition=1999
4.17 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 - which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise.
https://www.archives.gov/federal-register/cod ification/executive-order/11625.htm l
4.18 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as
revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of
the Housing and Community Development Act(HCDA)are still applicable.
24 CFR 570.607:
https://www.ecfr.gov/cgi-bin/text-
idx?SID=9eae3 f8eaa991 f0411 f3 83b74003 bcb 1&mc=true&node=pt24.3.570&rgn=div5#se24.3.5
70 1607
E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm
4.19 Public Law 100-430-the Fair Housing Amendments Act of 1988.
https://www.ncbi.nlm.nih.gov/pubmed/12289709
4.20 2 CFR 200 et seq-Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title02/2efr200 main 02.tpl
4.21 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;2)extend or renew a contract to procure or obtain;3)enter into
a contract(or extend or renew a contract)to procure or obtain equipments, services,or systems that
use(s) covered telecommunications equipment or services as a substantial component of any
system, or as critical technology as part of any system.
4.22 Immigration Reform and Control Act of 1986
https://www.eeoc.govieeoc/history/35th/thelaw/irca.html
4.23 Prohibition of Gifts to COUNTY Employees -No organization or individual shall offer or give,
either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any
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COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311.
Florida Statutes-
https://www.lawserver.com/law/state/florida/statutes/florida_statutes_chapter 112_part_iii
Collier County-
http://www.colliergov.net/home/showdocument?id=35137
4.24 Order of Precedence-In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except that the terms of any Supplemental Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
4.25 Venue-Any suit of action brought by either party to this Agreement against the other party, relating
to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in
Collier County,FL which courts have sole jurisdiction on all such matters. (No reference required
for this item).
4.26 Dispute Resolution-Prior to the initiation of any action or proceeding permitted by this Agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation, and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes.The litigation arising out of this Agreement shall be adjudicated in Collier County,Florida,
if in state court; and the US District Court, Middle District of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
https://www.flsenate.gov/Laws/Statutes/2012/44.102
4.27 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE-
2010-title42/html/U SCODE-2010-tit1e42-chap85.htm
https://www.law.cornell.edu/us code/text/42/chapter-85
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.govinfo.gov/content/pkg/USCODE-2011-tit1e33/pdf/USCODE-2011-tit1e33-
chap26.pdf
https://www.law.cornell.edu/uscode/text/33/chapter-26
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4.28 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 570.605 Subpart K),the SUBRECIPIENT shall assure that for activities located in an
area identified by FEMA as having special flood hazards,flood insurance under the National Flood
Insurance Program is obtained and maintained.If appropriate, a letter of map amendment(LOMA)
may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said
flood insurance.
https://www.law.corneftedu/cfr/text/24/570.605
4.29 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this Agreement shall be subject to the HUD Lead-Based Paint Poisoning
Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo.gov/fdsys/granule/CFR-
2000-title24-vo13/CFR-2000-title24-vo13-sec570-608-id 163
4.30 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800,Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this Agreement.
https://www.nps.gov/history/local-law/nhpa1966.htm
https://www.achp.gov/sites/default/files/regulations/2017-02/regs-rev04.pdf
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.
https://www.nps.gov/histoty/local-law/nhpa1966.htrn
4.31 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with
the Drug-Free Workplace Act of 1988 (41 USC 701).
https://www.gpo.gov/fdsys/granule/USCODE-2009-title4l/USCODE-2009-title41-chap 10-
sec701
4.32 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 the SUBRECIPIENT shall not knowingly
enter into any lower tier contract, or other covered transaction, with a person who is similarly
debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609,
Subpart K.
https://www.archives.gov/federal-register/codification/executive-order/12549.htm l
4.33 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable
and agrees to adhere to the accounting principles and procedures required therein, utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred. These
requirements are enumerated in 2 CFR 200, et seq.
4.34 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be
submitted to the COUNTY nine(9)months after the end of the SUBRECIPIENT's fiscal year. The
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SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty(180)days after the end of the SUBRECIPIENT'S
fiscal year.Per 2 CFR 200.345, 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=5a78addefff9a535e83 fed3010308aef&mc=true&node=se2.1.200_1344&rgn=div8
4.35 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101,shall be subject
to the provisions of CDBG including, but not limited to, the provisions on use and disposition of
property. Any real property within SUBRECIPIENT control, which is acquired or improved, in
whole or part, with CDBG funds in excess of$25,000, must adhere to the CDBG Regulations at
24 CFR 570.505.
https://www.gpo.gov/fdsys/granule/CFR-1999-title49-vol 1/CFR-1999-title49-vol l-sec24-101
https://www.govinfo.gov/app/details/CFR-2012-tit1e24-vo13/CFR-2012-tit1e24-vo13-sec570-505
4.36 As provided in§287.133,Florida Statutes,by entering into this Agreement or performing any work
in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.
This notice is required by § 287.133 (3)(a),Florida Statutes.
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search String=&UR
L=0200-0299/02 87/Sections/02 87.13 3.htm 1
4.37 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress,in connection with the awarding of any Federal contract,the making of any Federal grant,
the making of any Federal loan,the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions. The undersigned shall require that the language of
this certification be included in the award documents for all sub-awards at all tiers (including
subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
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4.38 Travel reimbursement will be based on the U.S. General Services Administration(GSA)per diem
rates in effect at the time of travel.
https://vvww.gsa.gov/portal/content/104877
4.39 Equal access in accordance with the individual's gender identity in community planning and
development programs,per 24 CFR 5.106.
https://www.govregs.com/regulations/expand/title24jart5_subpartA section5.106
4.40 Housing Counseling,including homeownership counseling or rental housing counseling,as defined
in §5.100,required under or provided in connection with any program administered by HUD shall
be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214
to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=e339ece9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6
https://www.law.cornell.edu/cfr/textl24/5.111
4.41 HUD Final Rule—Implementation of the Violence Against Women Reauthorization Act of 2013
which applies for all victims of domestic violence, dating violence, sexual assault, and stalking,
regardless of sex, gender identity,or sexual orientation, and which must be applied consistent
with all nondiscrimination and fair housing requirements.
https://www.federalregister.gov/documents/2016/11/16/2016-25 888/violence-against-women-
reauthorization-act-of-2013-implementation-in-hud-housing-programs
4.42 Any rule or regulation determined to be applicable by HUD.
4.43 Florida Statute 448.095 Employment Eligibility. Per Florida Statute 448.095(3),all Florida private
employers are required to verify employment eligibility for all new hires beginning January 1,
2021. Eligibility determination is not required for continuing employees hired prior to January 1,
2021.
http://www.leg.state.fl.us/statutes/index.cfmn?App mode=Display Statute&URL=0400-
0499/0448/0448.html
4.44 Florida Statutes 713.20, Part 1, Construction Liens
https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display Statute&URL=0700-
0799/0713/0713.html
4.45 Florida Statutes 119.021 Records Retention
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.021.html
4.46 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/0119.071.html
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4.47 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.
4.48 Equal Treatment of Faith-Based Organizations: By regulation, HUD prohibits all recipient
organizations from using financial assistance from HUD 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 HUD funds while taking
into account religion when hiring staff. Questions in this regard should be directed to the Office
for Civil Rights.
4.49 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.
4.50 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.
4.51 False Claim;Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any
credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other
person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery,
gratuity, or similar misconduct involving subaward agreement funds
4.52 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
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utilized in support of any partisan political activities or activities for or against the election of a
candidate for an elected office.
4.53 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD 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 HUD and to establish
workplace safety policies and conduct education,awareness,and other outreach to decrease crashes
caused by distracted drivers.
4.54 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://oip.gov/funding/Explore/ProhibitedConduct-Trafficking.htm.
4.55 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.
4.56 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment, or performance of experimental,
developmental,or research work under this funding agreement,the SUBRECIPIENT must comply
with the requirements of 37 CFR Part 401,"Rights of Inventions Made by Nonprofit Organizations
and Small Busines Firms Under Government Grants,Contracts,and Cooperative Agreements,"and
any implementing regulations issued by HUD.
https://www.ecfr.gov/cgi-
bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de761 dc64c0&mc=true&n=pt3 7.1.401&r
=PART&ty=HTML
(Signature Page to Follow)
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IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY,have each respectively, by an
authorized person or agent,hereunder set their hands and seals on the date first written above.
ATTEST: - ' BOARD OF COUNTY COMMISSIONERS OF
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY,FLORIDA
g' / unatti,
,.,a st Chad !-lip Clerk PENNY TAYL , CHA ERSON
1ipture only,
Date: CO k Z 2 1 4 V
CITY OF NAPLES
Dated: i Lq uk . -393 l
(SEAL)
B
TERESA IEITMANN, YOR
I--I
Date: l 212°Z.1
Approved as to form and legality: Appr o form and legality
_i N
(� Cam _
Jennifer A elpedio t
'L NA► c4 imp a i
Assistant County Attorney 17'\�1\ City Atto ey
S
(� Z 2 \a
Date: Date:
Attest✓-)
Patricia E, Rambosk, City tC erk
Date: 7374 r .
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607
PART V
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County,do Community and Human Services Division,3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Commercial General Liability, including products and completed operations insurance, in the
amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement, in an amount not less than$1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1 —3 above,a Certificate of Insurance must be provided as follows:
4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out of the
services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this Agreement. This insurance shall be maintained for a period of two (2)years
after the certificate of Occupancy is issued.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its
Subcontractors to provide, original certificates indicating the following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an"All Risk"basis, in an amount not less than one
hundred(100%)percent of the insurable value of the building(s) or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4001),
the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal
Emergency Management Agency(FEMA) as having special flood hazards, flood insurance under
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the National Flood Insurance Program is obtained and maintained, as a condition of financial
assistance for acquisition or construction purposes(including rehabilitation).
OPERATION/MANAGEMENT PHASE(IF APPLICABLE)
After the Construction Phase is completed and occupancy begins,the following insurance must be kept in
force throughout the duration of the loan and/or Agreement:
7. Workers' Compensation as required by Chapter 440,Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
10. Property Insurance coverage on an"All Risk"basis,in an amount not less than one hundred(100%)
of the replacement cost of the property.Collier County must be shown as a Loss payee,with respect
to this coverage A.T.I.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full
replacement values of the structure(s) or the maximum amount of coverage available through the
National Flood Insurance Program(NFIP). The policy must show Collier County as a Loss Payee
A.T.I.M.A.
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EXHIBIT B
COLLIER COUNTY COMMUNITY&HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SUBRECIPIENT Name: City of Naples
SUBRECIPIENT Address: 735 8th Street South Naples, Florida 34102
Project Name: Riverside—Street Lighting Project
Project No: CD21-02_ Payment Request#
Total Payment Minus Retainage
Period of Availability: _through
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
Subrecipient CHS Approved
1. Grant Amount Awarded $ $
2. Total Amount of Previous Requests $ $
3.Amount of Today's Request(Net of Retainage, if $ $
applicable)
4. Current Grant Balance (Initial Grant Amount Award $ $
request)(includes Retainage)
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 Division Director(Approval Required
above) $15,000 and above)
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EXHIBIT C
QUARTERLY PERFORMANCE REPORT DATA
The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement
and Information System(IDIS). The COUNTY reports information on a quarterly basis. To facilitate in the
preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten(10)
days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to
enter the information collected on this exhibit into an online grant management system.
Subrecipient Name: City of Naples Date:
Project Title: Riverside Street Lighting Project IDIS#:
Program Contact: Felix Gomez Telephone Number: 239-213-7101
Activity Reporting Period Report Due Date
October 1st—December 31st January 10th
January 1st—March 31st April 10th
April 1st—June 30th July 10th
July 1st—September 30th October 10th
REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period):
12/31/21 3/31/22 6/30/22 9/30/22
Please note: The HUD Program year begins October 1,2021—September 30,2022.Each quarterly report must include
cumulative data beginning from the start of the program year October 1,2021.
1. Please list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement and indicate your
progress in meeting those goals since October 1,2021.
a. Outcome Goals: list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement
Outcome 1: Install 20 street lights,including upgraded wiring
Outcome 2: Meet the National Objective
Outcome 3:
b. Goal Progress: Indicate the progress to date in meeting each outcome goal.
Outcome 1: Meet the National Objective
Outcome 2:
Outcome 3:
2. Is this project still in compliance with the original project schedule: Yes ❑ No ❑
If No,Explain:
3. Since October 1,2021;of the persons assisted,how many...
Answer ONLY for Public Facilities&Infrastructure Activities *03 Matrix Codes
a. ...now have new access(continuing)to this service or benefit? 0
b. ...now have improved access to this service or benefit? 0
c. ...now receive a service or benefit that is no longer substandard? 0
Total 0
4. What funding sources did the SUBRECIPIENT apply for this period?
Section 108 Loan Guarantee $ CDBG $
Other Consolidated Plan Funds $ HOME $
Other Federal Funds $ ESG $
$ HOPWA $
$ Total Entitlement $
Funds
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5. What is the total number of UNDUPLICATED Persons(LMC)or Households(LMH)served this QUARTER,if
applicable? Answer question 5a or 5b;NOT both
For LMC activities: people,race/ethnicity,and income data are reported by persons.
For LMH activities: households,race/ethnicity,and income level are reported by households,regardless
the number of persons in the household.
a. Total No.Persons/Adults served(LMC) 0 Total No.persons served under 18 0
(LMC)
Quarter Total No.of Persons 0 Quarter Total No.of Persons 0
b. Total No.of Households served 0 Total No.of female head of household 0
(LMH)
6. What is the total number of UNDUPLICATED clients served since October,if applicable?
Answer question 6a or 6b,NOT both
For LMC activities:race/ethnicity and income data are reported by persons.
a. Total No.Persons/Adults served(LMC) 0 Total No.Persons served under 18 0
(LMC)
YTD Total: 0 YTD Total 0
b. Total No.Households served(LMH) 0 Total No.female head of household(LMH) 0
YTD Total 0 YTD Total 0
Complete EITHER question 7 or 8,NOT both
Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed
Benefit categories.
7. PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY
(LMC)Quarter (LMC)YTD
Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED
served this quarter who fall into each presumed benefit persons served since October 1 who fall into each
category(the total should equal the total in question#6a presumed benefit category(the total should equal the
or 6b): total in question#6a or 6b):
a Presumed Benefit Activities Only(LMC)QTR b Presumed Benefit Activities Only(LMC)YTD
0 Abused Children ELI 0 Abused Children ELI
0 Homeless ELI 0 Homeless Person ELI
Person
0 Migrant Farm LI 0 Migrant Farm Workers LI
Workers
0 Battered LI 0 Battered Spouses LI
Spouses
0 Persons LI 0 Persons w/HIV/AIDS LI
w/HIV/AIDS
0 Elderly Persons LI or MOD 0 Elderly Persons LI or
MOD
0 Illiterate Adults LI 0 Illiterate Adults LI
0 Severely LI 0 Severely Disabled Adults LI
Disabled Adults
0 Quarter Total 0 YTD Total
8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category.
Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range
Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED
served this Quarter who fall into each income category persons served since October 1 (YTD)who fall into
(the total should equal the total in question#6): each income category(the total should equal the total
in question#6):
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a ELI Extremely Low Income(0-30%) 0 b ELI Extremely Low 0
Income(0-30%)
LI Low Income(31-50%) 0 LI Low Income 0
MOD Moderate Income(51-80%) 0 MOD Moderate Income 0
(51-80%)
NON-L/M Above Moderate Income(>80%) 0 NON-L/M Above Moderate 0
Income(>80%)
Quarter Total 0 YTD Total 0
9. Is this project in a Low/Mod Area(LMA)? YES NO
Was project completed this quarter? YES NO Ifyes, complete all of this section 9.
Date project completed
Block Group Census Tract Total Beneficiaries Low/Mod Low/Mod Percentage
Beneficiaries
0 0 0 0 0
Date LMA Narrative approved by CHS?
What documentation supports project completion? (i.e.,
Certificate of Completion or Certificate of Occupancy,
etc.)
10. Racial&Ethnic Data(if applicable)
Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients
clients served this Quarter fall into each race served since October(YTD)fall into each race category.In
category.In addition to each race category,please addition to each race category please indicate how many
indicate how many persons in each race category persons in each race category consider themselves
consider themselves Hispanic. (Total Race column Hispanic. (Total Race column should equal the total in
should equal the total in question 6.) question 6.)
a. RACE ETHNICITY b. RACE ETHNICITY
/HISPANIC /HISPANIC
White 0 0 White 0 0
Black/African American 0 0 Black/African American 0 0
Asian 0 0 Asian 0 0
American Indian/Alaska Native 0 0 American Indian/Alaska 0 0
Native
Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific 0 0
Islander
Black/African American&White 0 0 Black/African American& 0 0
White
American Indian/Alaska Native& 0 0 American Indian/Alaska 0 0
Black/African American Native&Black/African
American
Other Multi-racial 0 0 Other Multi-racial 0 0
0 0 0 0
Name:
Signature:
Title:
Your typed name here represents your electronic signature
CITY OF NAPLES
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EXHIBIT D
INCOME CERTIFICATION
INSTRUCTIONS
Complete this form and retain appropriate supporting documentation proving CDBG assistance
to an eligible beneficiary. Please retain in your organization's records and have on hand for
future monitoring visits.
Effective Date:
A. Household Information
Member Names—All Household Members Relationship Age
1
2
3
4
5
6
7
8
B. Assets: All Household Members,Including Minors
Member Asset Description Cash Value Income
from Assets
1
2
3
4
5
6
7
8 0.00
Total Cash Value of Assets B(a) 0.00
Total Income from Assets B(b) 0.00
If line B(a) is greater than$5,000,multiply that amount by the rate specified
by HUD(applicable rate 0 .06%)and enter results in B(c),otherwise leave
blank. B(c)
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C. Anticipated Annual Income: Includes Unearned Income and Support Paid on
Behalf of Minors
Member Wages/ Benefits/ Public Other Asset
Salaries Pensions Assistance Income Income
(include tips,
commissions, (Enter the
bonuses,and greater of
overtime) box B(b) or
1 box B(c),
2 above, in
3 box C(e)
4 below)
5
6
7
8
Totals (a) (b) (c) (d) (e)
0.00 0.00 0.00 0.00
Enter total of items C(a)through C(e). 0.00
This amount is the Annual Anticipated Household Income.
D. Recipient Statement: The information on this form is to be used to determine maximum
income for eligibility. Uwe have provided, for each person set forth in Item A, acceptable
verification of current and anticipated annual income. Uwe certify that the statements are true
and complete to the best of my/our knowledge and belief,and are given under penalty of perjury.
WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations
concerning income and assets or liabilities relating to financial condition is a misdemeanor of the
first degree and is punishable by fines and imprisonment provided under Section 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. CDBG Grantee Statement: Based on the representations herein, the family or individual(s)
named in Item A of this Income Certification is/are eligible under the provisions of the
CDBG Program. The family or individual(s)constitute(s)a:
❑ Extremely Low Income (ELI) Household means and individual or family whose annual income
does not exceed 30/50`i' of the Very Low Income (60 percent of VLI)percent of the area median
income as determined by the U.S. Department of Housing and Urban Development with
adjustments for household size. (Maximum Income Limit$ ).
❑ Very Low Income (VLI) Household means and individual or family whose annual income does
not exceed 50 percent of the area median income as determined by the U.S.Department of Housing
and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
(l 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 on the (year) income limits for the Naples-Marco Island Metropolitan
Statistical Area(MSA)of Collier County,Florida.
Signature of the CDBG Administrator or His/Her Designated Representative:
Signature Date
Printed Name Title
F. Household Data
Number of Persons
By Race/Ethnicity By Age
American Native Other
Indian Asian Black Hawaiian or White 0—25 26—40 41 —61 62+
Other Pac.
Islander
Hispanic
Non-
Hispanic
NOTE:Information concerning the race or ethnicity of the occupants is being gathered for statistical
use only. No beneficiary is required to give such information, and refusal to give such information
will not affect any right he or she has to the CDBG program.
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EXHIBIT E
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.332 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 the organization's compliance. In determining Federal
awards expended in a fiscal year, the subrecipient 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 City of Naples
Name
First Date of Fiscal Year(MM/DD/YY) Last Date of Fiscal Year(MM/DD/YY)
10/01/2020 09/30/2021
Total Federal Financial Assistance Expended Total State Financial Assistance Expended during
during most recently completed Fiscal Year most recently completed Fiscal Year
$ $
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been
❑ met, and a Single Audit as required by 2 CFR Part 200 Subpart F has been completed or will be
completed by . Copies of the audit report and management letter are attached
or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
n ❑ Are a for-profit organization
❑ Are exempt for other reasons — explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit report. While we
❑ understand that the audit report contains a written response to the finding(s), we are requesting
an updated status of the corrective action(s) being taken. Please do not provide just a copy of
the written response from your audit report, unless it includes details of the actions, procedures,
policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
06/18
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FAIN # M-19-UC-12-0217
M-20-UC-12-0217
Federal Award Date September 12, 2019 and
January 25, 2021
Federal Award Agency HUD
CFDA Name Home Investment
Partnerships (HOME)
CFDA/CSFA# 14.239
Total Amount of $100,000
Federal Funds
Awarded
Subrecipient Name Collier County Hunger&
Homeless Coalition, Inc.
DUNS# 150713423
FEIN 04-3610154
R&D No
Indirect Cost Rate No
Period of Performance October I, 2021 —
September 30, 2022
Fiscal Year End 12/3 l
Monitor End: 12/22
AGREEMENT BETWEEN COLLIER COUNTY
AND
COLLIER COUNTY HUNGER& HOMELESS COALITION, INC.
Tenant Based Rental Assistance(TBRA)
THIS AGREEMENT is made and entered into this day of. ' , 2021by 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 COLLIER COUNTY HUNGER &
HOMELESS COALITION, INC. (SUBRECIPIENT) a private not-for-profit corporationexisting under
the laws of the State of Florida, having its principal office at 1791 Trade Center Way, Suite D, Naples,
FL 34109.
WHEREAS,the COUNTY is the recipient of HOME Investment Partnerships(HOME) Program
funds from the United States Department of Housing and Urban Development(HUD)as provided by the
Cranston-Gonzalez National Affordable Housing Act,as amended;and
WHEREAS,the Board of County Commissioners of Collier County(Board)approved the Collier
County Consolidated Plan One-Year Action Plan for Federal Fiscal Years 2019-2020 and 2020-2021 for
the HOME Program on June 25, 2019,Agenda Item 16.D.2 and June 23,2020,Agenda Item I l.J.;and
WHEREAS, HUD has approved the County's Consolidated Plan One-Year Action Plan for
Federal Fiscal Year 2019-2020 and 2020 and 2021 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
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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: Tenant Based Rental Assistance(TBRA)
Description of project and outcome: The HOME Tenant Based Rental Assistance project
(Seniors on Firm Footing) will serve a special needs population of homeless seniors with
approximately 4 homeless persons assisted with rent payments, electric utility deposits,and/or
security deposits for a period up to 12 months.
Outcome/Goal One: 75 percent of eligible applicants will receive eligible housing within three
(3)months of approval from date of income certification, based on availability of funds and
housing.
Outcome/Goal Two: Conduct outreach to a minimum of four(4)landlords per program year
as evidenced by quarterly performance reports.
Project Component One: Rental assistance which may include but is not limited to, rent
payments,electric utility deposits,and/or security deposits.
1. Project Tasks:
a. Maintain documentation on all households served, in compliance with
24 CFR 576.500
b. Provide quarterly reports on meeting HOME Eligible Activity
c. Required attendance by a representative of SUBRECIPIENT Executive
Management,at each Partnership Meeting.
1.1 SPECIAL GRANT CONDITIONS
A. Within sixty(60)calendar days of the execution of this Agreement,the SUBRECIPIENT must
deliver to CHS for approval, detailed tenant selection policies and criteria.
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B. The following resolutions and policies must be submitted within sixty (60) days of the
execution of this Agreement:
® Affirmative Fair Housing Policy
® Affirmative Action/Equal Opportunity Policy
® Marketing Plan
® Conflict of Interest Policy
® Procurement Policy
n Uniform Relocation Act Policy
® Sexual Harassment Policy
• Section.3 Policy
® Section 504/ADA Policy
® Fraud, Waste, and Abuse Policy
® Violence Against Women Act(VAWA)Policy
LGBTQ Policy
® Language Assistance and Planning Policy (LAP)
n Capital Need Assessment Plan
❑ Program Income Reuse Plan
n Tenant Policy Manual
C. Persons who,as a result of national origin,do not speak English as their primary language and
who have limited ability to speak, read, write, or understand English ("limited English
proficient persons"or LEP)may be entitled to language assistance under Title VI in order to
receive a particular service, benefit, or encounter. In accordance with Title VI of the Civil
Rights Act of 1964(Title VI)and its implementing regulations,the SUBRECIPIENT agrees to
take reasonable steps to ensure meaningful access to activities funded with HOME Funds,by
LEP persons.Any of the following actions could constitute"reasonable steps", depending on
the circumstances: acquiring translators to translate vital documents; advertisements, or
notices; acquiring interpreters for face to face interviews with LEP persons; placing
advertisements and notices in newspapers that serve LEP persons; partnering with other
organizations that serve LEP populations to provide interpretation, translation, or
dissemination of information regarding the project; hiring bilingual employees or volunteers
for outreach and intake activities;contracting with a telephone line interpreter service; etc.
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.
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.
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1.2 PROJECT DETAILS
A. Project Description/Project Budget:
The TBRA Program:
a. Helps individual households;
b. Can be used in a unit chosen by the tenant,and moves with the tenant;and
c. The amount of the rental subsidy is based on the income of the household,the
particular unit the household selects, and Collier County rent standards
FY2019-2020 and 2020-2021 Action Plan identified and approved the Project to perform the
tasks necessary to conduct the program as follows:
Tenant Based Rental Assistance Federal Funds Match Liability
Project Component I: Rental assistance which may $100,000 CCHHC may incur up to
include but is not limited to, rent payments, $13,000 in match. Up to
electric utility deposits, and/or security deposits. $12,000 may be
provided by COUNTY.
HOME Match Requirement $Up to$25,000
Grant Total $100,000
The SUBRECIPIENT will accomplish the following checked project tasks:
n Pay all closing costs related to property conveyance
• Maintain beneficiary income certification documentation, and provide to
the COUNTY as requested
® Maintain and provide National Objective Documentation
• Provide Quarterly Reports on National Objective and project progress
® Ensure attendance by a representative from executive management at
scheduled partnership meetings, as requested by CHS
Li Provide monthly construction and rehabilitation progress reports until
completion of construction or rehabilitation
n Identify Lead Project Manager
n Provide Site Design and Specifications
❑ Comply with Davis-Bacon Labor Standards
® Comply with Section 3 and maintain documentation
n Provide certified payroll weekly throughout construction and rehabilitation
n Comply with Uniform Relocation Act(URA), if necessary
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❑ Ensure applicable numbers of units are Section 504/ADA accessible
❑ Ensure the applicable continued use period for the project is met
B. Income Requirements
Income requirements for tenant based rental assistance under this Agreement shall comply with
24 CFR 92.216; 90 percent of tenants served must have an annual income at or below 60
percent of the.HUD established median family income for Collier County, as adjusted for
family size, at the time of occupancy or the time funds are invested, whichever is later. The
remaining 10 percent of tenants served may have an annual income of up to 80 percent of the
HUD established median family income for Collier County, as adjusted. Participants must be
certified initially and re-certified annually.Income eligibility of participants will be validated
during interim monitoring and at close out.
C. Performance Deliverables
The Following Table Details the Project Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Special Grant Condition Policies as stated in this Within sixty(60)days of
Policies(Section 1.1) • Agreement Agreement Execution
HQS Inspections Inspection Form Prior to Occupancy and
annually thereafter
Insurance Insurance Certificate Exhibit A Within thirty(30)days of
Agreement execution and
within thirty(30)days of
renewal
Income Certification Exhibit D Maintained in SUBRECIPIENT
Documentation client file and validated at
Interim and Closeout
Monitoring
Davis-Bacon/Certified Payroll Certified Payroll N/A
Documentation
Progress Report Exhibit C Quarterly,on the 10th of the
month,following the end of the
quarter and a final report due
upon completion of the project
or until final monitoring letter
received,as directed by Grant
Coordinator
Section 3 Report Quarterly Report of new hire Quarterly,on the 10th of the
information month,following the end of the
quarter and a final report due
upon completion of the project
or until final monitoring letter
received, as directed by Grant
Coordinator
Annual Audit Monitoring Exhibit E Annually within 60 days after
Report FY end.
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Financial and Compliance Audit Audit, Management Letter,and Annually nine(9)months for
Supporting Documentation Single Audit OR one hundred
eighty(180)days after FY end
Continued Use Certification Continued Use Affidavit N/A
Tenant Leases Copy of lease document N/A
Occupancy and Tenant Income Summary of Tenant Income and N/A
Report and Rental Rate Report Income Limit, Rent and Rent
Limit,by unit(Rent Roll)
Operating Expense Report Actual vs. Budget,revenue and N/A
expense report and all supporting
documentation,as requested
Maintenance Plan Maintenance Policy Manual N/A
Maintenance Agreement Executed Agreement N/A
Capital Needs Assessment Plan Plan approved by the COUNTY N/A
Program Income Re-use Plan Planned use of program- N/A
generated income
D. Payment Deliverables
The Following Table Details the Payment Deliverables
Payment Deliverable Payment Supporting Submission Schedule
Documentation
Project Component One: Rental Submission of supporting Monthly submission within 30
assistance which may include documents must be provided as days of the prior month.
but is not limited to, rent backup as evidenced by
payments, electric utility completed tenant lease,
deposits, and/or security SUBRECIPIENT lease, rent
deposits. invoice, utility invoice, banking
documents,and any additional
documents as requested.
HOME Match Requirement: Documentation of HOME eligible Monthly match of 25%.
Match funds CCHHC may incur up to
$13,000 in match.Up to$12,000
may be provided by the
COUNTY.
E. Project Location
1. The tenant can choose the neighborhood they want to live in.
2. The tenant can choose the type of housing and specific housing unit.
3. The tenant can move to other housing, as needed. TBRA funds can be used outside
Collier County, in the event Fair Market Rents or unit size is not available in Collier
County.
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1.3 PERIOD OF PERFORMANCE
SUBRECIPIENT services shall begin on October 1, 2021 and end on September 30,2022. 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.
No program costs can be incurred until an environmental review of the proposed project is
completed and approved by HUD. Further,the SUBRECIPIENT will not undertake any activity or
commit any funds prior to the HUD environmental clearance of funds and a CHS Notice to Proceed
(NTP) letter. Violation of this provision will result in the denial of any reimbursement of funds
under this Agreement.
The County Manager or designee may extend the term of this Agreement for a period of up to 180
days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to
the SUBRECIPIENT.
In any event, 24 CFR 92.205(e)(2) requires the termination of projects not completed
within 4 years of the commitment date. The commitment date for this agreement shall be
the date of final execution. "Project completion"occurs when:
• All necessary title transfer of requirements and construction work have been
completed;
• Project complies with HOME requirements, including property standards;
• Final drawdown of HOME funds has been disbursed;and
• Project completion information has been entered in IDIS, except that for rental
projects, project completion occurs upon construction completion and before
occupancy.
DURATION OF AGREEMENT
The duration of the SUBRECIPIENT Agreement is as follows:
Agreement Effective Date October 1, 2021
Deadline for Commitment of Funds (12 months) October 1, 2022
Deadline for Expenditure of Funds September 30, 2022
Agreement Termination Date September 30, 2022
Deadline for Receipt of Final Reimbursement Request December 31, 2022
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available ONE HUNDRED THOUSAND DOLLARS AND
ZERO CENTS(S100,000.00)for use by the SUBRECIPIENT,during the term of the Agreement
(hereinafter,referred to as the"Funds").This Agreement shall remain in effect until all HOME
funds and program income are no longer under the control of the SUBRECIPIENT.
Modifications to the "Budget and Scope" may only be made, if approved in advance, by the
COUNTY. Budgeted fund shifts between line items shall not be more than 10 percent of the total
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Modifications to the "Budget and Scope" may only be made, if approved in advance, by the
COUNTY. Budgeted fund shifts between line items shall not be more than 10 percent of the total
funding amount and shall not signify a change in scope.Fund shifts that exceed 10 percent of the
Agreement amount shall only be made with Board approval.
Match Pursuant 24 CFR 92.218
Match is required for HOME funds. The SUBRECIPIENT is required to provide match funds from
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(SHIP)Program funds may be used as
required match for HOME eligible activities.
The COUNTY shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
completion, or partial completion, of the work tasks as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of HOME funds until funds are needed for the
payment of eligible costs, and all disbursement requests must be limited to the amount needed at
the time of the request.Invoices for work performed are required every month. SUBRECIPIENT
may expend funds only for allowable costs resulting from obligations incurred during the term of
this Agreement. If no work has been performed during that month, or if the SUBRECIPIENT is
not yet prepared to send the required backup,a$0 invoice 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.
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 of the Agreement until all deliverables are met. Work
performed during the term of the program but not invoiced within 90 days after the end of the
Agreement,may not be processed without written authorization from the Grant Coordinator.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requirements. Except where disputed for noncompliance,
payment will be made upon receipt of a properly completed invoice and in compliance with
§218.70,Florida Statutes,otherwise known as the"Local Government Prompt Payment Act."
1.5 COST PRINCIPLES
Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost
allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section
(Section 1.5-Cost Principles)of this Agreement, SUBRECIPIENT is defined as a described in
2 CFR 200.93.Accordingly, payments will be made on a cost reimbursement basis. Each request
for reimbursement shall identify the associated project and approved project task(s) listed under
this Scope of Work. The SUBRECIPIENT can only incur direct costs that may be attributed
specifically to the projects referenced above,as defined in 2 CFR 200.413. SUBRECIPIENT must
provide adequate documentation for validating costs incurred. Payments 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 SUBRECIPIENTS and
Contractors shall be in compliance with 2 CFR 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.
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1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier,or personal delivery or sent by facsimile or other electronic means.Any notice
delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and
other written communications under this Agreement shall be addressed to the individuals in the
capacities indicated below,unless otherwise modified by subsequent written notice.
COLLIER COUNTY ATTENTION: Carolyn Noble, Grant Coordinator
Collier County Government
Community and Human Services Division
3339 E Tamiami Trail, Suite 211
Naples,Florida 34112
Email: Carolyn.Noble@colliercountyfl.gov
Telephone: (239)450-5186
SUBRECIPIENT ATTENTION: Michael Overway,Executive Director
Collier County Hunger&Homeless Coalition
1791 Trade Center Way, Suite D,
Naples, FL 34109
Email: executivedirector@collierhomelesscoalition.org
Telephone: (239)263-9363
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PART II
GRANT CONTROL REQUIREMENTS
2.1 AUDITS
At any time during normal business hours and as often as the COUNTY(and/or its representatives)
may deem necessary, the SUBRECIPIENT shall make available all records, documentation, and
any other data relating to all matters covered by the Agreement for review,inspection,or audit.
Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within 30
days after receipt. SUBRECIPIENT's failure to comply with the above audit requirements will
constitute a violation of this Agreement and may result in withholding of future payments. The
SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with
current COUNTY policy concerning SUBRECIPIENT audits and 2 CFR 200.501.
The determination of Federal award amount expended shall be in accordance with guidelines
established by 2 CFR Part 200, Subpart F-Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 92.508 to
determine compliance with the requirements of this Agreement,the HOME Program,and all other
applicable laws and regulations.This documentation includes, 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
would be required by COUNTY 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
procedures developed,prepared,assembled,or completed by the SUBRECIPIENT for this
Agreement. Materials identified in the previous sentence shall be in accordance with
generally accepted accounting principles (GAAP), procedures, and practices, that
sufficiently and properly reflect all revenues and expenditures of funds provided directly
or indirectly by this Agreement, including matching funds and Program Income. These
records shall be maintained to the extent of such detail as will properly reflect all net costs,
direct and indirect labor, materials, equipment, supplies and services, and other costs and
expenses of whatever nature for which reimbursement is claimed under the provisions of
this Agreement.
D. Upon completion of all work contemplated under this Agreement,copies of all documents
and records relating to this Agreement shall be surrendered to CHS, if requested. In any
event,the SUBRECIPIENT shall maintain all documents and records in an orderly fashion,
in a readily accessible,permanent,and secured location for five(5)years after the date of
submission of the annual performance and evaluation report, as prescribed in 24 CFR
92.508(c).However, if any litigation,claim, or audit is started before the expiration of the
five (5) year period, the records will be maintained until all litigation, claim, or audit
findings involving these records are resolved. If SUBRECIPIENT ceases to exist after
closeout of this Agreement, SUBRECIPIENT shall inform the COUNTY, in writing, of
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the address where the records are to be kept, as outlined in 2 CFR 200.337.
SUBRECIPIENT will meet all requirements for retaining public records and transfer to
COUNTY at no cost, all public records in possession of the SUBRECIPIENT upon
termination 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.Coxna,colliercountyfl.gov, 3299 Tamiami Trail E, Naples
FL 34112.
E. For rental housing projects,records may be retained for five years after the project
completion date; except that records of individual tenant income certification,
project rents,and project inspections must be retained for the most recent five year
period, until five years after the end of the affordability period.
F. 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 the
SUBRECIPIENT's compliance.
G. SUBRECIPIENT shall provide the public with access to public records on the same terms
and conditions that the COUNTY would provide the records, and at a cost that does not
exceed the cost provided in Chapter 119,Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that 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
eighty (180) days for Subrecipients exempt from Single Audit) after the
SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and
programmatic review.
SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, 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 three (3)years in accordance with 24 CFR 92.504(d)(1) at
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a minimum, and Housing Quality Standards (HQS) inspections shall be completed in
accordance with 24 CFR 92.209(i).Also,at the COUNTY's discretion,a desk top review of the
activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is
dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS,
submit information and status reports required by CHS or HUD to enable CHS to evaluate said
progress and to allow for completion of required reports. The SUBRECIPIENT shall allow CHS
or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled
as determined by CHS or HUD.
COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud,
waste, abuse, or non-performance based on goals and performance standards, as stated with all
other applicable laws, regulations, and policies governing the funds provided under this
Agreement,further defined by 2 CFR 200.332. 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 sufficient
to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this
Agreement, and provide proper and effective management of all Program and Fiscal activities of
the Agreement. SUBRECIPIENT's internal control systems and all transactions and other
significant events are to be clearly documented, and the documentation shall be readily available
for monitoring by CHS.
SUBRECIPIENT shall give COUNTY complete access to all of its records,employees,and agents
for the purpose of monitoring or investigating the performance of the Agreement.SUBRECIPIENT
shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent 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.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this Agreement.Penalties may be imposed for failure to implement or to make
acceptable progress on such corrective action plans.
To effectively enforce COUNTY Resolution No.2013-228,CHS has adopted an escalation policy
to ensure continued compliance by Subrecipients,Developers, or any entity receiving grant funds
from CHS.The escalation policy for noncompliance is as follows:
1. Initial noncompliance may result in Findings or Concerns being issued to the SUBRECIPIENT
and will require a corrective action plan to be submitted to CHS within 15 days following
issuance of the report.
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o Any pay requests that have been submitted to CHS for payment will be held until the
corrective action plan has been submitted.
o CHS will be available to provide Technical Assistance (TA) to the SUBRECIPIENT, as
needed,to assist in correcting 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 be returned to the COUNTY,
at the discretion of the Board.
o The SUBRECIPIENT may be considered in violation of Resolution No.2013-228.
3. If a 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 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.
The SUBRECIPIENT will be required to repay all fiends 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 the SUBRECIPIENT has multiple agreements with the COUNTY and is found to be
noncompliant,the above sanctions may be imposed across all awards,at the Board's discretion.
2.6 REPORTS •
Reimbursement may be contingent on the timely receipt of complete and accurate reports required
by this Agreement, and on the resolution of monitoring findings identified pursuant to this
Agreement,as deemed necessary by the County Manager or designee.
During the term of this Agreement,SUBRECIPIENT shall submit quarterly progress reports to the
COUNTY on the 10°i day of January,April, July, and October, respectively, for the prior quarter
period end.As part of the report submitted in October,the SUBRECIPIENT also agrees to include,
a comprehensive final report covering the agreed-upon Program objectives, activities, and
expenditures including but not limited to,performance data on client feedback with respect to the
goals and objectives set forth in Exhibit C,which contains an example reporting form to be used in
fulfillment of this requirement. Other reporting requirements may be required by the County
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Manager or their designee in the event of Program changes, the need for additional information or
documentation arises, and/or legislative amendments are enacted. Reports and/or requested
documentation not received by the due date shall be considered delinquent and may be cause for
default and termination of this Agreement.
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY,which consent, if given at all,shall be at the COUNTY's sole discretion and judgment.
3.2 GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 92 (the U. S. Housing and Urban Development regulations concerning HOME
Investment Partnerships Program Grants (HOME), including subpart H, except that (1) the
SUBRECIPIENT does not assume the COUNTY's environmental responsibilities described in 24
CFR 93.352, and (2) the SUBRECIPIENT does not assume the COUNTY's responsibility for
initiating the review process under the provisions of 24 CFR 92.357. The SUBRECIPIENT also
agrees to comply with all other applicable laws, regulations, and policies governing the funds
provided under this Agreement. The SUBRECIPIENT further agrees to utilize funds available
under this Agreement to supplement,rather than supplant,funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating
or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT
shall always remain an independent contractor with respect to the services to be performed under
this Agreement. The COUNTY shall be exempt from payment of all Unemployment
Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation
Insurance, as the SUBRECIPIENT is an independent contractor 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 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,the scope of service, 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.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from HUD provided HOME grant funds and must
be implemented in full compliance with all HUD rules and regulations and any agreement between
the COUNTY and HUD governing HOME funds pertaining to this Agreement. In the event of
curtailment or non-production of said federal funds, the financial resources necessary to continue
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to pay the SUBRECIPIENT all or any portion of the funds will not be available. In that event,the
COUNTY may terminate this Agreement, which 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,the SUBRECIPIENT agrees that it will not look
to,nor seek to hold the COUNTY,nor any individual member of the County Commissioners and/or
County Administration,personally liable for the performance of this Agreement,and the COUNTY
shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless Collier County, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act or omission, including
but not limited to,reasonable attorneys'and paralegals'fees,to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents,
officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any
persons acting under the direction, control, or supervision of the SUBRECIPIENT in the
performance of this Agreement. This indemnification obligation shall not be construed to negate,
abridge,or reduce any other rights or remedies that otherwise may be available to an indemnified
party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses
of any nature whatsoever in connection therewith, defend all suits in the name of the COUNTY,
and pay all costs (including attorney's fees) and judgments that may issue thereon. This
Indemnification shall survive the termination and/or expiration of this Agreement. This section
does not pertain to any incident arising from the sole negligence of the COUNTY. The foregoing
indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in
Section 768.28, Florida Statutes. This Section shall survive the expiration or termination of this
Agreement.
3.7 GRANTOR RECOGNITION/SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the Program sponsorships, research reports, and similar public
notices, whether printed or digitally, it prepares and releases for, on behalf of, and/or about the
Program shall include the statement:
"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY
COMMUNITY AND HUMAN SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team, as well as
Equal Housing Opportunity to the general public.
3.8 SUSPENSION AND DEBARMENT
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 an Federal Department or agency; and, that the SUBRECIPIENT shall not
knowingly enter into any lower tier contract,or other covered transaction,as outlined in Executive
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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 the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such
termination,the effective date,and in the case of partial terminations,the portion to be terminated.
However,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 it was made,the COUNTY may terminate
the award in its entirety.This Agreement may also be terminated by the COUNTY if the award no
longer effectuates the program goals 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 ally reason, to fulfill its obligations under this Agreement
in a timely and proper manner.
C. SUBRECPIENT'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 has received under this Agreement;
D. Apply sanctions set forth in 24 CFR 92, if determined by the COUNTY to be applicable;
E. Stop all payments until identified deficiencies are corrected;
F. Terminate this Agreement by giving written notice to SUBRECIPIENT specifying the
effective date of such termination. If the Agreement is terminated by the COUNTY as
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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 the Agreement, if 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), the SUBRECIPIENT shall immediately
transfer to the COUNTY any property on hand at the time of termination (or expiration) and any
accounts receivable attributable to the use of HOME funds.
The COUNTY's receipt of any funds on hand at the time of termination shall not waive the
COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the
funds, as the COUNTY may deem necessary. Regulations regarding real property are subject to
2 CFR 200.311 and as otherwise provided at 24 CFR 92.504(c)(2)(vii).
3.11 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until
all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said
insurance shall be carried continuously during SUBRECIPIENT'S performance under the
Agreement.
3.12 ADMINISTRATIVE REQUIREMENTS
The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget
and the Scope of Work(Part I),the Uniform Administrative Requirements for Cost Principles and
Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the
HOME funds(24 CFR 92 et seq.).
3.13 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards at(2 CFR 200.318 through
.327)and Collier County's purchasing thresholds.
All purchasing for goods and services, including capital equipment, shall be made by purchase
order or a written contract in conformity with the thresholds of Collier County Purchasing Policy.
Range: Competition Required
$0-$50,000 3 Written Quotes
$50,001+ Formal Solicitation(ITB,RFP,etc.)
In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT
shall procure, acquire, or use goods,products or materials produced in the United States.
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 200.323.
All improvements specified in Part I. Scope of Work shall be performed by SUBRECIPIENT
employees, or put out to competitive bidding, under a procedure acceptable to the COUNTY and
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Federal requirements. The SUBRECIPIENT shall enter into contracts for improvements with the
lowest, qualified, responsible and responsive 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 200.323. Contract administration shall be handled by the
SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents
related to the project.
3.14 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 92.503(a), in the operation of the Program. When Program Income
is generated by an activity that is only partially assisted with 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 Grant Program,
for further reallocation.
3.15 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed.Activities during the 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 which have been advanced or paid must
be returned to the COUNTY.Any funds paid exceeding 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 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 area 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 area shall be awarded contracts in
connection with the project,to the greatest extent feasible.The SUBRECIPIENT shall comply with
Section 3 of the Housing and Community Development Act of 1968.
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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
lieu of an independent investigation.
3.18 PROGRAM BENEFICIARIES
HOME Program TBRA funding is limited to low income households (below 80 percent of Area
Medium Income(AMI)). However, HUD has further targeted very-low income households(at or
below 60 percent of AMI), per 24 CFR 92.216(a). As such, 90 percent of eligible households
receiving TBRA funding under this Agreement must be at or below 60 percent of AMI and 10
percent of eligible households may have a household income of up to 80 percent of AMI, adjusted
for family size.Assistance must be provided for at least one year but not more than two years,per
24 CFR 92.209(e).
3.19 AFFIRMATIVE ACTION
The SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program,
pursuant to the COUNTY's specifications in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966.The SUBRECIPIENT shall submit to the COUNTY
for approval a plan for an Affirmative Action Program prior to the award of funds.
SUBRECIPIENT shall update the Affirmative Action Plan throughout the affordability
period, as needed, and submit it to the COUNTY within 60 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 direct or indirect personal
financial interest in the Project areas or any parcels therein that would conflict in any manner or
degree with the performance of this Agreement. The SUBRECIPIENT shall not employ or
subcontract any person having a conflict of interest for this project. The SUBRECIPIENT
covenants that it will comply with all provisions of 24 CFR 92.356(f)"Conflict of Interest,"2 CFR
200.318, and the State and County statutes, regulations, ordinances, or resolutions governing
conflicts of interest.
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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 section shall be interpreted in such a
manner so as not to unreasonably impede the statutory requirement that maximum opportunity be
provided for employment of and participation of low-and moderate-income residents of the project
target area.
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 in Section 24 CFR 92.257. The
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows:
a. It will not discriminate against any employee or applicant for employment based on religion
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 based on religion 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 in this part. Sanctuaries, chapels, or other rooms that a HOME funded religious
congregation uses as its principal place of worship, however,are ineligible for HOME funded
improvements.
3.23 INCIDENT REPORTING
If services to clients are provided under this Agreement, the SUBRECIPIENT and any
subcontractors shall report to CHS, knowledge or reasonable suspicion of abuse, neglect, or
exploitation of a child, aged person,or disabled person.
3.24 SEVERABILITY
•
Should any provision of the Agreement be determined unenforceable or invalid,such 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:/hvww.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr58_main 02.tpl
4.3 Title II of the Cranston-Gonzalez National Affordable Housing Act(42 U.S.C. 12701 et seq.).
Regulations at 24 CFR part 92.
4.4 The Fair Housing Act(42 U.S.C. 3601-20)Reasonable Accommodations Under the Fair Housing
Act. https://www.hud.gov/sites/documents/DOC 7771.PDF
E.O. 11063 —Equal Opportunity in Housing •
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.
littps://www.law.comell.edu/cfr/text/24/part-107
4.5 Title VI of the Civil Rights Act of 1964 as amended,Title VIII of the Civil Rights Act of 1968 as
amended https://www.hud.gov/programdescription/title6
4.6 24 CFR 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 SUBRECIPIENI'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 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:https://www.ecfr.gov/cgi-bin/text-
idx?c=ecfr&tp1=/ecfrbrowse/Title24/24cfr•13 5_main_02.tpl
11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.1rtml
11375: Amended by EO 11478
11478: http://www.archives.gov/federal-register/codification/executive-order/11478.htm1
12107: http://www.archives.gov/federal-register/codification/executive-order/12107.html
12086: http://www.archives.gov/federal-register/codification/executive-order/12086.html
4.10 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5),24 CFR 92.251
Section 504: http://www.epa.gov/civilrights/sec504.htm
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29 USC 776: http://law.onecle.com/uscode/29/776.ht1n1
4.11 The Americans with Disabilities Act of 1990 http://www.fhwa.dot.gov/realestate/ua/index.htm
4.12 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
http://www.fliwa.dot.gov/realestate/ua/index.htm
4.13 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.
http://www.mbda.gov/node/333
4.14 Public Law 100-430-the Fair Housing Amendments Act of 1988.
http://www.ncbi.nlm.nih.gov/pubmed/12289709
4.15 2 CFR 200 et seq—Uniform Administrative Requirements,Cost Principles, and Audit
requirements for Grants and Agreements.
https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title02/2cfi200 main_02.tpl
4.16 2 CFR 216 — Prohibition on certain telecommunications and video surveillance services or
equipment.Recipients and Subrecipients 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 an 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.
4.17 Immigration Reform and Control Act of 1986
http://www.eeoc.govieeoc/history/35th/thelaw/irca.html
4.18 Prohibition of Gifts to County Employees-No organization or individual shall offer or give,either
directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County
employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance
No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes -
http://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112_part iii
Collier County-
http://bccspO I/SiteDirectory/ASD/HR/labor/CMAs/Sleared%20Documents/CMA%205311.1%20
Standards%200%20Conduct.pdf
4.19 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.
4.20 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).
4.21 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
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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,20th 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.
lutp://www.flsenate.gov/Laws/Statutes/2010/44.102
4.22 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.corne I l.edu/uscode/text/33/chapter-26
4.23 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=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=24:3.1.1.
3.4.11.1.6&idno=24
4.24 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800,Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties,insofar as they apply to the performance of this agreement.
http://www.nps.gov/history/local-law/nhpa1966.htm
http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr•&tpl=/ecfrbrowse/Title36/36cfr800 main 02.tp I •
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/nhpaI966.htm
4.25 The SUBRECIPIENT certifies 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-requirements-contractors-19242870
4.26 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 and 24 CFR 92.350.
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4.27 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.
4.28 2 CFR 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;2)extend or renew a contract to procure or obtain;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 component of any
system,or as critical technology as part of any system.
4.29 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 Subrecipients 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
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.cornel l.edu/efr/text/24/92.206
4.30 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 92.353.
http://www.fhwa.dot.gov/realestate/ua/index.htm
http://www.l aw.cornell.edu/cfr/text/49/24.101
4.31 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 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,
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continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. If any funds,other than Federal appropriated fiends have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying",in accordance with its instructions. The undersigned shall require that the language of
this certification be included in the award documents for all sub-awards at all tiers (including
subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
4.32 Travel reimbursement will be based on the U.S. General Services Administration(GSA)per diem
rates in effect at the time of travel.
4.33 Equal access in accordance with the individual's gender identity in community planning and
development programs,per 24 CFR 5.106.
https://www.govregs.com/regulations/expand/title24_nart5_subpartA section5.106
4.34 Housing Counseling, including homeownership counseling or rental housing counseling ,
as defined in §5.100,required under or provided in connection with any program administered by
HUD shall be provided only by organizations and counselors certified by the Secretary under
24 CFR part 214 to provide housing counseling,consistent with 12 U.S.C. 1701x, per
24 CFR 5.111.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=e339ece9fdfd I479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6
https://www.law.comell.edu/cfr/text/24/5.111
4.35 HUD Final Rule—Implementation of the Violence Against Women Reauthorization Act of 2013
which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, •
regardless of sex, gender identity, or sexual orientation, and which must be applied consistent
with all nondiscrimination and fair housing requirements.
https://wmv.federalregister.gov/documents/2016/11/16/2016-25888/violence-against-women-
reauthorization-act-of-2013-implementation-in-hud-housing-programs
4.36 Any rule or regulation determined to be applicable by HUD.
4.37 Florida Statute 448.095 Employment Eligibility. Per Florida Statute 448.095(3),all Florida
private employers are required to verify employment eligibility for all new hires beginning
. January 1,2021.Eligibility determination is not required for continuing employees hired before
January 1,2021.
http://www.leg.state.fl.us/statutes/index.cfrn?App mode=Display Statute&URL=0400-
0499/0448/0448.htm1
4.38 Florida Statutes 713.20,Part 1,Construction Liens
http://www.leg.state.fl.us/Statutes/index.cfin?App_mode=Display Statute&URL=0700-
0799/0713/0713.html •
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/Stattites/index.cfin?App_mode=Display Statute&U RL=0100-
0199/0119/Sections/0119.07.html
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4.38 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.
4.39 Equal Treatment of Faith-Based Organizations: By regulation, DOJ/BJA prohibits all recipient
organizations from using financial assistance from DOJ/BJA to fund explicitly religious activities.
The 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 DOJBJA funds while
taking into account religion when hiring staff. Questions in this regard should be directed to the
Office for Civil Rights.
4.40 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records
in the employment context, except when specifically authorized. The 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.
4.41 Byrd Anti-Lobbying Amendment(31 U.S.C. § 1352): The SUBRECIPIENT will not use and has
not used federal appropriated Rinds 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.
4.42 False Claim,Criminal,or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any
credible evidence that a principal,employee,agent,contractor,subgrantee,subcontractor, or other
person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery,
gratuity,or similar misconduct involving subaward agreement funds
4.43 Political Activities Prohibited: None of the funds provided directly or indirectly under this
Agreement shall be used for any political activities or to further the election or defeat of any
candidates for public office. Neither this Agreement nor any funds provided hereunder shall be
utilized in support of any partisan political activities or activities for or against the election of a
candidate for an elected office.
4.44 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), DOJ/BJA encourages
recipients and 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.
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4.45 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.
4.46 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT
understands and acknowledges that it cannot use any federal funds,either directly or indirectly, in
support of any contract or subaward to either ACORN or its subsidiaries,without the express prior
written approval of OW.
Remainder of Page Intentionally Left Blank
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PART V
HOME Requirements
5.1 Project Requirements for SUBRECIPIENTS-24 CFR 92.209
The SUBRECIPIENT is required to conform to the following requirements and regulations as
stated below:
24 CFR 92.209 Tenant-based rental assistance: Eligible costs and requirements.
(a) Eligible costs. Eligible costs are the rental assistance and security deposit payments made
to provide tenant-based rental assistance for a family pursuant to this section. Eligible
costs also include utility deposit assistance, but only if this assistance is provided with
tenant-based rental assistance or security deposit payment.Administration of tenant-based
rental assistance is eligible only under general management oversight and coordination at
§92.207(a), except that the costs of inspecting the housing and determining the income
eligibility of the family are eligible as costs of the tenant-based rental assistance.
(b) Tenant selection. The SUBRECIPIENT must select low-income families in accordance
with written tenant selection policies and criteria that are based on local housing needs
and priorities established in the COUNTY's consolidated plan.
(1) Low-income families. Tenant-based rental assistance may only be provided to very
low- and low-income families. The SUBRECIPIENT must determine that the.
family is very low- or low-income before the assistance is provided. During the
period of assistance,the SUBRECIPIENT must annually determine that the family
continues to be low-income. The SUBRECIPIENT shall retain all documentation
on client eligibility by which CHS can validate eligibility during their interim and
closeout monitoring.
(2) Targeted assistance.
(i) The SUBRECIPIENT may establish a preference for individuals with
special needs (e.g., homeless persons or elderly persons) or persons with
disabilities. The SUBRECIPIENT may offer, in conjunction with a tenant-
based rental assistance program,particular types of nonmandatory services
that may be most appropriate for persons with a special need or a particular
disability.Generally,tenant-based rental assistance and the related services
should be made available to all persons with special needs or disabilities
who can benefit from such services.Participation may be limited to persons
with a specific disability, if necessary,to provide as effective housing,aid,
benefit, or services as those provided to others in accordance with 24 CFR
8.4(b)(1)(iv).
(ii) The SUBRECIPIENT may also provide a preference for a specific category
of individuals with disabilities (e.g., persons with HIV/AIDS or chronic
mental illness) if the specific category is identified in the COUNTY's
consolidated plan as having unmet need and the preference is needed to
narrow the gap in benefits and services received by such persons.
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(iii) Self-sufficiency program. The SUBRECIPIENT may require the family to
participate in a self-sufficiency program, as a condition of selection for
assistance. The family's failure to continue participation in the self-
sufficiency program is not a basis for terminating the assistance;however,
renewal of the assistance may be conditioned on participation in the
program. Tenants living in a HOME-assisted rental project who receive
tenant-based rental assistance as relocation assistance must not be required
to participate in a self-sufficiency program as a condition of receiving
assistance.
(iv)Preferences cannot be administered in a manner that limits the opportunities
of persons on any basis prohibited by the laws listed under 24 CFR
5.105(a).For example,a SUBRECIPIENT may not determine that persons
given a preference under the program are therefore prohibited from
applying for or participating in other programs or forms of assistance.
Persons who are eligible for a preference must have the opportunity to
participate in all programs of the COUNTY, including programs that are
not separate or different.
(3) Existing tenants in the HOME-assisted projects. A SUBRECIPIENT may select
low-income families currently residing in housing units that are designated for
rehabilitation or acquisition under the COUNTY's HOME program.
SUBRECIPIENT using HOME funds for tenant-based rental assistance programs
may establish local preferences for the provision of this assistance. Families so
selected may use the tenant-based assistance in the rehabilitated or acquired housing
unit or in other qualified housing.
(c) Term of rental assistance contract. The term of the rental assistance contract providing
assistance with HOME funds may not exceed 24 months,but may be renewed,subject to
the availability of HOME funds.The term of the rental assistance contract must begin on
the first day of the term of the lease. For a rental assistance contract between a
SUBRECIPIENT and an owner,the term of the contract must terminate on termination of
the lease. For a rental assistance contract between a SUBRECIPIENT and a family, the
term of the contract need not end on termination of the lease, but no payments may be
made after termination of the lease until a family enters into a new lease.
(d) Rent reasonableness. The SUBRECIPIENT must disapprove a lease if the rent is not
reasonable,based on rents that are charged for comparable unassisted rental units.
(e) Tenant protections. The tenant lease must comply with the requirements in §92.253 (a)
and(b).
(f) Maximum subsidy.
(1) The amount of the monthly assistance that SUBRECIPIENT may pay on behalf of
a family may not exceed the difference between a rent standard for the unit size
established by the COUNTY and 30 percent of the family's monthly adjusted
income.
(2) The SUBRECIPIENT must establish a minimum tenant contribution to rent.
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(3) The SUBRECIPIENT's rent standard for a unit size must be based on:Local market
conditions or the Section 8 Housing Choice Voucher Program(24 CFR part 982).
(g) Housing quality standards. Housing occupied by a family receiving tenant-based
assistance under this section must meet the requirements set forth in 24 CFR 982.401.The
SUBRECIPIENT must have housing units inspected, by a certified HQS inspector,
initially and re-inspected annually. The SUBRECIPIENT may not perform HQS
inspections on housing units it owns or operates.
(h) Security deposits.
(1) SUBRECIPIENT may use HOME funds provided for tenant-based rental assistance
to provide grants to very low- and low-income families for security deposits for
rental of dwelling units when combined with rent under this section.
(2) The relevant State or local definition of"security deposit"in the jurisdiction where
the unit is located is applicable for the purposes of this part,except that the amount
of HOME funds that may be provided for a security deposit may not exceed the
equivalent of two month's rent for the unit.
(3) Only the prospective tenant may apply for HOME security deposit assistance,
although the SUBRECIPIENT will pay the funds directly to the landlord.
(i) Program operation. A tenant-based rental assistance program must be operated consistent
with the requirements of this section.Additionally,the COUNTY must approve each lease
prior to its execution.
(j) Use of Section 8 assistance.In any case where assistance under Section 8 of the 1937 Act
becomes available,recipients of tenant-based rental assistance under this part will qualify
for tenant selection preferences to the same extent as when they received the HOME
tenant-based rental assistance under this part.
5.2 Project Requirements for SUBRECIPIENTS-24 CFR 92.253
The SUBRECIPIENT is required to conform to the following requirements and regulations as
stated below:
24 CFR 92.253 Tenant protections and selection.
(a) Lease. There must be a written lease between the tenant and the owner of rental housing
assisted with HOME funds that is for a period of not less than one year, unless by mutual
agreement between the tenant and the owner a shorter period is specified. The lease must
incorporate the VAWA lease term/addendum required under § 92.359(e), except as
otherwise provided by§92.359(b)
(b) Prohibited lease terms.The lease may not contain any of the following provisions:
1.Agreement to be sued. Agreement by the tenant to be sued, to admit guilt, or to a
judgment in favor of the owner in a lawsuit brought in connection with the lease.
2.Treatment of property. Agreement by the tenant that the owner may take, hold, or sell
personal property of household members without notice to the tenant and a court decision
on the rights of the parties.This prohibition,however,does not apply to an agreement by
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the tenant concerning disposition of personal property remaining in the housing unit after
the tenant has moved out of the unit.The owner may dispose of this personal property in
accordance with State law.
3.Excusing owner from responsibility. Agreement by the tenant not to hold the owner or
the owner's agents legally responsible for any action or failure to act,whether intentional
or negligent.
4.Waiver of notice.Agreement of the tenant that the owner may institute a lawsuit without
notice to the tenant.
5.Waiver of legal proceedings.Agreement by the tenant that the owner may evict the tenant
or household members without instituting a civil court proceeding in which the tenant
has the opportunity to present a defense, or before a court decision on the rights of the
parties.
6.Waiver of a jury trial. Agreement by the tenant to waive any right to a trial by jury.
7.Waiver of right to appeal court decision. Agreement by the tenant to waive the tenant's
right to appeal,or to otherwise challenge in court,a court decision in connection with the
lease.
8.Tenant chargeable with cost of legal actions regardless of outcome. Agreement by the
tenant to pay attorney's fees or other legal costs even if the tenant wins in a court
proceeding by the owner against the tenant. The tenant, however, may be obligated to
pay costs if the tenant loses.
9.Mandatory supportive services.Agreement by the tenant(other than a tenant in
transitional housing)to accept supportive services that are offered.
(c) Termination of tenancy. An owner may not terminate the tenancy or refuse to renew the
lease of a tenant of rental housing assisted with HOME funds,except for serious or repeated
violation of the terms and conditions of the lease;for violation of applicable Federal, State,
or local law;for completion of the tenancy period for transitional housing or failure to follow
any required transitional housing supportive services plan; or for other good cause. Good
cause does not include an increase in the tenant's income or refusal of the tenant to purchase
the housing.To terminate or refuse to renew tenancy,the owner must serve written notice
upon the tenant specifying the grounds for the action at least 30 days before the termination
of tenancy.
(d) Tenant selection.An owner of rental housing assisted with HOME funds must comply with
the affirmative marketing requirements established by the participating jurisdiction pursuant
to § 92.351(a). The owner must adopt and follow written tenant selection policies and
criteria that:
1.Limit the housing to very low-income and low-income families;as evidenced by income
verification documentation prior to occupancy and annually thereafter to be retained in
the SUBRECIPIENT client file and validated by CHS at the interim and closeout
• monitoring.
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•
• 2. Are reasonably related to the applicants' ability to perform the obligations of the lease
(i.e.,to pay the rent,not to damage the housing;not to interfere with the rights and quiet
enjoyment of other tenants).
3.Limit eligibility or give a preference to a particular segment of the population. if
permitted in its written agreement with the COUNTY (and only if the limitation or
preference is described in the COUNTY's consolidated plan).
(i) Any limitation or preference must not violate nondiscrimination requirements
in § 92.350. A limitation or preference does not violate nondiscrimination
requirements if the housing also receives funding from a Federal program that
limits eligibility to a particular segment of the population (e.g., the Housing
Opportunity for Persons with AIDS program under 24 CFR part 574, the Shelter
Plus Care program under 24 CFR part 582,the Supportive Housing program under
24 CFR part 583, supportive housing for the elderly or persons with disabilities
under 24 CFR part 891),and the limit or preference is tailored to serve that segment
of the population.
(ii) If a project does not receive funding from a Federal program that limits
eligibility to a particular segment of the population, the project may have a
limitation or preference for persons with disabilities who need services offered at
a project only if:
(A) The limitation or preference is limited to the population of families
(including individuals) with disabilities that significantly interfere
with their ability to obtain and maintain housing.
(B) Such families will not be able to obtain or maintain themselves in
housing without appropriate supportive services.
(C) Such services cannot be provided in a nonsegregated setting. The
families must not be required to accept the services offered at the
project.In advertising the project,the owner may advertise the project
as offering services for a particular type of disability; however, the
project must be open to all otherwise eligible persons with disabilities
who may benefit from the services provided in the project.
4. Do not exclude an applicant with a certificate or voucher under the Section 8 Tenant-
Based Assistance:Housing Choice Voucher Program(24 CFR part 982)or an applicant
participating in a HOME tenant-based rental assistance program because of the status
of the prospective tenant as a holder of such certificate,voucher,or comparable HOME
tenant-based assistance document.
5.Provide for the selection of tenants from a written waiting list in the chronological order
of their application,insofar as is practicable.
6. Give prompt written notification to any rejected applicant of the grounds for any
rejection.
7.Comply with the VAWA requirements prescribed in § 92.359.
Signature page to follow
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IN WITNESS WHEREOF, the SURRECIPIENT 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 COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK OF CO -LI R COUNTY, FLORIDA
By:
rr� ,9111' Jerk PENNY TAY OR, C R ERSON
only..
Date:
COLLIER COUNTY HUNGER&
Dated: `L& eaca HOM S C IN .
tlCt?1Of ' Alex Wertheim H oard Co-President
Mary alley HHC Board Co-President
Date: (2.p 24
Approved as to form and legality:
Jennifer A. Belpedio pa
Assistant County Attorney /\
Date: 5 \ 1`1 \a
ccl n.lc
11M21-0l ;,.. ,
Tenant Based Rental Assistance(MBA) Page 34 �"
! 6D7
PART VT
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 contract in an amount not less than $1,000,000
combined single limit for combined Bodily Injury and Property Damage. Collier
County shall be named as an additional insured.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1 —3 above,a Certificate of Insurance must be provided as •
follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed
design professional employed by the SUBRECIPIENT in an amount not less than
$1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the
SUBRECIPIENT and/or the design professional shall become legally obligated to
pay as damages for claims arising out of the services performed by the
SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection
with this contract. This insurance shall be maintained for a period of two(2)years
after the certificate of Occupancy is issued. Collier County shall be named as an
additional insured.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in 1 —4 above, the SUBRECIPIENT shall provide or cause
its Subcontractors to provide original certificates indicating the following types of insurance
coverage prior to any construction:
5. Completed Value Builder's Risk Insurance on an"All Risk"basis in an amount not
less than 100 percent of the insurable value of the building(s) or structure(s). The
policy shall be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973
(42 U.S.C. 4001),the SUBRECIPIENT shall assure that for activities located in an
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! 6 7
area identified by the Federal Emergency Management Agency(FEMA) as having
special flood hazards,flood insurance under the National Flood Insurance Program
is obtained and maintained as a condition of financial assistance for acquisition or
construction purposes (including rehabilitation).
OPERATION/MANAGEMENT PHASE(IF APPLICABLE)
After the Construction Phase is completed and occupancy begins,the following insurance must be
kept in force throughout the duration of the loan and/or contract:
7. Workers' Compensation as required by Chapter 440,Florida Statutes.
8. Commercial General Liability including products and completed operations
insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate.
Collier County must be shown as an additional insured with respect to this
coverage.
9. Automobile Liability Insurance covering all owned,non-owned and hired vehicles
used in connection with this contract in an amount not less than $1,000,000
combined single limit for combined Bodily Injury and Property Damage. Collier
County as an additional insured.
10. Property Insurance coverage on an "All Risk" basis in an amount not less than
100 percent of the replacement cost of the property. Collier County must be shown
as a Loss payee with respect to this coverage A.T.I.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard
zone for the full replacement values of the structure(s) or the maximum amount of
coverage available through the National Flood Insurance Program (NFIP). The
policy must show Collier County as a Loss Payee A.T.I.M.A.
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EXHIBIT B
COLLIER COUNTY COMMUNITY&HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SUBRECIPIENT Name: Collier County I-Iunger&Homeless Coalition,Inc.
SUBRECIPIENT Address: PO Box 9202, 1791 Trade Center Way,Naples,FL 34109
Project Name: TBRA
Project No: HM21-01 Payment Request#
Total Payment Minus Retainage
Period of Availability: through
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
Subrecipient CHS Approved
1. Grant Amount Awarded $ $
2.Total Amount of Previous Requests $ $
3.Amount of Today's Request(Net of Retainage, if $ $
applicable)
4. Current Grant Balance (Initial Grant Amount Award $ $
request) (includes Retainage)
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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1607
Exhibit B-1
Match Form
Collier County Request for Match
•
SECTION I:REQUEST FOR PAYMENT
Subrecipient Name: Collier County Hunger&Homeless Coalition,Inc.
Subrecipient Address: PO Box 9202,Trade Center Way,Naples,FL 34109
Project Name: TBRA
Project No: HM21-01 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 PPERFORMANCE REPORT
Subrecipients:Please complete the questions that pertain to your project only.
Subrecipient Name: Collier County Hunger& Date:
Homeless Coalition,Inc.
Project Title: TBRA
•
Program Contact: Alternate Contact:
Telephone Number: Telephone Number:
Project#: IDIS#:
Activity Reporting Period Report Due Date
October lst—December 31' January 10th
January 1st—March 31 st April 106'
April lst—June 30th July 10th
July lst—September 30ti October 10th
REPORT FOR QUARTER ENDING:(check one that applies to the corresponding grant period):
12/31/XX 3/31/XX 6/30/XX 9/30/XX
Please note: The HOME Program year begins October 1,20XX—September 30,20XX.Each quarterly report must include
cumulative data beginning from the start of the program year October 1,20XX.
1. Please list the outcome goal(s)from your approved application and subrecipient Agreement.
a. Outcome Goals: list the outcome goal(s)from your approved application and subrecipient Agreement
Outcome 1: 75%of eligible applicants will receive eligible housing within three(3)months of approval from date of
income certification,based on availability of funds and housing.
Outcome 2: Conduct outreach to a minimum of four(4)landlords per program year as evidenced by quarterly reports.
Outcome 3:
b. Goal Progress: Indicate the progress to date in meeting each outcome goal.
Outcome 1:
Outcome 2:
Outcome 3:
Monthly Rent i.uzehnld Tenant Cnn rant
Last #of Security Tenant TBRA Total %of Hispanic Race Family Type Paid to Newly ft Months
Name, Bed- Dep Rent Subsidy Rent Median Y/N Size of Owner/ Assiste of
First rooms Income House- Tenant d Y/N assistance
Initial hold
•
$
$
$ ,
CCHHC
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II 6 U 7
$
$
$
$
$
Name:
Signature:
Title:
Your typed name here represents your electronic signature
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EXHIBIT D
INCOME CERTIFICATION
INSTRUCTIONS
Retain completed form, including appropriate supporting documentation, to be validated by CHS at the
interim and close out monitoring.
Effective Date:
A. Household Information
Member Names—All Household Members Relationship Age
1
2
3
4
5
6
7
8
B. Assets: All Household Members,Including Minors
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.06%)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 Asset
Salaries Pensions Assistance Income Income
(include tips,
commissions, (Enter the
bonuses,and greater of
overtime) box B(b)or
1 box B(c),
2 above,in
3 box C(e)
4 below)
5
6
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
CCHHC
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t6Q7
E. HOME COUNTY Statement: Based on the representations herein, the family or individual(s)
named in Item A of this Income Certification is/are eligible under the provisions of the HOME.
The family or individual(s)constitute(s)a:
❑ Extremely-Low Income(ELI)Household means and individual or family whose annual
income does not exceed 30 percent of the area median income as determined by the U.S.
Department of Housing and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
•
_❑ Very Low-Income (VLI) Household means and individual or family whose annual
income does not exceed 50 percent of the area median income as determined by the U.S.
Department of Housing and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
❑ 60 Percent Threshold means and individual or family whose annual income does not
exceed 60 percent of the area median income as determined by the U.S. Department of
Housing and Urban Development with adjustments for household size.
(Maximum Income Limit$ )
❑ Low-Income(LI)Household means and individual or family whose annual income does
not exceed 80 percent of the area median income as determined by the U.S.Department of
Housing and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
Based upon the (year) income limits for the Naples-Marco Island Metropolitan Statistical
Area(MSA) of Collier County,Florida.
Signature of the HOME TBRA Administrator or His/Her Designated Representative:
Signature Date
Printed Name/Title
F. Household Data
Number of Persons
By Race/Ethnicity By Age
Native
American Hawaiian or 0— 26— 41—
Indian Asian Black Other Pac. White Other 62+
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 200.332 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 the 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 Collier County Hunger & Homeless Coalition, Inc.
Name
First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year (MM/DD/YY)
Total Federal Financial Assistance Total State Financial Assistance Expended
Expended during most recently completed during most recently completed Fiscal Year
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
C understand that the audit report contains a written response to the finding(s), we are requesting
an updated status of the corrective action(s) being taken. Please do not provide just a copy of
the written response from your audit report, unless it includes details of the actions, procedures,
policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature: Date
Print Name and Title:
06/18
cc1111c
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 D 7
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 Attomey Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Kristi Sonntag Community and Human KS 7/7/21
Services
2. County Attorney Office— County Attorney Office
C71A -1111)2 t
3. BCC Office Board of County �
Commissioners ' .3 c!''
4. Minutes and Records Clerk of Court's Office
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 Kristi Sonntag/CHS Phone Number 239-252-2486
Contact/ Department Director
Agenda Date Item was _ a _ 02 1 Agenda Item Number I6.13.7
Approved by the BCC
Type of Document ASSURANCES Number of Original /_ (3 COr1t-Wu G fi
dyl
Attached Documents Attached CO 3
PO number or account ,
number if document is C av $4'KC*64
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. (Ini ial) Applicable)
1. Does the document require the chairman's original signature STAMP OK
2. Does the document need to be sent to another agency for additional signatures? If yes, /"///r1_
provide the Contact Information (Name;Agency;Address;Phone)on an attached sheet. f'�
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A(Insert
Office and all other parties except the BCC Chairman and the Clerk to the Board N/A unless
changes
made after
publication)
5. The Chairman's signature line date has been entered as the date of BCC approval of the �.
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
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A(insert N/A
should be provided to the County Attorney Office at the time the item is input into SIRE. unless an
ordinance)
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. I l..n-C- l (e �o1CJf�<y , this line.
9. Initials of attorney verifying that the attached document is the version approved by the ( N/A is not
BCC, all changes directed b the BCC have been made,and the documg,t is ready for the an option for
Chairman's t--{-P( j r� )( this line.
C�� �� � t-% C1--k C.�1C.�(ZC-�. � f J
06 066 ( cocct ADaJca -t-ra C+,cti.rt?
1 6 D
ASSURANCES - CONSTRUCTION PROGRAMS OMB Number:4040-0009
Expiration Date:02/28/2022
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0042),Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT
AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional
assurances. If such is the case, you will be notified.
As the duly authorized representative of the applicant:, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance, 8. Will comply with the Intergovernmental Personnel Act
and the institutional, managerial and financial capability of 1970(42 U.S.C. §§4728-4763)relating to prescribed
(including funds sufficient to pay the non-Federal share standards of merit systems for programs funded
of project costs)to ensure proper planning, under one of the 19 statutes or regulations specified in
management and completion of project described in Appendix A of OPM's Standards for a Merit System of
this application. Personnel Administration(5 C.F.R. 900, Subpart F).
2. Will give the awarding agency,the Comptroller General 9. Will comply with the Lead-Based Paint Poisoning
of the United States and, if appropriate,the State, Prevention Act(42 U.S.C. §§4801 et seq.)which
the right to examine all records, books, papers, or prohibits the use of lead-based paint in construction or
documents related to the assistance; and will establish rehabilitation of residence structures.
a proper accounting system in accordance with
generally accepted accounting standards or agency 10. Will comply with all Federal statutes relating to non-
directives. discrimination.These include but are not limited to: (a)
Title VI of the Civil Rights Act of 1964(P.L.88-352)
3. Will not dispose of, modify the use of,or change the which prohibits discrimination on the basis of race,
terms of the real property title or other interest in the color or national origin; (b)Title IX of the Education
site and facilities without permission and instructions Amendments of 1972, as amended (20 U.S.C. §§1681
from the awarding agency.Will record the Federal 1683, and 1685-1686),which prohibits discrimination
awarding agency directives and will include a covenant on the basis of sex; (c)Section 504 of the
in the title of real property acquired in whole or in part Rehabilitation Act of 1973, as amended(29)U.S.C.
with Federal assistance funds to assure non- §794),which prohibits discrimination on the basis of
discrimination during the useful life of the project. handicaps; (d)the Age Discrimination Act of 1975, as
4. Will comply with the requirements of the assistance amended(42 U.S.C. §§6101-6107),which prohibits
awarding agency with regard to the drafting, review and discrimination on the basis of age; (e)the Drug Abuse
approval of construction plans and specifications. Office and Treatment Act of 1972(P.L. 92-255), as
amended relating to nondiscrimination on the basis of
5. Will provide and maintain competent and adequate drug abuse; (f)the Comprehensive Alcohol Abuse and
engineering supervision at the construction site to Alcoholism Prevention,Treatment and Rehabilitation
ensure that the complete work conforms with the Act of 1970(P.L. 91-616), as amended, relating to
approved plans and specifications and will furnish nondiscrimination on the basis of alcohol abuse or
progressive reports and such other information as may be alcoholism; (g)§§523 and 527 of the Public Health
required by the assistance awarding agency or State. Service Act of 1912(42 U.S.C. §§290 dd-3 and 290 ee
3), as amended, relating to confidentiality of alcohol
6. Will initiate and complete the work within the applicable and drug abuse patient records; (h)Title VIII of the
time frame after receipt of approval of the awarding agency. Civil Rights Act of 1968(42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale,
7. Will establish safeguards to prohibit employees from
using their positions for a purpose that constitutes or rental nondiscriminationo financing r housing;s the any other
presents the appearance of personal or organizational provisions in specific statue(s)
conflict of interest, personal gain. under which application for Federal assistance is being
made; and(j)the requirements of any other
nondiscrimination statue(s)which may apply to the
application.
Previous Edition Usable Authorized for Local Reproduction Standard Form 424D(Rev.7-97)
Prescribed by OMB Circular A-102
1 60 7
11. Will comply, or has already complied,with the Federal actions to State(Clean Air)implementation
requirements of Titles II and III of the Uniform Relocation Plans under Section 176(c)of the Clean Air Act of
Assistance and Real Property Acquisition Policies Act of 1955, as amended(42 U.S.C. §§7401 et seq.); (g)
1970(P.L. 91-646)which provide for fair and equitable protection of underground sources of drinking water
treatment of persons displaced or whose property is under the Safe Drinking Water Act of 1974,as
acquired as a result of Federal and federally-assisted amended (P.L. 93-523); and, (h)protection of
programs.These requirements apply to all interests in real endangered species under the Endangered Species
property acquired for project purposes regardless of Act of 1973, as amended (P.L. 93-205).
Federal participation in purchases.
16. Will comply with the Wild and Scenic Rivers Act of
12. Will comply with the provisions of the Hatch Act(5 U.S.C. 1968(16 U.S.C. §§1271 et seq.)related to protecting
§§1501-1508 and 7324-7328)which limit the political components or potential components of the national
activities of employees whose principal employment wild and scenic rivers system.
activities are funded in whole or in part with Federal funds.
17. Will assist the awarding agency in assuring compliance
13. Will comply, as applicable,with the provisions of the Davis- with Section 106 of the National Historic Preservation
Bacon Act(40 U.S.C. §§276a to 276a-7),the Copeland Act Act of 1966, as amended(16 U.S.C. §470), EO 11593
(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract (identification and protection of historic properties), and
Work Hours and Safety Standards Act(40 U.S.C. §§327- the Archaeological and Historic Preservation Act of
333)regarding labor standards for federally-assisted 1974(16 U.S.C. §§469a-1 et seq).
construction subagreements.
18. Will cause to be performed the required financial and
14. Will comply with flood insurance purchase requirements of compliance audits in accordance with the Single Audit
Section 102(a)of the Flood Disaster Protection Act of 1973 Act Amendments of 1996 and OMB Circular No.A-133,
(P.L. 93-234)which requires recipients in a special flood "Audits of States, Local Governments, and Non-Profit
hazard area to participate in the program and to purchase Organizations."
flood insurance if the total cost of insurable construction
and acquisition is$10,000 or more. 19. Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations, and policies
15. Will comply with environmental standards which may be governing this program.
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National 20. Will comply with the requirements of Section 106(g)of
Environmental Policy Act of 1969(P.L. 91- the Trafficking Victims Protection Act(TVPA)of 2000, as
190)and Executive Order(EO) 11514; (b)notification amended(22 U.S.C. 7104)which prohibits grant award
of violating facilities pursuant to EO 11738; (c) recipients or a sub-recipient from (1) Engaging in severe
protection of wetlands pursuant to EO 11990; (d) forms of trafficking in persons during the period of time
evaluation of flood hazards in floodplains in accordance that the award is in effect(2)Procuring a commercial
with EO 11988; (e)assurance of project consistency sex act during the period of time that the award is in
with the approved State management program effect or(3) Using forced labor in the performance of the
developed under the Coastal Zone Management Act of award or subawards under the award.
1972(16 U.S.C. §§1451 et seq.); (f)conformity of
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
L;d1111 ("flat(pe 6a(
APPLICANT O GANIZATION / C' DATE SUBMITTED
LU 1 (Lca.0 Ora cell t 122., k
SF-424D(Rev.7-97)Back
^^ ' CPI" Approved as to form and legality
I S"I'AL K. klgZE CLERK
Assn, t County Atmn it
Attes,t airman's
•
Astute•Old
{
CDBG Program
1 6 D 7
ASSURANCES - CONSTRUCTION PROGRAMS OMB Number:4040-0009
Expiration Date:02/28/2022
Public reporting burden for this collection of information is estimated to average 15 minutes per response,including time for reviewing
instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of
information.Send comments regarding the burden estimate or any other aspect of this collection of Information,including suggestions for
reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0042),Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT
AND BUDGET. SEND iT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. if you have questions,please contact the
Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional
assurances. If such is the case, you will be notified.
As the duly authorized representative of the applicant:, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance, 8. Will comply with the intergovernmental Personnel Act
and the institutional,managerial and financial capability of 1970(42 U.S.C.§§4728-4763)relating to prescribed
(including funds sufficient to pay the non-Federal share standards of merit systems for programs funded
of project costs)to ensure proper planning, under one of the 19 statutes or regulations specified in
management and completion of project described in Appendix A of OPM's Standards for a Merit System of
this application. Personnel Administration(5 C.F.R.900,Subpart F).
2. Will give the awarding agency,the Comptroller General 9. Will comply with the Lead-Based Paint Poisoning
of the United States and,if appropriate,the State, Prevention Act(42 U.S.C, §§4801 et seq.)which
the right to examine all records,books, papers,or prohibits the use of lead-based paint in construction or
documents related to the assistance;and will establish rehabilitation of residence structures.
a proper accounting system in accordance with
generally accepted accounting standards or agency 10. Will comply with all Federal statutes relating to non-
directives. discrimination. These include but are not limited to: (a)
Title VI of the Civil Rights Act of 1964(P.L.88-352)
3. Will not dispose of,modify the use of,or change the which prohibits discrimination on the basis of race,
terms of the real property title or other interest in the color or national origin; (b)Title IX of the Education
site and facilities without permission and instructions Amendments of 1972, as amended(20 U.S.G.§§1681
from the awarding agency. Will record the Federal 1683,and 1685-1686),which prohibits discrimination
awarding agency directives and will include a covenant on the basis of sex;(c)Section 504 of the
in the title of real property acquired in whole or in part Rehabilitation Act of 1973,as amended(29)U.S.C.
with Federal assistance funds to assure non- §794),which prohibits discrimination on the basis of
discrimination during the useful life of the project. handicaps;(d)the Age Discrimination Act of 1975,as
4. Will comply with the requirements of the assistance amended(42 U.S.C,§§6101-6107),which prohibits
awarding agency with regard to the drafting, review and discrimination on the basis of age; (e)the Drug Abuse
approval of construction plans and specifications. Office and Treatment Act of 1972(P.L. 92-255),as
amended relating to nondiscrimination on the basis of
5. Will provide and maintain competent and adequate drug abuse;(f)the Comprehensive Alcohol Abuse and
engineering supervision at the construction site to Alcoholism Prevention,Treatment and Rehabilitation
ensure that the complete work conforms with the Act of 1970(P.L.91-616),as amended,relating to
approved plans and specifications and will furnish nondiscrimination on the basis of alcohol abuse or
progressive reports and such other information as may be alcoholism;(g)§§523 and 527 of the Public Health
required by the assistance awarding agency or State. Service Act of 1912(42 U.S.C.§§290 dd-3 and 290 ea
6. Will initiate and complete the work within the applicable 3),as amended, relating to confidentiality of alcohol
time frame after receipt of approval of the awarding agency. Civilnd drug Rightsa Actuse of 1968nt records;42U.S.C. Title 1 sfeq.),
the
Act 1968(42 U.S .§§3601 et seq.),as
7. Will establish safeguards to prohibit employees from amended, relating to nondiscrimination in the sale,
using their positions for a purpose that constitutes or rental or financing of housing;(I)any other
presents the appearance of personal or organizational nondiscrimination provisions in the specific statue(s)
conflict of interest,or personal gain. under which application for Federal assistance is being
made;and(j)the requirements of any other
nondiscrimination statue(s)which may apply to the
application.
Previous Edition Usable Authorized for Local Reproduction Standard Form 424D(Rev.7-97)
Prescribed by OMB Circular A-102
1607
11. Will comply, or has already complied,with the Federal actions to State(Clean Air)implementation
requirements of Titles II and III of the Uniform Relocation Plans under Section 176(c)of the Clean Air Act of
Assistance and Real Property Acquisition Policies Act of 1955,as amended(42 U.S.C.§§7401 et seq.);(g)
1970(P.L. 91-646)which provide for fair and equitable protection of underground sources of drinking water
treatment of persons displaced or whose property is under the Safe Drinking Water Act of 1974,as
acquired as a result of Federal and federally-assisted amended(P.L.93-523); and,(h)protection of
programs.These requirements apply to all interests in real endangered species under the Endangered Species
property acquired for project purposes regardless of Act of 1973, as amended(P.L.93-205).
Federal participation in purchases.
16. Will comply with the Wild and Scenic Rivers Act of •
12. Will comply with the provisions of the Hatch Act(5 U.S.C. 1968(16 U.S.C.§§1271 et seq.)related to protecting •
§§1501 1508 and 7324-7328)which limit the political components or potential components of the national •
activities of employees whose principal employment wild and scenic rivers system. •
•
•
activities are funded in whole or in part with Federal funds. •
17. Will assist the awarding agency in assuring compliance
13. Will comply,as applicable,with the provisions of the Davis- with Section 106 of the National Historic Preservation
•
•
Bacon Act(40 U.S.C. §§276a to 276a-7),the Copeland Act Act of 1966,as amended(16 U.S.C.§470), EO 11593 •
(40 U.S.C.§276c and 18 U.S.C.§874),and the Contract (identification and protection of historic properties),and
Work Hours and Safety Standards Act(40 U.S.C. §§327- the Archaeological and Historic Preservation Act of
333)regarding labor standards for federally-assisted 1974(16 U.S.C.§§469a-1 et seq),
•
construction subagreements.
18, Will cause to be performed the required financial and
14. Will comply with flood insurance purchase requirements of compliance audits in accordance with the Single Audit
Section 102(a)of the Flood Disaster Protection Act of 1973 Act Amendments of 1996 and OMB Circular No.A-133,
(P.L.93-234)which requires recipients in a special flood "Audits of States, Local Governments,and Non-Profit
hazard area to participate in the program and to purchase Organizations."
flood insurance if the total cost of insurable construction
and acquisition is$10,000 or more. 19_ Will comply with all applicable requirements of all other
Federal laws,executive orders,regulations,and policies
15. Will comply with environmental standards which may be governing this program.
prescribed pursuant to the following: (a)institution of
environmental quality control measures under the National 20. Will comply with the requirements of Section 106(g)of
Environmental Policy Act of 1969(P.L.91- the Trafficking Victims Protection Act(TVPA)of 2000,as
190)and Executive Order(EO) 11514; (b)notification amended(22 U.S.C.7104)which prohibits grant award
of violating facilities pursuant to EO 11738; (c) recipients or a sub-recipient from(1)Engaging in severe
protection of wetlands pursuant to EO 11990; (d) forms of trafficking in persons during the period of time
evaluation of flood hazards in floodplains in accordance that the award is in effect(2)Procuring a commercial
with EO 11988;(e)assurance of project consistency sex act during the period of time that the award is in
with the approved State management program effect or(3)Using forced labor in the performance of the
developed under the Coastal Zone Management Act of award or subawards under the award.
1972(16 U.S.C.§§1451 et seq.);(t)conformity of
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
wiiie
c.-69-A-ill . . . 1
•
APPLICANT OR ANIZATION er•) DATE SUBMITTED
SF-4240(Rev.7-B7)Back
•
A.
� 'v}'. •fuk ' Approved as to form and legality' Y
fir+' �.[��% TpLK��IVZEL,CLERK
u:' n
`;. ttC�f t• liaif'• s As tuns Cotmty Aitur
,�
k,•. ; tf�'�' tti :6i. ' "
HOME Program
1607
ASSURANCES-CONSTRUCTION PROGRAMS OMB Number:4040-0009
Expiration Date:02/28/2022
Public reporting burden for this collection of information is estimated to average 15 minutes per response,including time for reviewing
instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of
information.Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0042),Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT
AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
Certain of these assurances maynot be applicable toyour project or program.Ifyou havequestions,please contact the
NOTE: PP P 9
Awarding Agency. Further,certain Federal assistance awarding agencies may require applicants to certify to additional •
•
assurances. If such is the case,you will be notified.
•
As the duly authorized representative of the applicant:, I certify that the applicant: •
1. Has the legal authority to apply for Federal assistance, 8. Will comply with the intergovernmental Personnel Act
and the institutional,managerial and financial capability of 1970(42 U.S.C.§§4728-4763)relating to prescribed
(including funds sufficient to pay the non-Federal share standards of merit systems for programs funded
of project costs)to ensure proper planning, under one of the 19 statutes or regulations specified in
management and completion of project described in Appendix A of OPM's Standards for a Merit System of
this application. Personnel Administration(5 C.F.R. 900,Subpart F). •
2. Will give the awarding agency,the Comptroller General 9. Will comply with the Lead-Based Paint Poisoning
of the United States and, if appropriate,the State, Prevention Act(42 U.S.C. §§4801 et seq.)which
the right to examine all records,books, papers,or prohibits the use of lead-based paint in construction or
documents related to the assistance; and will establish rehabilitation of residence structures.
a proper accounting system in accordance with
generally accepted accounting standards or agency 10. Will comply with all Federal statutes relating to non-
directives. discrimination.These include but are not limited to:(a)
Title VI of the Civil Rights Act of 1964(P.L.88-352)
3. Will not dispose of,modify the use of,or change the which prohibits discrimination on the basis of race,
terms of the real property title or other interest in the color or national origin;(b)Title IX of the Education
site and facilities without permission and instructions Amendments of 1972,as amended(20 U.S.C.§§1681
from the awarding agency.Will record the Federal 1683,and 1685-1686),which prohibits discrimination
awarding agency directives and will include a covenant on the basis of sex; (c)Section 504 of the
in the title of real property acquired in whole or in part Rehabilitation Act of 1973, as amended(29)U.S.C.
with Federal assistance funds to assure non- §794),which prohibits discrimination on the basis of
discrimination during the useful life of the project. handicaps;(d)the Age Discrimination Act of 1975,as
4. Will comply with the requirements of the assistance amended(42 U.S.C.§§6101-6107),which prohibits
awarding agency with regard to the drafting,review and discrimination on the basis of age;(e)the Drug Abuse
approval of construction plans and specifications.
Office and Treatment Act of 1972(P.L.92-255),as
amended relating to nondiscrimination on the basis of
5. Will provide and maintain competent and adequate drug abuse; (f)the Comprehensive Alcohol Abuse and
engineering supervision at the construction site to Alcoholism Prevention,Treatment and Rehabilitation
ensure that the complete work conforms with the Act of 1970(P.L, 91-616),as amended, relating to
approved plans and specifications and will furnish nondiscrimination on the basis of alcohol abuse or
progressive reports and such other information as may be alcoholism; (g)§§523 and 527 of the Public Health
required by the assistance awarding agency or State. Service Act of 1912(42 U.S.C.§§290 dd-3 and 290 ee
3),as amended, relating to confidentiality of alcohol
6. Will initiate and complete the work within the applicable and drug abuse patient records;(h)Title VIII of the
time frame after receipt of approval of the awarding agency. Civil Rights Act of 1968(42 U,S.C.§§3601 et seq.),as
7. Will establish safeguards to prohibit employees from amended,relating to nondiscrimination in the sale,
rental or financing of housing;(i)any other
using their positions for a purpose that constitutes or nondiscrimination provisions in the specific statue(s)
presents the appearance of personal or organizational under which application for Federal assistance is being
conflict of interest,or personal gain. made;and(j)the requirements of any other
nondiscrimination statue(s)which may apply to the
application.
Previous Edition Usable Authorized for Local Reproduction Standard Form 424D(Rev.7-97)
Prescribed by OMB CircularA-102
16
11. Will comply,or has already complied,with the Federal actions to State(Clean Air)implementation
requirements of Titles II and III of the Uniform Relocation Plans under Section 176(c)of the Clean Air Act of
Assistance and Real Property Acquisition Policies Act of 1955,as amended(42 U.S.C.§§7401 et seq.);(g)
1970(P.L.91-646)which provide for fair and equitable protection of underground sources of drinking water
treatment of persons displaced or whose property is under the Safe Drinking Water Act of 1974,as
acquired as a result of Federal and federally-assisted amended(P.L.93-523);and,(h)protection of
programs.These requirements apply to all interests In real endangered species under the Endangered Species
property acquired for project purposes regardless of Act of 1973, as amended(P.L.93-205).
Federal participation in purchases.
12. Will comply with the provisions of the Hatch Act(5 U.S.C. 16. Will comply with the Wild and Scenic Rivers Act of
§§1501-1508 and 7324-7328)which limit the political 1968(16 U.S.C.§§1271 et seq.)related to protecting
activities of employees whose principal employment componentsdscenic rivers potential components of the national
activities are funded in whole or in part with Federal funds, wild and rivers system.
13. Will comply,as applicable,with the provisions of the Davis- 17. Will assist the awarding agency in assuring compliance
with Section 106 of the National Historic Preservation
Bacon Act(40 U.S.C,§§276a to 276a-7),the Copeland Act
(40 U.S.C.§276c and 18 U.S.C. §874),and the Contract Act of 1966, as amended(16 U.S.C.§470), EO 11593
Work Hours and Safety Standards Act(40 U.S.C. §§327- t(identification ArchaeologicalandprotectiondHistoric o historic Preservation Aies),and
333)regarding labor standards for federally-assisted 1974he and Act of
construction subagreements. (16 U.S.C. §§469a 1 et seq).
14. Will comply with flood insurance purchase requirements of 18. Will cause to be performed the required financial and
Section 102(a)of the Flood Disaster Protection Act of 1973 compliance audits in accordance with the SingleNo.Audit
Act Amendments of 1996 and OMB Circlar No.
(P.L, 93-234)which requires recipients in a special flood u A 133,
hazard area to participate in the program and to purchase "Audits of States, Local Governments,and Non-Profit •
flood insurance if the total cost of insurable construction Organizations."
and acquisition is$10,000 or more. 19. Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations,and policies
15. Will comply with environmental standards which may beg
prescribed pursuant to the following: (a)institution of governing this program.
environmental quality control measures under the National 20. Will comply with the requirements of Section 106(g)of
Environmental Policy Act of 1969(P.L.91- the Trafficking Victims Protection Act(TVPA)of 2000,as
190)and Executive Order(EO) 11514;(b)notification amended(22 U.S.C.7104)which prohibits grant award
of violating facilities pursuant to EO 11738;(c) recipients or a sub-recipient from(1)Engaging in severe
protection of wetlands pursuant to EO 11990; (d) forms of trafficking in persons during the period of time
evaluation of flood hazards in floodplains in accordance that the award is in effect(2)Procuring a commercial
with EO 11988;(e)assurance of project consistency sex act during the period of time that the award is in
with the approved State management program effect or(3)Using forced labor in the performance of the
developed under the Coastal Zone Management Act of award or subawards under the award.
1972(16 U.S.C. §§1451 et seq.); (f)conformity of
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
(1.frIA l(peC5
(0 aa a�
APPLICANT OR ANIZATION DATE SUBMITTED
op:_p
alfre.(ehtifiK/Oatti Odtilly &aft
SF-424D(Rev.7-97)Back
At 97) •,,r,} •
,,y l�fYSTA.b NZ L,CLERK Approved as to form and legality
Asp tint County A t le
l�tCS't' ;t0 Chairman's y
e:,> �I(11 Whitt only.
1'
•
ESG Program
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO DI
�{
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. Catherine Sherman Community and Human CS 9.23.21
Services
2. County Attorney Office—JAB County Attorney Office
3. BCC Office Board of County ,
Commissioners , i� p))
4. Minutes and Records Clerk of Court's Office 5 P I J
2".°4114
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 addressee
above,may need to contact staff for additional or missing information.
Name of Primary Staff Catherine Sherman/CHS Phone Number 252-1425
Contact/ Depai Intent
Agenda Date Item was June 22,2021 Agenda Item Number 16.D.7
Approved by the BCC
Type of Document See attached Inventory List with instructions Number of Original 24- See attached
Attached of documents from this agenda item that are Documents Attached
attached for signature.
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 CS
2. Does the document need to be sent to another agency for additional signatures? If yes, NA
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 CS
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the CS
document or the fmal negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CS
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip CS
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 CS 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 CS N/A is not
BCC,all changes directed by the BCC have been made, and the document is ready for the an option for
Chairman's signature. this line.
Documents included for signature are as follows:
! 6D / -
Document Type/Title Copy
Count
CDBG Sub-recipient Agreement for Sunrise—Shelter to Thrive 3
4/ CDBG Sub-recipient Agreement for Sunrise—Free to Be Me Program 3
7/ CDBG Sub-recipient Agreement for CCHA—HVAC Installation 3
CDBG Sub-recipient Agreement for CCHA—Rental Acquisition 3
V CDBG Sub-recipient Agreement for Shelter for Abused Women& Children—Security 3
JEnhancement
CDBG Sub-recipient Agreement for Legal Aid—Victim Services 3
j
CDBG Sub-recipient Agreement for Project HELP—Forensic and Mental Health Mobile Unit 3
ESG Sub-recipient Agreement for Shelter for Abused Women and Children—Emergency3
Operations
Please contact Catherine Sherman at ex. 1425 for pick-up once all signatures have been
provided.
Thank you!
16D7=
MEMORANDUM
Date: October 5, 2021
To: Catherine Sherman, Grants Coordinator
Community & Human Services
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: Agreement between Collier County
Legal Aid Service of Broward County, Inc. d/b/a Legal Aid
Service of Collier'County
Enclosed please find two (2) original of each document referenced above
(Agenda Item #16D7), approved by the Board of County Commissioners on
Tuesday, June 22, 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 252-7240.
Thank you.
Enclosures
1 607 -
FAIN# B-21-UC-12-0016
Federal Award Date October 1,2021
Federal Award Agency HUD
CFDA Name Community
Development Block
Grant
CFDA/CSFA# 14.218
Total Amount of Federal $158,351.17
Funds Awarded
Subrecipient Name Legal Aid Service of
Broward County,Inc
d/b/a Legal Aid Service
of Collier County
DUNS# 844481478
FEIN 59-1547191
R&D NA
Indirect Cost Rate NA
Period of Performance 10/1/2021-09/30/2022
Fiscal Year End 12/31
Monitor End: 12/2022
AGREEMENT BETWEEN COLLIER COUNTY
AND
LEGAL AID SERVICE OF BROWARD COUNTY,INC.
D/B/A LEGAL AID SERVICE OF COLLIER COUNTY
CDBG Grant Program—Public Services
THIS AGREEMENT is made and entered into this+ day ofid U)& 20 \, by and between Collier
County, a political subdivision of the State of Florida, (COUNTY)having its principal address at 3339 E
Tamiami Trail,Naples FL 34112,and Legal Aid Service of Broward County,Inc. d/b/a Legal Aid Service
of Collier County (SUB RECIPIENT), a private non-profit organization having its principal office at 4436
Tamiami Trail East,Naples,FL 34112.
WHEREAS,the COUNTY has entered into an Agreement with the United States Department of
Housing and Urban Development(HUD)for a grant for the execution and implementation of a Community
Development Block Grant(CDBG) Program in certain areas of Collier County, pursuant to Title I of the
Housing and Community Development Act of 1974(as amended);and
WHEREAS,the Board of County Commissioners of Collier County(Board)approved the Collier
County Consolidated Plan — One-year Action Plan for Federal Fiscal Year 2021-2022 for the CDBG
Program with Resolution 2021-131 on June 22,2021 —Agenda ItemUo•t);land
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans,the COUNTY advertised the 2021-2022 Annual
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Action Plan,on May 1, 2021,with a 30-day Citizen Comment period from May 1, 2021 to June 1,2021;
and
WHEREAS,the SUBRECIPIENT has submitted a proposal for participation in the Collier County
CDBG program;and
WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in undertaking the CDBG project—(PS21-01)Legal Services to Victims Project.
NOW,THEREFORE,in consideration of the mutual benefits contained herein,it is agreed by the
Parties as follows:
PART I
SCOPE OF WORK
The SUBRECIPIENT shall,in a satisfactory and proper manner and consistent with any standards required
as a condition of providing CDBG assistance as provided herein and, as determined by Collier County
Community and Human Services(CHS) Division,perform the tasks necessary to conduct the program as
follows:
Project Name: Legal Services to Victims
Description of project and outcome: CHS, as an administrator of the CDBG program, will make
available FY 2021-2022 CDBG funds up to the gross amount of$158,351.17 to Legal Aid of
Collier County to fund salary,payroll taxes,and fringe benefits for staff to deliver legal services to
victims of domestic violence, sexual assault, dating violence, repeat violence, child abuse, elder
abuse,and other abuses.
Project Component One:Funding costs including salary,payroll taxes,and fringe benefits for one
FTE Paralegal(1.0), one FTE Attorney(1.0),and one part-time Attorney(.56); for the delivery of
legal services to victims.
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty(60) calendar days of the execution of this Agreement,the SUBRECIPIENT
must deliver, to CHS for approval, a detailed project schedule for the completion of the
project,excluding Public Service projects.
B. The following resolutions and policies must be submitted within sixty (60) days of this
Agreement:
Affirmative Fair Housing Policy
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• Affirmative Action/Equal Opportunity Policy
• Conflict of Interest Policy
❑ Procurement Policy
❑ Uniform Relocation Act Policy
• Sexual Harassment Policy
▪ Section 3 Policy
Section 504/ADA Policy
• Fraud,Waste,and Abuse Policy
• Language Assistance and Planning Policy(LAP)
• Violence Against Women Act(VAWA)Policy
• LGBTQ Policy
C. Environmental Review Requirement (ERR) -No program costs can be incurred until an
environmental review of the proposed project is completed and approved. Further, the
SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance
of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the
denial of any reimbursement of funds under this Agreement.
D. Annual Subrecipient Training—
All SUBRECIPIENT staff assigned to the administration and implementation of the
Project established by this Agreement shall attend the CHS-sponsored Annual
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,in writing,at least 14 days,prior to
the training.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Description Federal Amount
Project Component 1: Funding costs including salary, payroll taxes, and fringe $158,351.17
benefits for one FTE Paralegal (1.0), one FTE Attorney (1.0), and one part-time
Attorney(.56);for the delivery of legal services to victims.
Total Federal Funds: $158,351.17
The SUBRECIPIENT will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
Maintain beneficiary income certification documentation,and provide to the COUNTY as
requested
Maintain and provide National Objective Documentation
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• Provide Quarterly Reports on National Objective and project progress
• Ensure attendance by a representative from executive management at scheduled
partnership meetings,as requested by CHS
❑ Ensure attendance by SUBRECIPIENT and General Contractor at Pre-Construction
meetings,prior to SUBBRECIPIENT issuance of Notice to Proceed(NTP)
❑ Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation
❑ Identify Lead Project Manager
❑ Provide Site Design and Specifications
❑ Comply with Davis-Bacon Labor Standards
• Comply with Section 3 and maintain documentation
❑ Provide certified payroll weekly throughout construction and rehabilitation
❑ Comply with Uniform Relocation Act(URA),if necessary
❑ Ensure applicable numbers of units are Section 504/ADA accessible
❑ Ensure the applicable continued use period for the project is met
B. National Objective
The CDBG program funds awarded to Collier County must benefit low-moderate income persons
(LMI). As such, the SUBRECIPIENT shall ensure that all activities and beneficiaries meet the
definition of:
❑ LMA—Low/Mod Area Benefit
• LMC—Low/Mod Clientele Benefit
❑ LMH—Low/Mod Housing Benefit
❑ LMJ—Low/Mod Job Benefit
LMA: Must document where at least 51 percent of the residents are LMI persons, based
on HUD determined eligible census tracts. Failure to achieve the national objective under this
Agreement will require repayment of the CDBG investment under this Agreement.
LMC: Must document that at least 51 percent of persons served, are low- to moderate-
income persons or households,in order to meet a CDBG National Objective.Failure to achieve the
national objective under this Agreement will require repayment of the CDBG investment under this
Agreement.
LMH: Must document providing or improving permanent residential structures, which
upon completion will be occupied by LMI households. Structures with three or more units must
contain at least 51 percent occupied by LMI households, and structures with less than three units
must be occupied by 100 percent LMI households.Failure to achieve the national objective under
this Agreement will require repayment of the CDBG investment under this Agreement.
LMJ: Must document job creation and retention. The LMI benefit national objective
addresses activities designed to create or retain permanent jobs, at least 51 percent of which
(computed on a full-time equivalent basis) will be made available to or held by LMI persons.
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Failure to achieve the national objective under this Agreement will require repayment of the CDBG
investment under this Agreement.
C. Performance Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Special Grant Condition Policies Policies as stated in this Within sixty(60)days of
(Section 1.1) Agreement Agreement execution
Insurance Insurance Certificate Within 30 days of Agreement
execution and Annually within
thirty(30)days of renewal
Detailed Project Schedule Project Schedule Not Applicable
Project Plans and Specifications Site Plans and Specifications Not Applicable
Subcontractor Log Subcontractor Log Not Applicable
Progress Report Exhibit C Quarterly reports.within 10
days following the end of the
quarter.Annually after closeout.
Section 3 Report Quarterly report of new hire Quarterly;within 10 days
information following the end of the quarter.
Annually after closeout.
Davis-Bacon Act Certified Weekly Certified Payroll Not Applicable
Payroll reports,forms,and supporting
documentation
Annual Audit Monitoring Exhibit E Annually,within 60 days after
Report then end of the FY end
Financial and Compliance Audit Audit,Management Letter,and Annually:nine(9)months after
Supporting Documentation FY end for Single Audit OR one
hundred eighty(180)days after
FY end
Continued Use Certification Continued Use Affidavit, if Not Applicable
applicable
Capital Needs Assessment Plan Plan approved by the COUNTY Not Applicable
Program Income Reuse Plan Plan Approved by the COUNTY Not Applicable
D. Payment Deliverables
Payment Deliverable Payment Supporting Documentation Submission Schedule
Funding costs including salary, Submission of monthly invoices and Submission of
payroll taxes,and fringe benefits backup as evidence by invoice, monthly invoices,
for one FTE Paralegal(1.0),one timesheets/payroll registers,check stubs, within 30 days of the
FTE Attorney(1.0),and one part- banking documents,Exhibit B, and any prior month.
time Attorney(.56);for the additional documentation as requested.
delivery of legal services to
victims. 10%retainage request released upon final
monitoring clearance and meeting the
National Objective.
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Final 10 percent of award amount will be paid upon completion of final monitoring clearance and
documentation of meeting the National Objective.Failure by the SUBRECIPIENT to achieve the National
Objective will require repayment of the CDBG investment under this Agreement.
1.3 PERIOD OF PERFORMANCE
SUBRECIPIENT services shall begin on October 1,2021 and shall end on September 30,2022.
The County Manager or designee may extend the term of this Agreement for a period of up to 180
days after the end of the Agreement.Extensions must be authorized, in writing,by formal letter to
the SUBRECIPIENT.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available ONE HUNDRED AND FIFTY-EIGHT THOUSAND,
THREE HUNDRED AND FIFTY ONE DOLLARS AND SEVENTEEN CENTS ($158,351.17)
for use by the SUBRECIPIENT,during the term of the Agreement(hereinafter,shall be referred to
as the"Funds").
Modification to the"Budget and Scope"may only be made if approved in advance.Budgeted fund
shifts among line items shall not be more than 10 percent of the total funding amount and shall not
signify a change in scope.Fund shifts that exceed 10 percent of the Agreement amount shall only
be made with Board of County Commissioners(Board)approval.
The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible
costs;and all disbursement requests must be limited to the amount needed at the time of the request.
SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred
during the term of this Agreement. Invoices for work performed are required every month. If no
work has been performed during that month,or if SUBRECIPIENT is not yet prepared to send the
required backup,a$0 invoice is required.Explanations may be required if two consecutive months
of$0 invoices are submitted.Payments shall be made to the SUBRECIPIENT,when requested,as
work progresses but not more frequently than once per month. Reimbursement will not occur if
SUBRECIPIENT fails to perform the minimum level of service required by this Agreement.
Final invoices are due no later than 90 days after the end of the Agreement.Work performed during
the term of the program but not invoiced within 90 days after the end of the Agreement may not be
processed without written authorization from the Grant Coordinator.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requirements, including timely submission of Performance
Deliverables contained in Section 1.2.C. Late submission of deliverables may cause payment
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suspension of any open pay requests until the required deliverables are received by CHS. Except
where disputed for noncompliance, payment will be made upon receipt of a properly completed
invoice, and in compliance with §218.70, Florida Statutes, otherwise known as the "Local
Government Prompt Payment Act."
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 the 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 may only incur direct costs that may be attributed
specifically to the project(s)referenced above,as defined in 2 CFR 200.413.The SUBRECIPIENT
must provide adequate documentation for validating costs incurred. Payments to
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
Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles.A Developer is
not subject to 2 CFR Subpart E; however,the COUNTY is subject to 2 CFR Subpart E and may
impose requirements upon the Developer, to remain compliant with COUNTY's obligation to
follow 2 CFR Subpart E.The Developer will use adequate internal controls and maintain necessary
source documentation for all costs incurred and adhere to any other accounting requirements
included in this Agreement.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier,personal delivery, or sent by facsimile or other electronic means. Any notice
delivered or sent as aforesaid shall be effective on the date of delivery or sending.All notices and
other written communications under this Agreement shall be addressed to the individuals in the
capacities indicated below,unless otherwise modified by subsequent written notice.
COLLIER COUNTY A FI bNTION: Catherine Sherman,Grant Coordinator
Collier County Government
Community and Human Services Division
3339 E Tamiami Trail,Suite 211
Naples,Florida 34112
Email: Catherine.Sherman@a,colliercountyfl.gov
Telephone: (239)252-1425
SUBRECIPIENT ATTENTION:Jeff Ahren,Director of Development
Legal Aid Service of Broward County,Inc.d/b/a Legal Aid Service of
Collier County
4436 Tamiami Trail East
Naples,Florida 34112
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Email:jahren@legalaid.org
Telephone: (239)298-8130
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PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
At any time during normal business hours and as often as the COUNTY(and/or its representatives)
may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit all
records,documentation, and any other data relating to all matters covered by the Agreement.
SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its
receipt of the report. SUBRECIPIENT's failure to comply with the above audit requirements will
constitute a violation of this Agreement and may result in the withholding of future payments.
SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with
current COUNTY policy concerning Subrecipient audits 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
The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to
determine compliance with the requirements of this Agreement,the CDBG Program,and all other
applicable laws and regulations. This documentation shall include but is not limited to, the
following:
A. All records required by CDBG regulations.
B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily
would be required by the COUNTY in order to perform the service.
C. 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
procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this
Agreement. Materials identified in the previous sentence shall be in accordance with
generally accepted accounting principles (GAAP), procedures, and practices, which
sufficiently and properly reflect all revenues and expenditures of funds provided directly
or indirectly by this Agreement, 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.
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D. Upon completion of all work contemplated under this Agreement,copies of all documents
and records relating to this Agreement shall be surrendered to CHS, if requested. In any
event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a
readily accessible, permanent, and secured location for three (3) years after the date of
submission of 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, or audit
findings involving these records are resolved. If a SUBRECIPIENT ceases to exist after
the closeout of this Agreement,the COUNTY shall be informed,in writing,of the address
where the records are to be kept,as outlined in 2 CFR 200.337.The SUBRECIPIENT shall
meet all requirements for retaining public records and transfer,at no cost to COUNTY,all
public records in possession of the SUBRECIPIENT upon termination of the Agreement
and destroy any duplicate exempt or confidential public records that are exempt from
public records disclosure requirements.All records stored electronically must be provided
to the COUNTY in a format that is compatible with the COUNTY'S information
• technology systems.
IF SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832,
Michael.Cox(a colliercountvfl.gov, 3299 Tamiami Trail E, Naples
FL 34112.
E. SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Act of
1931, including files containing contractor payrolls, employee interviews, Davis-Bacon
wage rates,and administrative cross-referencing. SUBRECIPIENT shall maintain records
showing contractor compliance with the Contract Work Hours and Work Safety Law.
Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal
purchasing requirements and other federal requirements for grant implementation.
F. SUBRECIPIENT will be responsible for the creation and maintenance of income eligible
files on clients served, and documentation that all households are eligible under HUD
Income Guidelines. SUBRECIPIENT agrees that CHS shall be the final arbiter on the
SUBRECIPIENT's compliance.
G. SUBRECIPIENT shall document how compliance with the National Objective(s), as
defined in 24 CFR 570.208, and the eligibility requirement(s) under which funding has
been received were accomlished.This includes special requirements,such as necessary and
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appropriate determinations as defined in 24 CFR 570.208,income certification,and written
agreements with beneficiaries,where applicable.
H. SUBRECIPIENT shall provide the public with access to public records on the same terms
and conditions that the COUNTY would provide the records, and at a cost that does not
exceed the cost provided in Chapter 119,Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that 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. COUNTY agrees that nothing in this Agreement shall
be construed as requiring SUBRECIPIENT to give access to any personal identifying
information,which is protected by the Attorney-Client privilege or by the provisions of the
Rules of Professional Conduct of the Rules Regulating the Florida Bar relating to an
attorney's obligation to preserve the confidences or secrets of a client.
2.3 MONITORING
During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual
Audit Monitoring report(Exhibit D)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 eighty (180) days for
Subrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The
COUNTY will conduct an annual financial and programmatic review.
SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop
review of the activities may be conducted in lieu of an on-site visit. The continuation of this
Agreement •is dependent upon satisfactory evaluations. Upon request by CHS, the
SUBRECIPIENT shall submit information and status reports required by CHS or HUD,to enable
CHS to evaluate said progress and allow for completion of required reports.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 SUBRECIPIENT'S performance in an attempt to mitigate fraud,waste,
abuse, or non-performance, based on goals and performance standards as stated with all other
applicable laws, regulations, and policies governing the funds provided under this Agreement,
further defined by 2 CFR 200.332.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.
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2.4 PREVENTION OF FRAUD,WASTE,AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures necessary
to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this
Agreement, and to provide for the proper and effective management of all.Program and Fiscal
activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and
other significant events shall be clearly documented, and the documentation shall be readily
available for monitoring by COUNTY.
SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees,
and agents for the purpose of monitoring or investigating the performance of the Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent
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 to any
appropriate law enforcement authority,if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this Agreement.Penalties may be imposed for failure to implement or to make
acceptable progress on such corrective action plans.
To effectively enforce COUNTY Resolution No.2013-228,CHS has adopted an escalation policy
to ensure continued compliance by Subrecipients,Developers, or any entity receiving grant funds
from CHS.The escalation policy for noncompliance is as follows:
1. Initial noncompliance may result in COUNTY issuing Findings or Concerns to the
SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action
plan to CHS within 15 days following issuance of the report.
• Any pay requests that have been submitted to CHS for payment will be held
until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to
SUBRECIPIENT,as needed,in order to correct the noncompliance issue.
2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely
manner, the COUNTY may require a portion of the awarded grant funds be
returned to the COUNTY.
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• CHS may require upwards of 5 percent of the award amount be returned to the
COUNTY,at the discretion of the Board.
• The SUBRECIPIENT may be denied future consideration, as set forth in
Resolution No.2013-228.
3. If SUBRECIPIENT 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 CDBG investment for acquisition of the properties conveyed,to be
returned to the COUNTY.
• CHS may require upwards of 10 percent of the award amount to be returned
to the COUNTY,at the discretion of the Board.
• The SUBRECIPIENT will be considered in violation of Resolution No.2013-
228.
4. If after repeated notification, SUBRECIPIENT continues to be substantially
noncompliant,CHS may recommend the Agreement or award be terminated.
• CHS will make a recommendation to the Board to immediately terminate the
Agreement. SUBRECIPIENT will be required to repay all funds disbursed by
CHS for the terminated project. This includes the amount invested by the
COUNTY for the initial acquisition of properties or other activities.
• SUBRECIPIENT will be considered in violation of Resolution No.2013-228.
If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be
• noncompliant, the above sanctions may be imposed across all awards at the Board's
discretion.
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this Agreement,and on the resolution of monitoring findings identified pursuant to this
Agreement,as deemed necessary by the County Manager or designee.
During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the
COUNTY on the 10th day of January,April,July, and October,respectively, for the prior quarter
period end. As part of the report submitted in October, the SUBRECIPIENT 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
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goals and objectives set forth in Exhibit C,which contains an example reporting form to be used in
fulfillment of this requirement. Other reporting requirements may be required by the County
Manager or designee if the Program changes,the need for additional information or documentation
arises, and/or legislative amendments are enacted. Reports and/or requested documentation not
received by the due date shall be considered delinquent and may be cause for default and
termination of this Agreement.
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY,which consent,if given at all,shall be at the COUNTY's sole discretion and judgment.
3.2 GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants), including subpart K of these regulations, except that(1)
SUBRECIPIENT does not assume the COUNTY's environmental responsibilities described in 24
CFR 570.604; (2) SUBRECIPIENT does not assume the COUNTY's responsibility for initiating
the review process under the provisions of 24 CFR Part 52; (3) SUBRECIPIENT is required to
follow the federal procurement process; and (4) for Developers, revenue generated is not
considered program income.The CDBG program was funded through the Housing and Community
Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable
laws, regulations, and policies governing the funds provided under this Agreement. The
SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement
rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating
or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT
shall always remain an"independent contractor"with respect to the services to be performed under
this Agreement. The COUNTY shall be exempt from payment of all Unemployment
Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation
Insurance,as the SUBRECIPIENT is independent from the COUNTY.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a
duly authorized representative of each organization,and approved by the 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 for other reasons. If such
amendments result in a change in the funding,the scope of services,or schedule of the activities to
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be undertaken as part of this Agreement, such modifications will be incorporated only by written
amendment,signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from HUD CDBG grant funds and must be
implemented in full compliance with all of HUD's rules and regulations and any agreement
between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event
of curtailment or non-production of said federal funds,or the reduction of funds awarded by HUD
to the COUNTY, to a level determined by the County Manager to be insufficient to adequately
administer the project, the financial resources necessary to continue to pay the SUBRECIPIENT
all or any portion of the funds will not be available. In either event,the COUNTY may terminate
this Agreement,which shall be effective as of the date that it is determined by the County Manager
or designee, in his/her sole discretion and judgment,that the funds are no longer available. In the
event of such termination,the SUBRECIPIENT agrees that it will not look to,nor seek to hold the
COUNTY, nor any individual member of the County Commissioners and/or County
Administration, personally liable for the performance of this Agreement, and the COUNTY shall
be released from any further liability to SUBRECIPIENT under the terms of this Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law,the SUBRECIPIENT shall indemnify and hold
harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act or omission, including
but not limited to reasonable attorneys'and paralegals'fees,to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents,
officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any
persons acting under the direction, control, or supervision of the SUBRECIPIENT in the
performance of this Agreement. This indemnification obligation shall not be construed to negate,
abridge,or reduce any other rights or remedies,which otherwise may be available to an indemnified
party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses
of any nature whatsoever in connection therewith and shall defend all suits in the name of the
COUNTY and shall pay all costs(including attorney's fees)and judgments which may issue there-
on. This Indemnification shall survive the termination and/or expiration of this Agreement. This
section does not pertain to any incident arising from the sole negligence of COUNTY. The
foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits
set forth in Section 768.28,Florida Statutes.This section shall survive the expiration of termination
of this Agreement.
3.7 GRANTEE RECOGNITION/SPONSORSHIPS
SUBRECIPIENT agrees that all notices, informational pamphlets,press releases, advertisements,
descriptions of program sponsorships,research reports,and similar public notices,whether printed
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or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the
Program shall include the statement:
"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY
COMMUNITY AND HUMAN SERVICES DIVISION"
and shall appear in the same size letters or type as the name of SUBRECIPIENT. This design
concept is intended to disseminate key information to the general public regarding the development
team, as well as Equal Housing Opportunity. Construction signs shall comply with applicable
COUNTY codes.
3.8 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 for such
termination,the effective date,and in the case of partial terminations,the portion to be terminated.
However,in the case of a partial termination,if the COUNTY determines that the remaining portion
of the award will not accomplish the purpose for which the award was made,the COUNTY may
terminate the award in its entirety.This Agreement may also be terminated by the COUNTY,if the
award no longer effectuates the program goals or grantor agency priorities.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement, in compliance with 2 CFR 200,Appendix II(A):
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 the SUBRECIPIENT relating to the project.
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In the event of any default by SUBRECIPIENT under this Agreement,the COUNTY may seek any
combination of one or more of the following remedies, in compliance with 2 CFR 200, Appendix
II(B):
A. Require specific performance of the Agreement,in whole or in part.
B. Require the use of,or change in,professional property management.
C. Require SUBRECIPIENT to immediately repay to the COUNTY all CDBG funds received
under this Agreement.
D. Apply sanctions,if COUNTY determines them 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.
3.9 SUSPENSION AND DEBARMENT
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 an Federal Department or agency; and, that the SUBRECIPIENT 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.
3.10 REVERSION OF ASSETS
In the event of a termination of this Agreement and in addition to any and all other remedies
available to the COUNTY (whether under this Agreement, or at law, or in equity), the
SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of
termination(or expiration)and any accounts receivable attributable to the use of CDBG funds,per
24 CFR 570.503(b)(7).
The COUNTY's receipt of any funds on hand at the time of termination shall not waive the
COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the
funds or property, as the COUNTY may deem necessary.Regulations regarding real property are
subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7).
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3.11 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until
all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said
insurance shall be carried continuously during SUBRECIPIENT's performance under the
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, Cost Principles and Audit
Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the
Community Development Block Grant(24 CFR 570 et seq.).
3.13 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through
200.327)and Collier County's Procurement Ordinance#2017-08,as amended.Current purchasing
thresholds are:
Range: Competition Required
$0-$50,000 3 Written Quotes
$50,001+ Formal Solicitation(ITB,RFP,etc.)
In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall
provide a preference for the purchase,acquisition,or use of goods,products,or materials produced
in the United States.
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 200.323.
All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT
employees, or put out to competitive bidding, under a procedure acceptable to COUNTY and
Federal requirements. The SUBRECIPIENT shall enter into contracts for improvements with the
lowest, responsible, and qualified bidder. In accordance with 2 CFR 200.323, 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 200.323.Contract administration shall be conducted by the SUBRECIPIENT and monitored
by CHS,which shall have access to all records and documents related to the Project.
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3.14 PROGRAM GENERATED INCOME
No Program Income is anticipated.However,if Program Income is derived from the use of CDBG
funds disbursed under this Agreement, such Program Income shall be utilized by the
SUBRECIPIENT for CDBG-eligible activities approved by COUNTY. Any Program Income(as
such term is defined under applicable Federal regulations) gained from any activity of the
SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual
Program Income Re-use Plan, utilized by the SUBRECIPIENT accordingly, and shall be in
compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When
Program Income is generated by an activity that is only partially assisted by CDBG funds,
the income shall be prorated to reflect the percentage of CDBG funds used. If there is a
Program Income balance at the end of the Program Year, such balance shall revert to the
COUNTY's Community Block Grant Program,for further reallocation.
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 expiration
of the Agreement..Activities during this closeout period shall include,but are not limited to making
final payments; disposing of program assets (including the return of all unused materials,
equipment,program income balances,and receivable accounts to the COUNTY);and determining
the custodianship of records. In addition to the records retention outlined in Part 2.2, the
SUBRECIPIENT shall comply with Section 119.021, Florida Statutes, regarding records
maintenance,preservation,and retention.A conflict between state and federal 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 exceeding the amount SUBRECIPIENT is entitled to
under the terms and conditions of this Agreement must be refunded to the COUNTY.
SUBRECIPIENT shall also produce records and information complying with Section 215.97,
Florida Single Audit Act.Closeout procedures must take place in accordance with 2 CFR 200.344.
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, to the greatest extent feasible, eligible
business concerns located in or owned in substantial part by persons residing in the project areas
shall be awarded contracts in connection with the project.The SUBRECIPIENT shall comply with
Section 3 of the Housing and Community Development Act of 1968.
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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 that is 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 women's business enterprises,
in lieu of an independent investigation.
3.18 PROGRAM BENEFICIARIES
If the Agreement is meeting a National Objective through an LMI strategy, at least 51 percent of
the beneficiaries of a project funded through this Agreement must be low- and moderate- income
persons, or presumed to be low- to moderate- income persons based on applicable regulation.
Determination of income eligibility is based on the annual income of the family or household.This
Agreement conforms to the definition of Annual Income, per 24 CFR 570.3(1)(i), where Annual
income is defined under the Section 8 Housing Assistance Payments. Details for calculating the
Annual Income are contained in 24 CFR 5.609, with practical instructions contained in HUD
Handbook 4350.3,Chapter 5.
If the project is located in an entitlement city as defined by HUD, or serves beneficiaries
countywide,more than 30 percent of the beneficiaries directly assisted under this Agreement must
reside in unincorporated Collier County or in municipalities participating in the COUNTY's Urban
County Qualification Program. The project shall assist beneficiaries as defined above for the time
period designated in Exhibit C of this Agreement.
3.19 AFFIRMATIVE ACTION
The SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program
pursuant to the COUNTY's specifications,in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966. The SUBRECIPIENT shall submit a plan for an
Affirmative Action Program for approval prior to the award of funds. The Affirmative Action
Program will need to be updated throughout the continued use period and must be submitted to the
COUNTY within 60 days of any update/modification.
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3.20 CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ, who presently exercises any
functions or responsibilities in connection with the Project, has any personal financial interest,
direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner
or degree with the performance of this Agreement,and that no person having any conflict of interest
shall be employed by or subcontracted by SUBRECIPIENT.The SUBRECIPIENT covenants that
it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest," 2 CFR 200.318, and
the State and County statutes,regulations,ordinances,or resolutions governing conflicts of interest.
The SUBRECIPIENT will notify the COUNTY, in writing,and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person,or an entity
owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified,and the costs are reasonable.Approval
of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not
intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees.
Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its
contractors shall be disclosed to CHS in writing, provided however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low- and moderate-
income residents of the project target area.
3.21 BYRD ANTI-LOBBYING AMENDMENT
Each tier certifies that the tier above it will not, and has not, used Federally appropriated funds to
pay any person or organization for influencing or attempting to influence the award of Federal
funds, as covered by 31 USC 1352, as more fully described in Section 4.47 of this Agreement.
Contractors who apply or bid for an award of$100,000 or more shall file the required certification.
3.22 RELIGIOUS ORGANIZATIONS
CDBG funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment based on
religion,and will not limit employment or give preference in employment to persons based
on religion.
B. It will not discriminate against any person applying for public services based on religion,
and will not limit such services or give preference to persons based on religion.
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C. It will retain its independence from Federal, State, and Local governments and may
continue to carry out its mission, including the definition, practice, and expression of its
religious beliefs, provided it does not use direct CDBG funds to support any inherently
religious activities,such as worship,religious instruction,or proselytizing.
D. The funds shall not be used for the acquisition,construction,or rehabilitation of structures
to the extent that those structures are used for inherently religious activities. Where a
structure is used for both eligible and inherently religious activities, CDBG funds may not
exceed the cost of those portions of the acquisition,construction,or rehabilitation that are
attributable to eligible activities, in accordance with the cost accounting requirements
applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG
funded religious congregation uses as its principal place of worship,however,are ineligible
for CDBG funded improvements.
3.23 INCIDENT REPORTING
If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any
subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse,neglect,
or exploitation of a child,aged person,or disabled person.
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.
3.25 MISCELLANEOUS
The SUBRECIPIENT and the COUNTY each binds itself, its partners, successors, legal
representatives,and assigns of such other party in respect to all covenants of this Agreement.
The SUBRECIPIENT represents and warrants that the financial data,reports,and other information
on the Project it furnished to the COUNTY are accurate and complete, and financial disclosures
fairly represent the financial position of the SUBRECIPIENT.
The SUBRECIPIENT certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this
Agreement. The SUBRECIPIENT also certifies that the undersigned person has the authority to
legally execute and bind the SUBRECIPIENT to the terms of this Agrement.
The Grant Documents shall be construed in accordance with and governed by the laws of the State
of Florida,without giving effect to its provisions regarding choice of laws.
All activities authorized by this Agreement shall be subject to and performed in accordance with
the provisions of the terms and conditions of the Agreement between the COUNTY, the
Regulations, all applicable federal, state, and municipal laws, ordinances, regulations, orders, and
guidelines,including but not limited to any applicable regulations issued by the DIVISION.
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Electronic Signatures. This Agreement,and related documents entered into in connection with this
Agreement are signed when a party's signature is delivered by facsimile, e-mail, or any other
electronic medium. These signatures must be treated in all respects as having the same force and
effect as original signatures.
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Tit1e24/24cfr570 main 02.tpl
4.2 24 CFR 58 -The regulations prescribing the Environmental Review procedure.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=1 acdb92f3b05c3f285dd76c26d 14f54e&mc=true&node=pt24.1.58&rgn=div5
4.3 Section 104(b)and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended
https://www.hud.gov/program_offices/commjlanning/community development/rulesandregs/law
s/sec5309
4.4 The Fair Housing Act(42 U.S.C. 3601-20)Reasonable Accommodations Under the Fair Housing
Act.https://www.hud.gov/sites/documents/DOC 7771.PDF
https://www.justice.gov/crt/fair-housing-act-1
Executive Order 11063—Equal Opportunity in Housing https://www.archives.gov/federal-
register/codification/executive-order/11063.html
Executive Order 11259-Leadership&Coordination of Fair Housing in Federal Programs
https://www.archives.gov/federal-register/codification/executive-order/12259.html
24 CFR Part 107-Non-Discrimination and Equal Opportunity in Housing under E.O.
https://www.law.cornell.edu/cfr/text/24/part-107
4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968,as
amended https://www.hud.gov/programdescription/title6
4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
https://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-sec570-
602.pdf
4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations. EO 11246:
https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended
EO 11375 and 12086: see item#8 below
4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972,42 USC§2000e,et.seq.The SUBRECIPIENT will,in all solicitations or advertisements for
employees placed by or on behalf of the SUBRECIPIENT,state that it is an Equal Opportunity or
Affirmative Action employer.
https://www.hud.gov/programdescription/title6
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4.9 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD
Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all
applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a
condition of the Federal financial assistance provided under this Agreement and binding upon the
COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through which Federal
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
The SUBRECIPIENT further agrees to comply with these"Section 3"requirements and to include
the following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a program providing
direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires
that,to the greatest extent feasible,opportunities for training and employment be given to low-and
very low-income residents of the project area, and that contracts for work in connection with the
project be awarded to business concerns that provide economic opportunities for low- and very
low-income persons residing in the metropolitan area in which the project is located."
The SUBRECIPIENT further agrees to ensure that opportunities for training and employment
arising in connection with a housing rehabilitation (including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project are given to low-
and very low-income persons residing within the metropolitan area in which the CDBG-funded
project is located; where feasible, priority should be given to low- and very low-income persons
within the service area of the project or the neighborhood in which the project is located, and to
low- and very low- income participants in other HUD programs; and award contracts for work
undertaken in connection with a housing rehabilitation(including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project to business
concerns that provide economic opportunities for low- and very low-income persons residing
within the metropolitan area in which the CDBG-funded project is located;where feasible,priority
should be given to business concerns that provide economic opportunities to low- and very low-
income residents within the service area or the neighborhood in which the project is located,and to
low-and very low-income participants in other HUD programs.
https://www.hud.gov/sites/documents/DOC 12047.PDF
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
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4.10 Age Discrimination Act of 1975,Executive Order 11063,and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107 and 12086.
Age Discrimination Act of 1975
https://www.law.cornell.edu/uscode/text/42/chapter-76
11246:https://www.dol.gov/ofccp/regs/statutes/eo11246.htm
11375: Amended by EO 11478
11478:https://www.archives.gov/federal-register/codifi.cation/executive-order/11478.html
12107: https://www.archives.gov/federal-register/codification/executive-order/12107.html
12086:https://www.archives.gov/federal-register/codification/executive-order/12086.html
4.11 Contract Work Hours and Safety Standards Act,40 USC 327-332.
https://www.dolgov/whd/regs/statutes/safe01.pdf
4.12 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5),24 CFR 570.614 Subpart K.
Section 504: https://www.epa.gov/ocr
29 USC 776: https://law.onecle.com/uscode/29/776.html
24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudap
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as amended.
https://www.fhwa.dot.gov/real estate/uniform act/index.cfin
4.15 29 CFR Parts 3 and 5 -Regulations that prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all
construction contracts funded by CDBG.
Davis-Bacon Act: 42 USC 276a to 40 USC 276a:
https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-tit1e40-section276a-
7&num=0&edition=1999
29 CFR Part 3 -Contractors and Subcontractors on public building or Public Work Financed,in
whole or in part,by Loans or Grants from the United States
https://www.law.cornelLedu/cfr/text/29/part-3
29 CFR Part 5-Labor Standards Provisions Applicable to Contracts Covering Federally Financed
and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract
Work Hours and Safety Standards Act)
https://www.law.cornelLedu/cfr/text/29/part-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally
assisted projects.https://www.presidency.ucsb.edu/ws/index.php?pid=23675
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4.16 As a supplement to the Davis-Bacon Act requirements,the SUBRECIPIENT agrees to comply with
the "Copeland Anti-Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or
subcontractors from inducing an employee to relinquish any part of his/her compensation, under
the federally-funded contract.
18 U.S.C. 874 https://www.govinfo.gov/content/pkg/USCODE-2010-title18/pdf/USCODE-2010-
titlel 8.pdf
40 U.S.C.276c https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40-
section276c&num=0&edition=1999
4.17 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 -which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise.
https://www.archives.gov/federal-register/codification/executive-order/11625.html
4.18 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws,regulations,and executive orders referenced in 24 CFR 570.607,as
revised by Executive Order 13279.The applicable non-discrimination provisions in Section 109 of
the Housing and Community Development Act(HCDA)are still applicable.
24 CFR 570.607:
https://www.ecfr.gov/cgi-bin/text-
idx?SID=9eae3f8eaa991 f0411 f3 83b74003bcb 1&mcrtrue&node=pt24.3.570&rgn=div5#se24.3.5
70 1607
E.O. 13279:http://www.fedgovcontracts.com/pe02-96.htm
4.19 Public Law 100-430-the Fair Housing Amendments Act of 1988.
https://www.ncbi.nlm.nih.gov/pubmed/12289709
4.20 2 CFR 200 et seq-Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200 main_02.tp1
4.21 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;2)extend or renew a contract to procure or obtain;3)enter into
a contract(or extend or renew a contract)to procure or obtain equipments,services,or systems that
use(s) covered telecommunications equipment or services as a substantial component of any
system,or as critical technology as part of any system.
4.22 Immigration Reform and Control Act of 1986
https://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html
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4.23 Prohibition of Gifts to COUNTY Employees -No organization or individual shall offer or give,
either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any
COUNTY employee, as set forth in Chapter 112, Part III,Florida Statutes, Collier County Ethics
Ordinance No.2004-05,as amended,and County Administrative Procedure 5311.
Florida Statutes-
https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii
Collier County-
http://www.coll iergov.net/home/showdocument?id=35137
4.24 Order of Precedence-In the event of any conflict between or among the terms of any of the Contract
Documents,the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except that the terms of any Supplemental Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
4.25 Venue-Any suit of action brought by either party to this Agreement against the other party,relating
to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in
Collier County,FL which courts have sole jurisdiction on all such matters. (No reference required
for this item).
4.26 Dispute Resolution-Prior to the initiation of any action or proceeding permitted by this Agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation, and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes.The litigation arising out of this Agreement shall be adjudicated in Collier County,Florida,
if in state court; and the US District Court, Middle District of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,THIS AGREEMENT.
https://www.flsenate.gov/Laws/Statutes/2012/44.102
4.27 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE-
2010-title42/html/USCODE-2010-tit1e42-chap85.htm
https://www.law.comell.edu/uscode/text/42/chapter-85
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b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.govinfo.gov/content/pkg/USCODE-2011-title33/pdfIUSCODE-2011-title33-
chap26.pdf
https://www.law.comet!.edu/uscod e/text/3 3/chapter-26
4.28 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 570.605 Subpart K),the SUBRECIPIENT shall assure that for activities located in an
area identified by FEMA as having special flood hazards,flood insurance under the National Flood
Insurance Program is obtained and maintained.If appropriate,a letter of map amendment(LOMA)
may be obtained from FEMA,which would satisfy this requirement and/or reduce the cost of said
flood insurance.
https://www.law.comell.edu/cfr/text/24/570.605
4.29 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this Agreement shall be subject to the HUD Lead-Based Paint Poisoning
Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo.gov/fdsys/granule/CFR-
2000-title24-vol3/CFR-2000-title24-vo13-sec570-608-id 163
4.30 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800,Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this Agreement.
https://wvvw.nps.gov/history/local-law/nhpa1966.htm
https://www.achp.gov/sites/default/files/regulations/2017-02/regs-rev04.pdf
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.
https://www.nps.gov/history/local-law/nhpa1966.htm
4.31 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with
the Drug-Free Workplace Act of 1988(41 USC 701).
https://www.apo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-title41-chap 10-
sec701
4.32 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 the SUBRECIPIENT shall not knowingly
enter into any lower tier contract, or other covered transaction, with a person who is similarly
debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609,
Subpart K.
https://wvvw.archives.gov/federal-regi ster/codification/executive-order/12549.html
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4.33 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable
and agrees to adhere to the accounting principles and procedures required therein,utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred. These
requirements are enumerated in 2 CFR 200,et seq.
4.34 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be
submitted to the COUNTY nine(9)months after the end of the SUBRECIPIENT's fiscal year.The
SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty(180)days after the end of the SUBRECIPIENT'S
fiscal year.Per 2 CFR 200.345,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=5a78addeffffa535e83 fed3010308aef&mc=true&node=se2.1.200_1344&rgn=div8
4.35 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101,shall be subject
to the provisions of CDBG including, but not limited to, the provisions on use and disposition of
property. Any real property within SUBRECIPIENT control, which is acquired or improved, in
whole or part, with CDBG funds in excess of$25,000, must adhere to the CDBG Regulations at
24 CFR 570.505.
https://wvvw.gpo.gov/fdsys/granule/CFR-1999-title49-vol 1/CFR-1999-title49-vol 1-sec24-101
https://www.govinfo.gov/app/detai ls/CFR-2012-title24-vo13/CFR-2012-title24-vo13-sec570-505
4.36 As provided in§287.133,Florida Statutes,by entering into this Agreement or performing any work
in furtherance hereof,the SUBRECIPIENT certifies that it, its affiliates,suppliers, subcontractors
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.
This notice is required by §287.133 (3)(a),Florida Statutes.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&U R
L=0200-0299/0287/Sections/0287.133.html
4.37 No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress,in connection with the awarding of any Federal contract,the making of any Federal grant,
the making of any Federal loan,the entering into of any cooperative agreement,and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. If any funds,other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
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agency, a Member of Congress,an officer or employee of Congress, or an employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying",in accordance with its instructions. The undersigned shall require that the language of
this certification be included in the award documents for all sub-awards at all tiers (including
subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
4.38 Travel reimbursement will be based on the U.S. General Services Administration(GSA) per diem
rates in effect at the time of travel.
https://vvww.gsa.gov/portal/content/104877
4.39 Equal access in accordance with the individual's gender identity in community planning and
development programs,per 24 CFR 5.106.
https://www.govregs.com/regulations/expand/title24_part5 subpartA section5.106
4.40 Housing Counseling,including homeownership counseling or rental housing counseling,as defined
in§5.100,required under or provided in connection with any program administered by HUD shall
be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214
to provide housing counseling,consistent with 12 U.S.C. 1701x,per 24 CFR 5.111.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=e339ece9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6
https://www.law.cornell.edu/cfr/text124/5.111
4.41 HUD Final Rule—Implementation of the Violence Against Women Reauthorization Act of 2013
which applies for all victims of domestic violence,dating violence,sexual assault,and stalking,
regardless of sex,gender identity,or sexual orientation,and which must be applied consistent
with all nondiscrimination and fair housing requirements.
https://www.federalregister.gov/documents/2016/11/16/2016-25888/violence-against-women-
reauthorization-act-of-2013-implementation-in-hud-housing-programs
4.42 Any rule or regulation determined to be applicable by HUD.
4.43 Florida Statute 448.095 Employment Eligibility.Per Florida Statute 448.095(3),all Florida private
employers are required to verify employment eligibility for all new hires beginning January 1,
2021. Eligibility determination is not required for continuing employees hired prior to January 1,
2021.
http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&URL=0400-
0499/0448/0448.html
4.44 Florida Statutes 713.20,Part 1,Construction Liens
https://www.leg.state.fl.us/Statutes/index.cfin?App mode=Display Statute&URL=0700-
0799/0713/0713.html
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4.45 Florida Statutes 119.021 Records Retention
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL 0100-
0199/0119/S ecti ons/0119.021.htm I
4.46 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/0119.071.html
4.47 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.
4.48 Equal Treatment of Faith-Based Organizations: By regulation, HUD prohibits all recipient
organizations from using financial assistance from HUD 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 HUD funds while taking
into account religion when hiring staff. Questions in this regard should be directed to the Office
for Civil Rights.
4.49 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.
4.50 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.
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4.51 False Claim;Criminal,or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any
credible evidence that a principal,employee,agent,contractor,subgrantee,subcontractor,or other
person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery,
gratuity,or similar misconduct involving subaward agreement funds
4.52 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.
4.53 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD 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 HUD and to establish
workplace safety policies and conduct education,awareness,and other outreach to decrease crashes
caused by distracted drivers.
4.54 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://oip.gov/funding/Explore/ProhibitedConduct-Trafficking.htm.
4.55 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.
4.56 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment, or performance of experimental,
developmental,or research work under this funding agreement,the SUBRECIPIENT must comply
with the requirements of 37 CFR Part 401,"Rights of Inventions Made by Nonprofit Organizations
and Small Busines Firms Under Government Grants,Contracts,and Cooperative Agreements,"and
any implementing regulations issued by HUD.
https://www.ecfr.gov/cgi-
bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a7l 7de761 dc64c0&mc=true&n=pt37.1.401&r
=PART&ty=HTML
(Signature Page to Follow)
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IN WITNESS WHEREOF,the SUBRECIPIENT and COUNTY,have each respectively,by an
authorized person or agent,hereunder set their hands and seals on the date first written above.
ATTEST: BOARD Y COMMIS RS F
CRYSTAL K.KINZEL,CLERK COLLIER TY,FLORIDA
/ - • By:
, puny.C P TAYL CHAIRPER ON
Attest as to Chairman's
signature only. Date: / Z 2. J
�I J . .. �Y/� �(�` ( LEGAL AID SERVICE OF BROWARD COUNTY,
Datec.l INC.d/b/a LEGAL AID SERVICE OF COLLIER
(SEAL) ' COUNT
•
ANTHONY J. ,ESQ..,XECUTIVE
DIRECTOR Date: /.:9/(7Z/
Approved as to form and legality:
‘)-
Jennifer A.Belpedio �7
Assistant County Attorney �, 1‘)\
5
Date: 221 a t
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16137 -
PART V
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County,do Community and Human Services Division,3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440,Florida Statutes.
2. Commercial General Liability, including products and completed operations insurance, in the
amount of$1,000,000 per occurrence and$2,000,000 aggregate.Collier County must be shown as
an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement, in an amount not less than$1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1—3 above,a Certificate of Insurance must be provided as follows:
4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out of the
services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this Agreement. This insurance shall be maintained for a period of two (2)years
after the certificate of Occupancy is issued.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its
Subcontractors to provide, original certificates indicating the following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an"All Risk"basis, in an amount not less than one
hundred(100%)percent of the insurable value of the building(s)or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4001),
the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal
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Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under
the National Flood Insurance Program is obtained and maintained, as a condition of financial
assistance for acquisition or construction purposes(including rehabilitation).
OPERATION/MANAGEMENT PHASE(IF APPLICABLE)
After the Construction Phase is completed and occupancy begins,the following insurance must be kept in
force throughout the duration of the loan and/or Agreement:
7. Workers' Compensation as required by Chapter 440,Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and$2,000,000 aggregate.Collier County must be shown as
an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
10. Property Insurance coverage on an"All Risk"basis,in an amount not less than one hundred(100%)
of the replacement cost of the property.Collier County must be shown as a Loss payee,with respect
to this coverage A.T.I.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full
replacement values of the structure(s) or the maximum amount of coverage available through the
National Flood Insurance Program(NFIP). The policy must show Collier County as a Loss Payee
A.T.I.M.A.
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EXHIBIT B
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SUBRECIPIENT Name: Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of
Collier County
SUBRECIPIENT Address: 4436 Tamiami Trail East,Naples,FL 34112
Project Name: Legal Services to Victims
Project No: PS21-01 _ Payment Request#
Total Payment Minus Retainage
Period of Availability: 10/1/2021 _through 9/30/2022
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
Subrecipient CHS Approved
1. Grant Amount Awarded $ $
2. Total Amount of Previous Requests $ $
3. Amount of Today's Request(Net of Retainage, if $ $
applicable)
4. Current Grant Balance (Initial Grant Amount Award $ $
request)(includes Retainage)
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT.To the best of my knowledge and belief,
all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor(Approval required$15,000 and Division Director(Approval Required
above) $15,000 and above)
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EXHIBIT C
QUARTERLY PERFORMANCE REPORT DATA
The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement
and Information System(IDIS).The COUNTY reports information on a quarterly basis.To facilitate in the
preparation of such reports,SUBRECIPIENT shall submit the information contained herein within ten(10)
days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to
enter the information collected on this exhibit into an online grant management system.
Subrecipient Name: Legal Aid Service of Broward Date:
County,Inc.d/b/a Legal Aid Service of Collier
County
Project Title: Legal Services to Victims IDIS#:
Program Contact: Telephone Number:
Activity Reporting Period Report Due Date
October 1st—December 31" January 10th
January 1"—March 315t April 10th
April 1"—June 30th July 10th •
July Pt—September 30th October 10th
REPORT FOR QUARTER ENDING:(check one that applies to the corresponding grant period):
12/31/21 3/31/22 6/30/22 9/30/22
Please note: The HUD Program year begins October 1,2021—September 30,2022.Each quarterly report must include
cumulative data beginning from the start of the program year October 1,2021.
1. Please list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement and indicate your
progress in meeting those goals since October 1,2021.
a. Outcome Goals: list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement
Outcome 1: Delivery of Legal Services to Victims
Outcome 2: Documentation of 100 Low-to-Moderate-Income(LMC)persons served who are victims of domestic
violence,sexual assault,dating violence,repeat violence,child abuse,elder abuse,and other abuses.(duplication
of clients from the prior project period is permitted to allow for continuity of services)
Outcome 3: Delivery of a minimum of four(4)outreach sessions.
b. Goal Progress: Indicate the progress to date in meeting each outcome goal.
Outcome 1:
Outcome 2:
Outcome 3:
2. Is this project still in compliance with the original project schedule: Yes ❑ No ❑
If No,Explain:
3. Since October 1,2021;of the persons assisted,how many...
Answer ONLY for Public Facilities&Infrastructure Activities *03 Matrix Codes
a. ...now have new access(continuing)to this service or benefit? 0
b. ...now have improved access to this service or benefit? 0
c. ...now receive a service or benefit that is no longer substandard? 0
Total 0
4. What funding sources did the SUBRECIPIENT apply for this period?
Section 108 Loan Guarantee $ CDBG $
Other Consolidated Plan Funds $ HOME $
Other Federal Funds $ ESG $
$ HOPWA $
LEGAL AID SERVICE OF BROWARD COUNTY,INC.
D/B/A LEGAL AID SERVICE OF COLLIER COUNTY
PS21-01
Legal Services to Victims Page 39
i 6Q7
$ Total Entitlement $
Funds
5. What is the total number of UNDUPLICATED Persons(LMC)or Households(LMH)served this QUARTER,if
applicable? Answer question 5a or 5b;NOT both
For LMC activities: people,race/ethnicity,and income data are reported by persons.
For LMH activities: households,race/ethnicity,and income level are reported by households,regardless
the number of persons in the household.
a. Total No.Persons/Adults served(LMC) 0 Total No.persons served under 18 0
(LMC)
Quarter Total No.of Persons 0 Quarter Total No.of Persons 0
b. Total No.of Households served 0 Total No.of female head of household 0
(LMH)
6. What is the total number of UNDUPLICATED clients served since October,if applicable?
Answer question 6a or 6b,NOT both
For LMC activities:race/ethnicity and income data are reported by persons.
a. Total No.Persons/Adults served(LMC) 0 Total No.Persons served under 18 0
(LMC)
YTD Total: 0 YTD Total 0
b. Total No.Households served(LMH) 0 Total No.female head of household(LMH) 0
YTD Total 0 YTD Total 0
Complete EITHER question 7 or 8,NOT both
Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed
Benefit categories.
7. PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY
(LMC)Quarter (LMC)YTD
Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED
served this quarter who fall into each presumed benefit persons served since October 1 who fall into each
category(the total should equal the total in question#6a presumed benefit category (the total should equal the
or 6b): total in question#6a or 6b):
a Presumed Benefit Activities Only(LMC)QTR b Presumed Benefit Activities Only(LMC)YTD
0 Abused Children ELI 0 Abused Children ELI
0 Homeless ELI 0 Homeless Person ELI
Person
0 Migrant Farm LI 0 Migrant Farm Workers LI
Workers
0 Battered LI 0 Battered Spouses LI
Spouses
0 Persons LI 0 Persons w/HIV/AIDS LI
w/HIV/AIDS
0 Elderly Persons LI or MOD 0 Elderly Persons LI or
MOD
0 Illiterate Adults LI 0 Illiterate Adults LI
0 Severely LI 0 Severely Disabled Adults LI
Disabled Adults
0 Quarter Total 0 YTD Total
8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category.
Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range
Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED
LEGAL AID SERVICE OF BROWARD COUNTY,INC.
D/B/A LEGAL AID SERVICE OF COLLIER COUNTY
PS21-01
Legal Services to Victims Page 40
i 6 0 7
served this Quarter who fall into each income category persons served since October 1 (YTD)who fall into
(the total should equal the total in question#6): each income category (the total should equal the total
in question#6):
a ELI Extremely Low Income(0-30%) 0 b ELI Extremely Low 0
Income(0-30%)
LI Low Income(31-50%) 0 LI Low Income 0
MOD Moderate Income(51-80%) 0 MOD Moderate Income 0
(51-80%)
NON-L/M Above Moderate Income(>80%) 0 NON-L/M Above Moderate 0
Income(>80%)
Quarter Total 0 YTD Total 0
9. Is this project in a Low/Mod Area(LMA)? YES NO
Was project completed this quarter? YES NO If yes,complete all of this section 9.
Date project completed
Block Group Census Tract Total Beneficiaries Low/Mod Low/Mod Percentage
Beneficiaries
0 0 0 0 0
Date LMA Narrative approved by CHS?
What documentation supports project completion? (i.e.,
Certificate of Completion or Certificate of Occupancy,
etc.)
10. Racial&Ethnic Data(if applicable)
Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients
clients served this Quarter fall into each race served since October(YTD)fall into each race category.In
category.In addition to each race category,please addition to each race category please indicate how many
indicate how many persons in each race category persons in each race category consider themselves
consider themselves Hispanic. (Total Race column Hispanic. (Total Race column should equal the total in
should equal the total in question 6.) question 6.)
a. RACE ETHNICITY b. RACE ETHNICITY
/HISPANIC /HISPANIC
White 0 0 White 0 0
Black/African American 0 0 Black/African American 0 0
Asian 0 0 Asian 0 0
American0 0 American Indian/Alaska 0 0
Indian/Alaska Native
Native
Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific 0 0
Islander
Black/African0 0 Black/African American& 0 0
American&White
White
American Indian/Alaska Native& 0 0 American Indian/Alaska 0 0
Black/African
Black/African American Native& American
rican
Other Multi-racial 0 0 Other Multi-racial 0 0
0 0 0 0
Name:
Signature:
Title:
Your typed name here represents your electronic signature
LEGAL AID SERVICE OF BROWARD COUNTY,INC.
D/B/A LEGAL AID SERVICE OF COLLIER COUNTY
PS21-01
Legal Services to Victims Page 41
i607
EXHIBIT D
INCOME CERTIFICATION
INSTRUCTIONS
Complete this form and retain appropriate supporting documentation proving CDBG assistance
to an eligible beneficiary. Please retain in your organization's records and have on hand for
future monitoring visits.
Effective Date:
A. Household Information
Member Names—All Household Members Relationship Age
1
2
3
4
5
6
7
8
B. Assets: All Household Members,Including Minors
Member Asset Description Cash Value Income
from Assets
1
2
3
4
5
6
7
8 0.00
Total Cash Value of Assets B(a) 0.00
Total Income from Assets B(b) 0.00
If line B(a) is greater than$5,000,multiply that amount by the rate specified
by HUD(applicable rate 0 .06%)and enter results in B(c),otherwise leave
blank. B(c)
LEGAL AID SERVICE OF BROWARD COUNTY,INC.
D/B/A LEGAL AID SERVICE OF COLLIER COUNTY
P521-01
Legal Services to Victims Page 42
16D7
C. Anticipated Annual Income: Includes Unearned Income and Support Paid on
Behalf of Minors
Member Wages/ Benefits/ Public Other Asset
Salaries Pensions Assistance Income Income
(include tips,
commissions, (Enter the
bonuses,and greater of
overtime) box B(b) or
1 box B(c),
2 above, in
3 box C(e)
below)
4
5
6
7
8
Totals (a) (b) (c) (d) (e)
0.00 0.00 0.00 0.00
Enter total of items C(a)through C(e). 0.00
This amount is the Annual Anticipated Household Income.
D. Recipient Statement: The information on this form is to be used to determine maximum
income for eligibility. Uwe have provided, for each person set forth in Item A, acceptable
verification of current and anticipated annual income. Uwe certify that the statements are true
and complete to the best of my/our knowledge and belief,and are given under penalty of perjury.
WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations
concerning income and assets or liabilities relating to financial condition is a misdemeanor of the
first degree and is punishable by fines and imprisonment provided under Section 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
LEGAL AID SERVICE OF BROWARD COUNTY,INC.
D/B/A LEGAL AID SERVICE OF COLLIER COUNTY
PS21-01
Legal Services to Victims Page 43
t 6 a 7
E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s)
named in Item A of this Income Certification is/are eligible under the provisions of the
CDBG Program. The family or individual(s)constitute(s)a:
❑ Extremely Low Income (ELI) Household means and individual or family whose annual income
does not exceed 30/50'of the Very Low Income(60 percent of VLI) percent of the area median
income as determined by the U.S. Department of Housing and Urban Development with
adjustments for household size. (Maximum Income Limit$ ).
❑ Very Low Income (VLI) Household means and individual or family whose annual income does
not exceed 50 percent of the area median income as determined by the U.S.Department of Housing
and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
❑ Low Income (LI) Household means and individual or family whose annual income does not
exceed 80 percent of the area median income as determined by the U.S. Department of Housing
and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
Based on the (year) income limits for the Naples-Marco Island Metropolitan
Statistical Area(MSA)of Collier County,Florida.
Signature of the CDBG Administrator or His/Her Designated Representative:
Signature Date
Printed Name Title
F. Household Data
Number of Persons
By Race/Ethnicity By Age
American Native Other
Indian Asian Black Hawaiian or White 0—25 26—40 41 —61 62+
Other Pac.
Islander
Hispanic
Non-
Hispanic
NOTE: Information concerning the race or ethnicity of the occupants is being gathered for statistical
use only. No beneficiary is required to give such information, and refusal to give such information
will not affect any right he or she has to the CDBG program.
LEGAL AID SERVICE OF BROWARD COUNTY,INC.
D/B/A LEGAL AID SERVICE OF COLLIER COUNTY
PS21-01
Legal Services to Victims Page 44
16D '7
EXHIBIT E
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.332 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 the organization's compliance. In determining Federal
awards expended in a fiscal year, the subrecipient 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) re uirements.
Subrecipient Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County
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
n understand that the audit report contains a written response to the finding(s), we are requesting
an updated status of the corrective action(s) being taken. Please do not provide just a copy of
the written response from your audit report, unless it includes details of the actions, procedures,
policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
06/18
LEGAL AID SERVICE OF BROWARD COUNTY,INC.
D/B/A LEGAL AID SERVICE OF COLLIER COUNTY
P521-D1
Legal Services to Victims Page 45
1 6 07
MEMORANDUM
Date: October 5, 2021
To: Catherine Sherman, Grants Coordinator
Community & Human Services
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: Agreement between Collier County
Project Help, Inc.
Enclosed please find two (2) original of each document referenced above
(Agenda Item #16D7), approved by the Board of County Commissioners on
Tuesday, June 22, 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 252-7240.
Thank you.
Enclosures
1 6 07 I
FAIN # B-21-UC-12-0016
Federal Award Date October 1, 2021
Federal Award Agency HUD
CFDA Name Community
Development Block
Grant
CFDA/CSFA# 14.218
Total Amount of Federal $92,000.00
Funds Awarded
Subrecipient Name Project HELP, Inc.
DUNS# 867701849
FEIN 59-2655969
R&D NA
Indirect Cost Rate NA
Period of Performance 10/01/2021-09/30/2022
Fiscal Year End 12/31
Monitor End: 12/2027
AGREEMENT BETWEEN COLLIER COUNTY
AND
PROJECT HELP, INC.
CDBG Grant Program—Public Services
THIS AGREEMENT is made and entered into this day of�21, by and between Collier
County, a political subdivision of the State of Florida, (COUNTY) having its principal address at 3339 E
Tamiami Trail, Naples FL 34112, and Project HELP, Inc. (SUBRECIPIENT), a private non-profit
organization having its principal office at 3050 Horsehoe Drive North, Suite 280,Naples, FL 34104.
WHEREAS, the COUNTY has entered into an Agreement with the United States Department of
Housing and Urban Development(HUD)for a grant for the execution and implementation of a Community
Development Block Grant (CDBG) Program in certain areas of Collier County, pursuant to Title I of the
Housing and Community Development Act of 1974(as amended); and
WHEREAS,the Board of County Commissioners of Collier County(Board)approved the Collier
County Consolidated Plan — One-year Action Plan for Federal Fiscal Year 2021-2022 for the CDBG
Program with Resolution 2021-131 on June 22, 2021 —Agenda Item 1 toWand
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans,the COUNTY advertised the 2021-2022 Annual
Action Plan, on May 1, 2021, with a 30-day Citizen Comment period from May 1 ,2021 to June 1, 2021;
and
WHEREAS,the SUBRECIPIENT has submitted a proposal for participation in the Collier County
CDBG program; and
PROJECT HELP,INC.
PS21-03
Forensic and Mental Health Mobile Unit Page 1
1607
WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in undertaking the CDBG project—(PS21-03) Forensic and Mental Health Mobile Unit.
NOW,THEREFORE,in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
PART I
SCOPE OF WORK
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required
as a condition of providing CDBG assistance as provided herein and, as determined by Collier County
Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as
follows:
Project Name: Forensic and Mental Health Mobile Unit
Description of project and outcome: CHS, as an administrator of the CDBG program, will make
available FY 2021-2022 CDBG funds up to the gross amount of$92,000.00 to Project HELP, Inc.
to fund the procurement of a Forensic and Mental Health Mobile Unit, to provide immediate on-
site forensic exams, crisis intervention, on-going mental health, advocacy, and associated services
in Immokalee, Florida.
Project Component One: Purchase of a mobile unit and all associated costs for modifications and
signage/wrap,to operate a Forensic and Mental Health Mobile Unit in Immokalee, FL.
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty(60)calendar days of execution of this Agreement,the SUBRECIPIENT must
deliver,to CHS for approval, a detailed project schedule for the completion of the project.
B. The following resolutions and policies must be submitted within sixty (60) days of this
Agreement:
• Affirmative Fair Housing Policy
▪ Affirmative Action/Equal Opportunity Policy
® Conflict of Interest Policy
▪ Procurement Policy
❑ Uniform Relocation Act Policy
• Sexual Harassment Policy
• Section 3 Policy
• Section 504/ADA Policy
• Fraud, Waste,and Abuse Policy
• Language Assistance and Planning Policy (LAP)
PROJECT HELP,INC.
P521-03
Forensic and Mental Health Mobile Unit Page 2
1 6Q7 ,
• Violence Against Women Act(VA WA) Policy
• LGBTQ Policy
C. Environmental Review Requirement (ERR) - No program costs can be incurred until an
environmental review of the proposed project is completed and approved. Further, the
SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance
of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the
denial of any reimbursement of funds under this Agreement.
D. Annual Subrecipient Training—
All SUBRECIPIENT staff assigned to the administration and implementation of the
Project established by this Agreement shall attend the CHS-sponsored Annual
SUBRECIPIENT Fair Housing training and all other CHS-offered SUBRECIPIENT
training relevant to the Project,as determined by the Grant Coordinator,not to exceed four
(4)sessions.
E. Inventory and Lien Requirement—
The vehicle purchased under this grant will be placed in CDBG inventory. A physical
inspection of the vehicle will be required as part of the annual monitoring. Additionally, a
lien in favor of Collier County Board of County Commissioners will be placed on the
vehicle title, through the Department of Motor Vehicles, at the time of purchase. The lien
shall be released from title, removed from CDBG inventory, and annual monitoring will
cease at the end of the Continued Use period, provided all requirements of the grant have
been met by SUBRECIPIENT.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Description Federal Amount
Project Component One: Purchase of a mobile unit and all associated costs for $92,000.00
modifications and signage/wrap, to operate a Forensic and Mental Health Mobile
Unit in Immokalee, FL.
Total Federal Funds: $92,000.00
The SUBRECIPIENT will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
Maintain beneficiary income certification documentation, and provide to the COUNTY as
requested
• Maintain and provide National Objective Documentation
• Provide Quarterly Reports on National Objective and project progress
• Ensure attendance by a representative from executive management at scheduled
partnership meetings, as requested by CHS
PROJECT HELP,INC.
PS21-03
Forensic and Mental Health Mobile Unit Page 3
1607 •
❑ Ensure attendance by SUBRECIPIENT and General Contractor at Pre-Construction
meetings, prior to SUBBRECIPIENT issuance of Notice to Proceed (NTP)
❑ Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation
❑ Identify Lead Project Manager
L Provide Site Design and Specifications
Comply with Davis-Bacon Labor Standards
® Comply with Section 3 and maintain documentation
n Provide certified payroll weekly throughout construction and rehabilitation
n Comply with Uniform Relocation Act(URA), if necessary
• Ensure applicable numbers of units are Section 504/ADA accessible
• Ensure the applicable continued use period for the project is met
B. National Objective
The CDBG program funds awarded to Collier County must benefit low-moderate income persons
(LMI). As such, the SUBRECIPIENT shall ensure that all activities and beneficiaries meet the
definition of:
❑ LMA—Low/Mod Area Benefit
LMC—Low/Mod Clientele Benefit
❑ LMH—Low/Mod Housing Benefit
❑ LMJ—Low/Mod Job Benefit
LMA: Must document where at least 51 percent of the residents are LMI persons, based
on HUD determined eligible census tracts. Failure to achieve the national objective under this
Agreement will require repayment of the CDBG investment under this Agreement.
LMC: Must document that at least 51 percent of persons served, are low- to moderate-
income persons or households, in order to meet a CDBG National Objective. Failure to achieve the
national objective under this Agreement will require repayment of the CDBG investment under this
Agreement.
LMH: Must document providing or improving permanent residential structures, which
upon completion will be occupied by LMI households. Structures with three or more units must
contain at least 51 percent occupied by LMI households, and structures with less than three units
must be occupied by 100 percent LMI households. Failure to achieve the national objective under
this Agreement will require repayment of the CDBG investment under this Agreement.
LMJ: Must document job creation and retention. The LMI benefit national objective
addresses activities designed to create or retain permanent jobs, at least 51 percent of which
(computed on a full-time equivalent basis) will be made available to or held by LMI persons.
Failure to achieve the national objective under this Agreement will require repayment of the CDBG
investment under this Agreement.
PROJECT HELP,INC.
PS21-03
Forensic and Mental Health Mobile Unit Page 4
C.)
16Q7
C. Performance Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Special Grant Condition Policies Policies as stated in this Within sixty (60)days of
(Section 1.1) Agreement Agreement execution
Insurance Insurance Certificate Within 30 days of Agreement
execution and Annually within
thirty (30)days of renewal
Detailed Project Schedule Project Schedule Within sixty(60) days of
Agreement execution
Project Plans and Specifications Site Plans and Specifications Not Applicable
Subcontractor Log Subcontractor Log Not Applicable
Progress Report Exhibit C Quarterly; within 10 days
following the end of the quarter.
Annually after closeout.
Section 3 Report Quarterly report of new hire Quarterly; within 10 days
information following the end of the quarter.
Annually after closeout.
Davis-Bacon Act Certified Weekly Certified Payroll Not Applicable
Payroll reports, forms, and supporting
documentation
Annual Audit Monitoring Exhibit E Annually: nine (9) months after
Report FY end for Single Audit OR one
hundred eighty (180) days after
FY end
Financial and Compliance Audit Audit, Management Letter, and Annually: nine (9) months after
Supporting Documentation FY end for Single Audit OR one
hundred eighty(180) days after
FY end
Continued Use Certification Continued Use Affidavit, if Annually; for five(5)years after
applicable meeting the National Objective
Capital Needs Assessment Plan Plan approved by the COUNTY Initial Plan due after completion
of procurement. Annually
through the period of continued
use
Program Income Reuse Plan Plan Approved by the COUNTY Not Applicable
Inventory Inventory Report Annually, for five(5)years
D. Payment Deliverables
Payment Deliverable Payment Supporting Documentation Submission Schedule
Project Component 1: Purchase of Submission of supporting documents Submission of
a mobile unit and all associated must be provided as backup, as evidenced monthly invoices,
costs for modifications and by procurement documentation, invoices, within 30 days of the
signage/wrap, to operate a check stubs, bank statements, and any prior month.
Forensic and Mental Health other additional documentation as
Mobile Unit in Immokalee, FL. requested.
PROJECT HELP,INC.
PS21-03
Forensic and Mental Health Mobile Unit Page 5
16Q7
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 project costs will be released
upon final monitoring clearance and
meeting the National Objective.
Final 10 percent of award amount or project costs, whichever is lower, will be paid upon completion of
final monitoring clearance and documentation of meeting the National Objective. Failure by the
SUBRECIPIENT to achieve the National Objective will require repayment of the CDBG investment under
this Agreement.
1.3 PERIOD OF PERFORMANCE
SUBRECIPIENT services shall begin on October 1, 2021 and shall end on September 30, 2022.
The County Manager or designee may extend the term of this Agreement for a period of up to 180
days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to
the SUBRECIPIENT.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available NINETY TWO THOUSAND DOLLARS AND ZERO
CENTS ($92,000.00) for use by the SUBRECIPIENT, during the term of the Agreement
(hereinafter, shall be referred to as the"Funds").
Modification to the"Budget and Scope"may only be made if approved in advance. Budgeted fund
shifts among line items shall not be more than 10 percent of the total funding amount and shall not
signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only
be made with Board of County Commissioners(Board)approval.
The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible
costs;and all disbursement requests must be limited to the amount needed at the time of the request.
SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred
during the term of this Agreement. Invoices for work performed are required every month. If no
work has been performed during that month, or if SUBRECIPIENT is not yet prepared to send the
required backup,a$0 invoice is required. Explanations may be required if two consecutive months
of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT, when requested, as
work progresses but not more frequently than once per month. Reimbursement will not occur if
SUBRECIPIENT fails to perform the minimum level of service required by this Agreement.
PROJECT HELP,INC.
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Final invoices are due no later than 90 days after the end of the Agreement. Work performed during
the term of the program but not invoiced within 90 days after the end of the Agreement may not be
processed without written authorization from the Grant Coordinator.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requirements, including timely submission of Performance
Deliverables contained in Section 1.2.C. Late submission of deliverables may cause payment
suspension of any open pay requests until the required deliverables are received by CHS. Except
where disputed for noncompliance, payment will be made upon receipt of a properly completed
invoice, and in compliance with §218.70, Florida Statutes, otherwise known as the "Local
Government Prompt Payment Act."
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 the 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 may only incur direct costs that may be attributed
specifically to the project(s)referenced above,as defined in 2 CFR 200.413. The SUBRECIPIENT
must provide adequate documentation for validating costs incurred. Payments to
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
Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles. A Developer is
not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart E and may
impose requirements upon the Developer, to remain compliant with COUNTY's obligation to
follow 2 CFR Subpart E. The Developer will use adequate internal controls and maintain necessary
source documentation for all costs incurred and adhere to any other accounting requirements
included in this Agreement.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice
delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and
other written communications under this Agreement shall be addressed to the individuals in the
capacities indicated below, unless otherwise modified by subsequent written notice.
COLLIER COUNTY ATTENTION: Catherine Sherman, Grant Coordinator
Collier County Government
Community and Human Services Division
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: Catherine.Sherman@a,colliercountyfl.gov
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Telephone: (239) 252-1425
SUBRECIPIENT ATTENTION: Eileen Wesley, Executive Director
PROJECT HELP, INC.
3050 Horsehoe Drive North, Suite 280
Naples, Florida 34104
Email: eileen@projecthelpnaples.org
Telephone: (239) 649-1404
Remainder of Page Intentionally Left Blank
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PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
At any time during normal business hours and as often as the COUNTY(and/or its representatives)
may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit all
records, documentation, and any other data relating to all matters covered by the Agreement.
SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its
receipt of the report. SUBRECIPIENT's failure to comply with the above audit requirements will
constitute a violation of this Agreement and may result in the withholding of future payments.
SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with
current COUNTY policy concerning Subrecipient audits 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
The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to
determine compliance with the requirements of this Agreement,the CDBG Program, and all other
applicable laws and regulations. This documentation shall include but is not limited to, the
following:
A. All records required by CDBG regulations.
B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily
would be required by the COUNTY in order to perform the service.
C. 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
procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this
Agreement. Materials identified in the previous sentence shall be in accordance with
generally accepted accounting principles (GAAP), procedures, and practices, which
sufficiently and properly reflect all revenues and expenditures of funds provided directly
or indirectly by this Agreement, 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.
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D. Upon completion of all work contemplated under this Agreement, copies of all documents
and records relating to this Agreement shall be surrendered to CHS, if requested. In any
event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a
readily accessible, permanent, and secured location for three (3) years after the date of
submission of 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, or audit
findings involving these records are resolved. If a SUBRECIPIENT ceases to exist after
the closeout of this Agreement,the COUNTY shall be informed, in writing, of the address
where the records are to be kept,as outlined in 2 CFR 200.337.The SUBRECIPIENT shall
meet all requirements for retaining public records and transfer, at no cost to COUNTY, all
public records in possession of the SUBRECIPIENT upon termination of the Agreement
and destroy any duplicate exempt or confidential public records that are exempt from
public records disclosure requirements. All records stored electronically must be provided
to the COUNTY in a format that is compatible with the COUNTY'S information
technology systems.
IF SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832,
Michael.Cox(a colliercountyfl.gov, 3299 Tamiami Trail E, Naples
FL 34112.
E. SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Act of
1931, including files containing contractor payrolls, employee interviews, Davis-Bacon
wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records
showing contractor compliance with the Contract Work Hours and Work Safety Law.
Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal
purchasing requirements and other federal requirements for grant implementation.
F. SUBRECIPIENT will be responsible for the creation and maintenance of income eligible
files on clients served, and documentation that all households are eligible under HUD
Income Guidelines. SUBRECIPIENT agrees that CHS shall be the final arbiter on the
SUBRECIPIENT's compliance.
G. SUBRECIPIENT shall document how compliance with the National Objective(s), as
defined in 24 CFR 570.208, and the eligibility requirement(s) under which funding has
been received were accomlished.This includes special requirements,such as necessary and
appropriate determinations as defined in 24 CFR 570.208,income certification,and written
agreements with beneficiaries, where applicable.
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H. SUBRECIPIENT shall provide the public with access to public records on the same terms
and conditions that the COUNTY would provide the records, and at a cost that does not
exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that 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 D)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 eighty (180) days for
Subrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The
COUNTY will conduct an annual financial and programmatic review.
SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring
visit and evaluation activities, as,determined necessary. At the COUNTY's discretion, a desktop
review of the activities may be conducted in lieu of an on-site visit. The continuation of this
Agreement is dependent upon satisfactory evaluations. Upon request by CHS, the
SUBRECIPIENT shall submit information and status reports required by CHS or HUD, to enable
CHS to evaluate said progress and allow for completion of required reports. 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 SUBRECIPIENT'S performance in an attempt to mitigate fraud,waste,
abuse, or non-performance, based on goals and performance standards as stated with all other
applicable laws, regulations, and policies governing the funds provided under this Agreement,
further defined by 2 CFR 200.332.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 necessary
to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this
Agreement, and to provide for the proper and effective management of all Program and Fiscal
activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and
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other significant events shall be clearly documented, and the documentation shall be readily
available for monitoring by COUNTY.
SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees,
and agents for the purpose of monitoring or investigating the performance of the Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent
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 to any
appropriate law enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this Agreement. Penalties may be imposed for failure to implement or to make
acceptable progress on such corrective action plans.
To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy
to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds
from CHS. The escalation policy for noncompliance is as follows:
1. Initial noncompliance may result in COUNTY issuing Findings or Concerns to the
SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action
plan to CHS within 15 days following issuance of the report.
• Any pay requests that have been submitted to CHS for payment will be held
until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to
SUBRECIPIENT, as needed, in order to correct the noncompliance issue.
2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely
manner, the COUNTY may require a portion of the awarded grant funds be
returned to the COUNTY.
• CHS may require upwards of 5 percent of the award amount be returned to the
COUNTY,at the discretion of the Board.
• The SUBRECIPIENT may be denied future consideration, as set forth in
Resolution No. 2013-228.
3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously
corrected, and has been informed by CHS of their substantial noncompliance by
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certified mail, CHS may require a portion of the awarded grant amount or the
amount of the CDBG investment for acquisition of the properties conveyed, to be
returned to the COUNTY.
• CHS may require upwards of 10 percent of the award amount to be returned
to the COUNTY, at the discretion of the Board.
• The SUBRECIPIENT will be considered in violation of Resolution No. 2013-
228.
4. If after repeated notification, SUBRECIPIENT continues to be substantially
noncompliant, CHS may recommend the Agreement or award be terminated.
• CHS will make a recommendation to the Board to immediately terminate the
Agreement. SUBRECIPIENT will be required to repay all funds disbursed by
CHS for the terminated project. This includes the amount invested by the
COUNTY for the initial acquisition of properties or other activities.
• SUBRECIPIENT will be considered in violation of Resolution No. 2013-228.
If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be
noncompliant, the above sanctions may be imposed across all awards at the Board's
discretion.
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this Agreement,and on the resolution of monitoring findings identified pursuant to this
Agreement, as deemed necessary by the County Manager or designee.
During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the
COUNTY on the 10th day of January, April, July, and October, respectively, for the prior quarter
period end. As part of the report submitted in October, the SUBRECIPIENT agrees to include a
comprehensive final report covering the agreed-upon Program objectives, activities, and
expenditures including but not limited to, performance data on client feedback with respect to the
goals and objectives set forth in Exhibit C,which contains an example reporting form to be used in
fulfillment of this requirement. Other reporting requirements may be required by the County
Manager or designee if the Program changes,the need for additional information or documentation
arises, and/or legislative amendments are enacted. Reports and/or requested documentation not
received by the due date shall be considered delinquent and may be cause for default and
termination of this Agreement.
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY, which consent, if given at all,shall be at the COUNTY's sole discretion and judgment.
3.2 GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants), including subpart K of these regulations, except that(1)
SUBRECIPIENT does not assume the COUNTY's environmental responsibilities described in 24
CFR 570.604; (2) SUBRECIPIENT does not assume the COUNTY's responsibility for initiating
the review process under the provisions of 24 CFR Part 52; (3) SUBRECIPIENT is required to
follow the federal procurement process; and (4) for Developers, revenue generated is not
considered program income.The CDBG program was funded through the Housing and Community
Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable
laws, regulations, and policies governing the funds provided under this Agreement. The
SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement
rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating
or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT
shall always remain an"independent contractor"with respect to the services to be performed under
this Agreement. The COUNTY shall be exempt from payment of all Unemployment
Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation
Insurance, as the SUBRECIPIENT is independent from the COUNTY.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a
duly authorized representative of each organization,and approved by the 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 for other reasons. If such
amendments result in a change in the funding,the scope of services,or schedule of the activities to
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be undertaken as part of this Agreement, such modifications will be incorporated only by written
amendment, signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from HUD CDBG grant funds and must be
implemented in full compliance with all of HUD's rules and regulations and any agreement
between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event
of curtailment or non-production of said federal funds, or the reduction of funds awarded by HUD
to the COUNTY, to a level determined by the County Manager to be insufficient to adequately
administer the project, the financial resources necessary to continue to pay the SUBRECIPIENT
all or any portion of the funds will not be available. In either event, the COUNTY may terminate
this Agreement,which shall be effective as of the date that it is determined by the County Manager
or designee, in his/her sole discretion and judgment, that the funds are no longer available. In the
event of such termination,the SUBRECIPIENT agrees that it will not look to, nor seek to hold the
COUNTY, nor any individual member of the County Commissioners and/or County
Administration, personally liable for the performance of this Agreement, and the COUNTY shall
be released from any further liability to SUBRECIPIENT under the terms of this Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act or omission, including
but not limited to reasonable attorneys' and paralegals' fees,to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents,
officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any
persons acting under the direction, control, or supervision of the SUBRECIPIENT in the
performance of this Agreement. This indemnification obligation shall not be construed to negate,
abridge,or reduce any other rights or remedies,which otherwise may be available to an indemnified
party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses
of any nature whatsoever in connection therewith and shall defend all suits in the name of the
COUNTY and shall pay all costs(including attorney's fees)and judgments which may issue there-
on. This Indemnification shall survive the termination and/or expiration of this Agreement. This
section does not pertain to any incident arising from the sole negligence of COUNTY. The
foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits
set forth in Section 768.28,Florida Statutes.This section shall survive the expiration of termination
of this Agreement.
3.7 GRANTEE RECOGNITION/SPONSORSHIPS
SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements,
descriptions of program sponsorships, research reports, and similar public notices,whether printed
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or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the
Program shall include the statement:
"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY
COMMUNITY AND HUMAN SERVICES DIVISION"
and shall appear in the same size letters or type as the name of SUBRECIPIENT. This design
concept is intended to disseminate key information to the general public regarding the development
team, as well as Equal Housing Opportunity. Construction signs shall comply with applicable
COUNTY codes.
3.8 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 for such
termination,the effective date,and in the case of partial terminations,the portion to be terminated.
However,in the case of a partial termination,if the COUNTY determines that the remaining portion
of the award will not accomplish the purpose for which the award was made, the COUNTY may
terminate the award in its entirety.This Agreement may also be terminated by the COUNTY,if the
award no longer effectuates the program goals or grantor agency priorities.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement, in compliance with 2 CFR 200, Appendix II (A):
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 the SUBRECIPIENT relating to the project.
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In the event of any default by SUBRECIPIENT under this Agreement,the COUNTY may seek any
combination of one or more of the following remedies, in compliance with 2 CFR 200, Appendix
I1 (B):
A. Require specific performance of the Agreement, in whole or in part.
B. Require the use of, or change in, professional property management.
C. Require SUBRECIPIENT to immediately repay to the COUNTY all CDBG funds received
under this Agreement.
D. Apply sanctions, if COUNTY determines them 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.
3.9 SUSPENSION AND DEBARMENT
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 an Federal Department or agency; and, that the SUBRECIPIENT 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.
3.10 REVERSION OF ASSETS
In the event of a termination of this Agreement and in addition to any and all other remedies
available to the COUNTY (whether under this Agreement, or at law, or in equity), the
SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of
termination(or expiration)and any accounts receivable attributable to the use of CDBG funds, per
24 CFR 570.503(b)(7).
The COUNTY's receipt of any funds on hand at the time of termination shall not waive the
COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the
funds or property, as the COUNTY may deem necessary. Regulations regarding real property are
subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7).
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3.11 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until
all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said
insurance shall be carried continuously during SUBRECIPIENT's performance under the
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 1), the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the
Community Development Block Grant(24 CFR 570 et seq.).
3.13 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through
200.327)and Collier County's Procurement Ordinance#2017-08, as amended. Current purchasing
thresholds are:
•
Range: Competition Required
$0 - $50,000 3 Written Quotes
$50,001+ Formal Solicitation(ITB, RFP, etc.)
In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall
provide a preference for the purchase, acquisition,or use of goods,products, or materials produced
in the United States.
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 200.323.
All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT
employees, or put out to competitive bidding, under a procedure acceptable to COUNTY and
Federal requirements. The SUBRECIPIENT shall enter into contracts for improvements with the
lowest, responsible, and qualified bidder. In accordance with 2 CFR 200.323, 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 200.323.Contract administration shall be conducted by the SUBRECIPIENT and monitored
by CHS, which shall have access to all records and documents related to the Project.
3.14 PROGRAM GENERATED INCOME
No Program Income is anticipated. However, if Program Income is derived from the use of CDBG
funds disbursed under this Agreement, such Program Income shall be utilized by the
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SUBRECIPIENT for CDBG-eligible activities approved by COUNTY. Any Program Income (as
such term is defined under applicable Federal regulations) gained from any activity of the
SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual
Program Income Re-use Plan, utilized by the SUBRECIPIENT accordingly, and shall be in
compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When
Program Income is generated by an activity that is only partially assisted by CDBG funds,
the income shall be prorated to reflect the percentage of CDBG funds used. If there is a
Program Income balance at the end of the Program Year, such balance shall revert to the
COUNTY's Community Block Grant Program, for further reallocation.
Purchase of Equipment: Equipment under the SUBRECIPIENT'S control that was acquired or
improved, in whole or in part, with CDBG funds shall be used to meet one of the CDBG National
Objectives, pursuant to 24 CFR 570.208, during the continued use period, as referenced in section
3.14 (Grant Closeout Procedures) of this Agreement. If the SUBRECIPIENT sells, transfers,
disposes of, or otherwise fails to continue to use the CDBG-assisted equipment in a manner that
meets a CDBG National Objective,the SUBRECIPIENT shall pay the COUNTY an amount equal
to the current fair market value of the equipment, less the percentage of non-CDBG funds used to
acquire the equipment.
Equipment no longer needed by the SUBRECIPIENT for CDBG-eligible activities under this
Agreement shall be: (a) transferred to the COUNTY for use elsewhere in the CDBG program, or
(b) retained by the SUBRECIPIENT after compensating the COUNTY an amount equal to the
current fair market value of the equipment, less the percentage of non-CDBG 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 five (5)
year continued use period has been met. The continued use period shall commence with the later
of the SUBRECIPIENT meeting the National Objective or the recording of lien and/or deed
restriction documentation. Activities during this closeout period shall include, but are not limited
to making final payments;disposing of program assets(including the return of all unused materials,
equipment,program income balances, and receivable accounts to the COUNTY); and determining
the custodianship of records. In addition to the records retention outlined in Part 2.2, the
SUBRECIPIENT shall comply with Section 119.021, Florida Statutes, regarding records
maintenance,preservation,and retention.A conflict between state and federal 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 exceeding the amount SUBRECIPIENT is entitled to
under the terms and conditions of this Agreement must be refunded to the COUNTY.
SUBRECIPIENT shall also produce records and information complying with Section 215.97,
Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.344.
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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, to the greatest extent feasible, eligible
business concerns located in or owned in substantial part by persons residing in the project areas
shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with
Section 3 of the Housing and Community Development Act of 1968.
3.17 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 that is 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 women's business enterprises,
in lieu of an independent investigation.
3.18 PROGRAM BENEFICIARIES
If the Agreement is meeting a National Objective through an LMI strategy, at least 51 percent of
the beneficiaries of a project funded through this Agreement must be low- and moderate- income
persons, or presumed to be low- to moderate- income persons based on applicable regulation.
Determination of income eligibility is based on the annual income of the family or household.This
Agreement conforms to the definition of Annual Income, per 24 CFR 570.3(1)(i), where Annual
income is defined under the Section 8 Housing Assistance Payments. Details for calculating the
Annual Income are contained in 24 CFR 5.609, with practical instructions contained in HUD
Handbook 4350.3, Chapter 5.
If the project is located in an entitlement city as defined by HUD, or serves beneficiaries
countywide, more than 30 percent of the beneficiaries directly assisted under this Agreement must
reside in unincorporated Collier County or in municipalities participating in the COUNTY's Urban
County Qualification Program. The project shall assist beneficiaries as defined above for the time
period designated in Exhibit C of this Agreement.
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3.19 AFFIRMATIVE ACTION
The SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program
pursuant to the COUNTY's specifications, in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966. The SUBRECIPIENT shall submit a plan for an
Affirmative Action Program for approval prior to the award of funds. The Affirmative Action
Program will need to be updated throughout the continued use period and must be submitted to the
COUNTY within 60 days of any update/modification.
3.20 CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ, who presently exercises any
functions or responsibilities in connection with the Project, has any personal financial interest,
direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner
or degree with the performance of this Agreement,and that no person having any conflict of interest
shall be employed by or subcontracted by SUBRECIPIENT. The SUBRECIPIENT covenants that
it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest," 2 CFR 200.318, and
the State and County statutes,regulations,ordinances,or resolutions governing conflicts of interest.
The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person,or an entity
owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval
of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not
intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees.
Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its
contractors shall be disclosed to CHS in writing, provided however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low- and moderate-
income residents of the project target area.
3.21 BYRD ANTI-LOBBYING AMENDMENT
Each tier certifies that the tier above it will not, and has not, used Federally appropriated funds to
pay any person or organization for influencing or attempting to influence the award of Federal
funds, as covered by 31 USC 1352, as more fully described in Section 4.47 of this Agreement.
Contractors who apply or bid for an award of$100,000 or more shall file the required certification.
3.22 RELIGIOUS ORGANIZATIONS
CDBG funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows:
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A. It will not discriminate against any employee or applicant for employment based on
religion,and will not limit employment or give preference in employment to persons based
on religion.
B. It will not discriminate against any person applying for public services based on religion,
and will not limit such services or give preference to persons based on religion.
C. It will retain its independence from Federal, State, and Local governments and may
continue to carry out its mission, including the definition, practice, and expression of its
religious beliefs, provided it does not use direct CDBG funds to support any inherently
religious activities,such as worship, religious instruction, or proselytizing.
D. The funds shall not be used for the acquisition,construction, or rehabilitation of structures
to the extent that those structures are used for inherently religious activities. Where a
structure is used for both eligible and inherently religious activities, CDBG funds may not
exceed the cost of those portions of the acquisition, construction, or rehabilitation that are
attributable to eligible activities, in accordance with the cost accounting requirements
applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG
funded religious congregation uses as its principal place of worship,however,are ineligible
for CDBG funded improvements.
3.23 INCIDENT REPORTING
If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any
subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect,
or exploitation of a child, aged person, or disabled person.
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.
3.25 MISCELLANEOUS
The SUBRECIPIENT and the COUNTY each binds itself, its partners, successors, legal
representatives, and assigns of such other party in respect to all covenants of this Agreement.
The SUBRECIPIENT represents and warrants that the financial data,reports,and other information
on the Project it furnished to the COUNTY are accurate and complete, and financial disclosures
fairly represent the financial position of the SUBRECIPIENT.
The SUBRECIPIENT certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this
Agreement. The SUBRECIPIENT also certifies that the undersigned person has the authority to
legally execute and bind the SUBRECIPIENT to the terms of this Agrement.
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The Grant Documents shall be construed in accordance with and governed by the laws of the State
of Florida, without giving effect to its provisions regarding choice of laws.
All activities authorized by this Agreement shall be subject to and performed in accordance with
the provisions of the terms and conditions of the Agreement between the COUNTY, the
Regulations, all applicable federal, state, and municipal laws, ordinances, regulations, orders, and
guidelines, including but not limited to any applicable regulations issued by the DIVISION.
Electronic Signatures. This Agreement,and related documents entered into in connection with this
Agreement are signed when a party's signature is delivered by facsimile, e-mail, or any other
electronic medium. These signatures must be treated in all respects as having the same force and
effect as original signatures.
Remainder of Page Intentionally Left Blank
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title24/24cfr570 main 02.tpl
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=lacdb92f3 b05c3 f285dd76c26d 14f54e&mc=true&node=pt24.1.58&rgn=div5
4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended
https://www.hud.gov/program offices/commplanning/communitydevelopment/rulesandregs/law
s/sec5309
4.4 The Fair Housing Act(42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing
Act. https://www.hud.gov/sites/documents/DOC 7771.PDF
https://www.j ustice.gov/crt/fair-housing-act-1
Executive Order 11063—Equal Opportunity in Housing https://www.archives.gov/federal-
register/codification/executive-order/11063.htm l
Executive Order 11259- Leadership& Coordination of Fair Housing in Federal Programs
https://www.archives.gov/federal-register/codification/executive-order/I 2259.html
24 CFR Part 107 -Non-Discrimination and Equal Opportunity in Housing under E.O.
https://www.law.cornell.edu/cfr/text/24/part-107
4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as
amended https://www.hud.gov/programdescription/title6
4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
https://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vo13/pdf/CFR-2007-title24-vo13-sec570-
602.pdf
4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations. EO 11246:
https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended
EO 11375 and 12086: see item #8 below
4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972,42 USC §2000e,et. seq. The SUBRECIPIENT will,in all solicitations or advertisements for
employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or
Affirmative Action employer.
https://www.hud.gov/programdescription/title6
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4.9 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD
Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all
applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a
condition of the Federal financial assistance provided under this Agreement and binding upon the
COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through which Federal
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
The SUBRECIPIENT further agrees to comply with these"Section 3"requirements and to include
the following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a program providing
direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires
that,to the greatest extent feasible, opportunities for training and employment be given to low-and
very low-income residents of the project area, and that contracts for work in connection with the
project be awarded to business concerns that provide economic opportunities for low- and very
low-income persons residing in the metropolitan area in which the project is located."
The SUBRECIPIENT further agrees to ensure that opportunities for training and employment
arising in connection with a housing rehabilitation (including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project are given to low-
and very low-income persons residing within the metropolitan area in which the CDBG-funded
project is located; where feasible, priority should be given to low- and very low-income persons
within the service area of the project or the neighborhood in which the project is located, and to
low- and very low- income participants in other HUD programs; and award contracts for work
undertaken in connection with a housing rehabilitation(including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project to business
concerns that provide economic opportunities for low- and very low-income persons residing
within the metropolitan area in which the CDBG-funded project is located;where feasible,priority
should be given to business concerns that provide economic opportunities to low- and very low-
income residents within the service area or the neighborhood in which the project is located,and to
low- and very low-income participants in other HUD programs.
https://www.hud.gov/sites/documents/DOC 12047.PDF
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tp1=/ecfrbrowse/Title24/24cfr 1 35 main 02.tpl
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4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107 and 12086.
Age Discrimination Act of 1975
https://www.law.cornell.edu/uscode/text/42/chapter-76
11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.htm
11375: Amended by EO 11478
11478: https://www.archives.gov/federal-register/codification/executive-order/11478.html
12107: https://www.archives.gov/federal-register/codification/executive-order/12107.html
12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
https://www.dol.gov/whd/regs/statutes/safe01.pdf
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K.
Section 504: https://www.epa.gov/ocr
29 USC 776: https://law.onecle.com/uscode/29/776.html
24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudap
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
https://www.fhwa.dot.gov/real estate/uniform act/index.cfm
4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all
construction contracts funded by CDBG.
Davis-Bacon Act: 42 USC 276a to 40 USC 276a:
https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40-section276a-
7&num=0&edition=1999
29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in
whole or in part, by Loans or Grants from the United States
https://www.law.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)
https://www.law.comell.edu/cfr/text/29/part-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally
assisted projects. https://www.presidency.ucsb.edu/ws/index.php?pid=23675
4.16 As a supplement to the Davis-Bacon Act requirements,the SUBRECIPIENT agrees to comply with
the "Copeland Anti-Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or
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subcontractors from inducing an employee to relinquish any part of his/her compensation, under
the federally-funded contract.
18 U.S.C. 874 https://www.govinfo.gov/content/pkg/USCODE-2010-title 18/pdf/USCODE-2010-
title 18.pdf
40 U.S.C. 276c https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40-
section276c&num=0&edition=1999
4.17 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 - which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise.
https://www.archives.gov/federal-register/codification/executive-order/11625.htm I
4.18 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulations,and executive orders referenced in 24 CFR 570.607, as
revised by Executive Order 13279.The applicable non-discrimination provisions in Section 109 of
the Housing and Community Development Act(HCDA)are still applicable.
24 CFR 570.607:
https://www.ecfr.gov/cgi-bin/text-
idx?SID=9eae3f8eaa99I f0411 f383b74003bcb I&mc=true&node=pt24.3.570&rgn=div5#se24.3.5
70 1607
E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm
4.19 Public Law 100-430-the Fair Housing Amendments Act of 1988.
https://www.ncbi.nlm.nih.gov/pubmed/12289709
4.20 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200 main 02.tpl
4.21 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;2)extend or renew a contract to procure or obtain; 3)enter into
a contract(or extend or renew a contract)to procure or obtain equipments,services,or systems that
use(s) covered telecommunications equipment or services as a substantial component of any
system, or as critical technology as part of any system.
4.22 Immigration Reform and Control Act of 1986
https://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html
4.23 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give,
either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any
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COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311.
Florida Statutes-
https://www.lawserver.com/law/state/floridalstatutes/florida statutes chapter 112_part iii
Collier County-
http://www.colliergov.net/home/showdocument?id=35.137
4.24 Order of Precedence-In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except that the terms of any Supplemental Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
4.25 Venue-Any suit of action brought by either party to this Agreement against the other party,relating
to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in
Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required
for this item).
4.26 Dispute Resolution-Prior to the initiation of any action or proceeding permitted by this Agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation, and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes.The litigation arising out of this Agreement shall be adjudicated in Collier County,Florida,
if in state court; and the US District Court, Middle District of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
https://www.flsenate.gov/Laws/Statutes/2012/44.102
4.27 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE-
2010-tit1e42/html/USCODE-2010-title42-chap85.htm
https://www.law.cornell.edu/uscode/text/42/chapter-85
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.govinfo.gov/content/pkg/USCODE-2011-tit1e33/pdf/USCO DE-201 1-title3 3-
chap26.pdf
https://www.law.cornell.edu/uscode/text/33/chapter-26
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4.28 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an
area identified by FEMA as having special flood hazards,flood insurance under the National Flood
Insurance Program is obtained and maintained. If appropriate, a letter of map amendment(LOMA)
may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said
flood insurance.
https://www.law.comell.edu/cfr/text/24/570.605
4.29 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this Agreement shall be subject to the HUD Lead-Based Paint Poisoning
Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo.gov/fdsys/granule/CFR-
2000-title24-vo13/CFR-2000-title24-vo13-sec570-608-id 163
4.30 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this Agreement.
https://www.nps.gov/history/local-law/nhpa1966.htm
https://www.achp.gov/sites/default/files/regulations/2017-02/regs-rev04.pdf
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.
https://www.nps.gov/history/local-law/nhpa1966.htm
4.31 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with
the Drug-Free Workplace Act of 1988 (41 USC 701).
https://www.gpo.gov/fdsys/granule/USCODE-2009-title4l/USCODE-2009-title41-chap 10-
sec701
4.32 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 the SUBRECIPIENT shall not knowingly
enter into any lower tier contract, or other covered transaction, with a person who is similarly
debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609,
Subpart K.
https://www.archives.gov/federal-register/codification/executive-order/I 2549.htm1
4.33 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable
and agrees to adhere to the accounting principles and procedures required therein, utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred. These
requirements are enumerated in 2 CFR 200, et seq.
4.34 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be
submitted to the COUNTY nine(9)months after the end of the SUBRECIPIENT's fiscal year. The
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SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty(180)days after the end of the SUBRECIPIENT'S
fiscal year. Per 2 CFR 200.345,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=5a78addeffffa535e83fed3010308aef&mc=true&node=se2.1.200 1344&rgn=div8
4.35 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101,shall be subject
to the provisions of CDBG including, but not limited to, the provisions on use and disposition of
property. Any real property within SUBRECIPIENT control, which is acquired or improved, in
whole or part, with CDBG funds in excess of$25,000, must adhere to the CDBG Regulations at
24 CFR 570.505.
https://www.gpo.gov/fdsys/granule/CFR-1999-tit1e49-vol 1/CFR-1999-title49-vol l-sec24-101
https://www.govinfo.gov/app/details/CFR-2012-title24-vo13/CFR-2012-tit1e24-vol3-sec570-505
4.36 As provided in§287.133,Florida Statutes,by entering into this Agreement or performing any work
in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.
This notice is required by § 287.133 (3)(a), Florida Statutes.
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search String=&UR
L=0200-0299/0287/Sections/0287.133.html
4.37 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress,in connection with the awarding of any Federal contract,the making of any Federal grant,
the making of any Federal loan,the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions. The undersigned shall require that the language of
this certification be included in the award documents for all sub-awards at all tiers (including
subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
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4.38 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem
rates in effect at the time of travel.
https://www.gsa.gov/portal/content/104877
4.39 Equal access in accordance with the individual's gender identity in community planning and
development programs, per 24 CFR 5.106.
https://www.govregs.com/regulations/expand/title24 parts subpartA section5.106
4.40 Housing Counseling,including homeownership counseling or rental housing counseling,as defined
in §5.100, required under or provided in connection with any program administered by HUD shall
be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214
to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=e339ece9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6
https://www.law.cornell.edu/cfr/text/24/5.111
4.41 HUD Final Rule—Implementation of the Violence Against Women Reauthorization Act of 2013
which applies for all victims of domestic violence, dating violence, sexual assault, and stalking,
regardless of sex,gender identity, or sexual orientation, and which must be applied consistent
with all nondiscrimination and fair housing requirements.
https://www.federalregister.gov/documents/2016/1 1/16/2016-25888/violence-against-women-
reauthorization-act-of-2013-implementation-in-hud-housing-programs
4.42 Any rule or regulation determined to be applicable by HUD.
4.43 Florida Statute 448.095 Employment Eligibility. Per Florida Statute 448.095(3),all Florida private
employers are required to verify employment eligibility for all new hires beginning January I,
2021. Eligibility determination is not required for continuing employees hired prior to January 1,
2021.
http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&URL=0400-
0499/0448/0448.html
4.44 Florida Statutes 713.20, Part 1, Construction Liens
https://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700-
0799/0713/0713.html
4.45 Florida Statutes 119.021 Records Retention
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.021.html
4.46 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/0119.071.html
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4.47 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.
4.48 Equal Treatment of Faith-Based Organizations: By regulation, HUD prohibits all recipient
organizations from using financial assistance from HUD 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 HUD funds while taking
into account religion when hiring staff. Questions in this regard should be directed to the Office
for Civil Rights.
4.49 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records
in the employment context, except when specifically authorized. The SUBRECIPIENT agrees to
avoid the misuse of arrest or conviction records to screen applicants for employment or employees
for retention or promotion that may have a disparate impact based on race or national origin,
resulting in unlawful employment discrimination unless use is otherwise specifically authorized by
law. See https://oip.gov/about/ocr/pdfs/UseofConviction Advisory.pdf for more details.
4.50 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.
4.51 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any
credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other
person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery,
gratuity, or similar misconduct involving subaward agreement funds
4.52 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
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utilized in support of any partisan political activities or activities for or against the election of a
candidate for an elected office.
4.53 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD 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 HUD and to establish
workplace safety policies and conduct education,awareness,and other outreach to decrease crashes
caused by distracted drivers.
4.54 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.
4.55 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.
4.56 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment, or performance of experimental,
developmental,or research work under this funding agreement,the SUBRECIPIENT must comply
with the requirements of 37 CFR Part 401,"Rights of Inventions Made by Nonprofit Organizations
and Small Busines Firms Under Government Grants,Contracts,and Cooperative Agreements,"and
any implementing regulations issued by HUD.
https://www.ecfr.gov/cgi-
bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de761 dc64c0&mc=true&n=pt37.1.401&r
=PART&ty=HTML
(Signature Page to Follow)
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IN WITNESS WHEREOF,the SUBRECIPIENT and COUNTY, have each respectively, by an
authorized person or agent,hereunder set their hands and seals on the date first written above.
ATTEST: BOARD F TY COMMI ONE S OF
YSTAL K INZEL, CLE t COLLIE TY, FLORIDA
f.
By.
est as to Chairma p ty < NNY TA R, CHAI RP RSON
signature only.
Date:
90a) PROJECT , INC
,Dated: W
(SEAL)
By:
JEN FE JOHNS N, BOARD PRESIDENT
Date: / 1 Li
Approved as to form and legality:
Ck.
Jenni er A. Bel edio
p
Assistant County Attorney
Date: `2 2.
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PART V
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County,c/o Community and Human Services Division, 3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Commercial General Liability, including products and completed operations insurance, in the
amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement, in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1 —3 above,a Certificate of Insurance must be provided as follows:
4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out of the
services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this Agreement. This insurance shall be maintained for a period of two (2) years
after the certificate of Occupancy is issued.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its
Subcontractors to provide, original certificates indicating the following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an"All Risk" basis, in an amount not less than one
hundred (100%)percent of the insurable value of the building(s) or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4001),
the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal
Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under
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the National Flood Insurance Program is obtained and maintained, as a condition of financial
assistance for acquisition or construction purposes (including rehabilitation).
OPERATION/MANAGEMENT PHASE(IF APPLICABLE)
After the Construction Phase is completed and occupancy begins,the following insurance must be kept in
force throughout the duration of the loan and/or Agreement:
7. Workers' Compensation as required by Chapter 440, Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
10. Property Insurance coverage on an"All Risk"basis,in an amount not less than one hundred(100%)
of the replacement cost of the property.Collier County must be shown as a Loss payee,with respect
to this coverage A.T.I.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full
replacement values of the structure(s) or the maximum amount of coverage available through the
National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee
A.T.I.M.A.
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EXHIBIT B
COLLIER COUNTY COMMUNITY& HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SUBRECIPIENT Name: Project HELP, Inc.
SUBRECIPIENT Address: 3050 Horseshoe Drive North, Suite 280,Naples, FL 34104
Project Name: Forensic and Mental Health Mobile Unit
Project No: PS21-03 _ Payment Request#
Total Payment Minus Retainage
Period of Availability: 10/1/2021 _through 9/30/2022
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
Subrecipient CHS Approved
1. Grant Amount Awarded $ $
2. Total Amount of Previous Requests $ $
3. Amount of Today's Request(Net of Retainage, if $ $
applicable)
4. Current Grant Balance (Initial Grant Amount Award $ $
request)(includes Retainage)
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT.To the best of my knowledge and belief,
all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor(Approval required $15.000 and Division Director(Approval Required
above) $15,000 and above)
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EXHIBIT C
QUARTERLY PERFORMANCE REPORT DATA
The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement
and Information System(IDIS). The COUNTY reports information on a quarterly basis. To facilitate in the
preparation of such reports,SUBRECIPIENT shall submit the information contained herein within ten(10)
days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to
enter the information collected on this exhibit into an online grant management system.
Subrecipient Name: Project HELP, Inc. Date:
Project Title: Forensic and Mental Health Mobile Unit IDIS#:
Program Contact: Eileen Wesley Telephone Number:
Activity Reporting Period Report Due Date
October 1"—December 31St January 10th
January 1"—March 31 S` April 10`h
April 1"—June 30th July 10`h
July 1 S`—September 30th October 10`h
REPORT FOR QUARTER ENDING:(check one that applies to the corresponding grant period):
12/31/21 3/31/22 6/30/22 9/30/22
Please note: The HUD Program year begins October 1,2021 —September 30,2022. Each quarterly report must include
cumulative data beginning from the start of the program year October 1,2021.
1. Please list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement and indicate your
progress in meeting those goals since October 1,2021.
a. Outcome Goals: list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement
Outcome 1: Purchase/acquisition of a Forensic and Mental Health Mobile Unit
Outcome 2: A minimum of 80 clients will be served during the term of the agreement.
Outcome 3: Documentation(Income Certifications)that at least 51%of persons served,are low-to moderate-
income persons,to meet the CDBG National Objective-LMC.
b. Goal Progress: Indicate the progress to date in meeting each outcome goal.
Outcome 1:
Outcome 2:
Outcome 3:
2. Is this project still in compliance with the original project schedule: Yes ❑ No ❑
If No,Explain:
3. Since October 1,2021;of the persons assisted,how many...
Answer ONLY for Public Facilities& Infrastructure Activities *03 Matrix Codes
a. ...now have new access(continuing)to this service or benefit? 0
b. ...now have improved access to this service or benefit? 0
c. ...now receive a service or benefit that is no longer substandard? 0
Total 0
4. What funding sources did the SUBRECIPIENT apply for this period?
Section 108 Loan Guarantee $ CDBG $
Other Consolidated Plan Funds $ HOME $
Other Federal Funds $ ESG $
$ HOPWA $
$ Total Entitlement $
Funds
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5. What is the total number of UNDUPLICATED Persons(LMC)or Households(LMH)served this QUARTER, if
applicable? Answer question 5a or 5b; NOT both
For LMC activities: people,race/ethnicity,and income data are reported by persons.
For LMH activities: households,race/ethnicity,and income level are reported by households,regardless
the number of persons in the household.
a. Total No. Persons/Adults served(LMC) 0 Total No. persons served under 18 0
(LMC)
Quarter Total No.of Persons 0 Quarter Total No.of Persons 0
b. Total No.of Households served 0 Total No.of female head of household 0
(LMH)
6. What is the total number of UNDUPLICATED clients served since October, if applicable?
Answer question 6a or 6b,NOT both
For LMC activities: race/ethnicity and income data are reported by persons.
a. Total No. Persons/Adults served(LMC) 0 Total No. Persons served under 18 0
(LMC)
YTD Total: 0 YTD Total 0
b. Total No. Households served(LMH) 0 Total No. female head of household(LMH) 0
YTD Total 0 YTD Total 0
Complete EITHER question 7 or 8,NOT both
Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed
Benefit categories.
7. PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY
(LMC)Quarter (LMC)YTD
Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED
served this quarter who fall into each presumed benefit persons served since October 1 who fall into each
category (the total should equal the total in question #6a presumed benefit category (the total should equal the
or 6b): total in question#6a or 6b):
a Presumed Benefit Activities Only(LMC)QTR b Presumed Benefit Activities Only(LMC)YTD
0 Abused Children ELI 0 Abused Children ELI
0 Homeless ELI 0 Homeless Person ELI
Person
0 Migrant Farm LI 0 Migrant Farm Workers IA
Workers
0 Battered LI 0 Battered Spouses LI
Spouses
0 Persons LI 0 Persons w/HIV/AIDS LI
w/HIV/AIDS
0 Elderly Persons LI or MOD 0 Elderly Persons LI or
MOD
0 Illiterate Adults LI 0 Illiterate Adults LI
0 Severely LI 0 Severely Disabled Adults LI
Disabled Adults
0 Quarter Total 0 YTD Total
8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category.
Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range
Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED
served this Quarter who fall into each income category persons served since October 1 (YTD)who fall into
(the total should equal the total in question #6): each income category (the total should equal the total
in question#6):
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a ELI Extremely Low Income(0-30%) 0 b ELI Extremely Low 0
Income(0-30%)
LI Low Income(31-50%) 0 LI Low Income 0
MOD Moderate Income(51-80%) 0 MOD Moderate Income 0
(5 1-80%)
NON-L/M Above Moderate Income(>80%) 0 NON-L/M Above Moderate 0
Income(>80%)
Quarter Total 0 YTD Total 0
9. Is this project in a Low/Mod Area(LMA)? YES NO
Was project completed this quarter? YES NO If yes,complete all of this section 9.
Datc project completed
Block Group Census Tract Total Beneficiaries Low/Mod Low/Mod Percentage
Beneficiaries
0 0 0 0 0
Date LMA Narrative approved by CHS?
What documentation supports project completion? (i.e.,
Certificate of Completion or Certificate of Occupancy,
etc.)
10. Racial&Ethnic Data(if applicable)
Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients
clients served this Quarter fall into each race served since October(YTD)fall into each race category. In
category.In addition to each race category,please addition to each race category please indicate how many
indicate how many persons in each race category persons in each race category consider themselves
consider themselves Hispanic. (Total Race column Hispanic. (Total Race column should equal the total in
should equal the total in question 6.) question 6.)
a. RACE ETHNICITY b. RACE ETHNICITY
/HISPANIC /HISPANIC
White 0 0 White 0 0
Black/African American 0 0 Black/African American 0 0
Asian 0 0 Asian 0 0
American Indian/Alaska Native 0 0 American Indian/Alaska 0 0
Native
Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific 0 0
Islander
Black/African American&White 0 0 Black/African American& 0 0
White
American Indian/Alaska Native& 0 0 American Indian/Alaska 0 0
Black/African American Native&Black/African
American
Other Multi-racial 0 0 Other Multi-racial 0 0
0 0 0 0
Name:
Signature:
Title:
Your typed name here represents your electronic signature
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EXHIBIT D
INCOME CERTIFICATION
INSTRUCTIONS
Complete this form and retain appropriate supporting documentation proving CDBG assistance
to an eligible beneficiary. Please retain in your organization's records and have on hand for
future monitoring visits.
Effective Date:
A. Household Information
Member Names—All Household Members Relationship Age
1
2
3
4
5
6
7
8
B. Assets: All Household Members,Including Minors
Member Asset Description Cash Value Income
from Assets
1
2
3
4
5
6
7
8 0.00
Total Cash Value of Assets B(a) 0.00
Total Income from Assets B(b) 0.00
If line B(a) is greater than$5,000, multiply that amount by the rate specified
by HUD(applicable rate 0 .06%)and enter results in B(c), otherwise leave
blank. B(c)
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C. Anticipated Annual Income: Includes Unearned Income and Support Paid on
Behalf of Minors
Member Wages/ Benefits/ Public Other Asset
Salaries Pensions Assistance Income Income
(include tips,
commissions, (Enter the
bonuses, and greater of
overtime) box B(b)or
1 box B(c),
2 above, in
3 box C(e)
4 below)
• 5
6
7
8
Totals (a) (b) (c) (d) (e)
0.00 0.00 0.00 0.00
Enter total of items C(a)through C(e). 0.00
This amount is the Annual Anticipated Household Income.
D. Recipient Statement: The information on this form is to be used to determine maximum
income for eligibility. I/we have provided, for each person set forth in Item A, acceptable
verification of current and anticipated annual income. 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 Section 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. CDBG Grantee Statement: Based on the representations herein, the family or individual(s)
named in Item A of this Income Certification is/are eligible under the provisions of the
CDBG Program. The family or individual(s)constitute(s) a:
❑ Extremely Low Income (ELI) Household means and individual or family whose annual income
does not exceed 30/50th of the Very Low Income (60 percent of VLI) percent of the area median
income as determined by the U.S. Department of Housing and Urban Development with
adjustments for household size. (Maximum Income Limit$ ).
❑ Very Low Income (VLI) Household means and individual or family whose annual income does
not exceed 50 percent of the area median income as determined by the U.S. Department of Housing
and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
❑ Low Income (LI) Household means and individual or family whose annual income does not
exceed 80 percent of the area median income as determined by the U.S. Department of Housing
and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
Based on the (year) income limits for the Naples-Marco Island Metropolitan
Statistical Area(MSA)of Collier County, Florida.
Signature of the CDBG Administrator or His/Her Designated Representative:
Signature Date
Printed Name Title
F. Household Data
Number of Persons
By Race/Ethnicity By Age
American Native Other
Indian Asian Black Hawaiian or White 0—25 26—40 41 —61 62+
Other Pac.
Islander
Hispanic
Non-
Hispanic
NOTE: Information concerning the race or ethnicity of the occupants is being gathered for statistical
use only. No beneficiary is required to give such information, and refusal to give such information
will not affect any right he or she has to the CDBG program.
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EXHIBIT E
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.332 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 the organization's compliance. In determining Federal
awards expended in a fiscal year, the subrecipient 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) re uirements.
Subrecipient Project HELP, Inc.
Name
First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year (MM/DD/YY)
01/01/2021 12/31/2021
Total Federal Financial Assistance Expended Total State Financial Assistance Expended during
during most recently completed Fiscal Year most recently completed Fiscal Year
$ $
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been
met, and a Single Audit as required by 2 CFR Part 200 Subpart F has been completed or will be
completed by . Copies of the audit report and management letter are attached
or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
n ❑ 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
n understand that the audit report contains a written response to the finding(s), we are requesting
an updated status of the corrective action(s) being taken. Please do not provide just a copy of
the written response from your audit report, unless it includes details of the actions, procedures,
policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
06/18
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MEMORANDUM
Date: October 5, 2021
To: Catherine Sherman, Grants Coordinator
Community & Human Services
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: Agreement between Collier County
The Shelter for Abused Women & Children, Inc.
Enclosed please find two (2) original of each document referenced above
(Agenda Item #16D7), approved by the Board of County Commissioners on
Tuesday, June 22, 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 252-7240.
Thank you.
Enclosures
i6D7
FAIN# E-21-UC-12-00-16
Federal Award Date EST 10/2021
Federal Award Agency HUD
CFDA Name Emergency Solutions
Grant
CFDA/CSFA# 14.231
Total Amount of $100,000.00
Federal Funds Awarded
Subrecipient Name The Shelter for Abused
Women& Children, Inc.
DUNS# 836680769
FEIN 59-2752895
R&D No
Indirect Cost Rate No
Period of Performance October 1, 2021 —
September 30, 2022
Fiscal Year End 6/30
Monitor End: 06/23
AGREEMENT BETWEEN COLLIER COUNTY
AND
THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC.
Shelter Operations Program
THIS AGREEMENT is made and entered into this -,�'LD day of
--,(u ,2021,by and between Collier County,a political subdivision of the State
of Florida, (COUNTY or Grantee) having its principal address as 3339 E. Tamiami Trail, Naples
FL 34112,and THE SHELTER FOR ABUSED WOMEN& CHILDREN,INC. ,a private not-
for-profit corporation existing under the laws of the State of Florida, (SUBRECIPIENT) having
its principal office at PO Box 10102,Naples, FL 34101.
WHEREAS, the COUNTY is an entitlement community of the United States Department
of Housing and Urban Development (HUD) for a grant to execute and implement the Emergency
Solutions Grant (ESG) program in certain areas of Collier County, pursuant to the Homeless
Emergency Assistance and Rapid Transition to Housing (HEARTH) Act(24 CFR 576) amending
the McKinney-Vento Homeless Act (42 U.S.C. 11371-11378); and
WHEREAS, pursuant to the aforesaid grant, COUNTY is undertaking certain activities to
primarily benefit homeless individuals in Collier County with the use of ESG funds to improve
the quality of life in Collier County by providing assistance for any of the following five (5)
program components (street outreach, emergency shelter, homelessness prevention, rapid re-
housing assistance, and Homeless Management Information System [HMIS]); and
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WHEREAS,the Board of County Commissioners of Collier County(Board)approved the
Collier County Consolidated Plan- One-Year Action Plans for Federal Fiscal Year 2021-2022 for
the ESG Program at the June 22, 2021, Board of County Commissioners meeting, Agenda Item
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated
Plan concerning the preparation of various Annual Action Plans, the COUNTY advertised the
2021 —2022 Annual Action Plan, on May 1, 2021 , with a 30-day Citizen Comment period from
May 1, 2021 to June 1, 2021; and
WHEREAS,the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in the undertaking the Emergency Solutions Grant Project — (ES21-03)
Shelter Operations.
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is
agreed by the Parties as follows:
PART I
SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards
required as a condition of providing ESG funds, as determined by Collier County Community and
Human Services Division (CHS), perform the tasks necessary to conduct the program as follows:
PROJECT DETAILS
Emergency Solutions Grant—Shelter Operations Program: Shelter operation expenses and
personnel salaries to benefit homeless individuals in Collier County.
Project Component One: Personnel salary for an Operations Support Administrator
Project Component Two: Annual Shelter operation expenses which may include but are
not limited to,security maintenance,monthly security system monitoring,electricity,water
and sewer, trash collection, insurance, interne, phone, recurring monthly fees,
repair/maintenance expenses, food costs for the facility, pest control and lawn care
1. Project Tasks:
a. Maintain documentation on all households served, in compliance with
24 CFR 576.500
b. Provide quarterly reports on meeting an ESG Eligible Activity
2. ESG Documentation Requirements Compliance Criteria:
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Activities carried out with funds provided under this Agreement will
contribute to a program designed to be the first step in a continuum of
assistance to enable homeless individuals and families to move toward
independent living,as well as prevent homelessness,as defined in 24 CFR
Part 576 (Subpart B Eligible Activities 576.21).
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
completion of the project.
B. The following resolutions and policies must be submitted within sixty (60) days of
the execution of this Agreement.
M Affirmative Fair Housing Policy
® Affirmative Action/Equal Opportunity Policy
® Affirmative Action Plan
® Conflict of Interest Policy
M Procurement Policy
n Uniform Relocation Act Policy
® Sexual Harassment Policy
® Section 3 Policy
M Section 504/ADA Policy
® Fraud, Waste, and Abuse Policy
® Violence Against Women Act(VAWA) Policy
• LGBTQ Policy
M Language Assistance and Planning Policy (LAP)
C. Environmental Review Requirement (ERR) - No program costs can be incurred
until an environmental review of the proposed project is completed and approved.
Further, the SUBRECIPIENT will not undertake any activity or commit any funds
prior to receiving the CHS Notice to Proceed (NTP) letter. Violation of this
provision will result in the denial of any reimbursement of funds under this
Agreement.
D. Annual Subrecipient Training -
All SUBRECIPIENT staff assigned to the administration and implementation of
the Project established by this Agreement, shall attend the CHS-sponsored Annual
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
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special condition, must be submitted to the Grant Coordinator, in writing, at least
14 days, prior to the training.
1.2 PROJECT DETAILS
A. Project Description/Budget
The budget identified for the Shelter Operations Project shall be as follows:
Description Federal Amount ESG Match
1:1
Project Component 1: Personnel salary for an $38,000.00
Operations Support Administrator
Project Component 2: Annual Shelter operation expenses $62,000.00
which may include but are not limited to, security
maintenance, monthly security system monitoring,
electricity, water and sewer, trash collection, insurance,
internet, phone, recurring monthly fees,
repair/maintenance expenses, food costs for the facility,
pest control and lawn care
ESG Match Requirement Documentation of $100,000.00
ESG Eligible
Matching Funds
Total Federal Funds: $100,000.00
The SUBRECIPIENT will accomplish the following checked project tasks:
n P- ay all closing costs related to property conveyance
® Maintain and provide to the COUNTY, as requested, beneficiary documentation
that supports the benefit of homelessness
XI Provide Quarterly Reports and project progress
• Ensure attendance by a representative from executive management at quarterly
partnership meetings, as requested by CHS
❑ Provide monthly construction and rehabilitation progress reports until completion
of construction or rehabilitation
n I- dentify Lead Project Manager
n P- rovide Site Design and Specifications
❑ Comply with Davis-Bacon Labor Standards
n Provide certified payroll weekly throughout construction and rehabilitation
N Comply with Section 3 and maintain documentation
n Comply with Uniform Relocation Act (URA), if necessary
n E- nsure applicable numbers of units are Section 504/ADA accessible
n Ensure the applicable affordability period is met for the project
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B. Program Components/Eligible Activities
All services/activities funded with ESG funds must meet one of the ESG program
components, as defined in 24 CFR 576:
• Street Outreach: Funds may cover costs related to essential services for
unsheltered persons (including emergency health or mental health care,
engagement, case management, and services for special populations).
• Emergency Shelter: Funds may be used for renovation of emergency shelter
facilities and the operation of those facilities, as well as services for the residents
(including case management,child care,education,employment assistance and job
training, legal, mental health, substance abuse treatment, transportation, and
services for special populations).
• Homelessness Prevention and Rapid Re-Housing: Both components fund
housing relocation and stabilization services (including rental application fees,
security deposits, utility deposits or payments, last month's rent, and housing
search and placement activities). Housing may also be used for short- or medium-
term rental assistance for those who are at-risk of becoming homeless or
transitioning to stable housing.
• HMIS: Funds may be used to pay the costs for contributing data to the HMIS
designated by the Continuum of Care for the area. Eligible activities include
computer hardware, software, or equipment, technical support, office space,
salaries of operators, staff training costs, and participation fees.
C. Performance Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Special Grant Condition Policies as stated in this Within sixty (60) days of
Policies (Section 1.1) Agreement Agreement execution
Insurance Insurance Certificate Within 30 days of Agreement
execution and annually within
thirty (30) days of renewal
Detailed project Schedule Project Schedule N/A
Project Plans and Site Plans and N/A
Specifications Specifications
Subcontractor Log Subcontractor Log N/A
Project Performance Report Exhibit C—Quarterly Quarterly; Within 10 days after
Project Performance Report the end of the quarter, until
project is complete.
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Section 3 Report Quarterly reports on new Quarterly; Within 10 days after
hire information the end of the quarter, until
project is complete.
Annual Audit Monitoring Exhibit D Annually, within 60 days after
Report FY end
Financial and Compliance Audit, Management Letter Annually, nine (9) months for
Audit and Supporting Single Audit OR one hundred and
Documentation eighty (180) days after FY end.
Program Income Reuse Plan Approved by the N/A
Plan COUNTY
D. Payment Deliverables
Payment Deliverable Payment Supporting Documentation Submission
Schedule
Project Component 1: Exhibit B along with documentation Monthly submission
Personnel salary for an including but not limited to properly within 30 days of
Operations Support completed timesheets, payroll, the prior month
Administrator banking, canceled checks, and any
additional supporting documentation
as requested.
Project Component Two: Exhibit B along with documentation Monthly submission
Annual Shelter operation including but not limited to properly within 30 days of
expenses which may include completed invoices, banking, canceled the prior month
but are not limited to, security checks, utility documents, and any
maintenance, monthly security additional supporting documentation
system monitoring, electricity, as requested.
water and sewer, trash
collection, insurance, interne,
phone, recurring monthly fees,
repair/maintenance expenses,
food costs for the facility, pest
control and lawn care
Final 10% ($)released upon a
successful closeout monitoring.
Retainage will be deducted from each
invoice
ESG Match Exhibit B-1, along with supporting Monthly Match: a
Match documentation minimum of dollar-
for-dollar, with each
submitted pay
request, until 100%
of funded amount is
reached.
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1.3 PERIOD OF PERFORMANCE
SUBRECIPIENT services shall start on October 1, 2021 and end on September 30, 2022
(Term of Agreement). The SUBRECIPIENT's services/activities shall be undertaken and
completed considering the purposes of this Agreement. Any funds not obligated by the
expiration date of this Agreement shall automatically revert to the COUNTY.
The County Manager or designee may extend the term of this Agreement for a period of
up to 180 days after the end of the Agreement. Extensions must be authorized, in writing,
by formal letter to the SUBRECIPIENT.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available ONE HUNDRED THOUSAND DOLLARS
AND ZERO CENTS ($100,000.00) for use by the SUBRECIPIENT during the Term of
the Agreement (hereinafter referred to as the "Funds").
Modifications to the `Budget and Scope" may only be made if approved in advance.
Budgeted fund shifts between project components shall not exceed 10 percent or signify a
change in scope. Fund shifts that exceed 10 percent of a project component shall only be
made with Board approval.
All services/activities specified in Part 1 Scope of Services shall be performed by
SUBRECIPIENT employees or be put out to competitive bidding under a procedure
acceptable to the COUNTY and meets Federal requirements. The SUBRECIPIENT shall
enter into a contract for improvements with the lowest, responsive, and qualified bidder as
further set forth in Section 13.3 of this Agreement. Contract administration shall be handled
by the SUBRECIPIENT and monitored by CHS,which shall have access to all records and
documents related to the project.
The COUNTY shall reimburse the SUBRECIPIENT for the performance of this
Agreement upon completion or partial completion of the work tasks as accepted and
approved by CHS. SUBRECIPIENT may not request disbursement of ESG funds until
needed for eligible costs, and all disbursement requests must be limited to the amount
needed at the time of the request. Invoices for work performed are required every month.
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 a month,
or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is
required. Explanations may be required if two consecutive months of $0 invoices are
submitted. Payments shall be made to the SUBRECIPIENT when requested as work
progresses, but not more frequently than once per month. Reimbursement will not occur if
SUBRECIPIENT fails to perform the minimum level of service required by this
Agreement.
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Final invoices are due no later than 90 days after the end of the Agreement. Work
performed during the term of the Agreement but not invoiced within 90 days after the end
of the Agreement may not be processed without written authorization from the Grant
Coordinator.
No payment will be made until approved by CHS for grant compliance and adherence to
any and all applicable Local, State, or Federal requirements, including timely submission
of Performance Deliverables contained in Section 1.2.C. Late submission of deliverables
may cause payment suspension of any open pay requests until the required deliverables are
received by CHS. Except where disputed for noncompliance, payment will be made upon
receipt of a properly completed invoice, and in compliance with §218.70, Florida Statutes,
otherwise known as the"Local Government Prompt Payment Act."
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 may only incur
direct costs that may be attributed specifically to the project(s)referenced above,as defined
in 2 CFR 200.413. The SUBRECIPIENT must provide adequate documentation for
validating costs incurred. Payments to 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 Subrecipients and Contractors shall comply
with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart E,
however the COUNTY is, and may impose requirements upon the Developer to remain
compliant with the COUNTY's obligation to follow 2 CFR Subpart E. The Developer will
use adequate internal controls and maintain necessary source documentation for all costs
incurred and adhere to any other accounting requirements included in this Agreement.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, personal delivery, 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 and Human Services Division
3339 E Tamiami Trail, Suite 211
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Naples, Florida 34112
Email: Carolyn.Noble@colliercountyfl.gov
Telephone: (239) 450-5186
SUBRECIPIENT ATTENTION: Linda Oberhaus, Chief Executive Officer
The Shelter for Abused Women& Children, Inc.
PO Box 10102
Naples, FL 34101
Email: loberhaus@naplesshelter.org
Telephone: (239) 280-1350
Remainder of Page Intentionally Left Blank
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PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
At any time during normal business hours and as often as the COUNTY (and/or its
representatives) may deem necessary, the SUBRECIPIENT shall make available all
records, documentation, and any other data relating to all matters covered by the
Agreement for review, inspection, or audit.
Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT
within 30 days after receipt. Failure to comply with the above audit requirements will
constitute a violation of this Agreement and may result in withholding of future payments.
The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in
accordance with current COUNTY policy concerning SUBRECIPIENT audits.
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
The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 576.500
to determine compliance with the requirements of this Agreement, the ESG Program, and
all other applicable laws and regulations. This documentation shall include but is not
limited to the following:
A. All records required by ESG regulations.
B. SUBRECIPIENT shall maintain public records that ordinarily and necessarily
would be required by COUNTY to perform the service.
C. SUBRECIPIENT shall make available at any time upon request by the COUNTY
or CHS all reports, plans, surveys, information, documents, maps, books, records,
and other data procedures developed, prepared, assembled, or completed by the
SUBRECIPIENT for the purpose of this Agreement. Materials identified in the
previous sentence shall be in accordance with generally accepted accounting
principles (GAAP), procedures, and practices, which sufficiently and properly
reflect all revenues and expenditures of funds provided directly or indirectly by this
Agreement, including matching funds and Program Income. These records shall be
maintained to the extent of such detail as will properly reflect all net costs, direct
and indirect labor, materials, equipment, supplies, and services, and other costs and
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expenses of whatever nature for which reimbursement is claimed under the
provisions of this Agreement.
D. Upon completion of all work contemplated under this Agreement, copies of all
documents and records relating to this Agreement shall be surrendered to CHS, if
requested. In any event,the SUBRECIPIENT shall keep all documents and records
in an orderly fashion and in a readily accessible, permanent, and secured location
for three (3) years after the date of submission of 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, or audit findings involving
these records are resolved. If a SUBRECIPIENT ceases to exist after closeout of
this Agreement, it must notify the COUNTY in writing, of the address where the
records are to be kept, as outlined in 2 CFR 200.337. The SUBRECIPIENT shall
meet all requirements for retaining public records and transfer, at no cost to the
COUNTY, all public records in possession of the SUBRECIPIENT upon
termination of the Agreement and destroy any duplicate exempt and/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 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@colliercountyfl.gov,3299 Tamiami Trail E,Naples
FL 34112.
E. SUBRECIPIENT shall create and maintain income eligible files on clients served,
and documentation that all households are eligible under HUD Income Guidelines.
The SUBRECIPIENT agrees that CHS shall be the final arbiter on the
SUBRECIPIENT's compliance.
F. SUBRECIPIENT shall document how it complied with the Program Component(s),
as defined in 24 CFR 576.100, and the eligibility requirement(s) under which
funding has been received. This also includes special requirements such as
necessary and appropriate determinations, as defined in 24 CFR 576.100; income
certification; and written agreements with beneficiaries, where applicable.
G. 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
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that does not exceed the cost provided in Chapter 119, 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 D)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
eighty (180) days for Subrecipients exempt from Single Audit) after the
SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and
programmatic review.
SUBRECIPIENT agrees that CHS may carry out no less than one annual on-site
monitoring visit and evaluation activities, as determined necessary. At the COUNTY's
discretion, a desktop review of the activities may be conducted in lieu of an on-site visit.
The continuation of this Agreement is dependent upon satisfactory evaluations. The
SUBRECIPIENT shall, upon request by CHS, submit information and status reports
required by CHS or HUD to enable CHS to evaluate said progress and to allow for
completion of its 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.
The COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to
mitigate fraud, waste, abuse, or non-performance based on goals and performance
standards as stated with all other applicable laws, regulations, and policies governing the
funds provided under this Agreement, further defined by 2 CFR 200.332. Substandard
performance, as determined by the COUNTY, will constitute noncompliance with this
Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable
time period after being notified by the COUNTY, Agreement suspension or termination
procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of
Inspector General, the General Accounting Office, 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
sufficient to prevent, detect, and correct incidents of fraud, waste, and abuse in the
performance of this Agreement, and provide for the proper and effective management of
all Program and fiscal activities of the Agreement. SUBRECIPIENT's internal control
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systems,all transactions, and other significant events are to be clearly documented, and the
documentation shall be readily available for monitoring by COUNTY.
SUBRECIPIENT shall give COUNTY complete access to all 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.
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 COUNTY Resolution No. 2013-228,CHS has adopted an escalation
policy to ensure continued compliance by Subrecipients, Developers, or any entity
receiving grant funds from CHS. The escalation policy for noncompliance is as follows:
1. Initial noncompliance may result in Findings or Concerns being issued to the
SUBRECIPIENT, which requires a corrective action plan to be submitted to
CHS within 15 days following issuance of the report.
• Any pay requests that have been submitted to CHS for payment will be held
until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to the
SUBRECIPIENT, as needed, 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.
• CHS may require upwards of 5 percent of the award amount be returned to
the COUNTY, at the discretion of the Board.
• The SUBRECIPIENT may be denied future consideration as set forth in
Resolution No. 2013-228.
3. If the SUBRECIPIENT remains noncompliant or repeats an issue that was
previously corrected, and has been informed by CHS of their substantial
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noncompliance, by certified mail, CHS may require a portion of the awarded
grant amount or the amount of the ESG investment for acquisition of the
properties conveyed, be returned to the COUNTY.
• CHS may require upwards of 10 percent of the award amount to be returned
to the COUNTY, at the discretion of the Board.
• The SUBRECIPIENT will be 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.
• CHS will make a recommendation to the Board for immediate termination
of the Agreement. The 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 properties or
other activities.
• The SUBRECIPIENT will be in violation of Resolution No. 2013-228.
If the SUBRECIPIENT has multiple agreements with CHS and is found to be
noncompliant,the above sanctions may be imposed across all awards at the Board's
discretion.
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate
reports required by this Agreement, and on the resolution of monitoring findings identified
pursuant to this Agreement, as deemed necessary by the County Manager or designee.
During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress
reports to the COUNTY on the 10th day of January,April,July, and October,respectively,
for the prior quarter period end. As part of the report submitted in October, the
SUBRECIPIENT also agrees to include,a comprehensive final report covering the agreed-
upon Program objectives, activities, and expenditures including but not limited to,
performance data on client feedback with respect to the goals and objectives set forth in
Exhibit C, which contains a sample reporting form to be used in fulfillment of 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.
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent
of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion
and judgment.
3.2 GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of
Federal Regulations, Part 576, the U.S. Housing and Urban Development regulations
concerning the HEARTH Act. The SUBRECIPIENT also agrees to comply with all other
applicable Federal, State, and Local laws, regulations, and policies governing the funds
provided under this Agreement. The SUBRECIPIENT further agrees to utilize funds
available under this Agreement to supplement rather than supplant funds otherwise
available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner,
as creating or establishing the relationship of employer/employee between the parties. The
SUBRECIPIENT shall always remain an "independent contractor" with respect to the
services to be performed under this Agreement. The COUNTY shall be exempt from
payment of all Unemployment Compensation, FICA, retirement, life and/or medical
insurance, and Workers' Compensation Insurance as the SUBRECIPIENT is independent
from the COUNTY.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that
such amendments make specific reference to this Agreement, and are executed in writing,
signed by a duly authorized representative of each organization, and approved by the
COUNTY's governing body. Such amendments shall not invalidate this Agreement, nor
relieve or release the COUNTY or SUBRECIPIENT from its obligations under this
Agreement.
The COUNTY may,at its discretion,amend this Agreement to conform with Federal,State,
or governmental guidelines, policies, available funding amounts, or other reasons. If such
amendments result in a change in the funding, scope of services, or schedule of the
activities to be undertaken as part of this Agreement, such modifications will be
incorporated only by written amendment signed by both COUNTY and SUBRECIPIENT.
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3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from HUD ESG grant funds and must be
implemented in full compliance with all of HUD's rules and regulations and any agreement
between COUNTY and HUD governing ESG funds pertaining to this Agreement. In the
event of curtailment or non-production of said federal funds, the financial sources
necessary to continue to pay the SUBRECIPIENT all or any portion of the funds will not
be available.In that event,the COUNTY may terminate this Agreement,which termination
shall be effective as of the date that it is determined by the County Manager or designee,
in his or her sole discretion and judgment, that the funds are no longer available. In the
event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to
hold the COUNTY, nor any individual member of the County Commissioners and/or
County Administration, personally liable for the performance of this Agreement, and the
COUNTY shall be released from any further liability to SUBRECIPIENT under the terms
of this Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify
and hold harmless Collier County, its officers, agents, and employees from any and all
claims, liabilities, damages, losses, costs, and causes of action which may arise out of an
act or omission, including but not limited to reasonable attorneys' and paralegals' fees, to
the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons,
guests, clients, licensees, invitees, or any persons acting under the direction, control, or
supervision of the SUBRECIPIENT in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge, or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any
nature whatsoever in connection therewith and shall defend all suits in the name of the
COUNTY and shall pay all costs (including attorney's fees) and judgments which may
issue thereon. This Indemnification shall survive the termination and/or expiration of this
Agreement. This section does not pertain to any incident arising from the sole negligence
of 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 COUNTY RECOGNITION/SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorships of the Program, research reports, and
similar public notices, whether printed or digitally prepared„ and released by the
SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement:
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"FINANCED IN PART BY THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) AND
COLLIER COUNTY COMMUNITY AND HUMAN
SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This
design concept is intended to disseminate key information regarding the development team,
as well as Equal Housing Opportunity to the general public. Construction signs shall
comply with applicable COUNTY codes.
3.8 DEFAULTS, REMEDIES,AND TERMINATION
In accordance with 2 CFR 200.340, this Agreement may be terminated for convenience by
either the COUNTY or the SUBRECIPIENT, in whole or in part, by setting forth the
reasons for such termination, the effective date, and in the case of partial terminations, the
portion to be terminated. However, in the case of a partial termination, if the COUNTY
determines that the remaining portion of the award will not accomplish the purpose for
which the award was made, the COUNTY may terminate the award in its entirety. This
Agreement may also be terminated by the COUNTY if the award no longer effectuates the
program goals 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
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In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may
seek any combination of one or more of the following remedies:
A. Require specific performance of the Agreement, in whole or in part
B. Require the use of or change in professional property management
C. Require SUBRECIPIENT to immediately repay to the COUNTY all ESG funds
that it received under this Agreement
D. Apply sanctions, if determined by the COUNTY to be applicable
E. Stop all payments until identified deficiencies are corrected
F. Terminate this Agreement, by giving written notice to SUBRECIPIENT 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.
3.9 MATCH REQUIRED
SUBRECIPIENT must match ESG grant funds dollar-for-dollar, pursuant to 24 CFR
576.201. Matching funds shall be provided after the date of the grant award. Funds used to
match a previous ESG grant may not be used to match a subsequent grant award. A
SUBRECIPIENT may comply with its requirement by providing the matching funds from
any source, including any Federal source other than the ESG program, as well as State,
Local, and private sources. The SUBRECIPIENT must ensure the laws governing any
federal funds to be used do not prohibit those funds from being used to match ESG funds.
In order to meet the match requirement, the matching contributions must meet all
requirements that apply to the ESG funds provided by HUD, as required by 24 CFR
576.201(c). Matching contributions may be in the form of the following:
1. Cash contributions
2. Non-cash contributions calculated per requirements in 24 CFR 576.201(e), including
the value of any real property, equipment, goods, or services contributed to the
SUBRECIPIENT's ESG program, provided that, if the SUBRECIPIENT had to pay
for them with grant funds,the costs would have been allowable.Non-cash contributions
may include:
a. The purchase value of any donated material or building. SUBRECIPIENT shall
determine the value of any donated material or building, or any lease, using a
method reasonably calculated to establish a fair market value.
b. Match in the form of services provided by individuals must be valued at rates
consistent with those ordinarily paid for similar work in the SUBRECIPIENT's
organization. If the SUBRECIPIENT does not have employees performing
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similar work, the rates must be consistent with those ordinarily paid by other
employers for similar work in the same labor market.
3. Costs paid by program income shall count toward meeting the SUBRECIPIENT's
match requirements,provided the costs are eligible ESG costs that supplement the ESG
program.
3.10 SUSPENSION AND DEBARMENT
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 an Federal Department or agency; and, that the
SUBRECIPIENT 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.
3.11 REVERSION OF ASSETS
In the event of a termination or upon expiration of the Agreement, in addition to any and
all other remedies available to the COUNTY (whether under this Agreement, or at law or
in equity), the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on
hand at the time of termination (or expiration) and any accounts receivable attributable to
the use of ESG 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 and equipment are subject to 2 CFR 200.311.
3.12 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this
Agreement, until all required insurance, as outlined in Exhibit A and 2 CFR 200.310 has
been obtained. Said insurance shall be carried continuously during SUBRECIPIENT's
performance under the Agreement.
3.13 ADMINISTRATIVE REQUIREMENTS
The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant
Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost
Principles,and Audit Requirements for Federal Awards(2 CFR 200 et seq),and the federal
regulations for the Emergency Solutions Grant. (24 CFR 576 et seq.)
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3.14 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards at (2 CFR 200.318
through 200.326) and Collier County's Procurement Ordinance #2017-08, as amended.
Current purchasing thresholds are:
Range: Competition Required
$0 - $50,000 3 Written Quotes
$50,001+ Formal Solicitation(ITB, RFP, etc)
In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT
shall procure, acquire, or use goods, products or materials produced in the United States.
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 200.323.
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 the COUNTY and Federal requirements. The SUBRECIPIENT shall enter
into contracts for improvements with the lowest, responsible, and qualified bidder.
Contract administration shall be conducted by the SUBRECIPIENT and monitored by
CHS, which shall have access to all records and documents related to the project.
3.15 PROGRAM-GENERATED INCOME
No Program Income is anticipated. However, if there is Program Income derived from the
use of ESG funds disbursed under this Agreement, such Program Income shall be used by
the SUBRECIPIENT for an eligible ESG project activity approved by the COUNTY. Any
"Program Income" (as such term is defined under applicable Federal regulations) gained
from any SUBRECIPIENT activity funded by ESG 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 576.201. When
Program Income is generated by an activity that is only partially funded with ESG
funds, the income shall be prorated to reflect the percentage of ESG funds used. If
there is a Program Income balance at the end of the Program Year, such balance shall revert
to the COUNTY's ESG Program, for further reallocation.
3.16 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout
requirements are completed. 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
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retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021
Florida Statutes regarding records maintenance, preservation, and retention. A conflict
between State and Federal 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 which have been advanced or paid must be returned to the
COUNTY. Any funds paid exceeding 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 and ensure all federal grant requirements have been completed.
3.17 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, homeless individuals have priority over other Section 3
residents, in accordance with 24 CFR 576.405(c). Section 3 of the Housing and Urban
Development Act of 1968, as amended (12 U.S.C. 1701u), and implementing regulations
at 24 CFR Part 135 requires that,to the greatest extent feasible,employment and economic
opportunities be directed to low- and very low-income residents of the 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 (as defined in 42 U.S.C. 5302(a)) in which the project is located.
To the maximum extent practicable, the SUBRECIPIENT shall involve homeless
individuals and families in constructing, renovating, maintaining, and operating facilities
assisted under ESG, providing services assisted under ESG, and providing services for
occupants of facilities assisted under ESG. This involvement may include employment or
volunteer services. Section 3 is relative to any of the SUBRECIPIENT's subcontractors,
their successors and assigns, to those sanctions specified by the Agreement through which
Federal assistance is provided. The SUBRECIPIENT shall comply with Section 3 of the
Housing and Community Development Act of 1968 and certifies and agrees that no
contractual or other disability exists that would prevent compliance with these
requirements.
3.18 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS
ENTERPRISES
The SUBRECIPIENT will use its best efforts to afford small businesses,minority business
enterprises, and women's business enterprises the maximum practicable opportunity to
participate in the performance of this Agreement. As used in this Agreement, the terms
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"small business" means a business that meets the criteria set forth in section 3(a) of the
Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least 51 percent owned and controlled by minority group
members or women. For the purpose of this definition, "minority group members" are
Afro-Americans, Spanish-speaking, Spanish surnamed, or Spanish-heritage Americans,
Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written
representations by businesses regarding their status as minority and female business
enterprises in lieu of an independent investigation.
3.19 PROGRAM BENEFICIARIES
As defined by 24 CFR 576.2, 100 percent of the beneficiaries receiving ESG funding
through this Agreement must be homeless or at risk of homelessness. Income eligibility of
beneficiaries will be validated,by reviewing supporting documentation,during any interim
and/or closeout monitoring.
3.20 AFFIRMATIVE ACTION PLAN
The SUBRECIPIENT agrees that it is committed to carry out an Affirmative Action
Program, pursuant to the COUNTY's specifications, in keeping with the principles as
provided in President's Executive Order 11246 of September 24, 1966. The
SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior
to the award of funds. If the Affirmative Action Plan is updated during the period of
performance of this Agreement, the updated plan must be submitted to the COUNTY
within 60 days of any update/modification.
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,and that no person having
any conflict of interest shall be employed or subcontracted by the SUBRECIPIENT. The
SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 576.404
"Conflict of Interest," 2 CFR 200.318, Florida Statute 287.057 and any additional State
and County statutes, regulations, ordinances, or resolutions governing conflicts of interest.
The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval
prior to entering into any contract with an entity owned in whole or in part by a covered
person or an entity owned or controlled, in whole or in part, by the SUBRECIPIENT. The
COUNTY may review the proposed contract to ensure that the contractor is qualified, and
the costs are reasonable. Approval of an identity of interest contract will be in the
COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's
ability to self-manage the projects using its own employees.
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Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its
contractors shall be disclosed, in writing, to CHS provided however, that this paragraph
shall be interpreted in such a manner so as not to unreasonably impede the statutory
requirement that maximum opportunity be provided for employment of and participation
of low and moderate income residents of the project target area.
3.22 EMERGENCY SHELTERS
Any emergency shelter that receives assistance for shelter operations must also meet
minimum safety, sanitation, and privacy standards (Exhibit E), as required by 24 CFR
576.403(b).
3.23 PERMANENT HOUSING
Assistance for program participants to remain or move into housing must meet the
minimum habitability standards (Exhibit F) provided in 24 CFR 576.403(c) and all
applicable State and Local housing codes, licensing requirements, and any other
requirements in the jurisdiction in which the housing is located regarding the condition of
the structure and the operation of the housing.
3.24 COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS
The SUBRECIPIENT must document its compliance with the requirements of 24 CFR
576.400 for consulting with the Continuum of Care and coordinating and integrating ESG
assistance with programs targeted toward homeless people and mainstream service and
assistance programs (Exhibit G).
3.25 HOMELESS PARTICIPATION
The SUBRECIPIENT must document its compliance with homeless participation
requirements under 24 CFR 576.405(c).
3.26 CENTRALIZED OR COORDINATED ASSESSMENT SYSTEMS AND
PROCEDURES
The SUBRECIPIENT must maintain documentation evidencing the use of and written
intake procedures for the centralized or coordinated assessment system(s)developed by the
Continuum of Care in accordance with the requirements established by HUD and identified
in 24 CFR 576.500(g).
3.27 CONDITIONS FOR RELIGIOUS ORGANIZATIONS
ESG funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 576.406. 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 employment 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 ESG 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, ESG 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 ESG funds in this
part. Sanctuaries, chapels, or other rooms that an ESG funded religious
congregation uses as its principal place of worship,however, are ineligible for ESG
funded improvements.
3.28 INCIDENT REPORTING
If client services are to be provided under this Agreement, the SUBRECIPIENT and any
subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse,
neglect, or exploitation of a child, aged person, or disabled person.
3.29 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.
Remainder of Page Intentionally Left Blank
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PART IV
GENERAL PROVISIONS
4.1 24 CFR Part 576 Emergency Solutions Grants Program, as amended — All regulations
regarding the ESG Program
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=1 acdb92f3b05c3 f285dd76c26d14f54e&mc=true&node=pt24.1.58&rgn=div5
4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development
Act of 1974 as amended
https://www.hudexchange.info/resource/2184/housing-and-community-development-hcd-
act-of-1974/
4.4 Title VI of the Civil Rights Act of 1964 as amended,
https://www.hud.gov/programdescription/title6
Title VIII of the Civil Rights Act of 1968, as amended
https://www.eeoc.gov/laws/statutes/titlevii.cfm
4.5 24 CFR 576.407-The regulations issued pursuant to 24 CFR 5.105(a)and Executive Order
11063 which prohibits discrimination and promotes equal opportunity in housing.
https://www.ecfr.gov/cgi-bin/text-
idx?c=ecfr;sid=dc4c2f93 cdadf08974315fa2bfdf4cec;rgn=div5;view=text;node=24%3A3.
1.1.3.8;idno=24;cc=ecfr
https://www.ecfr.gov/cgi-bin/text-idx?rgn=div5&node=24:1.1.1.1.5#se24.1.5 1105
4.6 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive
Orders 11375 and 12086 - which establishes hiring goals for minorities and women on
projects assisted with federal funds and as supplemented in Department of Labor
regulations.
EO 11246: https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended
4.7 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity
Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or
advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it
is an Equal Opportunity or Affirmative Action employer.
https://www.eeoc.gov/laws/statutes/titlevii.cfm
4.8 24 CFR 135 —Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968,as amended. Compliance with the provisions of Section 3 of the
HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR
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135, and all applicable rules and orders issued hereunder prior to the execution of this
Agreement, shall be a condition of the Federal financial assistance provided under this
Agreement and binding upon the COUNTY, the SUBRECIPIENT and any of the
SUBRECIPIENT's Subrecipients and subcontractors. Failure to fulfill these requirements
shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's
Subrecipients and subcontractors,their successors and assigns,to those sanctions specified
by the Agreement through which Federal assistance is provided. The SUBRECIPIENT
certifies and agrees that no contractual or other disability exists that would prevent
compliance with these requirements.
https://www.hudexchange.info/resource/23 30/24-cfr-part-13 5-section-3-regulations/
The SUBRECIPIENT further agrees to comply with these"Section 3"requirements and to
include the following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a program
providing direct Federal financial assistance from HUD and is subject to the requirements
of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C.
1701). Section 3 requires that,to the greatest extent feasible, opportunities for training and
employment be given to low- and very low-income residents of the project area, and that
contracts for work in connection with the project be awarded to business concerns that
provide economic opportunities for low- and very low-income persons residing in the
metropolitan area in which the project is located."
The SUBRECIPIENT further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including reduction and
abatement of lead-based paint hazards), housing construction, or other public construction
project are given to low- and very low-income persons residing within the metropolitan
area in which the CDBG-funded project is located; where feasible,priority should be given
to low- and very low-income persons within the service area of the project or the
neighborhood in which the project is located,and to low-and very low-income participants
in other HUD programs; and award contracts for work undertaken in connection with a
housing rehabilitation (including reduction and abatement of lead- based paint hazards),
housing construction, or other public construction project to business concerns that provide
economic opportunities for low- and very low-income persons residing within the
metropolitan area in which the CDBG-funded project is located; where feasible, priority
should be given to business concerns that provide economic opportunities to low- and very
low-income residents within the service area or the neighborhood in which the project is
located, and to low- and very low-income participants in other HUD programs.
https://www.hud.gov/sites/documents/DOC 12047.PDF
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity
exists that would prevent compliance with these requirements.
https://www.ecfr.gov/cgi-bin/text-
idx?c=ecfr&tp1=/ecfrbrowse/Title24/24cfr 13 5 main 02.tpl
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4.9 Age Discrimination Act of 1975, Executive Order 11063, and Executive Qrder 11246 as
amended by Executive Orders 11375, 11478, 12107 and 12086.
Age Discrimination Act of 1975
https://wvvvv.law.cornell.edu/uscode/text/42/chapter-76
11246: https://wvvw.dol.gov/ofccp/regs/statutes/eo11246.htm
11375: Amended by EO 11478
11478: https://www.archives.gov/federal-register/codification/executive-
order/11478.html
12107:https://www.archives.gov/federal-register/codification/executive-order/12107.html
12086:https://www.archives.gov/federal-register/codification/executive-order/12086.html
4.10 Equal access in accordance with the individual's gender identity in community planning
and development programs, per 24 CFR 5.106.
https://www.govregs.com/regulations/expand/title24 part5 subpartA section5.106
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
https://www.dol.gov/whd/regs/statutes/safe01.pdf
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), and 24 CFR 570.614
Subpart K.
Section 504: https://www.epa.gov/ocr
29 USC 776: https://law.onecle.com/uscode/29/776.html
24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990:
https://www.hud.gov/hudprograms/eohudap
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended.
https://www.fhwa.dot.gov/real_estate/uniform_act/index.cfm
4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the
use of apprentices and trainees on federally assisted projects. HUD Form 4010 must be
included in all construction contracts funded by CDBG.
Davis-Bacon Act: 42 USC 276a to 40 USC 276a:
https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40-section276a-
7&num=0&edition=1999
29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work
Financed, in whole or in part, by Loans or Grants from the United States
https://www.law.cornell.edu/cfr/text/29/part-3
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29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject
to the Contract Work Hours and Safety Standards Act)
https://www.law.cornell.edu/cfr/text/29/part-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in
federally assisted projects.
https://www.presidency.ucsb.edu/ws/index.php?pid=23675
4.16 As a supplement to the Davis-Bacon Act requirements, the SUBRECIPIENT agrees to
comply with the"Copeland Anti-Kickback Act,"which prohibits the SUBRECIPIENT,its
contractors, or subcontractors from inducing an employee to relinquish any part of his/her
compensation, under the federally-funded contract.
18 U.S.C. 874 https://www.govinfo.gov/content/pkg/USCODE-2010-
title 18/pdf/USCODE-2010-title 18.pdf
40 U.S.C. 276c https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40-
section276c&num=0&edition=1999
4.17 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular
Letter 79-45 - which prescribes goal percentages for participation of minority businesses
in Community Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise.
https://www.archives.gov/federal-register/codification/executive-order/11625.html
4.18 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24 CFR
576.407, as revised by Executive Order 13279. The applicable non-discrimination
provisions in Section 109 of the HCDA are still applicable.
24 CFR 576.407:
https://www.ecfr.gov/cgi-bin/text-
idx?c=ecfr;sid=dc4c2f93 cdadf08974315fa2bfdf4cec;rgn=div5;view=text;node=24%3A3.
1.1.3.8;idno=24;cc=ecfr
E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm
4.19 Public Law 100-430 - the Fair Housing Amendments Act of 1988.
https://www.ncbi.nlm.nih.gov/pubmedl12289709
4.20 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair
Housing Act. https://www.hud.gov/sites/documents/DOC 7771.PDF
https://www.justice.gov/crt/fair-housing-act-1
Executive Order 11063 —Equal Opportunity in Housing
https://www.archives.gov/federal-register/codification/executive-order/11063.html
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Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs
https://www.archives.gov/federal-register/codification/executive-order/12259.html
24 CFR Part 107 -Non- Discrimination and Equal Opportunity in Housing under E.O.
https://www.law.cornell.edu/cfr/text/24/part-107
4.21 2 CFR 200 et seq -Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200 main 02.tpl
4.22 2 CFR 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 an 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.
4.23 Immigration Reform and Control Act of 1986
https://www.eeoc.govieeoc/history/35th/thelaw/irca.html
4.24 Prohibition of Gifts to COUNTY Employees -No organization or individual shall offer or
give, either directly or indirectly, any favor, gift, loan, fee, service, or other item of value
to any COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier
County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure
5311.
Florida Statutes-
https://www.lawserver.com/law/state/florida/statutes/florida statutes_chapter_112_part_i
ii
Collier County-
http://www.colliergov.net/home/showdocument?id=3 5137
4.25 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.
4.26 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).
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4.27 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties,the parties shall make a good faith effort
to resolve any such disputes by negotiation. Any situations when negotiations, litigation
and/or mediation shall be attended by representatives of SUBRECIPIENT with full
decision-making authority and by COUNTY'S staff person who would make the
presentation of any settlement reached during negotiations to COUNTY for approval.
Failing resolution, and prior to the commencement of depositions in any litigation between
the parties arising out of this Agreement, the parties shall attempt to resolve the dispute
through Mediation before an agreed-upon Circuit Court Mediator certified by the State of
Florida. Should either party fail to submit to mediation as required hereunder, the other
party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The
litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if
in state court and the US District Court, Middle District of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE
SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE
TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING
OUT OF, THIS AGREEMENT.
https://www.flsenate.gov/Laws/Statutes/2012/44.102
4.28 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq.
https://www.govinfo.gov/content/pkg/USCODE-2010-title42/html/USCODE-
2010-title42-chap85.htm https://www.law.cornell.edu/uscode/text/42/chapter-85
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.govinfo.gov/content/pkg/USCODE-2011-title33/pdf/USCODE-
2011-title3 3-chap26.pdf
https://www.law.cornell.edu/uscode/text/33/chapter-26
4.29 Section 6002 of the Solid Waste Disposal Act as amended by the Resource Conservation
and Recovery Act and regarding those items identified in 40 CFR Part 247 of the EPA
guidelines https://www.epa.gov/enforcement/resource-conservation-and-recovery-act-
rcra-and-federal-facilities
https://www.law.comell.edu/cfr/text/40/247.1
4.30 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC
4002), the SUBRECIPIENT shall assure that for activities located in an area identified by
FEMA as having special flood hazards,flood insurance under the National Flood Insurance
Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA)
may be obtained from FEMA,which would satisfy this requirement and/or reduce the cost
of said flood insurance.
https://www.law.comell.edu/cfr/text/24/570.605
4.31 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures
with assistance provided under this Agreement shall be subject to the HUD Lead- Based
Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K.
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https://www.gpo.gov/fdsys/granule/CFR-2000-tit1e24-vo13/CFR-2000-title24-vo13-
sec570-608-id163
4.32 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set
forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and
the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation
Procedures for Protection of Historic Properties, insofar as they apply to the performance
of this Agreement.
https://www.nps.gov/history/local-law/nhpa1966.htm
https://www.achp.gov/sites/default/files/regulations/2017-02/regs-rev04.pdf
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.
https://www.nps.gov/history/local-law/nhpa1966.htm
4.33 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance
with the Drug-Free Workplace Act of 1988 (41 USC 701).
https://www.gpo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-tit1e41-
chapl0-sec701
4.34 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 Executive order 12549.
https://www.archives.gov/federal-register/codification/executive-order/12549.html
4.35 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is
applicable and agrees to adhere to the accounting principles and procedures required
therein, utilize adequate internal controls, and maintain necessary source documentation
for all costs incurred. These requirements are enumerated in 2 CFR 200, et seq.
4.36 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall
be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's
fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2
CFR 200 Subpart F, Section 500. SUBRECIPIENTS exempt from Single Audit
requirements shall submit financial statements to the COUNTY one hundred eighty (180)
days after the end of the SUBRECIPIENT'S fiscal year. Per 2 CFR 200.344, if this
Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the
right to recover any disallowed costs identified in an audit after such closeout.
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https://www.ecfr.gov/cgi-bin/text-
idx?SID=5 a78 addefff9a5 3 5 e83 fed3 0103 08 aef&mc=true&node=se2.1.200 1344&rgn=di
v8
4.37 Any real property acquired by the SUBRECIPIENT for carrying out 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, shall be
subject to the provisions of 24 CFR 576.408 including, but not limited to, the provisions
on use and disposition of property. A displaced person must be advised of his or her rights
under the Fair Housing Act(42 U.S.C. 3601 et seq.). This policy does not require providing
a person a larger payment than is necessary to enable a person to relocate to a comparable
replacement dwelling (See 49 CFR 24.505(c)(2)(ii)(D).
https://www.gpo.gov/fdsys/granule/CFR-2009-tit1e49-vol 1/CFR-2009-tit1e49-vol l-part24
4.38 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing
any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates,
suppliers, subcontractors and consultants who will perform hereunder, have not been
placed on the convicted vendor list maintained by the State of Florida Department of
Management Services within the 36 months immediately preceding the date hereof.
This notice is required by § 287.133 (3) (a), Florida Statutes.
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search_Strin
g=&URL=0200-0299/0287/Sections/0287.133.html
4.39 No Federally appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress, in connection with the awarding of any Federal
contract,the making of any Federal grant,the making of any Federal loan,the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement. If any funds,
other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress,
in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions. The undersigned shall require that the
language of this certification be included in the award documents for all sub-awards at all
tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative
agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly.
4.40 The SUBRECIPIENT agrees that no funds provided, nor personnel employed under the
Agreement shall be in any way or to any extent engaged in the conduct of political
activities in violation of Chapter 15 of Title V of the U.S.C. (Hatch Act).
https://www.gpo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-title41-
chap 10-sec701/content-detail.html
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4.41 Travel reimbursement will be based on the U.S. General Services Administration (GSA)
per diem rates in effect at the time of travel.
https://www.gsa.gov/portal/content/104877
4.42 Housing Counseling, including homeownership counseling or rental housing counseling,
as defined in §5.100, required under or provided in connection with any program
administered by HUD shall be provided only by organizations and counselors certified by
the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12
U.S.C. 1701x, per 24 CFR 5.111.
https://www.e c fr.g o v/c g i-b i n/text-
idx?SID=e339ece9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6
https://www.law.cornell.edu/cfr/text/24/5.111
4.43 Unaccompanied youth under 25 years of age, or families with children and youth who do
not otherwise qualify as homeless under the definition of homeless in 24 CFR 576.2, but
who are defined under Section 387(3)of the Runaway and Homeless Youth Act(42 U.S.C.
5732a(3)), Section 637(11) of the Head Start Act 42 U.S,C. 9832(11)), Section 41403(6)
of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-2(6)), Section
330(h)(5)(A) of the Public Health Service Act (42 U.S.C. 254b(h)(5)(A)), Section 3(m) of
the Food and Nutrition Act of 2008 7 U.S.C.2012(m)), Section 17(b)(15) of the Child
Nutrition Act of 1966 (U.S.C. 1786 (b)(15)), Section 725 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a(2))
https://www.federalregi ster.gov/documents/2016/12/20/2016-30241/runaway-and-
homeless-youth
4.44 HUD Final Rule—Implementation of the Violence Against Women Reauthorization Act
of 2013 which applies for all victims of domestic violence, dating violence, sexual
assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which
must be applied consistent with all nondiscrimination and fair housing requirements.
https://www.federalregister.gov/documents/2016/11/16/2016-25 888/violence-against-
women-reauthorization-act-of-2013-implementation-in-hud-housing-programs
4.45 Any rule or regulation determined to be applicable by HUD.
4.46 Florida Statute 448.095 Employment Eligibility.Per Florida Statute 448.095(3),all Florida
private employers are required to verify employment eligibility for all new hires beginning
January 1, 2021. Eligibility determination is not required for continuing employees hired
prior to January 1, 2021.
http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&URL=0400-
0499/0448/0448.html
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4.47 Florida Statutes 713.20, Part 1, Construction Liens
https://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700-
0799/0713/0713.html
4.48 Florida Statutes 119.021 Records Retention
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL-0100-
0199/0119/Sections/0119.021.html
4.49 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/0119.071.html
4.50 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.
4.51 Equal Treatment of Faith-Based Organizations: By regulation,HUD prohibits all recipient
organizations from using financial assistance from HUD 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 based on
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 HUD funds while taking into account religion when hiring staff.
Questions in this regard should be directed to the Office for Civil Rights.
4.52 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.
4.53 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
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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.
4.54 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY
any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor,
or other person has either (i) submitted a false claim for grant funds under the False Claims
Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of
interest, bribery, gratuity, or similar misconduct involving subaward agreement funds
4.55 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.
4.56 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD 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 HUD
and to establish workplace safety policies and conduct education, awareness, and other
outreach to decrease crashes caused by distracted drivers.
4.57 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://o jp.gov/funding/Explore/ProhibitedConduct-Traffi cking.htm.
4.58 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT
understands and acknowledges that it cannot use any federal funds,either directly or indirectly,
in support of any contract or subaward to either ACORN or its subsidiaries,without the express
prior written approval of OW.
4.59 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment,or performance of experimental,
developmental, or research work under this funding agreement, the SUBRECIPIENT must
comply with the requirements of 37 CFR Part 401, "Rights of Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts, and
Cooperative Agreements," and any implementing regulations issued by HUD.
https://www.ecfr.gov/cgi-
b in/retrieveEC FR?gp=&SID=a004b6bf20934ace7a717de761 do 64c0&mc=true&n=pt3 7.1.40
1&r=PART&ty=HTML
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 SSIONERS OF
CRYSTAL K. KINZEL,CLERK COLLIE TY, FLO
4440 d■strii: By:
'
' Y TA OR,CHAI ERSON
ttest as to Chairman's � ''
s►���+r ., Date: 12_21 7.1
THE SHELTER FOR ABUSED WOMEN &
Daters.4\(4C4.6;- Adit CHILDREN,INC.
(SEAL)
I
By:
LINDA OBERHAUS, CHIEF EXECUTIVE
OFFICER ,�/d
Date: 9//
Approved as to form and legality:
Jennifer .Belpedio Y-��
Assistant County Attorney N\
Date: (e 1aa \d 1
sammeavasourrammeemplaumemia
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EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, do Community and Human Services
Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance
evidencing insurance coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440,Florida Statutes.
2. Commercial General Liability including products and completed operations insurance in
the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must
be shown as an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit
for combined Bodily Injury and Property Damage. Collier County shall be named as an
additional insured.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1 —3 above, a Certificate of Insurance must be provided as
follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT
and/or the design professional shall become legally obligated to pay as damages for claims
arising out of the services performed by the SUBRECIPIENT or any person employed by
the SUBRECIPIENT in connection with this contract. This insurance shall be maintained
for a period of two (2)years after the Certificate of Occupancy is issued.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT 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
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identified by the Federal Emergency Management Agency(FEMA)as having special flood
hazards, flood insurance under the National Flood Insurance Program is obtained and
maintained as a condition of financial assistance for acquisition or construction purposes
(including rehabilitation).
OPERATION/MANAGEMENT PHASE(IF APPLICABLE)
After the Construction Phase is completed and occupancy begins,the following insurance must be
kept in force throughout the duration of the loan and/or contract.
7. Workers' Compensation as required by Chapter 440,Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in
the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must
be shown as an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit
for combined Bodily Injury and Property Damage.
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(As Their Interest May Appear).
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 with respect to this coverage 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 Approved
1. Grant Amount Awarded $ $
2. Total Amount of Previous Requests $ $
3. Amount of Today's Request(Net of Retainage, if $ $
applicable)
4. Current Grant Balance (Initial Grant Amount Award $ $
request) (includes Retainage)
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT.To the best of my knowledge and belief,
all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor(Approval required $15,000 and Division Director(Approval Required
above) $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
Emergency Solutions Grants (ESG)
Quarterly Project Performance Report
Report Period:
Fiscal Year:
Contract Number:
Organization/s:
Program/s:
Contact Name:
Contact Number:
Characteristics Report
1. Report Selection Criteria
Ethnicity
Non-
Race Hispanic Hispanic
White
Black/African American
Asian
American Indian/Alaskan Native
Native Hawaiian/Other Pacific Islander
Other/Multi-Racial
2. Number of adults and children served:
a. Residential b. Non-Residential
Number of Adults Number of Adults
Number of Children Number of Children
Number of Unknown Age Number of Unknown Age
3. Number of individuals/families served, by categories:
a. Number of individual households Male Female
(singles)
Unaccompanied 18 and over
Unaccompanied 17 and under
b. Number of Families with children Male Female
Headed by single 18 and over
Headed by single 17 and under
Headed by two parents 18 and over
Headed by two parents 17 and under
Number of Families with no children
TOTAL
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4. Total project(s)/service(s) provided to clients in range:
a. emergency shelter facilities shelter h. employment
b. vouchers for shelters i. transitional
c. drop-in center j. outreach
d. food pantry k. soup kitchen/meal distribution
e. mental health I. health care
f. alcohol/drug m. HIV/AIDS services
g. childcare n. other(please list)
5. Number of clients served by sub population (duplicated count):
a. Chronically Homeless f. Chronic Substance Abuse (alcohol and/or drug)
b. Victims of Domestic g. Severely Mentally Ill
Violence
c. Elderly h. Runaway/throwaway youth
d. Veterans i. Qther disability (Physical and/or
Developmental)
e. Individuals with HIV/AIDS
(Chronically Homeless-HUD definition of a chronically homeless person is an unaccompanied
homeless individual with a disabling condition who has either: 1) been continuously homeless for a
year a more, or 2) has had at least four episodes of homelessness in the past three years.)
6. Clients housed by shelter type:
Barracks Mobile Home/Trailer
Group/Large House Hotel/Motel
Scattered Site Apartment Other Apartment/Complex
Single Family Detached House Other Single-Family Duplex
Single Room Occupancy Other
TOTAL
I hereby certify the above information is true and accurate.
Signature: Date:
Printed Name:
Title:
Your typed name here represents your electronic signature.
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EXHIBIT D
ANNUAL AUDIT MONITORING REPORT
;ircular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of federal awards to determine i
ubrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that a]
ppropriate documentation is provided regarding the organization's compliance. In determining Federal awards expended
a a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federa
ward occurs, including any Federal award provided by Collier County. The determination of amounts of Federal award
xpended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F—Audit Requirements. Thi
orm may be used to monitor Florida Single Audit Act(Statute 215.97) requirements.
iubrecipient
dame
rirst Date of Fiscal Year(MM/DD/YY) Last Date of Fiscal Year(MM/DD/YY)
'otal Federal Financial Assistance Expended during Total State Financial Assistance Expended during most
host recently completed Fiscal Year recently completed Fiscal Year
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been met and
❑ Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed b:
. Copies of the audit report and management letter are attached or will be provided withi]
30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑ ❑ Are a for-profit organization
❑ Are exempt for other reasons—explain
An audited financial statement is attached and if applicable, the independent auditor's management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is included
separate from the written response provided within the audit report. While we understand that the audit repor
❑ 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 i
includes details of the actions, procedures, policies, etc. implemented and when it was or will bi
implemented.
Certification Statement
hereby certify that the above information is true and accurate.
signature Date
'rint Name and Title
06/18
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EXHIBIT E
EMERGENCY SHELTERS
Minimum Standards
The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards
for Emergency Shelters, as applicable:
24 CFR 576.403(b): Minimum standards for emergency shelters. Any building for which
Emergency Solutions Grant (ESG) funds are used for conversion, major rehabilitation, or other
renovations, must meet State or Local government safety and sanitation standards, as applicable,
and the following minimum safety, sanitation, and privacy standards. Any emergency shelter that
receives assistance for shelter operations must also meet the following minimum safety, sanitation,
and privacy standards. The COUNTY may also establish standards that exceed or add to these
minimum standards.
(1) Structure and materials. The shelter building must be structurally sound to protect
residents from the elements and not pose any threat to health and safety of the
residents. Any renovation (including major rehabilitation and conversion) carried
out with ESG assistance must use Energy Star and WaterSense products and
appliances.
(2) Access. The shelter must be accessible in accordance with Section 504 of the
Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part
8; the Fair Housing Act (42 U.S.C. 360, et seq.) and implementing regulations at
24 CFR part 100; and Title II of the Americans with Disabilities Act (42 U.S.C.
12131, et. Seq.) and 28 CFR part 35; where applicable.
(3) Space and security. Except where the shelter is intended for day use only, the
shelter must provide each program participant in the shelter with an acceptable
place to sleep and adequate space and security for themselves and their belongings.
(4) Interior air quality. Each room or space within the shelter must have a natural or
mechanical means of ventilation. The interior air must be free of pollutants at a
level that might threaten or harm the health of residents.
(5) Water supply. The shelter's water supply must be free of contamination.
(6) Sanitary facilities. Each program participant in the shelter must have access to
sanitary facilities that are in proper operating condition, are private, and are
adequate for personal cleanliness and the disposal of human waste.
(7) Thermal environment. The shelter must have any necessary heating/cooling
facilities in proper operating condition.
(8) Illumination and electricity. The shelter must have adequate natural or artificial
illumination to permit normal indoor activities and support health and safety. There
must be sufficient electrical sources to permit the safe use of electrical appliances
in the shelter.
(9) Food preparation. Food preparation areas, if any, must contain suitable space and
equipment to store, prepare, and serve food in a safe and sanitary manner.
(10) Sanitary conditions. The shelter must be maintained in a sanitary condition.
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(11) Fire safety. There must be at least one working smoke detector in each occupied
unit of the shelter. Where possible, smoke detectors must be located near sleeping
areas. The fire alarm system must be designed for hearing-impaired residents. All
public areas of the shelter must have at least one working smoke detector. There
must also be a second means of exiting the building in the event of fire or other
emergency.
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EXHIBIT F
PERMANENT HOUSING
The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards
for Permanent Housing, as applicable:
24 CFR 576.403(c):Minimum standards for permanent housing. The SUBRECIPIENT cannot use
ESG funds to help a program participant remain or move into housing that does not meet the
minimum habitability standards provided in this paragraph. The COUNTY may also establish
standards that exceed or add to these minimum standards.
(1) Structure and materials. The structures must be structurally sound to protect
residents from the elements and not pose any threat to health and safety of the
residents.
(2) Space and security. Each resident must be provided adequate space and security for
themselves and their belongings. Each resident must be provided an acceptable
place to sleep.
(3) Interior air quality. Each room or space must have a natural or mechanical means
of ventilation. The interior air must be free of pollutants at a level that might
threaten or harm the health of residents.
(4) Water supply. The water supply must be free of contamination.
(5) Sanitary facilities. Residents must have access to sanitary facilities that are in
proper operating condition, are private, and are adequate for personal cleanliness
and the disposal of human waste.
(6) Thermal environment. The housing must have any necessary heating/cooling
facilities in proper operating condition.
(7) Illumination and electricity. The structure must have adequate natural or artificial
illumination to permit normal indoor activities and support health and safety. There
must be sufficient electrical sources to permit the safe use of electrical appliances
in the structure.
(8) Food preparation. All food preparation areas must contain suitable space and
equipment to store, prepare, and serve food in a safe and sanitary manner.
(9) Sanitary conditions. The housing must be maintained in a sanitary condition.
(10) Fire safety. There must be at least one working smoke detector on each occupied
level of the residences. Where possible, smoke detectors must be located near
sleeping areas. The fire alarm system must be designed for hearing-impaired
residents. All public areas of the housing must have at least one working smoke
detector. Public areas include, but are not limited to, laundry rooms, community
rooms, hallways, stairwells, and other common areas. There must be a second
means of exiting the building in the event of fire or other emergency.
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EXHIBIT G
COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS
The SUBRECIPIENT must adhere to 24 CFR 576.400 and coordinate with the Continuum of Care
and other programs.
(a) Consultation with the Continuum of Care. The SUBRECIPIENT and COUNTY must consult
with the Continuum of Care to determine how to allocate ESG funds each program year;
develop the performance standards for, and evaluate the outcomes of, projects and activities
assisted by ESG funds; and develop funding, policies, and procedures for the administration
and operation of the HMIS.
(b) Coordination with other targeted homeless services. The SUBRECIPIENT and COUNTY
must coordinate and integrate,to the maximum extent practicable,ESG-funded activities with
other programs targeted to homeless people in the area covered by the Continuum of Care or
area over which the services are coordinated to provide a strategic, community-wide system
to prevent and end homelessness for that area. These programs include:
(1) Shelter Plus Care Program (24 CFR part 582)
(2) Supportive Housing Program (24 CFR part 583)
(3) Section 8 Moderate Rehabilitation Program for Single Room Occupancy Program
for Homeless Individuals (24 CFR part 882)
(4) HUD-Veterans Affairs Supportive Housing (HUD—VASH) (division K, title II,
Consolidated Appropriations Act,2008,Pub. L. 110-161 (2007),73 FR 25026(May
6, 2008))
(5) Education for Homeless Children and Youth Grants for State and Local Activities
(title VII—B of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et
seq. ))
(6) Grants for the Benefit of Homeless Individuals (section 506 of the Public Health
Services Act(42 U.S.C. 290aa-5)
(7) Healthcare for the Homeless (42 CFR part 51c)
(8) Programs for Runaway and Homeless Youth (Runaway and Homeless Youth Act
(42 U.S.C. 5701 et seq.))
(9) Projects for Assistance in Transition from Homelessness (part C of title V of the
Public Health Service Act (42 U.S.C. 290cc-21 et seq.))
(10) Services in Supportive Housing Grants (section 520A of the Public Health Service
Act)
(11) Emergency Food and Shelter Program (title III of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11331 et seq.))
(12) Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic
Violence, Dating Violence, and Stalking Program (section 40299 of the Violent
Crime Control and Law Enforcement Act (42 U.S.C. 13975))
(13) Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless
Veterans Comprehensive Assistance Act (38 U.S.C. 2021))
(14) Domiciliary Care for Homeless Veterans Program (38 U.S.C. 2043)
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(15) VA Homeless Providers Grant and Per Diem Program (38 CFR part 61)
(16) Health Care for Homeless Veterans Program (38 U.S.C. 2031)
(17) Homeless Veterans Dental Program (38 U.S.C. 2062)
(18) Supportive Services for Veteran Families Program (38 CFR part 62)
(19) Veteran Justice Outreach Initiative (38 U.S.C. 2031)
(c) System and program coordination with mainstream resources. The SUBRECIPIENT and
COUNTY must coordinate and integrate, to the maximum extent practicable, ESG-funded
activities with mainstream housing,health,social services, employment,education,and youth
programs for which families and individuals at risk of homelessness and homeless individuals
and families may be eligible. Examples of these programs include:
(1) Public housing programs assisted under Section 9 of the U.S. Housing Act of 1937
(42 U.S.C. 1437g) (24 CFR parts 905, 968, and 990)
(2) Housing programs receiving tenant-based or project-based assistance under Section
8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f) (respectively 24 CFR parts
982 and 983)
(3) Supportive Housing for Persons with Disabilities (Section 811) (24 CFR part 891)
(4) HOME Investment Partnerships Program (24 CFR part 92)
(5) Temporary Assistance for Needy Families (TANF) (45 CFR parts 260-265)
(6) Health Center Program (42 CFR part 51 c)
(7) State Children's Health Insurance Program (42 CFR part 457)
(8) Head Start(45 CFR chapter XIII, subchapter B)
(9) Mental Health and Substance Abuse Block Grants (45 CFR part 96)
(10) Services funded under the Workforce Investment Act (29 U.S.C. 2801 et seq.)
(d) Centralized or coordinated assessment. Once the Continuum of Care has developed a
centralized assessment system or a coordinated assessment system in accordance with
requirements to be established by HUD, each ESG-funded program or project within the
Continuum of Care's area must use that assessment system. The COUNTY and
SUBRECIPIENT must work with the Continuum of Care to ensure the screening,assessment,
and referral of program participants is consistent with the written standards required by
paragraph(e) of this section. A victim service provider may choose not to use the Continuum
of Care's centralized or coordinated assessment system.
(e) Written standards for providing ESG assistance. The SUBRECIPIENT must have written
standards for providing ESG assistance and must consistently apply those standards for all
program participants.
At a minimum, these written standards must include:
(1) Standard policies and procedures for evaluating individuals'and families'eligibility
for assistance under ESG.
(2) Standards for targeting and providing essential services related to street outreach.
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(3) Policies and procedures for admission, diversion, referral, and discharge by
emergency shelters assisted under ESG, including standards regarding length of
stay, if any, and safeguards to meet the safety and shelter needs of special
populations, e.g.,victims of domestic violence, dating violence, sexual assault, and
stalking; and individuals and families who have the highest barriers to housing and
are likely to be homeless the longest.
(4) Policies and procedures for assessing,prioritizing, and reassessing individuals' and
families' needs for essential services related to emergency shelter.
(5) Policies and procedures for coordination among emergency shelter providers,
essential services providers, homelessness prevention, and rapid re-housing
assistance providers; other homeless assistance providers; and mainstream service
and housing providers (see §576.400(b) and (c) for a list of programs with which
ESG-funded activities must be coordinated and integrated to the maximum extent
practicable).
(6) Policies and procedures for determining and prioritizing which eligible families and
individuals will receive homelessness prevention assistance and which eligible
families and individuals will receive rapid re-housing assistance.
(7) Standards for determining what percentage or amount of rent and utilities costs each
program participant must pay while receiving homelessness prevention or rapid re-
housing assistance.
(8) Standards for determining how long a program participant will be provided with
rental assistance and whether and how the amount of that assistance will be adjusted
over time.
(9) Standards for determining the type, amount, and duration of housing stabilization
and/or relocation services to provide a program participant, including the limits, if
any, on the homelessness prevention or rapid re-housing assistance that each
program participant may receive; such as the maximum amount of assistance,
maximum number of months the program participant receives assistance, or the
maximum number of times the program participant may receive assistance.
(f) Participation in HMIS. The SUBRECIPIENT must ensure that data on all persons served and
all activities assisted under ESG are entered into the applicable community wide HMIS or a
comparable database, in accordance with HUD's standards on participation, data collection,
and reporting under a local HMIS. If the SUBRECIPIENT is a victim service provider or a
legal services provider, it may use a comparable database that collects client-level data over
time (i.e., longitudinal data) and generates unduplicated aggregate reports based on the data.
Information entered in a comparable database must not be entered directly into or provided to
an HMIS.
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MEMORANDUM
Date: October 5, 2021
To: Catherine Sherman, Grants Coordinator
Community & Human Services
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: Agreement between Collier County
Sunrise Community of Southwest Florida, Inc. —
CDBG Grant Program — Construction/Rehabilitation
Enclosed please find two (2) original of each document referenced above
(Agenda Item #16D7), approved by the Board of County Commissioners on
Tuesday, June 22, 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 252-7240.
Thank you.
Enclosures
1 6 D7
FAIN# B-19-UC-12-0016
B-21-UC-12-0016
Federal Award Date October 1,2021
Federal Award Agency HUD
CFDA Name Community
Development Block
Grant
CFDA/CSFA# 14.218
Total Amount of Federal $106,380.00
Funds Awarded
Subrecipient Name Sunrise Community of
Southwest Florida, Inc.
DUNS# 117359324
FEIN 59-1796622
R&D NA
Indirect Cost Rate NA
Period of Performance 10/1/2021-12/31/2022
Fiscal Year End 6/30
Monitor End: 12/2027
AGREEMENT BETWEEN COLLIER COUNTY
AND
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC.
CDBG Grant Program—Construction/Rehabilitation
c_1
THIS AGREEMENT is made and entered into this 2i day ofAkki.. 2021, by and between Collier
County, a political subdivision of the State of Florida, (COUNTY) having its principal address at 3339 E
Tamiami Trail,Naples FL 34112,and Sunrise Community of Southwest Florida, Inc.(SUBRECIPIENT),
a private non-profit organization having its principal office at 9040 Sunset Drive, Miami,FL 33173.
WHEREAS,the COUNTY has entered into an Agreement with the United States Department of
Housing and Urban Development(HUD)for a grant for the execution and implementation of a Community
Development Block Grant(CDBG) Program in certain areas of Collier County, pursuant to Title I of the
Housing and Community Development Act of 1974(as amended);and
WHEREAS,the Board of County Commissioners of Collier County(Board)approved the Collier
County Consolidated Plan — One-year Action Plan for Federal Fiscal Year 2021-2022 for the CDBG
Program with Resolution 2021-l,'S1 on June 22,2021 —Agenda Item“,..974 and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans,the COUNTY advertised the 2021-2022 Annual
Action Plan,on May 1, 2021,with a 30-day Citizen Comment period from May 1, 2021 to June 1, 2021;
and
WHEREAS,the SUBRECIPIENT has submitted a proposal for participation in the Collier County
CDBG program; and
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC.
CD21-06
Shelter to Thrive Page 1 4r,
16D7
WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in undertaking the CDBG project—(CD21-06) Shelter to Thrive.
NOW,THEREFORE,in consideration of the mutual benefits contained herein,it is agreed by the
Parties as follows:
PART I
SCOPE OF WORK
The SUBRECIPIENT shall,in a satisfactory and proper manner and consistent with any standards required
as a condition of providing CDBG assistance as provided herein and, as determined by Collier County
Community and Human Services(CHS)Division, perform the tasks necessary to conduct the program as
follows:
Project Name: Shelter to Thrive
Description of project and outcome: CHS,as an administrator of the CDBG program,will make
available CDBG FY 2021-2022 funds up to the gross amount of$106,380.00 to Sunrise
Community of Southwest Florida,Inc.to fund:Exterior improvements to Sunrise's Adult Day
Training Center in Naples,which may include but are not limited to installation of windows,
painting,waterproofing, and replacement of stucco. The project will be defined in the project
plans,specification and schedule of values.
Project Component One: Permitting
Project Component Two: Exterior improvements which may include but are not limited to
installation of windows,painting,waterproofing, and replacement of stucco.
The property will be deed restricted for five(5)years commencing on the date of initially meeting
one of the National Objectives,in accordance with 24 CFR 570.505,if applicable.
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty(60) calendar days of the execution of this Agreement,the SUBRECIPIENT
must deliver, to CHS for approval, a detailed project schedule for the completion of the
project excluding Public Service projects.
B. The following resolutions and policies must be submitted within sixty (60) days of this
Agreement:
Affirmative Fair Housing Policy
Affirmative Action/Equal Opportunity Policy
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC.
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• Conflict of Interest Policy
• Procurement Policy
❑ Uniform Relocation Act Policy
• Sexual Harassment Policy
• Section 3 Policy
• Section 504/ADA Policy
• Fraud,Waste,and Abuse Policy
▪ Language Assistance and Planning Policy(LAP)
• Violence Against Women Act(VAWA)Policy
• LGBTQ Policy
C. Environmental Review Requirement (ERR) -No program costs can be incurred until an
environmental review of the proposed project is completed and approved. Further, the
SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance
of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the
denial of any reimbursement of funds under this Agreement.
D. Annual Subrecipient Training—
All SUBRECIPIENT staff assigned to the administration and implementation of the
Project established by this Agreement shall attend the CHS-sponsored Annual
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,in writing,at least 14 days,prior to
the training.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Description Federal Amount
Project Component 1:Permitting $ 2,500.00
Project Component 2:Exterior improvements which may include but are not limited $ 103,880.00
to installation of windows, painting, waterproofing, and replacement of stucco. The
project will be defined in the project plans,specification and schedule of values.
Total Federal Funds: $ 106,380.00
The SUBRECIPIENT will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
® Maintain beneficiary income certification documentation,and provide to the COUNTY as
requested
Maintain and provide National Objective Documentation
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC.
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Shelter to Thrive
1607
® Provide Quarterly Reports on National Objective and project progress
• Ensure attendance by a representative from executive management at scheduled
partnership meetings,as requested by CHS
• Ensure attendance by SUBRECIPIENT and General Contractor at Pre-Construction
meetings,prior to SUBBRECIPIENT issuance of Notice to Proceed(NTP)
• Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation
• Identify Lead Project Manager
• Provide Site Design and Specifications
• Comply with Davis-Bacon Labor Standards
• Comply with Section 3 and maintain documentation
• Provide certified payroll weekly throughout construction and rehabilitation
❑ Comply with Uniform Relocation Act(URA),if necessary
❑ Ensure applicable numbers of units are Section 504/ADA accessible
• Ensure the applicable continued use period for the project is met
B. National Objective
The CDBG program funds awarded to Collier County must benefit low-moderate income persons
(LMI). As such, the SUBRECIPIENT shall ensure that all activities and beneficiaries meet the
definition of:
❑ LMA—Low/Mod Area Benefit
LMC—Low/Mod Clientele Benefit
❑ LMH—Low/Mod Housing Benefit
❑ LMJ—Low/Mod Job Benefit
LMA: Must document where at least 51 percent of the residents are LMI persons, based
on HUD determined eligible census tracts. Failure to achieve the national objective under this
Agreement will require repayment of the CDBG investment under this Agreement.
LMC: Must document that at least 51 percent of persons served, are low- to moderate-
income persons or households,in order to meet a CDBG National Objective.Failure to achieve the
national objective under this Agreement will require repayment of the CDBG investment under this
Agreement.
LMH: Must document providing or improving permanent residential structures, which
upon completion will be occupied by LMI households. Structures with three or more units must
contain at least 51 percent occupied by LMI households, and structures with less than three units
must be occupied by 100 percent LMI households.Failure to achieve the national objective under
this Agreement will require repayment of the CDBG investment under this Agreement.
LMJ: Must document job creation and retention. The LMI benefit national objective
addresses activities designed to create or retain permanent jobs, at least 51 percent of which
(computed on a full-time equivalent basis) will be made available to or held by LMI persons.
Failure to achieve the national objective under this Agreement will require repayment of the CDBG
investment under this Agreement.
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC.
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I60 ?
C. Performance Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Special Grant Condition Policies Policies as stated in this Within sixty(60)days of
(Section 1.1) Agreement Agreement execution
Insurance Insurance Certificate Within 30 days of Agreement
execution and Annually within
thirty(30)days of renewal
Detailed Project Schedule Project Schedule Within sixty(60)days of
Agreement execution
Project Plans and Specifications Site Plans and Specifications Prior to procurement
Subcontractor Log Subcontractor Log Initially at construction start,
and quarterly thereafter
Progress Report Exhibit C Quarterly;within 10 days
following the end of the quarter.
Annually after closeout.
Section 3 Report Quarterly report of new hire Quarterly;within 10 days
information following the end of the quarter.
Annually after closeout.
Davis-Bacon Act Certified Weekly Certified Payroll Weekly within 7 days following
Payroll reports,forms, and supporting issuance of payroll checks
documentation
Annual Audit Monitoring Exhibit E Annually:nine(9)months after
Report FY end for Single Audit OR one
hundred eighty(180)days after
FY end
Financial and Compliance Audit Audit,Management Letter,and Annually:nine(9)months after
Supporting Documentation FY end for Single Audit OR one
hundred eighty(180)days after
FY end
Continued Use Certification Continued Use Affidavit, if Annually;for five(5)years after
applicable meeting the National Objective
Capital Needs Assessment Plan Plan approved by the COUNTY Initial Plan due after completion
of construction.Annually
through the period of continued
use
Program Income Reuse Plan Plan Approved by the COUNTY Not applicable
D. Payment Deliverables
Payment Deliverable Payment Supporting Documentation Submission Schedule
Project Component 1:Permitting Submission of supporting documents Submission of
must be provided as backup,as evidenced monthly invoices,
by check stubs,bank statements,copy of within 30 days of the
permits,and any other additional prior month.
documentation as requested.
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CD21-06
Shelter to Thrive Page 5
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Project Component 2: Exterior Submission of supporting documents Submission of
improvements which may include must be provided as backup,as evidenced monthly invoices,
but are not limited to installation by banking documents,completed AIA within 30 days of the
of windows,painting, G702-1992 form, or equivalent document prior month.
waterproofing,and replacement per contractor's Schedule of Values,and
of stucco. The project will be any additional documents as needed.
defined in the project plans,
specification and schedule of 10%retainage of the award amount or
values. project costs,whichever is less,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.
Final 10 percent of award amount will be paid upon completion of final monitoring clearance and
documentation of meeting the National Objective.Failure by the SUBRECIPIENT to achieve the National
Objective will require repayment of the CDBG investment under this Agreement.
1.3 PERIOD OF PERFORMANCE
SUBRECIPIENT services shall begin on October 1,2021 and shall end on December 31,2022.
The County Manager or designee may extend the term of this Agreement for a period of up to 180
days after the end of the Agreement.Extensions must be authorized,in writing,by formal letter to
the SUBRECIPIENT.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available ONE HUNDRED AND SIX THOUSAND, THREE
HUNDRED AND EIGHTY DOLLARS AND ZERO CENTS ($106,380.00) for use by the
SUBRECIPIENT, during the term of the Agreement (hereinafter, shall be referred to as the
"Funds").
Modification to the"Budget and Scope"may only be made if approved in advance.Budgeted fund
shifts among line items shall not be more than 10 percent of the total funding amount and shall not
signify a change in scope.Fund shifts that exceed 10 percent of the Agreement amount shall only
be made with Board of County Commissioners(Board)approval.
The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible
costs;and all disbursement requests must be limited to the amount needed at the time of the request.
SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC.
CD21-06
Shelter to Thrive Page 6
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16Q7
during the term of this Agreement. Invoices for work performed are required every month. If no
work has been performed during that month,or if SUBRECIPIENT is not yet prepared to send the
required backup,a$0 invoice is required.Explanations may be required if two consecutive months
of$0 invoices are submitted.Payments shall be made to the SUBRECIPIENT,when requested,as
work progresses but not more frequently than once per month. Reimbursement will not occur if
SUBRECIPIENT fails to perform the minimum level of service required by this Agreement.
Final invoices are due no later than 90 days after the end of the Agreement.Work performed during
the term of the program but not invoiced within 90 days after the end of the Agreement may not be
processed without written authorization from the Grant Coordinator.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requirements, including timely submission of Performance
Deliverables contained in Section 1.2.C. Late submission of deliverables may cause payment
suspension of any open pay requests until the required deliverables are received by CHS. Except
where disputed for noncompliance, payment will be made upon receipt of a properly completed
invoice, and in compliance with §218.70, Florida Statutes, otherwise known as the "Local
Government Prompt Payment Act."
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 the 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 may only incur direct costs that may be attributed
specifically to the project(s)referenced above,as defined in 2 CFR 200.413.The SUBRECIPIENT
must provide adequate documentation for validating costs incurred. Payments to
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
Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles.A Developer is
not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart E and may
impose requirements upon the Developer, to remain compliant with COUNTY's obligation to
follow 2 CFR Subpart E.The Developer will use adequate internal controls and maintain necessary
source documentation for all costs incurred and adhere to any other accounting requirements
included in this Agreement.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier,personal delivery, or sent by facsimile or other electronic means. Any notice
delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC.
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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: Catherine Sherman,Grant Coordinator
Collier County Government
Community and Human Services Division
3339 E Tamiami Trail, Suite 211
Naples,Florida 34112
Email: Catherine.Sherman(c�colliercountyfl.gov
Telephone: (239)252-1425
SUBRECIPIENT ATTENTION:Niles Dookie, Grants and Development Manager
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC.
9040 Sunset Drive
Miami,Florida 33173
A 1"1'bNTION: Cassandra Beaver,Director of Operations
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC.
4227 Exchange Avenue
Naples,Florida 34104
Email:NDookie@sunrisegroup.org
CassandraBeaver(a,sunrisegroup.org
Telephone: (305)273-3065
(239)643-5338
Remainder of Page Intentionally Left Blank
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PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
At any time during normal business hours and as often as the COUNTY(and/or its representatives)
may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit all
records,documentation, and any other data relating to all matters covered by the Agreement.
SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its
receipt of the report. SUBRECIPIENT's failure to comply with the above audit requirements will
constitute a violation of this Agreement and may result in the withholding of future payments.
SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with
current COUNTY policy concerning Subrecipient audits 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
The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to
determine compliance with the requirements of this Agreement,the CDBG Program,and all other
applicable laws and regulations. This documentation shall include but is not limited to, the
following:
A. All records required by CDBG regulations.
B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily
would be required by the COUNTY in order to perform the service.
C. 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
procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this
Agreement. Materials identified in the previous sentence shall be in accordance with
generally accepted accounting principles (GAAP), procedures, and practices, which
sufficiently and properly reflect all revenues and expenditures of funds provided directly
or indirectly by this Agreement, 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.
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D. Upon completion of all work contemplated under this Agreement,copies of all documents
and records relating to this Agreement shall be surrendered to CHS, if requested. In any
event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a
readily accessible, permanent, and secured location for three (3) years after the date of
submission of 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,or audit
findings involving these records are resolved. If a SUBRECIPIENT ceases to exist after
the closeout of this Agreement,the COUNTY shall be informed, in writing,of the address
where the records are to be kept,as outlined in 2 CFR 200.337.The SUBRECIPIENT shall
meet all requirements for retaining public records and transfer,at no cost to COUNTY,all
public records in possession of the SUBRECIPIENT upon termination of the Agreement
and destroy any duplicate exempt or confidential public records that are exempt from
public records disclosure requirements.All records stored electronically must be provided
to the COUNTY in a format that is compatible with the COUNTY'S information
technology systems.
IF SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832,
Michael.Cox(u�colliercountyfl.gov, 3299 Tamiami Trail E, Naples
FL 34112.
E. SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Act of
1931, including files containing contractor payrolls, employee interviews, Davis-Bacon
wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records
showing contractor compliance with the Contract Work Hours and Work Safety Law.
Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal
purchasing requirements and other federal requirements for grant implementation.
F. SUBRECIPIENT will be responsible for the creation and maintenance of income eligible
files on clients served, and documentation that all households are eligible under HUD
Income Guidelines. SUBRECIPIENT agrees that CHS shall be the final arbiter on the
SUBRECIPIENT's compliance.
G. SUBRECIPIENT shall document how compliance with the National Objective(s), as
defined in 24 CFR 570.208, and the eligibility requirement(s) under which funding has
been received were accomlished.This includes special requirements,such as necessary and
appropriate determinations as defined in 24 CFR 570.208,income certification,and written
agreements with beneficiaries,where applicable.
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H. SUBRECIPIENT shall provide the public with access to public records on the same terms
and conditions that the COUNTY would provide the records, and at a cost that does not
exceed the cost provided in Chapter 119,Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that 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 D)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 eighty (180) days for
Subrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The
COUNTY will conduct an annual financial and programmatic review.
SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop
review of the activities may be conducted in lieu of an on-site visit. The continuation of this
Agreement is dependent upon satisfactory evaluations. Upon request by CHS, the
SUBRECIPIENT shall submit information and status reports required by CHS or HUD,to enable
CHS to evaluate said progress and allow for completion of required reports.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 SUBRECIPIENT'S performance in an attempt to mitigate fraud,waste,
abuse, or non-performance, based on goals and performance standards as stated with all other
applicable laws, regulations, and policies governing the funds provided under this Agreement,
further defined by 2 CFR 200.332.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 necessary
to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this
Agreement, and to provide for the proper and effective management of all Program and Fiscal
activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and
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other significant events shall be clearly documented, and the documentation shall be readily
available for monitoring by COUNTY.
SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees,
and agents for the purpose of monitoring or investigating the performance of the Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate,and prevent
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 to any
appropriate law enforcement authority,if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this Agreement.Penalties may be imposed for failure to implement or to make
acceptable progress on such corrective action plans.
To effectively enforce COUNTY Resolution No.2013-228,CHS has adopted an escalation policy
to ensure continued compliance by Subrecipients,Developers, or any entity receiving grant funds
from CHS.The escalation policy for noncompliance is as follows:
1. Initial noncompliance may result in COUNTY issuing Findings or Concerns to the
SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action
plan to CHS within 15 days following issuance of the report.
• Any pay requests that have been submitted to CHS for payment will be held
until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to
SUBRECIPIENT,as needed, in order to correct the noncompliance issue.
2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely
manner, the COUNTY may require a portion of the awarded grant funds be
returned to the COUNTY.
• CHS may require upwards of 5 percent of the award amount be returned to the
COUNTY,at the discretion of the Board.
• The SUBRECIPIENT may be denied future consideration, as set forth in
Resolution No.2013-228.
3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously
corrected, and has been informed by CHS of their substantial noncompliance by
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certified mail, CHS may require a portion of the awarded grant amount or the
amount of the CDBG investment for acquisition of the properties conveyed,to be
returned to the COUNTY.
• CHS may require upwards of 10 percent of the award amount to be returned
to the COUNTY,at the discretion of the Board.
• The SUBRECIPIENT will be considered in violation of Resolution No.2013-
228.
4. If after repeated notification, SUBRECIPIENT continues to be substantially
noncompliant,CHS may recommend the Agreement or award be terminated.
• CHS will make a recommendation to the Board to immediately terminate the
Agreement. SUBRECIPIENT will be required to repay all funds disbursed by
CHS for the terminated project. This includes the amount invested by the
COUNTY for the initial acquisition of properties or other activities.
• SUBRECIPIENT will be considered in violation of Resolution No.2013-228.
If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be
noncompliant, the above sanctions may be imposed across all awards at the Board's
discretion.
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this Agreement,and on the resolution of monitoring findings identified pursuant to this
Agreement, as deemed necessary by the County Manager or designee.
During the term of this Agreement,SUBRECIPIENT shall submit quarterly progress reports to the
COUNTY on the 10th day of January, April,July, and October,respectively,for the prior quarter
period end. As part of the report submitted in October, the SUBRECIPIENT agrees to include a
comprehensive final report covering the agreed-upon Program objectives, activities, and
expenditures including but not limited to,performance data on client feedback with respect to the
goals and objectives set forth in Exhibit C,which contains an example reporting form to be used in
fulfillment of this requirement. Other reporting requirements may be required by the County
Manager or designee if the Program changes,the need for additional information or documentation
arises, and/or legislative amendments are enacted. Reports and/or requested documentation not
received by the due date shall be considered delinquent and may be cause for default and
termination of this Agreement.
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC.
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY,which consent,if given at all,shall be at the COUNTY's sole discretion and judgment.
3.2 GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants),including subpart K of these regulations,except that(1)
SUBRECIPIENT does not assume the COUNTY's environmental responsibilities described in 24
CFR 570.604; (2) SUBRECIPIENT does not assume the COUNTY's responsibility for initiating
the review process under the provisions of 24 CFR Part 52; (3) SUBRECIPIENT is required to
follow the federal procurement process; and (4) for Developers, revenue generated is not
considered program income.The CDBG program was funded through the Housing and Community
Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable
laws, regulations, and policies governing the funds provided under this Agreement. The
SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement
rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating
or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT
shall always remain an"independent contractor"with respect to the services to be performed under
this Agreement. The COUNTY shall be exempt from payment of all Unemployment
Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation
Insurance,as the SUBRECIPIENT is independent from the COUNTY.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a
duly authorized representative of each organization,and approved by the 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 for other reasons. If such
amendments result in a change in the funding,the scope of services, or schedule of the activities to
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be undertaken as part of this Agreement, such modifications will be incorporated only by written
amendment,signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from HUD CDBG grant funds and must be
implemented in full compliance with all of HUD's rules and regulations and any agreement
between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event
of curtailment or non-production of said federal funds,or the reduction of funds awarded by HUD
to the COUNTY, to a level determined by the County Manager to be insufficient to adequately
administer the project, the financial resources necessary to continue to pay the SUBRECIPIENT
all or any portion of the funds will not be available. In either event, the COUNTY may terminate
this Agreement,which shall be effective,as of the date that it is determined by the County Manager
or designee, in his/her sole discretion and judgment,that the funds are no longer available. In the
event of such termination,the SUBRECIPIENT agrees that it will not look to,nor seek to hold the
COUNTY, nor any individual member of the County Commissioners and/or County
Administration, personally liable for the performance of this Agreement, and the COUNTY shall
be released from any further liability to SUBRECIPIENT under the terms of this Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law,the SUBRECIPIENT shall indemnify and hold
harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act or omission, including
but not limited to reasonable attorneys'and paralegals'fees,to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents,
officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any
persons acting under the direction, control, or supervision of the SUBRECIPIENT in the
performance of this Agreement. This indemnification obligation shall not be construed to negate,
abridge,or reduce any other rights or remedies,which otherwise may be available to an indemnified
party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses
of any nature whatsoever in connection therewith and shall defend all suits in the name of the
COUNTY and shall pay all costs(including attorney's fees)and judgments which may issue there-
on. This Indemnification shall survive the termination and/or expiration of this Agreement. This
section does not pertain to any incident arising from the sole negligence of COUNTY. The
foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits
set forth in Section 768.28,Florida Statutes.This section shall survive the expiration of termination
of this Agreement.
3.7 GRANTEE RECOGNITION/SPONSORSHIPS
SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements,
descriptions of program sponsorships,research reports,and similar public notices,whether printed
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or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the
Program shall include the statement:
"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY
COMMUNITY AND HUMAN SERVICES DIVISION"
and shall appear in the same size letters or type as the name of SUBRECIPIENT. This design
concept is intended to disseminate key information to the general public regarding the development
team, as well as Equal Housing Opportunity. Construction signs shall comply with applicable
COUNTY codes.
3.8 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 for such
termination,the effective date,and in the case of partial terminations,the portion to be terminated.
However,in the case of a partial termination,if the COUNTY determines that the remaining portion
of the award will not accomplish the purpose for which the award was made,the COUNTY may
terminate the award in its entirety.This Agreement may also be terminated by the COUNTY,if the
award no longer effectuates the program goals or grantor agency priorities.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement, in compliance with 2 CFR 200,Appendix II(A):
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 the SUBRECIPIENT relating to the project.
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In the event of any default by SUBRECIPIENT under this Agreement,the COUNTY may seek any
combination of one or more of the following remedies, in compliance with 2 CFR 200,Appendix
II (B):
A. Require specific performance of the Agreement,in whole or in part.
B. Require the use of,or change in,professional property management.
C. Require SUBRECIPIENT to immediately repay to the COUNTY all CDBG funds received
under this Agreement.
D. Apply sanctions,if COUNTY determines them 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.
3.9 SUSPENSION AND DEBARMENT
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 an Federal Department or agency; and, that the SUBRECIPIENT 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.
3.10 REVERSION OF ASSETS
In the event of a termination of this Agreement and in addition to any and all other remedies
available to the COUNTY (whether under this Agreement, or at law, or in equity), the
SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of
termination(or expiration)and any accounts receivable attributable to the use of CDBG funds,per
24 CFR 570.503(b)(7).
The COUNTY's receipt of any funds on hand at the time of termination shall not waive the
COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the
funds or property, as the COUNTY may deem necessary.Regulations regarding real property are
subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7).
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3.11 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until
all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said
insurance shall be carried continuously during SUBRECIPIENT's performance under the
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, Cost Principles and Audit
Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the
Community Development Block Grant(24 CFR 570 et seq.).
3.13 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through
200.327)and Collier County's Procurement Ordinance#2017-08,as amended.Current purchasing
thresholds are:
Range: Competition Required
$0-$50,000 3 Written Quotes
$50,001+ Formal Solicitation(ITB,RFP, etc.)
In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall
provide a preference for the purchase,acquisition,or use of goods,products,or materials produced
in the United States.
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 200.323.
All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT
employees, or put out to competitive bidding, under a procedure acceptable to COUNTY and
Federal requirements. The SUBRECIPIENT shall enter into contracts for improvements with the
lowest, responsible, and qualified bidder. In accordance with 2 CFR 200.323, 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 200.323.Contract administration shall be conducted by the SUBRECIPIENT and monitored
by CHS,which shall have access to all records and documents related to the Project.
3.14 PROGRAM GENERATED INCOME
No Program Income is anticipated.However,if Program Income is derived from the use of CDBG
funds disbursed under this Agreement, such Program Income shall be utilized by the
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SUBRECIPIENT for CDBG-eligible activities approved by COUNTY. Any Program Income(as
such term is defined under applicable Federal regulations) gained from any activity of the
SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual
Program Income Re-use Plan, utilized by the SUBRECIPIENT accordingly, and shall be in
compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When
Program Income is generated by an activity that is only partially assisted by CDBG funds,
the income shall be prorated to reflect the percentage of CDBG funds used. If there is a
Program Income balance at the end of the Program Year, such balance shall revert to the
COUNTY's Community Block Grant Program,for further reallocation.
Public Facilities and Improvements:Public facilities that are acquired,constructed,rehabilitated,
or otherwise improved with CDBG funds are subject to this requirement. This includes parks,
libraries, community centers, and any other facility whose primary purpose is a public one. For
these facilities,Program Income is the income generated by the use of the facility,less the operating
costs associated with generating the income.The COUNTY considers utilities,property insurance,
and facility maintenance to be operating costs that should be subtracted from revenue to determine
net program income.For each funded project,the SUBRECIPIENT must submit to the COUNTY
for approval,a list of proposed costs incidental to the generation of the program income.
Additionally, real property under the SUBRECIPIENT'S control that was acquired or improved,
in whole or in part,with CDBG funds shall be used to meet one of the CDBG National Objectives,
pursuant to 24 CFR 570.208, during the continued use period as referenced in section 3.14(Grant
Closeout Procedures) of this Agreement. If the SUBRECIPIENT sells, transfers, disposes of, or
otherwise fails to continue to use the CDBG-assisted real property in a manner that meets a CDBG
National Objective,the SUBRECIPIENT shall pay the COUNTY an amount equal to a percentage
of the current fair market value of the property,after subtracting disposal costs. The basis for such
percentage shall be the percentage of the appraised value attributable to CDBG and non-CDBG
funds expended for the original acquisition of, or improvement to,the property under the terms of
this Agreement. Such payment shall constitute program income to the COUNTY.
3.15 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 five (5)
year continued use period has been met. The continued use period shall commence with the later
of the SUBRECIPIENT meeting the National Objective or the recording of lien and/or deed
restriction documentation. Activities during this closeout period shall include, but are not limited
to making final payments;disposing of program assets(including the return of all unused materials,
equipment,program income balances,and receivable accounts to the COUNTY);and determining
the custodianship of records. In addition to the records retention outlined in Part 2.2, the
SUBRECIPIENT shall comply with Section 119.021, Florida Statutes, regarding records
maintenance,preservation,and retention.A conflict between state and federal 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
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returned to the COUNTY. Any funds paid exceeding the amount SUBRECIPIENT is entitled to
under the terms and conditions of this Agreement must be refunded to the COUNTY.
SUBRECIPIENT shall also produce records and information complying with Section 215.97,
Florida Single Audit Act.Closeout procedures must take place in accordance with 2 CFR 200.344.
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, to the greatest extent feasible, eligible
business concerns located in or owned in substantial part by persons residing in the project areas
shall be awarded contracts in connection with the project.The SUBRECIPIENT shall comply with
Section 3 of the Housing and Community Development Act of 1968.
3.17 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 that is 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 women's business enterprises,
in lieu of an independent investigation.
3.18 PROGRAM BENEFICIARIES
If the Agreement is meeting a National Objective through an LMI strategy, at least 51 percent of
the beneficiaries of a project funded through this Agreement must be low- and moderate- income
persons, or presumed to be low- to moderate- income persons based on applicable regulation.
Determination of income eligibility is based on the annual income of the family or household.This
Agreement conforms to the definition of Annual Income, per 24 CFR 570.3(1)(i), where Annual
income is defined under the Section 8 Housing Assistance Payments. Details for calculating the
Annual Income are contained in 24 CFR 5.609, with practical instructions contained in HUD
Handbook 4350.3,Chapter 5.
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If the project is located in an entitlement city as defined by HUD, or serves beneficiaries
countywide,more than 30 percent of the beneficiaries directly assisted under this Agreement must
reside in unincorporated Collier County or in municipalities participating in the COUNTY's Urban
County Qualification Program. The project shall assist beneficiaries as defined above for the time
period designated in Exhibit C of this Agreement.
3.19 AFFIRMATIVE ACTION
The SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program
pursuant to the COUNTY's specifications,in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966. The SUBRECIPIENT shall submit a plan for an
Affirmative Action Program for approval prior to the award of funds. The Affirmative Action
Program will need to be updated throughout the continued use period and must be submitted to the
COUNTY within 60 days of any update/modification.
3.20 CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ, who presently exercises any
functions or responsibilities in connection with the Project, has any personal financial interest,
direct or indirect, in the Project areas or any parcels therein,which would conflict in any manner
or degree with the performance of this Agreement,and that no person having any conflict of interest
shall be employed by or subcontracted by SUBRECIPIENT.The SUBRECIPIENT covenants that
it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest," 2 CFR 200.318, and
the State and County statutes,regulations,ordinances,or resolutions governing conflicts of interest.
The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person,or an entity
owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified,and the costs are reasonable.Approval
of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not
intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees.
Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its
contractors shall be disclosed to CHS in writing, provided however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low- and moderate-
income residents of the project target area.
3.21 BYRD ANTI-LOBBYING AMENDMENT
Each tier certifies that the tier above it will not, and has not, used Federally appropriated funds to
pay any person or organization for influencing or attempting to influence the award of Federal
funds, as covered by 31 USC 1352, as more fully described in Section 4.47 of this Agreement.
Contractors who apply or bid for an award of$100,000 or more shall file the required certification.
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3.22 RELIGIOUS ORGANIZATIONS
CDBG funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment based on
religion,and will not limit employment or give preference in employment to persons based
on religion.
B. It will not discriminate against any person applying for public services based on religion,
and will not limit such services or give preference to persons based on religion.
C. It will retain its independence from Federal, State, and Local governments and may
continue to carry out its mission, including the definition, practice, and expression of its
religious beliefs, provided it does not use direct CDBG funds to support any inherently
religious activities,such as worship,religious instruction,or proselytizing.
D. The funds shall not be used for the acquisition,construction,or rehabilitation of structures
to the extent that those structures are used for inherently religious activities. Where a
structure is used for both eligible and inherently religious activities,CDBG funds may not
exceed the cost of those portions of the acquisition,construction,or rehabilitation that are
attributable to eligible activities, in accordance with the cost accounting requirements
applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG
funded religious congregation uses as its principal place of worship,however,are ineligible
for CDBG funded improvements.
3.23 INCIDENT REPORTING
If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any
subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse,neglect,
or exploitation of a child,aged person,or disabled person.
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.
3.25 MISCELLANEOUS
The SUBRECIPIENT and the COUNTY each binds itself, its partners, successors, legal
representatives,and assigns of such other party in respect to all covenants of this Agreement.
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The SUBRECIPIENT represents and warrants that the financial data,reports,and other information
on the Project it furnished to the COUNTY are accurate and complete, and financial disclosures
fairly represent the financial position of the SUBRECIPIENT.
The SUBRECIPIENT certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this
Agreement. The SUBRECIPIENT also certifies that the undersigned person has the authority to
legally execute and bind the SUBRECIPIENT to the terms of this Agrement.
The Grant Documents shall be construed in accordance with and governed by the laws of the State
of Florida,without giving effect to its provisions regarding choice of laws.
All activities authorized by this Agreement shall be subject to and performed in accordance with
the provisions of the terms and conditions of the Agreement between the COUNTY, the
Regulations, all applicable federal,state, and municipal laws, ordinances, regulations, orders, and
guidelines,including but not limited to any applicable regulations issued by the DIVISION.
Electronic Signatures. This Agreement,and related documents entered into in connection with this
Agreement are signed when a party's signature is delivered by facsimile, e-mail, or any other
electronic medium. These signatures must be treated in all respects as having the same force and
effect as original signatures.
Remainder of Page Intentionally Left Blank
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title24/24cfr570 main 02.tpl
4.2 24 CFR 58 -The regulations prescribing the Environmental Review procedure.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=1 acdb92f3b05c3f285dd76c26d 14f54e&mc=true&node=pt24.1.58&rgn=div5
4.3 Section 104(b)and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended
https://www.hud.gov/program_offices/comm_planning/community development/rulesandregs/law
s/sec5309
4.4 The Fair Housing Act(42 U.S.C. 3601-20)Reasonable Accommodations Under the Fair Housing
Act.https://www.hud.gov/sites/documents/DOC 7771.PDF
https://www.justice.gov/crt/fair-housing-act-1
Executive Order 11063—Equal Opportunity in Housing https://www.archives.gov/federal-
register/codification/executive-order/11063.html
Executive Order 11259-Leadership&Coordination of Fair Housing in Federal Programs
https://www.archives.gov/federal-register/codification/executive-order/12259.html
24 CFR Part 107-Non-Discrimination and Equal Opportunity in Housing under E.O.
https://www.law.comell.edu/cfr/text/24/part-107
4.5 Title VI of the Civil Rights Act of 1964 as amended,Title VIII of the Civil Rights Act of 1968, as
amended https://www.hud.gov/programdescription/title6
4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
https://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-titl e24-vo 13-sec570-
602.pdf
4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations. EO 11246:
https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended
EO 11375 and 12086: see item#8 below
4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972,42 USC§2000e,et.seq.The SUBRECIPIENT will,in all solicitations or advertisements for
employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or
Affirmative Action employer.
https://www.hud.gov/programdescription/title6
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4.9 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD
Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all
applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a
condition of the Federal financial assistance provided under this Agreement and binding upon the
COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through which Federal
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
The SUBRECIPIENT further agrees to comply with these"Section 3"requirements and to include
the following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a program providing
direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires
that,to the greatest extent feasible,opportunities for training and employment be given to low-and
very low-income residents of the project area, and that contracts for work in connection with the
project be awarded to business concerns that provide economic opportunities for low- and very
low-income persons residing in the metropolitan area in which the project is located."
The SUBRECIPIENT further agrees to ensure that opportunities for training and employment
arising in connection with a housing rehabilitation (including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project are given to low-
and very low-income persons residing within the metropolitan area in which the CDBG-funded
project is located; where feasible, priority should be given to low- and very low-income persons
within the service area of the project or the neighborhood in which the project is located, and to
low- and very low- income participants in other HUD programs; and award contracts for work
undertaken in connection with a housing rehabilitation(including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project to business
concerns that provide economic opportunities for low- and very low-income persons residing
within the metropolitan area in which the CDBG-funded project is located;where feasible,priority
should be given to business concerns that provide economic opportunities to low- and very low-
income residents within the service area or the neighborhood in which the project is located,and to
low-and very low-income participants in other HUD programs.
https://www.hud.gov/sites/documents/DOC 12047.PDF
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tp1=/ecfrbrowse/Title24/24cfr135 main 02.tpl
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4.10 Age Discrimination Act of 1975,Executive Order 11063,and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107 and 12086.
Age Discrimination Act of 1975
https://www.law.comell.edu/uscode/text/42/chapter-76
11246:https://www.dol.gov/ofccp/regs/statutes/eo11246.htm
11375: Amended by EO 11478
11478:https://www.archives.gov/federal-register/codification/executive-order/11478.html
12107: https://www.archives.gov/federal-register/codification/executi.ve-order/12107.html
12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html
4.11 Contract Work Hours and Safety Standards Act,40 USC 327-332.
https://www.dol.gov/whd/regs/statutes/safe01.pdf
4.12 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5),24 CFR 570.614 Subpart K.
Section 504: https://www.epa.gov/ocr
29 USC 776: https://law.onecle.com/uscode/29/776.html
24 CFR 570.614: https://www.law.comell.edulcfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudap
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as amended.
https://www.fhwa.dot.gov/real estate/uniform act/index.cfm
4.15 29 CFR Parts 3 and 5 -Regulations that prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all
construction contracts funded by CDBG.
Davis-Bacon Act:42 USC 276a to 40 USC 276a:
https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-tit1e40-section276a-
7&num=0&edition=1999
29 CFR Part 3 -Contractors and Subcontractors on public building or Public Work Financed,in
whole or in part,by Loans or Grants from the United States
https://www.law.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)
https://www.law.cornell.edu/cfr/text/29/part-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally
assisted projects. https://www.presidency.ucsb.edu/ws/index.php?pid=23675
4.16 As a supplement to the Davis-Bacon Act requirements,the SUBRECIPIENT agrees to comply with
the "Copeland Anti-Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or
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subcontractors from inducing an employee to relinquish any part of his/her compensation, under
the federally-funded contract.
18 U.S.C. 874 https://www.govinfo.gov/content/pkg/USCODE-2010-title18/pdf/USCODE-2010-
title 18.pdf
40 U.S.C.276c https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-tit1e40-
section276c&num=0&edition=1999
4.17 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 - which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise.
https://www.archives.gov/federal-register/codification/executive-order/11625.htm1
4.18 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws,regulations,and executive orders referenced in 24 CFR 570.607,as
revised by Executive Order 13279.The applicable non-discrimination provisions in Section 109 of
the Housing and Community Development Act(HCDA)are still applicable.
24 CFR 570.607:
https://www.ecfr.gov/cgi-bin/text-
idx?SID=9eae3 f8eaa991 f0411 f3 83b74003bcb 1&mc=true&node=pt24.3.570&rgn=div5#se24.3.5
70 1607
E.O. 13279:http://www.fedgovcontracts.com/pe02-96.htm
4.19 Public Law 100-430-the Fair Housing Amendments Act of 1988.
https://wvvw.ncbi.nlm.nih.gov/pubmed/12289709
4.20 2 CFR 200 et seq-Uniform Administrative Requirements,Cost Principles,and Audit
requirements for Grants and Agreements.
https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title02/2cfr200 main 02.tpl
4.21 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;2)extend or renew a contract to procure or obtain;3)enter into
a contract(or extend or renew a contract)to procure or obtain equipments,services,or systems that
use(s) covered telecommunications equipment or services as a substantial component of any
system,or as critical technology as part of any system.
4.22 Immigration Reform and Control Act of 1986
https://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html
4.23 Prohibition of Gifts to COUNTY Employees -No organization or individual shall offer or give,
either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any
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COUNTY employee, as set forth in Chapter 112, Part III,Florida Statutes, Collier County Ethics
Ordinance No.2004-05,as amended,and County Administrative Procedure 5311.
Florida Statutes-
https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii
Collier County-
http://www.col li ergov.net/home/showdocument?id=35137
4.24 Order of Precedence-In the event of any conflict between or among the terms of any of the Contract
Documents,the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except that the terms of any Supplemental Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
4.25 Venue-Any suit of action brought by either party to this Agreement against the other party,relating
to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in
Collier County,FL which courts have sole jurisdiction on all such matters. (No reference required
for this item).
4.26 Dispute Resolution-Prior to the initiation of any action or proceeding permitted by this Agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation, and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes.The litigation arising out of this Agreement shall be adjudicated in Collier County,Florida,
if in state court; and the US District Court, Middle District of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WANE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO,OR ARISING OUT OF,THIS AGREEMENT.
https://www.flsenate.gov/Laws/Statutes/2012/44.102
4.27 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE-
2010-title42/html/USCODE-2010-title42-chap85.htm
https://www.law.cornell.edu/uscode/text/42/chapter-85
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.govinfo.gov/content/pkg/USCODE-2011-title33/pdf/USCODE-2011-title33-
chap26.pdf
https://www.law.comell.edu/uscode/text/33/chapter-26
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4.28 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 570.605 Subpart K),the SUBRECIPIENT shall assure that for activities located in an
area identified by FEMA as having special flood hazards,flood insurance under the National Flood
Insurance Program is obtained and maintained.If appropriate,a letter of map amendment(LOMA)
may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said
flood insurance.
https://www.law.cornell.edu/cfr/text/24/570.605
4.29 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this Agreement shall be subject to the HUD Lead-Based Paint Poisoning
Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo.gov/fdsys/granule/CFR-
2000-tit1e24-vo13/CFR-2000-title24-vo13-sec570-608-id 163
4.30 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800,Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this Agreement.
https://www.nps.gov/history/local-law/nhpa1966.htm
https://www.achp.gov/sites/default/files/regulations/2017-02/regs-rev04.pdf
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.
https://www.nps.gov/history/local-law/nhpa1966.htm
4.31 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with
the Drug-Free Workplace Act of 1988(41 USC 701).
https://www.gpo.gov/fdsys/granule/USCODE-2009-title4l/USCODE-2009-title41-chap 10-
sec701
4.32 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 the SUBRECIPIENT shall not knowingly
enter into any lower tier contract, or other covered transaction, with a person who is similarly
debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609,
Subpart K.
https://www.archives.gov/federal-regi ster/codification/executive-order/12549.html
4.33 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable
and agrees to adhere to the accounting principles and procedures required therein,utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred. These
requirements are enumerated in 2 CFR 200,et seq.
4.34 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be
submitted to the COUNTY nine(9)months after the end of the SUBRECIPIENT's fiscal year.The
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SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty(180)days after the end of the SUBRECIPIENT'S
fiscal year.Per 2 CFR 200.345,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?S ID=5a78addefff9a535e83fed3010308aef&mc--true&node=se2.1.200_1344&rgn=div8
4.35 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101,shall be subject
to the provisions of CDBG including, but not limited to, the provisions on use and disposition of
property. Any real property within SUBRECIPIENT control, which is acquired or improved, in
whole or part, with CDBG funds in excess of$25,000,must adhere to the CDBG Regulations at
24 CFR 570.505.
https://www.Qpo.gov/fdsys/granule/CFR-1999-title49-vol l/CFR-1999-title49-volt-sec24-101
https://www.govinfo.gov/app/details/CFR-2012-title24-vo13/CFR-2012-title24-vo13-sec570-505
4.36 As provided in§287.133,Florida Statutes,by entering into this Agreement or performing any work
in furtherance hereof,the SUBRECIPIENT certifies that it, its affiliates, suppliers,subcontractors
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.
This notice is required by§287.133 (3)(a),Florida Statutes.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search String=&UR
L=0200-0299/0287/Sections/0287.133.html
4.37 No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress,in connection with the awarding of any Federal contract,the making of any Federal grant,
the making of any Federal loan,the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. If any funds,other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency,a Member of Congress,an officer or employee of Congress, or an employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions. The undersigned shall require that the language of
this certification be included in the award documents for all sub-awards at all tiers (including
subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
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4.38 Travel reimbursement will be based on the U.S. General Services Administration(GSA)per diem
rates in effect at the time of travel.
https://www.gsa.gov/portal/content/104877
4.39 Equal access in accordance with the individual's gender identity in community planning and
development programs,per 24 CFR 5.106.
https://www.govregs.com/regulations/expand/title24_part5 subpartA section5.106
4.40 Housing Counseling,including homeownership counseling or rental housing counseling,as defined
in §5.100,required under or provided in connection with any program administered by HUD shall
be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214
to provide housing counseling,consistent with 12 U.S.C. 1701x,per 24 CFR 5.111.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=e339ece9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6
https://www.law.cornell.edu/cfiltext/24/5.111
4.41 HUD Final Rule—Implementation of the Violence Against Women Reauthorization Act of 2013
which applies for all victims of domestic violence,dating violence,sexual assault,and stalking,
regardless of sex,gender identity,or sexual orientation,and which must be applied consistent
with all nondiscrimination and fair housing requirements.
https://www.federalregister.gov/documents/2016/11/16/2016-25 888/violence-against-women-
reauthorization-act-of-2013-implementation-in-hud-housing-programs
4.42 Any rule or regulation determined to be applicable by HUD.
4.43 Florida Statute 448.095 Employment Eligibility.Per Florida Statute 448.095(3),all Florida private
employers are required to verify employment eligibility for all new hires beginning January 1,
2021. Eligibility determination is not required for continuing employees hires prior to January 1,
2021.
http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&URL=0400-
0499/0448/0448.html
4.44 Florida Statutes 713.20,Part 1,Construction Liens
https://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700-
0799/0713/0713.html
4.45 Florida Statutes 119.021 Records Retention
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL-0100-
0199/0 l 1 9/Sections/0119.021.html
4.46 Florida Statutes, 119.071,Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfin?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.071.html
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC.
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4.47 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.
4.48 Equal Treatment of Faith-Based Organizations: By regulation, HUD prohibits all recipient
organizations from using financial assistance from HUD 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 HUD funds while taking
into account religion when hiring staff. Questions in this regard should be directed to the Office
for Civil Rights.
4.49 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records
in the employment context,except when specifically authorized. The SUBRECIPIENT agrees to
avoid the misuse of arrest or conviction records to screen applicants for employment or employees
for retention or promotion that may have a disparate impact based on race or national origin,
resulting in unlawful employment discrimination unless use is otherwise specifically authorized by
law. See https://oip.gov/about/ocr/pdfs/UseofConviction Advisory.pdf for more details.
4.50 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.
4.51 False Claim;Criminal,or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any
credible evidence that a principal,employee,agent,contractor,subgrantee,subcontractor,or other
person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery,
gratuity,or similar misconduct involving subaward agreement funds
4.52 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
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC.
CD21-06
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16 CI
utilized in support of any partisan political activities or activities for or against the election of a
candidate for an elected office.
4.53 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD 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 HUD and to establish
workplace safety policies and conduct education,awareness,and other outreach to decrease crashes
caused by distracted drivers.
4.54 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://oj p.gov/funding/Explore/ProhibitedConduct-Trafficking.htm.
4.55 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT
understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in
support of any contract or subaward to either ACORN or its subsidiaries,without the express prior
written approval of OW.
4.56 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment, or performance of experimental,
developmental,or research work under this funding agreement,the SUBRECIPIENT must comply
with the requirements of 37 CFR Part 401,"Rights of Inventions Made by Nonprofit Organizations
and Small Busines Firms Under Government Grants,Contracts,and Cooperative Agreements,"and
any implementing regulations issued by HUD.
https://www.ecfr.gov/cgi-
bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de761 dc64c0&mc=true&n=pt37.1.401&r
=PART&ty=HTML
(Signature Page to Follow)
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC.
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IN WITNESS WHEREOF,the SUBRECIPIENT and COUNTY,have each respectively, by an
authorized person or agent, hereunder set their hands and seals on the date first written above.
ATTEST: BOA• • OF '0 . Y COMMIS ' RS OF
CRYSTAL K. NZEL,CLERK COLLI :._e 0 TY,FLORIDA/
By: // /
'., ' u Cl 'EIVNY TA 174R,CHAIRPE T ON
A 't as to Chairman'"
Site+Irri+,,,s., '
,) c' Date: to 12 z Z
' , .�a
,5"J
f t,'a�Dated: 5SUNRISE COMMUNITY OF SOUTHWEST
� FLORIDA, INC.
(SEAL) I
1 )By: Qpeu.,.. ,� J2_,
JOF.KELLEHER, CFO—
SECRETARY/TREASURER
Date: `I I W(7/0 0
Approved as to form and I ality:
Jennifer A. Belpedio
�2\
Assistant County Attorney :\
Date: Cc, 'oZ a,A ,
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC.
CD21-06
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PART V
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County,do Community and Human Services Division,3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440,Florida Statutes.
2. Commercial General Liability, including products and completed operations insurance, in the
amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement, in an amount not less than$1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1—3 above,a Certificate of Insurance must be provided as follows:
4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out of the
services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this Agreement. This insurance shall be maintained for a period of two(2) years
after the certificate of Occupancy is issued.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its
Subcontractors to provide, original certificates indicating the following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an"All Risk"basis, in an amount not less than one
hundred(100%)percent of the insurable value of the building(s)or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4001),
the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal
Emergency Management Agency(FEMA) as having special flood hazards, flood insurance under
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC.
CD21-06
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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.
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC.
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EXHIBIT B
COLLIER COUNTY COMMUNITY& HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SUBRECIPIENT Name: Sunrise Community of Southwest Florida, Inc.
SUBRECIPIENT Address: 9040 Sunset Drive,Miami,FL 33173
Project Name: Shelter to Thrive
Project No: CD21-06_ Payment Request#
Total Payment Minus Retainage
Period of Availability: 10/01/2021 _through 12/31/2022
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
Subrecipient CHS Approved
1. Grant Amount Awarded $ $
2. Total Amount of Previous Requests $ $
3. Amount of Today's Request(Net of Retainage, if $ $
applicable)
4. Current Grant Balance (Initial Grant Amount Award $ $
request)(includes Retainage)
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT.To the best of my knowledge and belief,
all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor(Approval required$15,000 and Division Director(Approval Required
above) $15,000 and above)
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC.
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EXHIBIT C
QUARTERLY PERFORMANCE REPORT DATA
The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement
and Information System(IDIS).The COUNTY reports information on a quarterly basis.To facilitate in the
preparation of such reports,SUBRECIPIENT shall submit the information contained herein within ten(10)
days of the end of each calendar quarter.At COUNTY's discretion, SUBRECIPIENT may be required to
enter the information collected on this exhibit into an online grant management system.
Subrecipient Name: Sunrise Community of Southwest Date:
Florida,Inc.
Project Title: Shelter to Thrive IDIS#:
Program Contact: Telephone Number:
Activity Reporting Period Report Due Date
October 1st—December 31" January 10th
January 1st—March 31" April 10th
April 1st—June 30th July 10th
July 1st—September 30th October 10th
REPORT FOR QUARTER ENDING:(check one that applies to the corresponding grant period):
12/31/21 3/31/22 6/30/22 9/30/22
Please note: The CDBG/HOME/ESG Program year begins October 1,2021—December 31,2022.Each quarterly report
must include cumulative data beginning from the start of the program year October 1,2021.
1. Please list the outcome goal(s)from your approved application and SUB RECIPIENT Agreement and indicate your
progress in meeting those goals since October 1,2021.
a. Outcome Goals: list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement
Outcome 1: A minimum of sixty(60)adult persons with disabilities shall benefit from the Shelter to Thrive
improvements.
Outcome 2: Document that 100%of adult persons with disabilities served are presumed by HUD to be low-
income persons to meet a CDBG LMI/LMC National Objective.
Outcome 3: Construction will be fully completed prior to the agreement end.
b. Goal Progress: Indicate the progress to date in meeting each outcome goal.
Outcome 1:
Outcome 2:
Outcome 3:
2. Is this project still in compliance with the original project schedule: Yes ❑ No ❑
If No,Explain:
3. Since October 1,2021;of the persons assisted,how many...
Answer ONLY for Public Facilities&Infrastructure Activities *03 Matrix Codes
a. ...now have new access(continuing)to this service or benefit? 0
b. ...now have improved access to this service or benefit? 0
c. ...now receive a service or benefit that is no longer substandard? 0
Total 0
4. What funding sources did the SUBRECIPIENT apply for this period?
Section 108 Loan Guarantee $ CDBG $
Other Consolidated Plan Funds $ HOME $
Other Federal Funds $ ESG $
$ HOPWA $
$ Total Entitlement $
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC.
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I I I Funds I I
5. What is the total number of UNDUPLICATED Persons(LMC)or Households(LMH)served this QUARTER,if
applicable? Answer question 5a or 5b;NOT both
For LMC activities: people,race/ethnicity,and income data are reported by persons.
For LMH activities: households,race/ethnicity,and income level are reported by households,regardless
the number of persons in the household.
a. Total No.Persons/Adults served(LMC) 0 Total No.persons served under 18 0
(LMC)
Quarter Total No.of Persons 0 Quarter Total No.of Persons 0
b. Total No.of Households served 0 Total No.of female head of household 0
(LMH)
6. What is the total number of UNDUPLICATED clients served since October,if applicable?
Answer question 6a or 6b,NOT both
For LMC activities:race/ethnicity and income data are reported by persons.
a. Total No.Persons/Adults served(LMC) 0 Total No.Persons served under 18 0
(LMC)
YTD Total: 0 YTD Total 0
b. Total No.Households served(LMH) 0 Total No.female head of household(LMH) 0
YTD Total 0 YTD Total 0
Complete EITHER question 7 or 8,NOT both
Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed
Benefit categories.
7. PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY
(LMC)Quarter (LMC)YTD
Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED
served this quarter who fall into each presumed benefit persons served since October 1 who fall into each
category(the total should equal the total in question#6a presumed benefit category(the total should equal the
or 6b): total in question#6a or 6b):
a Presumed Benefit Activities Only(LMC)QTR b Presumed Benefit Activities Only(LMC)YTD
0 Abused Children ELI 0 Abused Children ELI
0 Homeless ELI 0 Homeless Person ELI
Person
0 Migrant Farm LI 0 Migrant Farm Workers LI
Workers
0 Battered LI 0 Battered Spouses LI
Spouses
0 Persons LI 0 Persons w/HIV/AIDS LI
w/HIV/AIDS
0 Elderly Persons LI or MOD 0 Elderly Persons LI or
MOD
0 Illiterate Adults LI 0 Illiterate Adults LI
0 Severely LI 0 Severely Disabled Adults LI
Disabled Adults
0 Quarter Total 0 YTD Total
8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category.
Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range
Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED
served this Quarter who fall into each income category persons served since October 1 (YTD)who fall into
(the total should equal the total in question#6): each income category (the total should equal the total
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC.
CD21-06
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)� /
T .s
16D7
in question#6):
a ELI Extremely Low Income(0-30%) 0 b ELI Extremely Low 0
Income(0-30%)
LI Low Income(31-50%) 0 LI Low Income 0
MOD Moderate Income(51-80%) 0 MOD Moderate Income 0
(51-80%)
NON-L/M Above Moderate Income(>80%) 0 NON-L/M Above Moderate 0
Income(>80%)
Quarter Total 0 YTD Total 0
9. Is this project in a Low/Mod Area(LMA)? YES NO
•
Was project completed this quarter? YES NO If yes,complete all of this section 9.
Date project completed
Block Group Census Tract Total Beneficiaries Low/Mod Low/Mod Percentage
Beneficiaries
0 0 0 0 0
Date LMA Narrative approved by CHS?
What documentation supports project completion? (i.e.,
Certificate of Completion or Certificate of Occupancy,
etc.)
10. Racial&Ethnic Data(if applicable)
Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients
clients served this Quarter fall into each race served since October(YTD)fall into each race category.In
category.In addition to each race category,please addition to each race category please indicate how many
indicate how many persons in each race category persons in each race category consider themselves
consider themselves Hispanic. (Total Race column Hispanic. (Total Race column should equal the total in
should equal the total in question 6.) question 6.)
a. RACE ETHNICITY b. RACE ETHNICITY
/HISPANIC /HISPANIC
White 0 0 White 0 0
Black/African American 0 0 Black/African American 0 0
Asian 0 0 Asian 0 0
American Indian/Alaska Native 0 0 American Indian/Alaska 0 0
Native
Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific 0 0
Islander
Black/African American&White 0 0 Black/African American& 0 0
White
American Indian/Alaska Native& 0 0 American Indian/Alaska 0 0
Native&Black/African
Black/African American
American
Other Multi-racial 0 0 Other Multi-racial 0 0
0 0 0 0
Name:
Signature:
Title:
Your typed name here represents your electronic signature
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC.
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EXHIBIT D
INCOME CERTIFICATION
INSTRUCTIONS
Complete this form and retain appropriate supporting documentation proving CDBG assistance
to an eligible beneficiary. Please retain in your organization's records and have on hand for
future monitoring visits.
Effective Date:
A. Household Information
Member Names—All Household Members Relationship Age
1
2
3
4
5
6
7
8
B. Assets: All Household Members,Including Minors
Member Asset Description Cash Value Income
from Assets
1
2
3
4
5
6
7
8 0.00
Total Cash Value of Assets B(a) 0.00
Total Income from Assets B(b) 0.00
If line B(a) is greater than$5,000, multiply that amount by the rate specified
by HUD(applicable rate 0 .06%)and enter results in B(c),otherwise leave
blank. B(c)
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC.
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C. Anticipated Annual Income: Includes Unearned Income and Support Paid on
Behalf of Minors
Member Wages/ Benefits/ Public Other Asset
Salaries Pensions Assistance Income Income
(include tips,
commissions, (Enter the
bonuses,and greater of
overtime) box B(b)or
1 box B(c),
2 above, in
3 box C(e)
below)
4
5
6
7
8
Totals (a) (b) (c) (d) (e)
0.00 0.00 0.00 0.00
Enter total of items C(a)through C(e). 0.00
This amount is the Annual Anticipated Household Income.
D. Recipient Statement: The information on this form is to be used to determine maximum
income for eligibility. I/we have provided, for each person set forth in Item A, acceptable
verification of current and anticipated annual income. 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 Section 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
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC.
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E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s)
named in Item A of this Income Certification is/are eligible under the provisions of the
CDBG Program. The family or individual(s)constitute(s)a:
❑ Extremely Low Income (ELI) Household means and individual or family whose annual income
does not exceed 30/50th of the Very Low Income(60 percent of VLI)percent of the area median
income as determined by the U.S. Department of Housing and Urban Development with
adjustments for household size. (Maximum Income Limit$ ).
❑ Very Low Income (VLI) Household means and individual or family whose annual income does
not exceed 50 percent of the area median income as determined by the U.S.Department of Housing
and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
❑ Low Income (LI) Household means and individual or family whose annual income does not
exceed 80 percent of the area median income as determined by the U.S. Department of Housing
and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
Based on the (year) income limits for the Naples-Marco Island Metropolitan
Statistical Area(MSA)of Collier County,Florida.
Signature of the CDBG Administrator or His/Her Designated Representative:
Signature Date
Printed Name Title
F. Household Data
Number of Persons
By Race/Ethnicity By Age
American Native Other
Indian Asian Black Hawaiian or White 0—25 26—40 41—61 62+
Other Pac.
Islander
Hispanic
Non-
Hispanic
NOTE: Information concerning the race or ethnicity of the occupants is being gathered for statistical
use only. No beneficiary is required to give such information, and refusal to give such information
will not affect any right he or she has to the CDBG program.
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC.
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EXHIBIT E
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.332 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 the organization's compliance. In determining Federal
awards expended in a fiscal year, the subrecipient 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 Sunrise Community of Southwest Florida, Inc.
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
U met, and a Single Audit as required by 2 CFR Part 200 Subpart F has been completed or will be
completed by . Copies of the audit report and management letter are attached
or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑ ❑ Are a for-profit organization
❑ Are exempt for other reasons—explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
_ included separate from the written response provided within the audit report. While we
_ understand that the audit report contains a written response to the finding(s), we are requesting
an updated status of the corrective action(s) being taken. Please do not provide just a copy of
the written response from your audit report, unless it includes details of the actions, procedures,
policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
06/18
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC.
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I 6 0 7
MEMORANDUM
Date: October 5, 2021
To: Catherine Sherman, Grants Coordinator
Community & Human Services
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: Agreement between Collier County
Sunrise Community of Southwest Florida, Inc. — CDBG
Grant Program — Public Services
Enclosed please find two (2) original of each document referenced above
(Agenda Item #16D7), approved by the Board of County Commissioners on
Tuesday, June 22, 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 252-7240.
Thank you.
Enclosures
1 6 D7
FAIN # B-21-UC-12-0016
Federal Award Date October 1,2021
Federal Award Agency HUD
CFDA Name Community
Development Block
Grant
CFDA/CSFA# 14.218
Total Amount of Federal $98,000.00
Funds Awarded
Subrecipient Name Sunrise Community of
Southwest Florida, Inc.
DUNS# 1 17359324
FEIN 59-1796622
R&D NA
Indirect Cost Rate NA
Period of Performance 10/1/2021-9/30/2022
Fiscal Year End 6/30
Monitor End: 12/2022
AGREEMENT BETWEEN COLLIER COUNTY
AND
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC.
CDBG Grant Program—Public Services
THIS AGREEMENT is made and entered into this7a'=day of 2021, by and between Collier
County, a political subdivision of the State of Florida,(COUNTY) having its principal address at 3339 E
Tamiami Trail,Naples FL 34112,and Sunrise Community of Southwest Florida, Inc. (SUBRECIPIENT),
a private non-profit organization having its principal office at 9040 Sunset Drive,Miami,FL 33173.
WHEREAS, the COUNTY has entered into an Agreement with the United States Department of
Housing and Urban Development(HUD)for a grant for the execution and implementation of a Community
Development Block Grant(CDBG) Program in certain areas of Collier County, pursuant to Title I of the
Housing and Community Development Act of 1974(as amended);and
WHEREAS,the Board of County Commissioners of Collier County(Board)approved the Collier
County Consolidated Plan — One-year Action Plan for Federal Fiscal Year 2021-2022 for the CDBG
Program with Resolution 2021-131 on June 22,2021 —Agenda Item16.Q7; and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans,the COUNTY advertised the 2021-2022 Annual
Action Plan, on May I, 2021,with a 30-day Citizen Comment period from May 1, 2021 to June 1, 2021;
and
WHEREAS,the SUBRECIPIENT has submitted a proposal for participation in the Collier County
CDBG program;and
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WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in undertaking the CDBG project—(PS21-02)Free To Be Me—Transportation Service.
NOW,THEREFORE,in consideration of the mutual benefits contained herein,it is agreed by the
Parties as follows:
PART I
SCOPE OF WORK
The SUBRECIPIENT shall,in a satisfactory and proper manner and consistent with any standards required
as a condition of providing CDBG assistance as provided herein and, as determined by Collier County
Community and Human Services(CHS)Division, perform the tasks necessary to conduct the program as
follows:
Project Name: Free To Be Me—Transportation Service
Description of project and outcome: CHS, as an administrator of the CDBG program, will make
available CDBG FY 2021-2022 funds up to the gross amount of$98,000.00 to Sunrise Community
of Southwest Florida, Inc. to be used to support salaries for staff and drivers to transport persons
with disabilities.
Project Component One:Activities will include but are not limited to:staff managed transportation
and activity supervision for adult persons with disabilities allowing them to access vital life skills,
which may include community inclusion events, employment training, day training, medical
appointments,wellness activities,prescription pickup,shopping,and other vital activities for daily
living.
Beneficiaries may be transported to various sites to enhance their life learning and social skills.
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty(60)calendar days of the execution of this Agreement,the SUBRECIPIENT
must deliver, to CHS for approval, a detailed project schedule for the completion of the
project excluding Public Service projects.
B. The following resolutions and policies must be submitted within sixty (60) days of this
Agreement:
• Affirmative Fair Housing Policy
• Affirmative Action/Equal Opportunity Policy
• Conflict of Interest Policy
❑ Procurement Policy
❑ Uniform Relocation Act Policy
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• Sexual Harassment Policy
• Section 3 Policy
• Section 504/ADA Policy
• Fraud,Waste,and Abuse Policy
• Language Assistance and Planning Policy(LAP)
• Violence Against Women Act(VAWA)Policy
▪ LGBTQ Policy
C. Environmental Review Requirement (ERR) - No program costs can be incurred until an
environmental review of the proposed project is completed and approved. Further, the
•
SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance
of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the
denial of any reimbursement of funds under this Agreement.
D. Annual Subrecipient Training—
All SUBRECIPIENT staff assigned to the administration and implementation of the
Project established by this Agreement shall attend the CHS-sponsored Annual
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,in writing,at least 14 days,prior to
the training.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Description Federal Amount
Project Component 1: CDBG funds are to support salaries for staff and drivers to $98,000.00
transport persons with disabilities.
Activities will include but are not limited to:staff managed transportation and activity
supervision for adult persons with disabilities allowing them to access vital life skills,
which may include community inclusion events, employment training, day training,
medical appointments, wellness activities, prescription pickup, shopping, and other
vital activities for daily living.
Beneficiaries may be transported to various sites to enhance their life learning and
social skills.
Total Federal Funds: $98,000.00
The SUBRECIPIENT will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
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• Maintain beneficiary income certification documentation,and provide to the COUNTY as
requested
• Maintain and provide National Objective Documentation
• Provide Quarterly Reports on National Objective and project progress
• Ensure attendance by a representative from executive management at scheduled
partnership meetings,as requested by CHS
❑ Ensure attendance by SUBRECIPIENT and General Contractor at Pre-Construction
meetings,prior to SUBBRECIPIENT issuance of Notice to Proceed(NTP)
❑ Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation
❑ Identify Lead Project Manager
❑ Provide Site Design and Specifications
❑ Comply with Davis-Bacon Labor Standards
▪ Comply with Section 3 and maintain documentation
❑ Provide certified payroll weekly throughout construction and rehabilitation
❑ Comply with Uniform Relocation Act(URA),if necessary
❑ Ensure applicable numbers of units are Section 504/ADA accessible
❑ Ensure the applicable continued use period for the project is met
B. National Objective
The CDBG program funds awarded to Collier County must benefit low-moderate income persons
(LMI). As such, the SUBRECIPIENT shall ensure that all activities and beneficiaries meet the
definition of:
❑ LMA—Low/Mod Area Benefit
• LMC—Low/Mod Clientele Benefit
❑ LMH—Low/Mod Housing Benefit
❑ LMJ—Low/Mod Job Benefit
LMA: Must document where at least 51 percent of the residents are LMI persons, based
on HUD determined eligible census tracts. Failure to achieve the national objective under this
Agreement will require repayment of the CDBG investment under this Agreement.
LMC: Must document that at least 51 percent of persons served, are low- to moderate-
income persons or households,in order to meet a CDBG National Objective.Failure to achieve the
national objective under this Agreement will require repayment of the CDBG investment under this
Agreement.
LMH: Must document providing or improving permanent residential structures, which
upon completion will be occupied by LMI households. Structures with three or more units must
contain at least 51 percent occupied by LMI households, and structures with less than three units
must be occupied by 100 percent LMI households. Failure to achieve the national objective under
this Agreement will require repayment of the CDBG investment under this Agreement.
LMJ: Must document job creation and retention. The LMI benefit national objective
addresses activities designed to create or retain permanent jobs, at least 51 percent of which
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(computed on a full-time equivalent basis) will be made available to or held by LMI persons.
Failure to achieve the national objective under this Agreement will require repayment of the CDBG
investment under this Agreement.
C. Performance Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Special Grant Condition Policies Policies as stated in this Within sixty(60)days of
(Section 1.1) Agreement Agreement execution
Insurance Insurance Certificate Within 30 days of Agreement
execution and Annually within
thirty(30)days of renewal
Detailed Project Schedule Project Schedule Not applicable
Project Plans and Specifications Site Plans and Specifications Not applicable
Subcontractor Log Subcontractor Log Not applicable
Progress Report Exhibit C Quarterly;within 10 days
following the end of the quarter.
Annually after closeout.
Section 3 Report Quarterly report of new hire Quarterly;within 10 days
information following the end of the quarter.
Annually after closeout.
Davis-Bacon Act Certified Weekly Certified Payroll Not applicable
Payroll reports,forms, and supporting
documentation
Annual Audit Monitoring Exhibit E Annually:nine(9)months after
Report FY end for Single Audit OR one
hundred eighty(180)days after
FY end
Financial and Compliance Audit Audit,Management Letter,and Annually:nine(9)months after
Supporting Documentation FY end for Single Audit OR one
hundred eighty(180)days after
FY end
Continued Use Certification Continued Use Affidavit,if Not applicable
applicable
Capital Needs Assessment Plan Plan approved by the COUNTY Not applicable
Program Income Reuse Plan Plan Approved by the COUNTY Not applicable
D. Payment Deliverables
Payment Deliverable Payment Supporting Documentation Submission Schedule
Project Component 1: CDBG Submission of supporting documents Submission of
funds are to support salaries for must be provided as backup,as evidenced monthly invoices,
staff and drivers to transport by invoice,timecards,payroll within 30 days of the
persons with disabilities. registers/summary,driver logs,canceled prior month.
checks or banking documents,Exhibit B,
Activities will include but are not and any other additional documentation
limited to: staff managed as requested.
transportation and activity
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supervision for adult persons with
disabilities allowing them to
access vital life skills, which may
include community inclusion
events, employment training, day
training, medical appointments,
wellness activities, prescription
pickup, shopping, and other vital
activities for daily living. 10%retainage released upon final
monitoring clearance and meeting the
Beneficiaries may be transported National Objective.
to various sites to enhance their
life learning and social skills.
Final 10 percent of award amount will be paid upon completion of final monitoring clearance and
documentation of meeting the National Objective.Failure by the SUBRECIPIENT to achieve the National
Objective will require repayment of the CDBG investment under this Agreement.
1.3 PERIOD OF PERFORMANCE
SUBRECIPIENT services shall begin on October 1,2021 and shall end on September 30,2022.
The County Manager or designee may extend the term of this Agreement for a period of up to 180
days after the end of the Agreement.Extensions must be authorized,in writing,by formal letter to
the SUBRECIPIENT.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available NINETY-EIGHT THOUSAND DOLLARS AND ZERO
CENTS ($98,000.00) for use by the SUBRECIPIENT, during the term of the Agreement
(hereinafter,shall be referred to as the"Funds").
Modification to the"Budget and Scope"may only be made if approved in advance.Budgeted fund
shifts among line items shall not be more than 10 percent of the total funding amount and shall not
signify a change in scope.Fund shifts that exceed 10 percent of the Agreement amount shall only
be made with Board of County Commissioners(Board)approval.
The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible
costs;and all disbursement requests must be limited to the amount needed at the time of the request.
SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred
during the term of this Agreement. Invoices for work performed are required every month. If no
work has been performed during that month,or if SUBRECIPIENT is not yet prepared to send the
required backup,a$0 invoice is required.Explanations may be required if two consecutive months
of$0 invoices are submitted.Payments shall be made to the SUBRECIPIENT,when requested,as
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work progresses but not more frequently than once per month. Reimbursement will not occur if
SUBRECIPIENT fails to perform the minimum level of service required by this Agreement.
Final invoices are due no later than 90 days after the end of the Agreement.Work performed during
the term of the program but not invoiced within 90 days after the end of the Agreement may not be
processed without written authorization from the Grant Coordinator.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requirements, including timely submission of Performance
Deliverables contained in Section 1.2.C. Late submission of deliverables may cause payment
suspension of any open pay requests until the required deliverables are received by CHS. Except
where disputed for noncompliance, payment will be made upon receipt of a properly completed
invoice, and in compliance with §218.70, Florida Statutes, otherwise known as the "Local
Government Prompt Payment Act."
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 the 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 may only incur direct costs that may be attributed
specifically to the project(s)referenced above,as defined in 2 CFR 200.413.The SUBRECIPIENT
must provide adequate documentation for validating costs incurred. Payments to
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
Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles.A Developer is
not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart E and may
impose requirements upon the Developer, to remain compliant with COUNTY's obligation to
follow 2 CFR Subpart E.The Developer will use adequate internal controls and maintain necessary
source documentation for all costs incurred and adhere to any other accounting requirements
included in this Agreement.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier,personal delivery, or sent by facsimile or other electronic means. Any notice
delivered or sent as aforesaid shall be effective on the date of delivery or sending.All notices and
other written communications under this Agreement shall be addressed to the individuals in the
capacities indicated below,unless otherwise modified by subsequent written notice.
COLLIER COUNTY ATTENTION: Catherine Sherman,Grant Coordinator
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Collier County Government
Community and Human Services Division
3339 E Tamiami Trail, Suite 211
Naples,Florida 34112
Email: Catherine.Sherman@colliercountyfl.gov
Telephone: (239)252-1425
SUBRECIPIENT A F1'bNTION:Kirk Zaremba,Director of Grants and Development
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC.
9040 Sunset Drive
Miami,Florida 33173
ATTENTION: Cassandra Beaver,Director of Operations
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC.
4227 Exchange Avenue
Naples,Florida 34104
Email:KZaremba@sunrisegroup.org
CassandraBeaver@sunrisegroup.org
Telephone: (305)273-3055
(239)643-5338
Remainder of Page Intentionally Left Blank
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PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
At any time during normal business hours and as often as the COUNTY(and/or its representatives)
may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit all
records,documentation, and any other data relating to all matters covered by the Agreement.
SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its
receipt of the report. SUBRECIPIENT's failure to comply with the above audit requirements will
constitute a violation of this Agreement and may result in the withholding of future payments.
SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with
current COUNTY policy concerning Subrecipient audits 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
The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to
determine compliance with the requirements of this Agreement,the CDBG Program,and all other
applicable laws and regulations. This documentation shall include but is not limited to, the
following:
A. All records required by CDBG regulations.
B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily
would be required by the COUNTY in order to perform the service.
C. 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
procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this
Agreement. Materials identified in the previous sentence shall be in accordance with
generally accepted accounting principles (GAAP), procedures, and practices, which
sufficiently and properly reflect all revenues and expenditures of funds provided directly
or indirectly by this Agreement, 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.
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D. Upon completion of all work contemplated under this Agreement,copies of all documents
and records relating to this Agreement shall be surrendered to CHS, if requested. In any
event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a
readily accessible, permanent, and secured location for three (3) years after the date of
submission of 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, or audit
findings involving these records are resolved. If a SUBRECIPIENT ceases to exist after
the closeout of this Agreement,the COUNTY shall be informed,in writing,of the address
where the records are to be kept,as outlined in 2 CFR 200.337.The SUBRECIPIENT shall
meet all requirements for retaining public records and transfer,at no cost to COUNTY,all
public records in possession of the SUBRECIPIENT upon termination of the Agreement
and destroy any duplicate exempt or confidential public records that are exempt from
public records disclosure requirements.All records stored electronically must be provided
to the COUNTY in a format that is compatible with the COUNTY'S information
technology systems.
IF SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832,
Michael.Cox(a,colliercountvfl.gov, 3299 Tamiami Trail E, Naples
FL 34112.
E. SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Act of
1931, including files containing contractor payrolls, employee interviews, Davis-Bacon
wage rates,and administrative cross-referencing. SUBRECIPIENT shall maintain records
showing contractor compliance with the Contract Work Hours and Work Safety Law.
Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal
purchasing requirements and other federal requirements for grant implementation.
F. SUBRECIPIENT will be responsible for the creation and maintenance of income eligible
files on clients served, and documentation that all households are eligible under HUD
Income Guidelines. SUBRECIPIENT agrees that CHS shall be the final arbiter on the
SUBRECIPIENT's compliance.
G. SUBRECIPIENT shall document how compliance with the National Objective(s), as
defined in 24 CFR 570.208, and the eligibility requirement(s) under which funding has
been received were accomlished.This includes special requirements,such as necessary and
appropriate determinations as defined in 24 CFR 570.208,income certification,and written
agreements with beneficiaries,where applicable.
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H. SUBRECIPIENT shall provide the public with access to public records on the same terms
and conditions that the COUNTY would provide the records, and at a cost that does not
exceed the cost provided in Chapter 119,Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that 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 D)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 eighty (180) days for
Subrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The
COUNTY will conduct an annual financial and programmatic review.
SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop
review of the activities may be conducted in lieu of an on-site visit. The continuation of this
Agreement is dependent upon satisfactory evaluations. Upon request by CHS, the
SUBRECIPIENT shall submit information and status reports required by CHS or HUD,to enable
CHS to evaluate said progress and allow for completion of required reports.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 SUBRECIPIENT'S performance in an attempt to mitigate fraud,waste,
abuse, or non-performance, based on goals and performance standards as stated with all other
applicable laws, regulations, and policies governing the funds provided under this Agreement,
further defined by 2 CFR 200.332.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 necessary
to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this
Agreement, and to provide for the proper and effective management of all Program and Fiscal
activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and
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other significant events shall be clearly documented, and the documentation shall be readily
available for monitoring by COUNTY.
SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees,
and agents for the purpose of monitoring or investigating the performance of the Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate,and prevent
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 to any
appropriate law enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this Agreement.Penalties may be imposed for failure to implement or to make
acceptable progress on such corrective action plans.
To effectively enforce COUNTY Resolution No.2013-228,CHS has adopted an escalation policy
to ensure continued compliance by Subrecipients,Developers, or any entity receiving grant funds
from CHS.The escalation policy for noncompliance is as follows:
1. Initial noncompliance may result in COUNTY issuing Findings or Concerns to the
SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action
plan to CHS within 15 days following issuance of the report.
• Any pay requests that have been submitted to CHS for payment will be held
until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to
SUBRECIPIENT,as needed, in order to correct the noncompliance issue.
2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely
manner, the COUNTY may require a portion of the awarded grant funds be
returned to the COUNTY.
• CHS may require upwards of 5 percent of the award amount be returned to the
COUNTY,at the discretion of the Board.
• The SUBRECIPIENT may be denied future consideration, as set forth in
Resolution No.2013-228.
3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously
corrected, and has been informed by CHS of their substantial noncompliance by
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certified mail, CHS may require a portion of the awarded grant amount or the
amount of the CDBG investment for acquisition of the properties conveyed,to be
returned to the COUNTY.
• CHS may require upwards of 10 percent of the award amount to be returned
to the COUNTY,at the discretion of the Board.
• The SUBRECIPIENT will be considered in violation of Resolution No. 2013-
228.
4. If after repeated notification, SUBRECIPIENT continues to be substantially
noncompliant,CHS may recommend the Agreement or award be terminated.
• CHS will make a recommendation to the Board to immediately terminate the
Agreement. SUBRECIPIENT will be required to repay all funds disbursed by
CHS for the terminated project. This includes the amount invested by the
COUNTY for the initial acquisition of properties or other activities.
• SUBRECIPIENT will be considered in violation of Resolution No. 2013-228.
If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be
noncompliant, the above sanctions may be imposed across all awards at the Board's
discretion.
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this Agreement,and on the resolution of monitoring findings identified pursuant to this
Agreement, as deemed necessary by the County Manager or designee.
During the term of this Agreement,SUBRECIPIENT shall submit quarterly progress reports to the
COUNTY on the 10th day of January, April,July, and October,respectively,for the prior quarter
period end. As part of the report submitted in October, the SUBRECIPIENT agrees to include a
comprehensive final report covering the agreed-upon Program objectives, activities, and
expenditures including but not limited to,performance data on client feedback with respect to the
goals and objectives set forth in Exhibit C,which contains an example reporting form to be used in
fulfillment of this requirement. Other reporting requirements may be required by the County
Manager or designee if the Program changes,the need for additional information or documentation
arises, and/or legislative amendments are enacted. Reports and/or requested documentation not
received by the due date shall be considered delinquent and may be cause for default and
termination of this Agreement.
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY,which consent,if given at all,shall be at the COUNTY's sole discretion and judgment.
3.2 GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants), including subpart K of these regulations,except that(1)
SUBRECIPIENT does not assume the COUNTY's environmental responsibilities described in 24
CFR 570.604; (2) SUBRECIPIENT does not assume the COUNTY's responsibility for initiating
the review process under the provisions of 24 CFR Part 52; (3) SUBRECIPIENT is required to
follow the federal procurement process; and (4) for Developers, revenue generated is not
considered program income.The CDBG program was funded through the Housing and Community
Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable
laws, regulations, and policies governing the funds provided under this Agreement. The
SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement
rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating
or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT
shall always remain an"independent contractor"with respect to the services to be performed under
this Agreement. The COUNTY shall be exempt from payment of all Unemployment
Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation
Insurance,as the SUBRECIPIENT is independent from the COUNTY.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a
duly authorized representative of each organization,and approved by the 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 for other reasons. If such
amendments result in a change in the funding,the scope of services, or schedule of the activities to
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be undertaken as part of this Agreement, such modifications will be incorporated only by written
amendment,signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from HUD CDBG grant funds and must be
implemented in full compliance with all of HUD's rules and regulations and any agreement
between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event
of curtailment or non-production of said federal funds,or the reduction of funds awarded by HUD
to the COUNTY, to a level determined by the County Manager to be insufficient to adequately
administer the project, the financial resources necessary to continue to pay the SUBRECIPIENT
all or any portion of the funds will not be available. In either event, the COUNTY may terminate
this Agreement,which shall be effective as of the date that it is determined by the County Manager
or designee, in his/her sole discretion and judgment,that the funds are no longer available. In the
event of such termination,the SUBRECIPIENT agrees that it will not look to,nor seek to hold the
COUNTY, nor any individual member of the County Commissioners and/or County
Administration, personally liable for the performance of this Agreement, and the COUNTY shall
be released from any further liability to SUBRECIPIENT under the terms of this Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law,the SUBRECIPIENT shall indemnify and hold
harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act or omission, including
but not limited to reasonable attorneys'and paralegals'fees,to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents,
officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any
persons acting under the direction, control, or supervision of the SUBRECIPIENT in the
performance of this Agreement. This indemnification obligation shall not be construed to negate,
abridge,or reduce any other rights or remedies,which otherwise may be available to an indemnified
party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses
of any nature whatsoever in connection therewith and shall defend all suits in the name of the
COUNTY and shall pay all costs(including attorney's fees)and judgments which may issue there-
on. This Indemnification shall survive the termination and/or expiration of this Agreement. This
section does not pertain to any incident arising from the sole negligence of COUNTY. The
foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits
set forth in Section 768.28,Florida Statutes.This section shall survive the expiration of termination
of this Agreement.
3.7 GRANTEE RECOGNITION/SPONSORSHIPS
SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements,
descriptions of program sponsorships,research reports,and similar public notices,whether printed
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or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the
Program shall include the statement:
"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY
COMMUNITY AND HUMAN SERVICES DIVISION"
and shall appear in the same size letters or type as the name of SUBRECIPIENT. This design
concept is intended to disseminate key information to the general public regarding the development
team, as well as Equal Housing Opportunity. Construction signs shall comply with applicable
COUNTY codes.
3.8 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 for such
termination,the effective date,and in the case of partial terminations,the portion to be terminated.
However,in the case of a partial termination,if the COUNTY determines that the remaining portion
of the award will not accomplish the purpose for which the award was made, the COUNTY may
terminate the award in its entirety.This Agreement may also be terminated by the COUNTY,if the
award no longer effectuates the program goals or grantor agency priorities.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement, in compliance with 2 CFR 200,Appendix II(A):
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 the SUBRECIPIENT relating to the project.
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In the event of any default by SUBRECIPIENT under this Agreement,the COUNTY may seek any
combination of one or more of the following remedies, in compliance with 2 CFR 200, Appendix
II(B):
A. Require specific performance of the Agreement,in whole or in part.
B. Require the use of,or change in,professional property management.
C. Require SUBRECIPIENT to immediately repay to the COUNTY all CDBG funds received
under this Agreement.
D. Apply sanctions,if COUNTY determines them 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.
3.9 SUSPENSION AND DEBARMENT
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 an Federal Department or agency; and, that the SUBRECIPIENT 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.
3.10 REVERSION OF ASSETS
In the event of a termination of this Agreement and in addition to any and all other remedies
available to the COUNTY (whether under this Agreement, or at law, or in equity), the
SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of
termination(or expiration)and any accounts receivable attributable to the use of CDBG funds,per
24 CFR 570.503(b)(7).
The COUNTY's receipt of any funds on hand at the time of termination shall not waive the
COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the
funds or property, as the COUNTY may deem necessary. Regulations regarding real property are
subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7).
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3.11 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until
all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said
insurance shall be carried continuously during SUBRECIPIENT's performance under the
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, Cost Principles and Audit
Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the
Community Development Block Grant(24 CFR 570 et seq.).
3.13 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through
200.327)and Collier County's Procurement Ordinance#2017-08,as amended.Current purchasing
thresholds are:
Range: Competition Required
$0-$50,000 3 Written Quotes
$50,001+ Formal Solicitation(ITB,RFP, etc.)
In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall
provide a preference for the purchase,acquisition,or use of goods,products,or materials produced
in the United States.
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 200.323.
All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT
employees, or put out to competitive bidding, under a procedure acceptable to COUNTY and
Federal requirements. The SUBRECIPIENT shall enter into contracts for improvements with the
lowest, responsible, and qualified bidder. In accordance with 2 CFR 200.323, 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 200.323.Contract administration shall be conducted by the SUBRECIPIENT and monitored
by CHS,which shall have access to all records and documents related to the Project.
3.14 PROGRAM GENERATED INCOME
No Program Income is anticipated.However,if Program Income is derived from the use of CDBG
funds disbursed under this Agreement, such Program Income shall be utilized by the
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SUBRECIPIENT for CDBG-eligible activities approved by COUNTY. Any Program Income(as
such term is defined under applicable Federal regulations) gained from any activity of the
SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual
Program Income Re-use Plan, utilized by the SUBRECIPIENT accordingly, and shall be in
compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When
Program Income is generated by an activity that is only partially assisted by CDBG funds,
the income shall be prorated to reflect the percentage of CDBG funds used. If there is a
Program Income balance at the end of the Program Year, such balance shall revert to the
COUNTY's Community Block Grant Program,for further reallocation.
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 expiration
of the Agreement.Activities during this closeout period shall include,but are not limited to making
final payments; disposing of program assets (including the return of all unused materials,
equipment,program income balances,and receivable accounts to the COUNTY);and determining
the custodianship of records. In addition to the records retention outlined in Part 2.2, the
SUBRECIPIENT shall comply with Section 119.021, Florida Statutes, regarding records
maintenance,preservation,and retention.A conflict between state and federal 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 exceeding the amount SUBRECIPIENT is entitled to
under the terms and conditions of this Agreement must be refunded to the COUNTY.
SUBRECIPIENT shall also produce records and information complying with Section 215.97,
Florida Single Audit Act.Closeout procedures must take place in accordance with 2 CFR 200.344.
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, to the greatest extent feasible, eligible
business concerns located in or owned in substantial part by persons residing in the project areas
shall be awarded contracts in connection with the project.The SUBRECIPIENT shall comply with
Section 3 of the Housing and Community Development Act of 1968.
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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 that is 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 women's business enterprises,
in lieu of an independent investigation.
3.18 PROGRAM BENEFICIARIES
If the Agreement is meeting a National Objective through an LMI strategy, at least 51 percent of
the beneficiaries of a project funded through this Agreement must be low- and moderate- income
persons, or presumed to be low- to moderate- income persons based on applicable regulation.
Determination of income eligibility is based on the annual income of the family or household.This
Agreement conforms to the definition of Annual Income, per 24 CFR 570.3(1)(i), where Annual
income is defined under the Section 8 Housing Assistance Payments. Details for calculating the
Annual Income are contained in 24 CFR 5.609, with practical instructions contained in HUD
Handbook 4350.3, Chapter 5.
If the project is located in an entitlement city as defined by HUD, or serves beneficiaries
countywide,more than 30 percent of the beneficiaries directly assisted under this Agreement must
reside in unincorporated Collier County or in municipalities participating in the COUNTY's Urban
County Qualification Program. The project shall assist beneficiaries as defined above for the time
period designated in Exhibit C of this Agreement.
3.19 AFFIRMATIVE ACTION
The SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program
pursuant to the COUNTY's specifications,in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966. The SUBRECIPIENT shall submit a plan for an
Affirmative Action Program for approval prior to the award of funds. The Affirmative Action
Program will need to be updated throughout the continued use period and must be submitted to the
COUNTY within 60 days of any update/modification.
3.20 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,
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direct or indirect, in the Project areas or any parcels therein,which would conflict in any manner
or degree with the performance of this Agreement,and that no person having any conflict of interest
shall be employed by or subcontracted by SUBRECIPIENT.The SUBRECIPIENT covenants that
it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest," 2 CFR 200.318, and
the State and County statutes,regulations,ordinances,or resolutions governing conflicts of interest.
The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person,or an entity
owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified, and the costs are reasonable.Approval
of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not
intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees.
Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its
contractors shall be disclosed to CHS in writing, provided however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low- and moderate-
income residents of the project target area.
3.21 BYRD ANTI-LOBBYING AMENDMENT
Each tier certifies that the tier above it will not, and has not, used Federally appropriated funds to
pay any person or organization for influencing or attempting to influence the award of Federal
funds, as covered by 31 USC 1352, as more fully described in Section 4.47 of this Agreement.
Contractors who apply or bid for an award of$100,000 or more shall file the required certification.
3.22 RELIGIOUS ORGANIZATIONS
CDBG funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment based on
religion,and will not limit employment or give preference in employment to persons based
on religion.
B. It will not discriminate against any person applying for public services based on religion,
and will not limit such services or give preference to persons based on religion.
C. It will retain its independence from Federal, State, and Local governments and may
continue to carry out its mission, including the definition, practice, and expression of its
religious beliefs, provided it does not use direct CDBG funds to support any inherently
religious activities,such as worship,religious instruction,or proselytizing.
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D. The funds shall not be used for the acquisition,construction, or rehabilitation of structures
to the extent that those structures are used for inherently religious activities. Where a
structure is used for both eligible and inherently religious activities,CDBG funds may not
exceed the cost of those portions of the acquisition, construction,or rehabilitation that are
attributable to eligible activities, in accordance with the cost accounting requirements
applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG
funded religious congregation uses as its principal place of worship,however,are ineligible
for CDBG funded improvements.
3.23 INCIDENT REPORTING
If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any
subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse,neglect,
or exploitation of a child,aged person,or disabled person.
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.
3.25 MISCELLANEOUS
The SUBRECIPIENT and the COUNTY each binds itself, its partners, successors, legal
representatives,and assigns of such other party in respect to all covenants of this Agreement.
The SUBRECIPIENT represents and warrants that the financial data,reports,and other information
on the Project it furnished to the COUNTY are accurate and complete, and financial disclosures
fairly represent the financial position of the SUBRECIPIENT.
The SUBRECIPIENT certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this
Agreement. The SUBRECIPIENT also certifies that the undersigned person has the authority to
legally execute and bind the SUBRECIPIENT to the terms of this Agrement.
The Grant Documents shall be construed in accordance with and governed by the laws of the State
of Florida,without giving effect to its provisions regarding choice of laws.
All activities authorized by this Agreement shall be subject to and performed in accordance with
the provisions of the terms and conditions of the Agreement between the COUNTY, the
Regulations, all applicable federal, state, and municipal laws, ordinances, regulations, orders, and
guidelines,including but not limited to any applicable regulations issued by the DIVISION.
Electronic Signatures. This Agreement,and related documents entered into in connection with this
Agreement are signed when a party's signature is delivered by facsimile, e-mail, or any other
electronic medium. These signatures must be treated in all respects as having the same force and
effect as original signatures.
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title24/24cfr570 main 02.tpl
4.2 24 CFR 58-The regulations prescribing the Environmental Review procedure.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=1 acdb92f3b05c3f285dd76c26d 14f54e&mc=true&node=pt24.1.5 8&rgn=div5
4.3 Section 104(b)and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended
https://www.hud.gov/program offices/commjlanning/communitydevelopment/rulesandregs/law
s/sec5309
4.4 The Fair Housing Act(42 U.S.C. 3601-20)Reasonable Accommodations Under the Fair Housing
Act. https://www.hud.gov/sites/documents/DOC 7771.PDF
https://www.justice.gov/crt/fair-housing-act-1
Executive Order 11063—Equal Opportunity in Housing https://www.archives.gov/federal-
register/codification/executive-order/11063.html
Executive Order 11259-Leadership&Coordination of Fair Housing in Federal Programs
https://www.archives.gov/federal-register/codification/executive-order/12259.html
24 CFR Part 107-Non-Discrimination and Equal Opportunity in Housing under E.O.
https://www.law.cornell.edu/cfr/text/24/part-107
4.5 Title VI of the Civil Rights Act of 1964 as amended,Title VIII of the Civil Rights Act of 1968, as
amended https://www.hud.gov/programdescription/title6
4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
https://www.gpo.gov/fdsys/pkg/CFR-2007-titl e24-vo 13/pdf/CFR-2007-titl e24-vo l3-sec570-
602.pdf
4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086 -which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations. EO 11246:
https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended
EO 11375 and 12086: see item#8 below
4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972,42 USC§2000e,et.seq.The SUBRECIPIENT will,in all solicitations or advertisements for
employees placed by or on behalf of the SUBRECIPIENT,state that it is an Equal Opportunity or
Affirmative Action employer.
https://www.hud.gov/programdescription/title6
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4.9 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD
Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all
applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a
condition of the Federal financial assistance provided under this Agreement and binding upon the
COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through which Federal
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
The SUBRECIPIENT further agrees to comply with these"Section 3"requirements and to include
the following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a program providing
direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires
that,to the greatest extent feasible,opportunities for training and employment be given to low-and
very low-income residents of the project area, and that contracts for work in connection with the
project be awarded to business concerns that provide economic opportunities for low- and very
low-income persons residing in the metropolitan area in which the project is located."
The SUBRECIPIENT further agrees to ensure that opportunities for training and employment
arising in connection with a housing rehabilitation (including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project are given to low-
and very low-income persons residing within the metropolitan area in which the CDBG-funded
project is located; where feasible, priority should be given to low- and very low-income persons
within the service area of the project or the neighborhood in which the project is located, and to
low- and very low- income participants in other HUD programs; and award contracts for work
undertaken in connection with a housing rehabilitation(including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project to business
concerns that provide economic opportunities for low- and very low-income persons residing
within the metropolitan area in which the CDBG-funded project is located;where feasible,priority
should be given to business concerns that provide economic opportunities to low- and very low-
income residents within the service area or the neighborhood in which the project is located,and to
low-and very low-income participants in other HUD programs.
https://www.hud.gov/sites/documents/DOC 12047.PDF
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tp1=/ecfrbrowse/Title24/24cfr135 main 02.tpl
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4.10 Age Discrimination Act of 1975,Executive Order 11063,and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107 and 12086.
Age Discrimination Act of 1975
https://www.law.cornell.edu/uscode/text/42/chapter-76
11246:https://www.dol.gov/ofccp/regs/statutes/eo11246.htm
11375: Amended by EO 11478
11478: https://www.archives.gov/federal-register/codification/executive-order/11478.html
12107: https://www.archives.gov/federal-register/codification/executive-order/12107.html
12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html
4.11 Contract Work Hours and Safety Standards Act,40 USC 327-332.
https://www.dol.gov/whd/regs/statutes/safe01.pdf
4.12 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5),24 CFR 570.614 Subpart K.
Section 504: https://www.epa.gov/ocr
29 USC 776: https://law.onecle.com/uscode/29/776.html
24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudap
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as amended.
https://www.fhwa.dot.gov/real estate/uniform act/index.cfin
4.15 29 CFR Parts 3 and 5 -Regulations that prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all
construction contracts funded by CDBG.
Davis-Bacon Act:42 USC 276a to 40 USC 276a:
https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-tit1e40-section276a-
7&num=0&editi on=1999
29 CFR Part 3 -Contractors and Subcontractors on public building or Public Work Financed, in
whole or in part,by Loans or Grants from the United States
https://www.law.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)
https://www.law.cornell.edu/cfr/text/29/part-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally
assisted projects.https://www.presidency.ucsb.edu/ws/index.php?pid=23675
4.16 As a supplement to the Davis-Bacon Act requirements,the SUBRECIPIENT agrees to comply with
the "Copeland Anti-Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or
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subcontractors from inducing an employee to relinquish any part of his/her compensation, under
the federally-funded contract.
18 U.S.C. 874 https://www.govinfo.nov/content/pkg/USCODE-2010-title 18/pdf/USCODE-2010-
title 18.pdf
40 U.S.C.276c https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-tit1e40-
section276c&num=0&edition=1999
4.17 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 -which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise.
https://www.archives.gov/federal-register/codification/executive-order/11625.html
4.18 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws,regulations,and executive orders referenced in 24 CFR 570.607,as
revised by Executive Order 13279.The applicable non-discrimination provisions in Section 109 of
the Housing and Community Development Act(HCDA)are still applicable.
24 CFR 570.607:
https://www.ecfr.gov/cgi-bin/text-
idx?SID=9eae3 f8eaa991 f0411 f3 83b74003 bcb 1&mc=true&node=pt24.3.570&rgn=di v5#se24.3.5
70 1607
E.O. 13279:http://www.fedgovcontra.cts.com/pe02-96.htm
4.19 Public Law 100-430-the Fair Housing Amendments Act of 1988.
https://www.ncbi.nlm.nih.gov/pubmed/12289709
4.20 2 CFR 200 et seq-Uniform Administrative Requirements,Cost Principles,and Audit
requirements for Grants and Agreements.
https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title02/2cfr200 main 02.tpl
4.21 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;2)extend or renew a contract to procure or obtain;3)enter into
a contract(or extend or renew a contract)to procure or obtain equipments,services,or systems that
use(s) covered telecommunications equipment or services as a substantial component of any
system,or as critical technology as part of any system.
4.22 Immigration Reform and Control Act of 1986
https://www.eeoc.govieeoc/history/35th/thelaw/irca.html
4.23 Prohibition of Gifts to COUNTY Employees -No organization or individual shall offer or give,
either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any
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COUNTY employee, as set forth in Chapter 112, Part III,Florida Statutes, Collier County Ethics
Ordinance No.2004-05,as amended,and County Administrative Procedure 5311.
Florida Statutes-
https://www.lawserver.com/law/state/florida/statutes/florida_statutes chapter 112 part iii
Collier County-
http://www.colliergov.net/home/showdocument?id=35137
4.24 Order of Precedence-In the event of any conflict between or among the terms of any of the Contract
Documents,the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except that the terms of any Supplemental Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
4.25 Venue-Any suit of action brought by either party to this Agreement against the other party,relating
to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in
Collier County,FL which courts have sole jurisdiction on all such matters. (No reference required
for this item).
4.26 Dispute Resolution-Prior to the initiation of any action or proceeding permitted by this Agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation, and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes.The litigation arising out of this Agreement shall be adjudicated in Collier County,Florida,
if in state court; and the US District Court, Middle District of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,THIS AGREEMENT.
https://www.flsenate.gov/Laws/Statutes/2012/44.102
4.27 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE-
2010-title42/html/USCODE-2010-title42-chap85.htm
https://www.law.cornell.edu/uscode/text/42/chapter-85
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.govinfo.gov/content/pkg/USCODE-2011-title33/pdf/USCODE-2011-title33-
chap26.pdf
https://www.law.comel l.edu/uscode/text/33/chapter-26
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4.28 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 570.605 Subpart K),the SUBRECIPIENT shall assure that for activities located in an
area identified by FEMA as having special flood hazards,flood insurance under the National Flood
Insurance Program is obtained and maintained.If appropriate,a letter of map amendment(LOMA)
may be obtained from FEMA,which would satisfy this requirement and/or reduce the cost of said
flood insurance.
https://www.law.cornell.edu/cfr/text/24/570.605
4.29 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this Agreement shall be subject to the HUD Lead-Based Paint Poisoning
Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo.gov/fdsys/granule/CFR-
2000-title24-vo13/CFR-2000-title24-vo13-sec570-608-id 163
4.30 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800,Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this Agreement.
https://www.nps.gov/history/loca1-law/nhpa1966.htm
https://www.achp.gov/sites/default/files/regulations/2017-02/regs-rev04.pdf
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.
https://www.nps.gov/history/local-law/nhpa1966.htm
4.31 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with
the Drug-Free Workplace Act of 1988(41 USC 701).
https://www.gpo.gov/fdsys/granule/USCODE-2009-title41/USCO.DE-2009-title41-chap 10-
sec701
4.32 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 the SUBRECIPIENT shall not knowingly
enter into any lower tier contract, or other covered transaction, with a person who is similarly
debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609,
Subpart K.
https://www.archives.gov/federal-register/codification/executive-order/12549.htm1
4.33 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable
and agrees to adhere to the accounting principles and procedures required therein,utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred. These
requirements are enumerated in 2 CFR 200,et seq.
4.34 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be
submitted to the COUNTY nine(9)months after the end of the SUBRECIPIENT's fiscal year.The
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SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty(180)days after the end of the SUBRECIPIENT'S
fiscal year.Per 2 CFR 200.345,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=5a78addefff9a535 e83fed3010308aef&mcrtrue&node=se2.1.200_1344&rgn=div8
4.35 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101,shall be subject
to the provisions of CDBG including, but not limited to, the provisions on use and disposition of
property. Any real property within SUBRECIPIENT control, which is acquired or improved, in
whole or part, with CDBG funds in excess of$25,000, must adhere to the CDBG Regulations at
24 CFR 570.505.
https://www.gpo.gov/fdsys/granule/CFR-1999-title49-vol1/CFR-1999-title49-vol l-sec24-101
https://www.govinfo.gov/app/details/CFR-2012-title24-vo13/CFR-2012-title24-vol3-sec570-505
4.36 As provided in§287.133,Florida Statutes,by entering into this Agreement or performing any work
in furtherance hereof,the SUBRECIPIENT certifies that it,its affiliates, suppliers,subcontractors
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.
This notice is required by §287.133(3)(a),Florida Statutes.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&S earch_String=&UR
L=0200-0299/0287/Secti ons/0287.13 3.htm I
4.37 No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress,in connection with the awarding of any Federal contract,the making of any Federal grant,
the making of any Federal loan,the entering into of any cooperative agreement,and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions. The undersigned shall require that the language of
this certification be included in the award documents for all sub-awards at all tiers (including
subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
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4.38 Travel reimbursement will be based on the U.S. General Services Administration(GSA)per diem
rates in effect at the time of travel.
https://www.gsa.gov/portal/content/104877
4.39 Equal access in accordance with the individual's gender identity in community planning and
development programs,per 24 CFR 5.106.
https://www.govregs.com/regulations/expand/title24_part5 subpartA section5.106
4.40 Housing Counseling,including homeownership counseling or rental housing counseling,as defined
in §5.100,required under or provided in connection with any program administered by HUD shall
be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214
to provide housing counseling,consistent with 12 U.S.C. 1701x,per 24 CFR 5.111.
https://www.ecfr.gov/cgi-bin/text-
idx?SI D=e339ece9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6
https://www.law.comell.edu/cfr/text/24/5.111
4.41 HUD Final Rule—Implementation of the Violence Against Women Reauthorization Act of 2013
which applies for all victims of domestic violence,dating violence,sexual assault,and stalking,
regardless of sex,gender identity,or sexual orientation,and which must be applied consistent
with all nondiscrimination and fair housing requirements.
https://www.federalregister.gov/documents/2016/11/16/2016-25 888/violence-against-women-
reauthorization-act-of-2013-implementation-in-hud-housing-programs
4.42 Any rule or regulation determined to be applicable by HUD.
4.43 Florida Statute 448.095 Employment Eligibility.Per Florida Statute 448.095(3),all Florida private
employers are required to verify employment eligibility for all new hires beginning January 1,
2021. Eligibility determination is not required for continuing employees hires prior to January 1,
2021.
http://www.leg.state.fl.us/statutes/index.cfin?App mode=Display Statute&URL=0400-
0499/0448/0448.html
4.44 Florida Statutes 713.20,Part 1,Construction Liens
https://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700-
0799/0713/0713.html
4.45 Florida Statutes 119.021 Records Retention
http://www.leg.state.f.us/Statutes/index.cfin?App mode—Display Statute&URL-0100-
0199/0119/Sections/0119.021.htm l
4.46 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/0119.071.html
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4.47 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.
4.48 Equal Treatment of Faith-Based Organizations: By regulation, HUD prohibits all recipient
organizations from using financial assistance from HUD to fund explicitly religious activities.The
SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see
https://ojmov/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 HUD funds while taking
into account religion when hiring staff. Questions in this regard should be directed to the Office
for Civil Rights.
4.49 Arrest and Conviction Records:Federal and state laws restrict use of arrest and conviction records
in the employment context, except when specifically authorized. The SUBRECIPIENT agrees to
avoid the misuse of arrest or conviction records to screen applicants for employment or employees
for retention or promotion that may have a disparate impact based on race or national origin,
resulting in unlawful employment discrimination unless use is otherwise specifically authorized by
law. See https://oip.gov/about/ocr/pdfs/UseofConviction Advisory.pdf for more details.
4.50 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.
4.51 False Claim;Criminal,or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any
credible evidence that a principal,employee,agent,contractor,subgrantee,subcontractor,or other
person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery,
gratuity,or similar misconduct involving subaward agreement funds
4.52 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
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utilized in support of any partisan political activities or activities for or against the election of a
candidate for an elected office.
4.53 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD 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 HUD and to establish
workplace safety policies and conduct education,awareness,and other outreach to decrease crashes
caused by distracted drivers.
4.54 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://oip.gov/funding/Explore/ProhibitedConduct-Trafficking.htm.
4.55 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT
understands and acknowledges that it cannot use any federal funds,either directly or indirectly,in
support of any contract or subaward to either ACORN or its subsidiaries,without the express prior
written approval of OW.
4.56 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment, or performance of experimental,
developmental,or research work under this funding agreement,the SUBRECIPIENT must comply
with the requirements of 37 CFR Part 401,"Rights of Inventions Made by Nonprofit Organizations
and Small Busines Firms Under Government Grants,Contracts,and Cooperative Agreements,"and
any implementing regulations issued by HUD.
https://www.ecfr.gov/cgi-
bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de761 dc64c0&mc=true&n=pt37.1.401&r
=PART&ty=HTML
(Signature Page to Follow)
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IN WITNESS WHEREOF,the SUBRECIPIENT and COUNTY, have each respectively, by an
authorized person or agent,hereunder set their hands and seals on the date first written above.
ATTEST: BOAR UNTYCOMMI SIF,NE'i. OF
C:YSTAL K ZEL,CLERK COLL UN FLO' D
.11
Ailk - B /
G Cha'ritt n
y MO/ PENNY TA OR,CHAIRPERSON
ftest as toDate: L 2 Z I Z I
b SUNRISE COMMUNITY OF SOUTHWEST
Dated 5•96)-) FLORIDA, INC.(SEAL) faeoec_
By: ()rev,
JOHN FELLEHER,CFO—
SECRET Y/ REASURER
�j
Date: ` /1 ZM
Approved as to form and legality:
Jennifer A. Belpedio c
Assistant County Attorney
Date: Cc. ` a al \a
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC.
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PART V
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County,do Community and Human Services Division,3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440,Florida Statutes.
2. Commercial General Liability, including products and completed operations insurance, in the
amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement, in an amount not less than$1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1—3 above,a Certificate of Insurance must be provided as follows:
4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out of the
services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this Agreement. This insurance shall be maintained for a period of two(2)years
after the certificate of Occupancy is issued.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its
Subcontractors to provide, original certificates indicating the following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an"All Risk"basis, in an amount not less than one
hundred(100%)percent of the insurable value of the building(s)or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4001),
the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal
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: Sunrise Community of Southwest Florida,Inc.
SUBRECIPIENT Address: 9040 Sunset Drive,Miami,FL 33173
Project Name: Free To Be Me—Transportation Program
Project No: PS21-02_ Payment Request#
Total Payment Minus Retainage
Period of Availability: 10/01/2021_through 09/30/2022
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
Subrecipient CHS Approved
1. Grant Amount Awarded $ $
2.Total Amount of Previous Requests $ $
3.Amount of Today's Request(Net of Retainage, if $ $
applicable)
4. Current Grant Balance (Initial Grant Amount Award $ $
request)(includes Retainage)
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT.To the best of my knowledge and belief,
all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor(Approval required$15,000 and Division Director(Approval Required
above) $15,000 and above)
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EXHIBIT C
QUARTERLY PERFORMANCE REPORT DATA
The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement
and Information System(IDIS).The COUNTY reports information on a quarterly basis.To facilitate in the
preparation of such reports,SUBRECIPIENT shall submit the information contained herein within ten(10)
days of the end of each calendar quarter.At COUNTY's discretion, SUBRECIPIENT may be required to
enter the information collected on this exhibit into an online grant management system.
Subrecipient Name: Sunrise Community of Southwest Date:
Florida,Inc.
Project Title: Free To Be Me—Transportation Services IDIS#:
Program Contact: Telephone Number:
Activity Reporting Period Report Due Date
October 1st—December 31 St January 10th
January 1"—March 31" April 10th
April 1"—June 30th July 10th
July 1"—September 30th October 10th
REPORT FOR QUARTER ENDING:(check one that applies to the corresponding grant period):
12/31/21 3/31/22 6/30/22 9/30/22
Please note: The HUD Program year begins October 1,2021—September 30,2022.Each quarterly report must include
cumulative data beginning from the start of the program year October 1,2021.
1. Please list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement and indicate your
progress in meeting those goals since October 1,2021.
a. Outcome Goals: list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement
Outcome 1: A minimum of forty(40)adult persons with disabilities shall benefit from transportation services
during the performance period
Outcome 2: Ensure quality of services by providing 3 trainings per quarter,to program staff and drivers.
Outcome 3: Document that 100%of adult persons with disabilities served are presumed by HUD to be low-
income persons to meet a CDBG LMI/LMC National Objective.
b. Goal Progress: Indicate the progress to date in meeting each outcome goal.
Outcome 1:
Outcome 2:
Outcome 3:
2. Is this project still in compliance with the original project schedule: Yes ❑ No n
If No,Explain:
3. Since October 1,2021;of the persons assisted,how many...
Answer ONLY for Public Facilities&Infrastructure Activities *03 Matrix Codes
a. ...now have new access(continuing)to this service or benefit? 0
b. ...now have improved access to this service or benefit? 0
c. ...now receive a service or benefit that is no longer substandard? 0
Total 0
4. What funding sources did the SUBRECIPIENT apply for this period?
Section 108 Loan Guarantee $ CDBG $
Other Consolidated Plan Funds $ HOME $
Other Federal Funds $ ESG $
$ HOPWA $
$ Total Entitlement $
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16D7
Funds
5. What is the total number of UNDUPLICATED Persons(LMC)or Households(LMH)served this QUARTER,if
applicable? Answer question 5a or 5b;NOT both
For LMC activities: people,race/ethnicity,and income data are reported by persons.
For LMH activities: households,race/ethnicity,and income level are reported by households,regardless
the number of persons in the household.
a. Total No.Persons/Adults served(LMC) 0 Total No. persons served under 18 0
(LMC)
Quarter Total No.of Persons 0 Quarter Total No.of Persons 0
b. Total No.of Households served 0 Total No.of female head of household 0
(LMH)
6. What is the total number of UNDUPLICATED clients served since October,if applicable?
Answer question 6a or 6b,NOT both
For LMC activities:race/ethnicity and income data are reported by persons.
a. Total No.Persons/Adults served(LMC) 0 Total No.Persons served under 18 0
(LMC)
YTD Total: 0 YTD Total 0
b. Total No.Households served(LMH) 0 Total No.female head of household(LMH) 0
YTD Total 0 YTD Total 0
Complete EITHER question 7 or 8,NOT both
Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed
Benefit categories.
7. PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY
(LMC)Quarter (LMC)YTD
Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED
served this quarter who fall into each presumed benefit persons served since October 1 who fall into each
category (the total should equal the total in question#6a presumed benefit category (the total should equal the
or 6b): total in question#6a or 6b):
a Presumed Benefit Activities Only(LMC)QTR b Presumed Benefit Activities Only(LMC)YTD
0 Abused Children ELI 0 Abused Children ELI
0 Homeless ELI 0 Homeless Person ELI
Person
0 Migrant Farm LI 0 Migrant Farm Workers LI
Workers
0 Battered LI 0 Battered Spouses LI
Spouses
0 Persons LI 0 Persons w/HIV/AIDS LI
w/HIV/AIDS
0 Elderly Persons LI or MOD 0 Elderly Persons LI or
MOD
0 Illiterate Adults LI 0 Illiterate Adults LI
0 Severely LI 0 Severely Disabled Adults LI
Disabled Adults
0 Quarter Total 0 YTD Total
8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category.
Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range
Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED
served this Quarter who fall into each income category persons served since October 1 (YTD)who fall into
(the total should equal the total in question#6): each income category (the total should equal the total
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC.
PS21-02
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in question#6):
a ELI Extremely Low Income(0-30%) 0 b ELI Extremely Low 0
Income(0-30%)
LI Low Income(31-50%) 0 LI Low Income 0
MOD Moderate Income(51-80%) 0 MOD Moderate Income 0
(51-80%)
NON-L/M Above Moderate Income(>80%) 0 NON-L/M Above Moderate 0
Income(>80%)
Quarter Total 0 YTD Total 0
9. Is this project in a Low/Mod Area(LMA)? YES NO
Was project completed this quarter? YES NO If yes,complete all of this section 9.
Date project completed
Block Group Census Tract Total Beneficiaries Low/Mod Low/Mod Percentage
Beneficiaries
0 0 0 0 0
Date LMA Narrative approved by CHS?
What documentation supports project completion? (i.e.,
Certificate of Completion or Certificate of Occupancy,
etc.)
10. Racial&Ethnic Data(if applicable)
Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients
clients served this Quarter fall into each race served since October(YTD)fall into each race category.In
category.In addition to each race category,please addition to each race category please indicate how many
indicate how many persons in each race category persons in each race category consider themselves
consider themselves Hispanic. (Total Race column Hispanic. (Total Race column should equal the total in
should equal the total in question 6.) question 6.)
a. RACE ETHNICITY b. RACE ETHNICITY
/HISPANIC /HISPANIC
White 0 0 White 0 0
Black/African American 0 0 Black/African American 0 0
Asian 0 0 Asian 0 0
American0 0 American Indian/Alaska 0 0
Indian/Alaska Native
Native
Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific 0 0
Islander
Black/African American&White 0 0 Black/African American& 0 0
White
American Indian/Alaska Native& 0 0 American Indian/Alaska 0 0
Black/African American Native&Black/African
American
Other Multi-racial 0 0 Other Multi-racial 0 0
0 0 0 0
Name:
Signature:
Title:
Your typed name here represents your electronic signature
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC.
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1607
EXHIBIT D
INCOME CERTIFICATION
INSTRUCTIONS
Complete this form and retain appropriate supporting documentation proving CDBG assistance
to an eligible beneficiary. Please retain in your organization's records and have on hand for
future monitoring visits.
Effective Date:
A. Household Information
Member Names—All Household Members Relationship Age
1
2
3
4
5
6
7
8
B. Assets: All Household Members,Including Minors
Member Asset Description Cash Value Income
from Assets
1
2
3
4
5
6
7
8 0.00
Total Cash Value of Assets B(a) 0.00
Total Income from Assets B(b) 0.00
If line B(a) is greater than$5,000,multiply that amount by the rate specified
by HUD(applicable rate 0 .06%)and enter results in B(c),otherwise leave
blank. B(c)
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC.
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607
C. Anticipated Annual Income: Includes Unearned Income and Support Paid on
Behalf of Minors
Member Wages/ Benefits/ Public Other Asset
Salaries Pensions Assistance Income Income
(include tips,
commissions, (Enter the
bonuses,and greater of
overtime) box B(b)or
1 box B(c),
2 above, in
3 box C(e)
4 below)
5
6
7
8
Totals (a) (b) (c) (d) (e)
0.00 0.00 0.00 0.00
Enter total of items C(a)through C(e). 0.00
This amount is the Annual Anticipated Household Income.
D. Recipient Statement: The information on this form is to be used to determine maximum
income for eligibility. I/we have provided, for each person set forth in Item A, acceptable
verification of current and anticipated annual income. 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 Section 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
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC.
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E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s)
named in Item A of this Income Certification is/are eligible under the provisions of the
CDBG Program. The family or individual(s)constitute(s)a:
❑ Extremely Low Income (ELI) Household means and individual or family whose annual income
does not exceed 30/50th of the Very Low Income(60 percent of VLI)percent of the area median
income as determined by the U.S. Department of Housing and Urban Development with
adjustments for household size. (Maximum Income Limit$ ).
❑ Very Low Income (VLI) Household means and individual or family whose annual income does
not exceed 50 percent of the area median income as determined by the U.S.Department of Housing
and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
❑ Low Income (LI) Household means and individual or family whose annual income does not
exceed 80 percent of the area median income as determined by the U.S. Department of Housing
and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
Based on the (year) income limits for the Naples-Marco Island Metropolitan
Statistical Area(MSA)of Collier County,Florida.
Signature of the CDBG Administrator or His/Her Designated Representative:
Signature Date
Printed Name Title
F. Household Data
Number of Persons
By Race/Ethnicity By Age
American Native Other
Indian Asian Black Hawaiian or White 0—25 26—40 41 —61 62+
Other Pac.
Islander
Hispanic
Non-
Hispanic
NOTE: Information concerning the race or ethnicity of the occupants is being gathered for statistical
use only. No beneficiary is required to give such information, and refusal to give such information
will not affect any right he or she has to the CDBG program.
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC.
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16
EXHIBIT E
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.332 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 the organization's compliance. In determining Federal
awards expended in a fiscal year, the subrecipient 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 Sunrise Community of Southwest Florida, Inc.
Name
First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year(MM/DD/YY)
07/01/2021 06/30/2022
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
1 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
El understand that the audit report contains a written response to the finding(s), we are requesting
an updated status of the corrective action(s) being taken. Please do not provide just a copy of
the written response from your audit report, unless it includes details of the actions, procedures,
policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
06/18
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC.
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1 6 D 7
MEMORANDUM
Date: October 5, 2021
To: Catherine Sherman, Grants Coordinator
Community & Human Services
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: Agreement between Collier County
Collier County Housing Authority—
CDBG Grant Program — Construction /Rehabilitation
Enclosed please find two (2) original of each document referenced above
(Agenda Item #16D7), approved by the Board of County Commissioners on
Tuesday, June 22, 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 252-7240.
Thank you.
Enclosures
i6137
FAIN# B-21-UC-12-0016
Federal Award Date 10/1/2021 _
Federal Award Agency HUD _
CFDA Name Community
Development Block
Grant
CFDA/CSFA# 14.218
Total Amount of Federal $500,000.00
Funds Awarded
Subrecipient Name Collier County Housing
Authority
DUNS# 040977514
FEIN 59-1490555
R&D NA
Indirect Cost Rate NA
Period of Performance 10/1/2021 —4/30/2023
Fiscal Year End 9/30
Monitor End: 12/2028
AGREEMENT BETWEEN COLLIER COUNTY
AND
COLLIER COUNTY HOUSING AUTHORITY
CDBG Grant Program—Construction/Rehabilitation
THIS AGREEMENT is made and entered into this 7_ day of nAtDJ- 20021 by and between Collier
County, a political subdivision of the State of Florida, (COUNTY)having its principal address at 3339 E
Tamiami Trail, Naples FL 34112, and Collier County Housing Authority (SUBRECIPIENT), a a public
body corporate and politic, created and existing under and by virtue of the laws of the State of
Florida,Chapter 421 having its principal office at 1800 Farm Worker Way, Immokalee,FL 34142.
WHEREAS, the COUNTY has entered into an Agreement with the United States Department of
Housing and Urban Development(HUD)for a grant for the execution and implementation of a Community
Development Block Grant (CDBG) Program in certain areas of Collier County, pursuant to Title I of the
Housing and Community Development Act of 1974(as amended); and
WHEREAS,the Board of County Commissioners of Collier County(Board)approved the Collier
County Consolidated Plan — One-year Action Plan for Federal Fiscal Year 2021-2022 for the CDBG
Program with Resolution 2021-1 N on June2?',2021 —Agenda Remit,Al, and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans,the COUNTY advertised the 2021-2022 Annual
Action Plan, on May 1, 2021, with a 30-day Citizen Comment period from May 1, 2021 to June 1, 2021;
and
WHEREAS,the SUBRECIPIENT has submitted a proposal for participation in the Collier County
CDBG program; and
COLLIER COUNTY HOUSING AUTHORITY
CD21-04
HVAC Installation Page 1
l6D7
WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in undertaking the CDBG project—(CD-04) HVAC Installation .
NOW,THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
PART I
SCOPE OF WORK
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required
as a condition of providing CDBG assistance as provided herein and, as determined by Collier County
Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as
follows:
Project Name: HVAC Installation
Description of project and outcome: CHS, as an administrator of the CDBG program, will make
available FY 2021-2022 CDBG funds up to the gross amount of$500,000.00 to Collier County
Housing Authority to fund the rehabilitation of affordable housing units in Immokalee,FL,
through the installation of Heating, Ventilation, and Air Conditioning systems.
Project Component One: Installation of HVAC systems in affordable housing units, in
Immokalee, FL
The property will be deed restricted for five(5)years commencing on the date of initially meeting
one of the National Objectives, in accordance with 24 CFR 570.505, if applicable.
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty (60) calendar days of the execution of this Agreement, the SUBRECIPIENT
must deliver, to CHS for approval, a detailed project schedule for the completion of the
project .
B. The following resolutions and policies must be submitted within sixty (60) days of this
Agreement:
Affirmative Fair Housing Policy
• Affirmative Action/Equal Opportunity Policy
Conflict of Interest Policy
• Procurement Policy
• Uniform Relocation Act Policy
COLLIER COUNTY HOUSING AUTHORITY
CD21-04
HVAC Installation Page 2
I6Q7
® Sexual Harassment Policy
® Section 3 Policy
Section 504/ADA Policy
• Fraud,Waste, and Abuse Policy
® Language Assistance and Planning Policy(LAP)
Violence Against Women Act(VAWA)Policy
• LGBTQ Policy
C. Environmental Review Requirement (ERR) - No program costs can be incurred until an
environmental review of the proposed project is completed and approved. Further, the
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.
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, in writing,at least 14 days,
prior to the training.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Description Federal Amount
Project Component 1: Installation of HVAC systems in affordable housing units, in $500,000.00
Immokalee,FL
Total Federal Funds: $500,000.00
The SUBRECIPIENT will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
• Maintain beneficiary income certification documentation,and provide to the COUNTY as
requested
Maintain and provide National Objective Documentation
® Provide Quarterly Reports on National Objective and project progress
• Ensure attendance by a representative from executive management at scheduled
partnership meetings, as requested by CHS
COLLIER COUNTY HOUSING AUTHORITY
CD21-04
HVAC Installation Page 3 ^N.•
3.
16D7
® Ensure attendance by SUBRECIPIENT and General Contractor at Pre-Construction
meetings,prior to SUBBRECIPIENT issuance of Notice to Proceed(NTP)
• Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation
• Identify Lead Project Manager
• Provide Site Design and Specifications
• Comply with Davis-Bacon Labor Standards
• Comply with Section 3 and maintain documentation
• Provide certified payroll weekly throughout construction and rehabilitation
® Comply with Uniform Relocation Act(URA), if necessary
• Ensure applicable numbers of units are Section 504/ADA accessible
• Ensure the applicable continued use period for the project is met
B. National Objective
The CDBG program funds awarded to Collier County must benefit low-moderate income persons
(LMI). As such, the SUBRECIPIENT shall ensure that all activities and beneficiaries meet the
definition of:
❑ LMA—Low/Mod Area Benefit
❑ LMC—Low/Mod Clientele Benefit
LMH—Low/Mod Housing Benefit
❑ LMJ—Low/Mod Job Benefit
LMA: Must document where at least 51 percent of the residents are LMI persons, based
on HUD determined eligible census tracts. Failure to achieve the national objective under this
Agreement will require repayment of the CDBG investment under this Agreement.
LMC: Must document that at least 51 percent of persons served, are low- to moderate-
income persons or households, in order to meet a CDBG National Objective.Failure to achieve the
national objective under this Agreement will require repayment of the CDBG investment under this
Agreement.
LMH: Must document providing or improving permanent residential structures, which
upon completion will be occupied by LMI households. Structures with three or more units must
contain at least 51 percent occupied by LMI households, and structures with less than three units
must be occupied by 100 percent LMI households. Failure to achieve the national objective under
this Agreement will require repayment of the CDBG investment under this Agreement.
LMJ: Must document job creation and retention. The LMI benefit national objective
addresses activities designed to create or retain permanent jobs, at least 51 percent of which
(computed on a full-time equivalent basis) will be made available to or held by LMI persons.
Failure to achieve the national objective under this Agreement will require repayment of the CDBG
investment under this Agreement.
C. Performance Deliverables
1__
COLLIER COUNTY HOUSING AUTHORITY
CD21-04
HVAC Installation Page 4
16Q7
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Special Grant Condition Policies Policies as stated in this Within sixty(60) days of
(Section 1.1) Agreement Agreement execution
Insurance Insurance Certificate Within 30 days of Agreement
execution and Annually within
thirty(30)days of renewal
Detailed Project Schedule Project Schedule Within sixty(60)days of
Agreement execution
Project Plans and Specifications Site Plans and Specifications Prior to contruction start
Subcontractor Log Subcontractor Log Initially at construction start,
and quarterly thereafter
Progress Report Exhibit C Quarterly reports;within 10
days following the end of the
quarter.Annually after closeout
Section 3 Report Quarterly report of new hire Quarterly; within 10 days
information following the end of the quarter.
Annually after closeout.
Davis-Bacon Act Certified Weekly Certified Payroll Weekly within 7 days following
Payroll reports, forms, and supporting issuance of payroll checks
documentation
Annual Audit Monitoring Exhibit E Annually,within 60 days of FY
Report end
Financial and Compliance Audit Audit,Management Letter, and Annually: nine(9)months after
Supporting Documentation FY end for Single Audit OR one
hundred eighty(180)days after
FY end
Continued Use Certification Continued Use Affidavit, if Annually; for five(5)years after
applicable meeting the National Objective
Capital Needs Assessment Plan Plan approved by the COUNTY Initial Plan due after completion
of construction.Annually
through the period of continued
use
Program Income Reuse Plan Plan Approved by the COUNTY N/A
D. Payment Deliverables
Payment Deliverable Payment Supporting Documentation Submission Schedule
Project Component 1: Installation Submission of Exhibit B and supporting Submission of
of HVAC systems in affordable documents, as evidenced by banking monthly invoices,
housing units, in Immokalee, FL documents, completed AIA G702-1992 within 30 days of the
form,or equivalent document per prior month.
contractor's Schedule of Values, and any
additional documents as needed.
10%retainage of the award amount or
project costs, whichever is less,will be
released upon final monitoring clearance
and meeting a National Objective.
COLLIER COUNTY HOUSING AUTHORITY
CD21-04
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1 6D7 ,..
For clarity,the County will not withhold
10%on each payment,rather,the last
10%will only be paid as previously
specified.
Final 10 percent of award amount will be paid upon completion of final monitoring clearance and
documentation of meeting the National Objective. Failure by the SUBRECIPIENT to achieve the National
Objective will require repayment of the CDBG investment under this Agreement.
1.3 PERIOD OF PERFORMANCE
SUBRECIPIENT services shall begin on October 1,2021 and shall end on April 30,2023.
The County Manager or designee may extend the term of this Agreement for a period of up to 180
days after the end of the Agreement. Extensions must be authorized, in writing,by formal letter to
the SUBRECIPIENT.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available FIVE HUNDRED THOUSAND DOLLARS AND ZERO
CENTS ($500,000.00) for use by the SUBRECIPIENT, during the term of the Agreement
(hereinafter, shall be referred to as the"Funds").
Modification to the"Budget and Scope"may only be made if approved in advance.Budgeted fund
shifts among line items shall not be more than 10 percent of the total funding amount and shall not
signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only
be made with Board of County Commissioners(Board)approval.
The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible
costs;and all disbursement requests must be limited to the amount needed at the time of the request.
SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred
during the term of this Agreement. Invoices for work performed are required every month. If no
work has been performed during that month, or if SUBRECIPIENT is not yet prepared to send the
required backup,a$0 invoice is required.Explanations may be required if two consecutive months
of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT,when requested, as
work progresses but not more frequently than once per month. Reimbursement will not occur if
SUBRECIPIENT fails to perform the minimum level of service required by this Agreement.
Final invoices are due no later than 90 days after the end of the Agreement.Work performed during
the term of the program but not invoiced within 90 days after the end of the Agreement may not be
processed without written authorization from the Grant Coordinator.
COLLIER COUNTY HOUSING AUTHORITY
CD21-04 •
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l6D7
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requirements, including timely submission of Performance
Deliverables contained in Section 1.2.C. Late submission of deliverables may cause payment
suspension of any open pay requests until the required deliverables are received by CHS. Except
where disputed for noncompliance, payment will be made upon receipt of a properly completed
invoice, and in compliance with §218.70, Florida Statutes, otherwise known as the "Local
Government Prompt Payment Act."
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 the 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 may only incur direct costs that may be attributed
specifically to the project(s)referenced above,as defined in 2 CFR 200.413.The SUBRECIPIENT
must provide adequate documentation for validating costs incurred. Payments to
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
Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles.A Developer is
not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart E and may
impose requirements upon the Developer, to remain compliant with COUNTY's obligation to
follow 2 CFR Subpart E.The Developer will use adequate internal controls and maintain necessary
source documentation for all costs incurred and adhere to any other accounting requirements
included in this Agreement.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice
delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and
other written communications under this Agreement shall be addressed to the individuals in the
capacities indicated below,unless otherwise modified by subsequent written notice.
COLLIER COUNTY ATTENTION: , Grant Coordinator
Collier County Government
Community and Human Services Division
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email:
Telephone:
COLLIER COUNTY HOUSING AUTHORITY
CD21-04
HVAC Installation Page 7
16D7
SUBRECIPIENT ATTENTION: Oscar Hentschel, Executive Director
Collier County Housing Authority
1800 Farm Worker Way
Immokalee, Florida 34142
Email: oentschel@cchafl.org
Telephone: (239) 657-3649
Remainder of Page Intentionally Left Blank
COLLIER COUNTY HOUSING AUTHORITY
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PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
At any time during normal business hours and as often as the COUNTY(and/or its representatives)
may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit all
records, documentation, and any other data relating to all matters covered by the Agreement.
SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its
receipt of the report. SUBRECIPIENT's failure to comply with the above audit requirements will
constitute a violation of this Agreement and may result in the withholding of future payments.
SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with
current COUNTY policy concerning Subrecipient audits 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
The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to
determine compliance with the requirements of this Agreement, the CDBG Program, and all other
applicable laws and regulations. This documentation shall include but is not limited to, the
following:
A. All records required by CDBG regulations.
B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily
would be required by the COUNTY in order to perform the service.
C. 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
procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this
Agreement. Materials identified in the previous sentence shall be in accordance with
generally accepted accounting principles (GAAP), procedures, and practices, which
sufficiently and properly reflect all revenues and expenditures of funds provided directly
or indirectly by this Agreement, 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.
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D. Upon completion of all work contemplated under this Agreement, copies of all documents
and records relating to this Agreement shall be surrendered to CHS, if requested. In any
event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a
readily accessible, permanent, and secured location for three (3) years after the date of
submission of 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, or audit
findings involving these records are resolved. If a SUBRECIPIENT ceases to exist after
the closeout of this Agreement,the COUNTY shall be informed, in writing, of the address
where the records are to be kept,as outlined in 2 CFR 200.337.The SUBRECIPIENT shall
meet all requirements for retaining public records and transfer, at no cost to COUNTY,all
public records in possession of the SUBRECIPIENT upon termination of the Agreement
and destroy any duplicate exempt or confidential public records that are exempt from
public records disclosure requirements. All records stored electronically must be provided
to the COUNTY in a format that is compatible with the COUNTY'S information
technology systems.
IF SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832, ,
3299 Tamiami Trail E, Naples FL 34112.
E. SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Act of
1931, including files containing contractor payrolls, employee interviews, Davis-Bacon
wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records
showing contractor compliance with the Contract Work Hours and Work Safety Law.
Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal
purchasing requirements and other federal requirements for grant implementation.
F. SUBRECIPIENT will be responsible for the creation and maintenance of income eligible
files on clients served, and documentation that all households are eligible under HUD
Income Guidelines. SUBRECIPIENT agrees that CHS shall be the final arbiter on the
SUBRECIPIENT's compliance.
G. SUBRECIPIENT shall document how compliance with the National Objective(s), as
defined in 24 CFR 570.208, and the eligibility requirement(s) under which funding has
been received were accomlished.This includes special requirements,such as necessary and
appropriate determinations as defined in 24 CFR 570.208,income certification,and written
agreements with beneficiaries, where applicable.
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H. SUBRECIPIENT shall provide the public with access to public records on the same terms
and conditions that the COUNTY would provide the records, and at a cost that does not
exceed the cost provided in Chapter 119,Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that 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 D)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 eighty (180) days for
Subrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The
COUNTY will conduct an annual financial and programmatic review.
SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop
review of the activities may be conducted in lieu of an on-site visit. The continuation of this
Agreement is dependent upon satisfactory evaluations. Upon request by CHS, the
SUBRECIPIENT shall submit information and status reports required by CHS or HUD, to enable
CHS to evaluate said progress and allow for completion of required reports. 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 SUBRECIPIENT'S performance in an attempt to mitigate fraud,waste,
abuse, or non-performance, based on goals and performance standards as stated with all other
applicable laws, regulations, and policies governing the funds provided under this Agreement,
further defined by 2 CFR 200.332.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 necessary
to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this
Agreement, and to provide for the proper and effective management of all Program and Fiscal
activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and
other significant events shall be clearly documented, and the documentation shall be readily
available for monitoring by COUNTY.
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SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees,
and agents for the purpose of monitoring or investigating the performance of the Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent
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 to any
appropriate law enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this Agreement. Penalties may be imposed for failure to implement or to make
acceptable progress on such corrective action plans.
To effectively enforce COUNTY Resolution No.2013-228, CHS has adopted an escalation policy
to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds
from CHS. The escalation policy for noncompliance is as follows:
1. Initial noncompliance may result in COUNTY issuing Findings or Concerns to the
SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action
plan to CHS within 15 days following issuance of the report.
• Any pay requests that have been submitted to CHS for payment will be held
until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to
SUBRECIPIENT, as needed, in order to correct the noncompliance issue.
2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely
manner, the COUNTY may require a portion of the awarded grant funds be
returned to the COUNTY.
• CHS may require upwards of 5 percent of the award amount be returned to the
COUNTY, at the discretion of the Board.
• The SUBRECIPIENT may be denied future consideration, as set forth in
Resolution No.2013-228.
3. If SUBRECIPIENT 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 CDBG investment for acquisition of the properties conveyed,to be
returned to the COUNTY.
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• CHS may require upwards of 10 percent of the award amount to be returned
to the COUNTY, at the discretion of the Board.
• The SUBRECIPIENT will be considered in violation of Resolution No.2013-
228.
4. If after repeated notification, SUBRECIPIENT continues to be substantially
noncompliant, CHS may recommend the Agreement or award be terminated.
• CHS will make a recommendation to the Board to immediately terminate the
Agreement. SUBRECIPIENT will be required to repay all funds disbursed by
CHS for the terminated project. This includes the amount invested by the
COUNTY for the initial acquisition of properties or other activities.
• SUBRECIPIENT will be considered in violation of Resolution No.2013-228.
If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be
noncompliant, the above sanctions may be imposed across all awards at the Board's
discretion.
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this Agreement,and on the resolution of monitoring findings identified pursuant to this
Agreement, as deemed necessary by the County Manager or designee.
During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the
COUNTY on the 10th day of January, April, July, and October, respectively, for the prior quarter
period end. As part of the report submitted in October, the SUBRECIPIENT agrees to include a
comprehensive final report covering the agreed-upon Program objectives, activities, and
expenditures including but not limited to, performance data on client feedback with respect to the
goals and objectives set forth in Exhibit C,which contains an example reporting form to be used in
fulfillment of this requirement. Other reporting requirements may be required by the County
Manager or designee if the Program changes,the need for additional information or documentation
arises, and/or legislative amendments are enacted. Reports and/or requested documentation not
received by the due date shall be considered delinquent and may be cause for default and
termination of this Agreement.
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 consent,if given at all, shall be at the COUNTY's sole discretion and judgment.
3.2 GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants), including subpart K of these regulations, except that(1)
SUBRECIPIENT does not assume the COUNTY's environmental responsibilities described in 24
CFR 570.604; (2) SUBRECIPIENT does not assume the COUNTY's responsibility for initiating
the review process under the provisions of 24 CFR Part 52; (3) SUBRECIPIENT is required to
follow the federal procurement process; and (4) for Developers, revenue generated is not
considered program income.The CDBG program was funded through the Housing and Community
Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable
laws, regulations, and policies governing the funds provided under this Agreement. The
SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement
rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating
or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT
shall always remain an"independent contractor"with respect to the services to be performed under
this Agreement. The COUNTY shall be exempt from payment of all Unemployment
Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation
Insurance, as the SUBRECIPIENT is independent from the COUNTY.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a
duly authorized representative of each organization,and approved by the 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 for other reasons. If such
amendments result in a change in the funding,the scope of services,or schedule of the activities to
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be undertaken as part of this Agreement, such modifications will be incorporated only by written
amendment, signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from HUD CDBG grant funds and must be
implemented in full compliance with all of HUD's rules and regulations and any agreement
between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event
of curtailment or non-production of said federal funds, or the reduction of funds awarded by HUD
to the COUNTY, to a level determined by the County Manager to be insufficient to adequately
administer the project, the financial resources necessary to continue to pay the SUBRECIPIENT
all or any portion of the funds will not be available. In either event,the COUNTY may terminate
this Agreement,which shall be effective as of the date that it is determined by the County Manager
or designee, in his/her sole discretion and judgment, that the funds are no longer available. In the
event of such termination,the SUBRECIPIENT agrees that it will not look to,nor seek to hold the
COUNTY, nor any individual member of the County Commissioners and/or County
Administration, personally liable for the performance of this Agreement, and the COUNTY shall
be released from any further liability to SUBRECIPIENT under the terms of this Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act or omission, including
but not limited to reasonable attorneys' and paralegals'fees,to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents,
officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any
persons acting under the direction, control, or supervision of the SUBRECIPIENT in the
performance of this Agreement. This indemnification obligation shall not be construed to negate,
abridge,or reduce any other rights or remedies,which otherwise may be available to an indemnified
party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses
of any nature whatsoever in connection therewith and shall defend all suits in the name of the
COUNTY and shall pay all costs(including attorney's fees)and judgments which may issue there-
on. This Indemnification shall survive the termination and/or expiration of this Agreement. This
section does not pertain to any incident arising from the sole negligence of COUNTY. The
foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits
set forth in Section 768.28,Florida Statutes.This section shall survive the expiration of termination
of this Agreement.
3.7 GRANTEE RECOGNITION/SPONSORSHIPS
SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements,
descriptions of program sponsorships,research reports,and similar public notices,whether printed
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or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the
Program shall include the statement:
"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY
COMMUNITY AND HUMAN SERVICES DIVISION"
and shall appear in the same size letters or type as the name of SUBRECIPIENT. This design
concept is intended to disseminate key information to the general public regarding the development
team, as well as Equal Housing Opportunity. Construction signs shall comply with applicable
COUNTY codes.
3.8 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 for such
termination,the effective date, and in the case of partial terminations,the portion to be terminated.
However,in the case of a partial termination,if the COUNTY determines that the remaining portion
of the award will not accomplish the purpose for which the award was made, the COUNTY may
terminate the award in its entirety.This Agreement may also be terminated by the COUNTY,if the
award no longer effectuates the program goals or grantor agency priorities.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement, in compliance with 2 CFR 200,Appendix II(A):
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 the SUBRECIPIENT relating to the project.
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In the event of any default by SUBRECIPIENT under this Agreement,the COUNTY may seek any
combination of one or more of the following remedies, in compliance with 2 CFR 200, Appendix
II(B):
A. Require specific performance of the Agreement, in whole or in part.
B. Require the use of, or change in, professional property management.
C. Require SUBRECIPIENT to immediately repay to the COUNTY all CDBG funds received
under this Agreement.
D. Apply sanctions, if COUNTY determines them 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.
3.9 SUSPENSION AND DEBARMENT
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 an Federal Department or agency; and, that the SUBRECIPIENT 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.
3.10 REVERSION OF ASSETS
In the event of a termination of this Agreement and in addition to any and all other remedies
available to the COUNTY (whether under this Agreement, or at law, or in equity), the
SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of
termination(or expiration)and any accounts receivable attributable to the use of CDBG funds,per
24 CFR 570.503(b)(7).
The COUNTY's receipt of any funds on hand at the time of termination shall not waive the
COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the
funds or property, as the COUNTY may deem necessary. Regulations regarding real property are
subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7).
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3.11 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until
all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said
insurance shall be carried continuously during SUBRECIPIENT's performance under the
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, Cost Principles and Audit
Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the
Community Development Block Grant(24 CFR 570 et seq.).
3.13 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through
200.327)and Collier County's Procurement Ordinance#2017-08, as amended.Current purchasing
thresholds are:
Range: Competition Required
$0 - $50,000 3 Written Quotes
$50,001+ Formal Solicitation(ITB,RFP, etc.)
In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall
provide a preference for the purchase,acquisition,or use of goods,products,or materials produced
in the United States.
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 200.323.
All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT
employees, or put out to competitive bidding, under a procedure acceptable to COUNTY and
Federal requirements. The SUBRECIPIENT shall enter into contracts for improvements with the
lowest, responsible, and qualified bidder. In accordance with 2 CFR 200.323, 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 200.323.Contract administration shall be conducted by the SUBRECIPIENT and monitored
by CHS,which shall have access to all records and documents related to the Project.
3.14 PROGRAM GENERATED INCOME
No Program Income is anticipated.However,if Program Income is derived from the use of CDBG
funds disbursed under this Agreement, such Program Income shall be utilized by the
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SUBRECIPIENT for CDBG-eligible activities approved by COUNTY. Any Program Income(as
such term is defined under applicable Federal regulations) gained from any activity of the
SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual
Program Income Re-use Plan, utilized by the SUBRECIPIENT accordingly, and shall be in
compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When
Program Income is generated by an activity that is only partially assisted by CDBG funds,
the income shall be prorated to reflect the percentage of CDBG funds used. If there is a
Program Income balance at the end of the Program Year, such balance shall revert to the
COUNTY's Community Block Grant Program,for further reallocation.
Acq uisition/Improvement of Real Property:Real property under the SUBRECIPIENT'S control
that was acquired or improved, in whole or in part,with CDBG funds shall be used to meet one of
the CDBG National Objectives, pursuant to 24 CFR 570.208, during the continued use period, as
referenced in section 3.14(Grant Closeout Procedures)of this Agreement.If the SUBRECIPIENT
disposes of or otherwise fails to continue to use the CDBG-assisted real property in a manner that
meets a CDBG National Objective,the SUBRECIPIENT shall pay the COUNTY an amount equal
to the percentage of the current fair market value of the property,less any disposal costs. The basis
for such percentage shall be the percentage of the appraised value attributable to CDBG and non-
CDBG funds expended for the original acquisition of, or improvement to, the property under the
terms of this Agreement. Such payment shall constitute program income to the COUNTY.
3.15 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 five (5)
year continued use period has been met. The continued use period shall commence with the later
of the SUBRECIPIENT meeting the National Objective or the recording of lien and/or deed
restriction documentation. Activities during this closeout period shall include, but are not limited
to making final payments;disposing of program assets(including the return of all unused materials,
equipment,program income balances, and receivable accounts to the COUNTY); and determining
the custodianship of records. In addition to the records retention outlined in Part 2.2, the
SUBRECIPIENT shall comply with Section 119.021, Florida Statutes, regarding records
maintenance,preservation,and retention.A conflict between state and federal 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 exceeding the amount SUBRECIPIENT is entitled to
under the terms and conditions of this Agreement must be refunded to the COUNTY.
SUBRECIPIENT shall also produce records and information complying with Section 215.97,
Florida Single Audit Act.Closeout procedures must take place in accordance with 2 CFR 200.344.
3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
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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, to the greatest extent feasible, eligible
business concerns located in or owned in substantial part by persons residing in the project areas
shall be awarded contracts in connection with the project.The SUBRECIPIENT shall comply with
Section 3 of the Housing and Community Development Act of 1968.
3.17 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 that is 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 women's business enterprises,
in lieu of an independent investigation.
3.18 PROGRAM BENEFICIARIES
If the Agreement is meeting a National Objective through an LMI strategy, at least 51 percent of
the beneficiaries of a project funded through this Agreement must be low- and moderate- income
persons, or presumed to be low- to moderate- income persons based on applicable regulation.
Determination of income eligibility is based on the annual income of the family or household.This
Agreement conforms to the definition of Annual Income, per 24 CFR 570.3(1)(i), where Annual
income is defined under the Section 8 Housing Assistance Payments. Details for calculating the
Annual Income are contained in 24 CFR 5.609, with practical instructions contained in HUD
Handbook 4350.3, Chapter 5.
If the project is located in an entitlement city as defined by HUD, or serves beneficiaries
countywide,more than 30 percent of the beneficiaries directly assisted under this Agreement must
reside in unincorporated Collier County or in municipalities participating in the COUNTY's Urban
County Qualification Program. The project shall assist beneficiaries as defined above for the time
period designated in Exhibit C of this Agreement.
3.19 AFFIRMATIVE ACTION
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The SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program
pursuant to the COUNTY's specifications,in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966. The SUBRECIPIENT shall submit a plan for an
Affirmative Action Program for approval prior to the award of funds. The Affirmative Action
Program will need to be updated throughout the continued use period and must be submitted to the
COUNTY within 60 days of any update/modification.
3.20 CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ, who presently exercises any
functions or responsibilities in connection with the Project, has any personal financial interest,
direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner
or degree with the performance of this Agreement,and that no person having any conflict of interest
shall be employed by or subcontracted by SUBRECIPIENT. The SUBRECIPIENT covenants that
it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest," 2 CFR 200.318, and
the State and County statutes,regulations,ordinances,or resolutions governing conflicts of interest.
The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person,or an entity
owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval
of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not
intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees.
Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its
contractors shall be disclosed to CHS in writing, provided however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low- and moderate-
income residents of the project target area.
3.21 BYRD ANTI-LOBBYING AMENDMENT
Each tier certifies that the tier above it will not, and has not, used Federally appropriated funds to
pay any person or organization for influencing or attempting to influence the award of Federal
funds, as covered by 31 USC 1352, as more fully described in Section 4.47 of this Agreement.
Contractors who apply or bid for an award of$100,000 or more shall file the required certification.
3.22 RELIGIOUS ORGANIZATIONS
CDBG funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows:
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A. It will not discriminate against any employee or applicant for employment based on
religion,and will not limit employment or give preference in employment to persons based
on religion.
B. It will not discriminate against any person applying for public services based on religion,
and will not limit such services or give preference to persons based on religion.
C. It will retain its independence from Federal, State, and Local governments and may
continue to carry out its mission, including the definition, practice, and expression of its
religious beliefs, provided it does not use direct CDBG funds to support any inherently
religious activities, such as worship, religious instruction, or proselytizing.
D. The funds shall not be used for the acquisition,construction,or rehabilitation of structures
to the extent that those structures are used for inherently religious activities. Where a
structure is used for both eligible and inherently religious activities, CDBG funds may not
exceed the cost of those portions of the acquisition, construction, or rehabilitation that are
attributable to eligible activities, in accordance with the cost accounting requirements
applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG
funded religious congregation uses as its principal place of worship,however,are ineligible
for CDBG funded improvements.
3.23 INCIDENT REPORTING
If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any
subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect,
or exploitation of a child, aged person,or disabled person.
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.
3.25 MISCELLANEOUS
The SUBRECIPIENT and the COUNTY each binds itself, its partners, successors, legal
representatives, and assigns of such other party in respect to all covenants of this Agreement.
The SUBRECIPIENT represents and warrants that the financial data,reports,and other information
on the Project it furnished to the COUNTY are accurate and complete, and financial disclosures
fairly represent the financial position of the SUBRECIPIENT.
The SUBRECIPIENT certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this
Agreement. The SUBRECIPIENT also certifies that the undersigned person has the authority to
legally execute and bind the SUBRECIPIENT to the terms of this Agrement.
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The Grant Documents shall be construed in accordance with and governed by the laws of the State
of Florida,without giving effect to its provisions regarding choice of laws.
All activities authorized by this Agreement shall be subject to and performed in accordance with
the provisions of the terms and conditions of the Agreement between the COUNTY, the
Regulations, all applicable federal, state, and municipal laws, ordinances, regulations, orders, and
guidelines, including but not limited to any applicable regulations issued by the DIVISION.
Electronic Signatures. This Agreement,and related documents entered into in connection with this
Agreement are signed when a party's signature is delivered by facsimile, e-mail, or any other
electronic medium. These signatures must be treated in all respects as having the same force and
effect as original signatures.
Remainder of Page Intentionally Left Blank
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title24/24cfr570 main_02.tpl
4.2 24 CFR 58 -The regulations prescribing the Environmental Review procedure.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=l acdb92f3b05c3 f285dd76c26d 14f54e&mc--true&node=pt24.1.58&rgn=div5
4.3 Section 104(b)and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended
https://www.hud.gov/program_offices/comm_plann ing/commun itydevelopment/rulesandregs/law
s/sec5309
4.4 The Fair Housing Act(42 U.S.C. 3601-20)Reasonable Accommodations Under the Fair Housing
Act. https://www.hud.gov/sites/documents/DOC 7771.PDF
https://www.justice.gov/crt/fair-housing-act-1
Executive Order 11063 —Equal Opportunity in Housing https://www.archives.gov/federal-
register/codification/executive-order/11063.html
Executive Order 11259-Leadership& Coordination of Fair Housing in Federal Programs
https://www.archives.gov/federal-register/cod.ification/executive-order/12259.html
24 CFR Part 107-Non-Discrimination and Equal Opportunity in Housing under E.O.
https://www.law.cornell.edu/cfr/text/24/part-107
4.5 Title VI of the Civil Rights Act of 1964 as amended,Title VIII of the Civil Rights Act of 1968, as
amended https://www.hud.gov/programdescription/title6
4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
https://www.gpo.gov/fdsys/pkg/CFR-2007-tit1e24-vo13/pdf/CFR-2007-tit1e24-vol3-secs 70-
602.pdf
4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations. EO 11246:
https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended
EO 11375 and 12086: see item#8 below
4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972,42 USC §2000e,et. seq.The SUBRECIPIENT will,in all solicitations or advertisements for
employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or
Affirmative Action employer.
https://www.hud.gov/programdescription/title6
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4.9 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD
Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all
applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a
condition of the Federal financial assistance provided under this Agreement and binding upon the
COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through which Federal
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
The SUBRECIPIENT further agrees to comply with these"Section 3"requirements and to include
the following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a program providing
direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires
that,to the greatest extent feasible,opportunities for training and employment be given to low-and
very low-income residents of the project area, and that contracts for work in connection with the
project be awarded to business concerns that provide economic opportunities for low- and very
low-income persons residing in the metropolitan area in which the project is located."
The SUBRECIPIENT further agrees to ensure that opportunities for training and employment
arising in connection with a housing rehabilitation (including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project are given to low-
and very low-income persons residing within the metropolitan area in which the CDBG-funded
project is located; where feasible, priority should be given to low- and very low-income persons
within the service area of the project or the neighborhood in which the project is located, and to
low- and very low- income participants in other HUD programs; and award contracts for work
undertaken in connection with a housing rehabilitation(including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project to business
concerns that provide economic opportunities for low- and very low-income persons residing
within the metropolitan area in which the CDBG-funded project is located;where feasible,priority
should be given to business concerns that provide economic opportunities to low- and very low-
income residents within the service area or the neighborhood in which the project is located,and to
low- and very low-income participants in other HUD programs.
https://www.hud.gov/sites/documents/DOC_12047.PDF
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr135 main 02.tpl
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4.10 Age Discrimination Act of 1975,Executive Order 11063, and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107 and 12086.
Age Discrimination Act of 1975
https://www.law.cornell.edu/uscode/text/42/chapter-76
11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.htm
11375: Amended by BO 11478
11478: https://www.archives.gov/federal-register/codification/executive-order/11478.html
12107: https://www.archives.gov/federal-register/codification/executive-order/12107.html
12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html
4.11 Contract Work Hours and Safety Standards Act,40 USC 327-332.
https://www.dol.gov/whd/regs/statutes/safe01.pdf
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K.
Section 504: https://www.epa.gov/ocr
29 USC 776: https://law.onecle.com/uscode/29/776.html
24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudap
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
https://www.fhwa.dot.gov/real_estate/uniform_act/index.cfm
4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all
construction contracts funded by CDBG.
Davis-Bacon Act: 42 USC 276a to 40 USC 276a:
https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-tit1e40-section276a-
7&num=0&edition=1999
29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in
whole or in part,by Loans or Grants from the United States
https://www.law.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)
https://www.law.cornell.edu/cfr/text/29/part-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally
assisted projects. https://www.presidency.ucsb.edu/ws/index.php?pid=23675
4.16 As a supplement to the Davis-Bacon Act requirements,the SUBRECIPIENT agrees to comply with
the "Copeland Anti-Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or
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subcontractors from inducing an employee to relinquish any part of his/her compensation, under
the federally-funded contract.
18 U.S.C. 874 https://www.govinfo_gov/content/pkg/USCODE-2010-title 18/pdf/USCODE-2010-
title18.pdf
40 U.S.C. 276c https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40-
section276c&num=0&edition=1999
4.17 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 - which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise.
https://www.archives.gov/federal-register/codification/executive-order/11625.html
4.18 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws,regulations,and executive orders referenced in 24 CFR 570.607,as
revised by Executive Order 13279.The applicable non-discrimination provisions in Section 109 of
the Housing and Community Development Act(HCDA)are still applicable.
24 CFR 570.607:
https://www.ecfr.gov/cgi-bin/text-
idx?SID=9eae3f8eaa991 f0411 f3 83b74003bcb 1&mc=true&node=pt24.3.570&rgn=div5#se24.3.5
70 1607
E.O. 13279:http://www.fedgovcontracts.com/pe02-96.htm
4.19 Public Law 100-430-the Fair Housing Amendments Act of 1988.
https://www.ncbi.nlm.nih.gov/pubmed/1 2289709
4.20 2 CFR 200 et seq-Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200 main 02.tpl
4.21 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;2)extend or renew a contract to procure or obtain;3)enter into
a contract(or extend or renew a contract)to procure or obtain equipments,services,or systems that
use(s) covered telecommunications equipment or services as a substantial component of any
system,or as critical technology as part of any system.
4.22 Immigration Reform and Control Act of 1986
https://www.eeoc.govieeoc/history/35th/thelaw/irca.html
4.23 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give,
either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any
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COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05, as amended,and County Administrative Procedure 5311.
Florida Statutes-
https://www.lawserver.com/law/state/Forida/statutes/florida_statutes_chapter_l 12_part_iii
Collier County-
http://www.colliergov.net/home/showdocument?id=3 5137
4.24 Order of Precedence-In the event of any conflict between or among the terms of any of the Contract
Documents,the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except that the terms of any Supplemental Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
4.25 Venue-Any suit of action brought by either party to this Agreement against the other party,relating
to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in
Collier County,FL which courts have sole jurisdiction on all such matters. (No reference required
for this item).
4.26 Dispute Resolution-Prior to the initiation of any action or proceeding permitted by this Agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation, and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes.The litigation arising out of this Agreement shall be adjudicated in Collier County,Florida,
if in state court; and the US District Court, Middle District of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
https://wvvw.flsenate.gov/Laws/Statutes/2012/44.102
4.27 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE-
2010-tit1e42/htm l/USCODE-2010-title42-chap 8 5.htm
https://www.law.cornell.edu/uscode/text/42/chapter-85
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.govinfo.gov/content/pkg/USCODE-2011-title33/pdf/USCODE-2011-tit1e33-
chap26.pdf
https://www.law.cornell.edu/uscode/text/33/chapter-26
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4.28 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 570.605 Subpart K),the SUBRECIPIENT shall assure that for activities located in an
area identified by FEMA as having special flood hazards,flood insurance under the National Flood
Insurance Program is obtained and maintained.If appropriate,a letter of map amendment(LOMA)
may be obtained from FEMA,which would satisfy this requirement and/or reduce the cost of said
flood insurance.
https://www.law.cornell.edu/cfr/text/24/570.605
4.29 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this Agreement shall be subject to the HUD Lead-Based Paint Poisoning
Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo.gov/fdsys/granule/CFR-
2000-title24-vo13/CFR-2000-tit1e24-vol3-sec570-608-id 163
4.30 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800,Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties,insofar as they apply to the performance of this Agreement.
https://www.nps.gov/history/local-law/nhpa 1966.htm
https://www.achp.gov/sites/default/files/regulations/2017-02/re gs-rev04.pdf
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.
https://www.nps.gov/history/local-law/nhpa1966.htm
4.31 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with
the Drug-Free Workplace Act of 1988 (41 USC 701).
https://www.gpo.gov/fdsys/granule/USCODE-2009-title41/USCOD.E-2009-title41-chap 10-
sec701
4.32 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 the SUBRECIPIENT shall not knowingly
enter into any lower tier contract, or other covered transaction, with a person who is similarly
debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609,
Subpart K.
https://www.archives.gov/federal-register/codification/executive-order/12549.html
4.33 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable
and agrees to adhere to the accounting principles and procedures required therein,utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred. These
requirements are enumerated in 2 CFR 200,et seq.
4.34 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be
submitted to the COUNTY nine(9)months after the end of the SUBRECIPIENT's fiscal year.The
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SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty(180)days after the end of the SUBRECIPIENT'S
fiscal year.Per 2 CFR 200.345,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=5 a7 8 addefff9a5 3 5 e83 fed3 0103 0 8aef&mc=true&node=se2.1.200 13 44&rgn=d iv 8
4.35 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101,shall be subject
to the provisions of CDBG including, but not limited to, the provisions on use and disposition of
property. Any real property within SUBRECIPIENT control, which is acquired or improved, in
whole or part, with CDBG funds in excess of$25,000, must adhere to the CDBG Regulations at
24 CFR 570.505.
https://www.gpo.gov/fdsys/granule/CFR-1999-tit1e49-vol l/CFR-1999-title49-volI-sec24-101.
https://www.govinfo.gov/app/details/CFR-2012-title24-vo13/CFR-201.2-title24-vol3-sec570-505
4.36 As provided in§287.133,Florida Statutes,by entering into this Agreement or performing any work
in furtherance hereof,the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.
This notice is required by § 287.133 (3)(a),Florida Statutes.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&UR
L=0200-0299/0287/Sections/0287.13 3.htm1
4.37 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress,in connection with the awarding of any Federal contract,the making of any Federal grant,
the making of any Federal loan,the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions. The undersigned shall require that the language of
this certification be included in the award documents for all sub-awards at all tiers (including
subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
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4.38 Travel reimbursement will be based on the U.S. General Services Administration(GSA) per diem
rates in effect at the time of travel.
https://www.gsa.gov/portal/content/104877
4.39 Equal access in accordance with the individual's gender identity in community planning and
development programs,per 24 CFR 5.106.
https://www.govregs.com/regulations/expand/title24jart5_subpartA_section5.106
4.40 Housing Counseling,including homeownership counseling or rental housing counseling,as defined
in §5.100,required under or provided in connection with any program administered by HUD shall
be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214
to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=e3 39ece9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6
https://www.law.comell.edu/cfr/text/24/5.111
4.41 HUD Final Rule—Implementation of the Violence Against Women Reauthorization Act of 2013
which applies for all victims of domestic violence, dating violence, sexual assault,and stalking,
regardless of sex, gender identity, or sexual orientation, and which must be applied consistent
with all nondiscrimination and fair housing requirements.
https://www.federalregister.gov/documents/2016/11/16/2016-25 8 88/vi olence-against-women-
reauthorization-act-of-2013-implementation-in-hud-housing-programs
4.42 Any rule or regulation determined to be applicable by HUD.
4.43 Florida Statute 448.095 Employment Eligibility.Per Florida Statute 448.095(3),all Florida private
employers are required to verify employment eligibility for all new hires beginning January 1,
2021. Eligibility determination is not required for continuing employees hired prior to January 1,
2021.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-
0499/0448/0448.html
4.44 Florida Statutes 713.20,Part 1, Construction Liens
https://www.leg.state.fl.us/Statutes/index.cfin?App_mode=Display Statute&URL=0700-
0799/0713/0713.html
4.45 Florida Statutes 119.021 Records Retention
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.021.html
4.46 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/0119.071.html
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4.47 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 hltp://www.lep.gov.
4.48 Equal Treatment of Faith-Based Organizations: By regulation, HUD prohibits all recipient
organizations from using financial assistance from HUD 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 HUD funds while taking
into account religion when hiring staff. Questions in this regard should be directed to the Office
for Civil Rights.
4.49 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records
in the employment context, except when specifically authorized. The SUBRECIPIENT agrees to
avoid the misuse of arrest or conviction records to screen applicants for employment or employees
for retention or promotion that may have a disparate impact based on race or national origin,
resulting in unlawful employment discrimination unless use is otherwise specifically authorized by
law. See https://oip.gov/aboutlocr/pdfs/UseofConviction Advisory.pdf for more details.
4.50 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.
4.51 False Claim; Criminal,or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any
credible evidence that a principal, employee,agent, contractor, subgrantee, subcontractor, or other
person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery,
gratuity, or similar misconduct involving subaward agreement funds
4.52 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
COLLIER COUNTY HOUSING AUTHORITY
CD21-04
HVAC Installation Page 32
1 607 ,
utilized in support of any partisan political activities or activities for or against the election of a
candidate for an elected office.
4.53 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD 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 HUD and to establish
workplace safety policies and conduct education,awareness,and other outreach to decrease crashes
caused by distracted drivers.
4.54 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.
4.55 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT
understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in
support of any contract or subaward to either ACORN or its subsidiaries,without the express prior
written approval of OW.
4.56 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment, or performance of experimental,
developmental,or research work under this funding agreement,the SUBRECIPIENT must comply
with the requirements of 37 CFR Part 401,"Rights of Inventions Made by Nonprofit Organizations
and Small Busines Firms Under Government Grants,Contracts,and Cooperative Agreements,"and
any implementing regulations issued by HUD.
https://www.ecfr.gov/cgi-
bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de761 dc64c0&mc=true&n=pt37.1.401&r
=PART&ty=HTML
(Signature Page to Follow)
COLLIER COUNTY HOUSING AUTHORITY
CD21-04
HVAC Installation Page 33
1 6Q7
IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY,have each respectively,by an
authorized person or agent,hereunder set their hands and seals on the date first written above.
ATTEST: BOA' 1 O .'Ali/UNTY COM SIO RS OF
CRYSTAL K. KINZEL, CLERK COLLI a' '•UNTY,FLORI
',,or
' . I A ,,_,4 �� By:
1aa� 011-41
,i epu fi PENNY TA OR, CHAIRPERSON
Date: 6iZZiL \
COLLIER COUNTY HOUSING AUTHORITY
Dated: &W.- �i
(SEAL)
By:
OSCAR HENT HEL, EXECUTIVE
DIRECTOR Date: 43 - a . jK
Approved as to form and legality:
-.% ...
Jennifer . Belpedio (Y� �'k�2
Assistant County Attorney S
Date: C ' ala ` A
COLLIER COUNTY HOUSING AUTHORITY
CD21-04
HVAC Installation Page 34
1607
PART V
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County,do Community and Human Services Division,3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440,Florida Statutes.
2. Commercial General Liability, including products and completed operations insurance, in the
amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement, in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1 —3 above,a Certificate of Insurance must be provided as follows:
4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out of the
services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this Agreement. This insurance shall be maintained for a period of two (2)years
after the certificate of Occupancy is issued.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its
Subcontractors to provide, original certificates indicating the following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk"basis, in an amount not less than one
hundred(100%)percent of the insurable value of the building(s)or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4001),
the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal
Emergency Management Agency(FEMA) as having special flood hazards, flood insurance under
COLLIER COUNTY HOUSING AUTHORITY
CD21-04
HVAC Installation Page 35
I 6O7
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.
COLLIER COUNTY HOUSING AUTHORITY
CD21-04
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1 6 a 7
EXHIBIT B
COLLIER COUNTY COMMUNITY&HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SUBRECIPIENT Name: COLLIER COUNTY HOUSING AUTHORITY
SUBRECIPIENT Address: 1800 Farm Worker Way,Immokalee, FL 34142
Project Name: HVAC Installation
Project No: CD21-04_ Payment Request#
Total Payment Minus Retainage
Period of Availability: 10/1/2021_through 4/30/2023
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
Subrecipient CHS Approved
1. Grant Amount Awarded $ $
2. Total Amount of Previous Requests $ $
3. Amount of Today's Request(Net of Retainage, if $ $
applicable)
4. Current Grant Balance (Initial Grant Amount Award $ $
request)(includes Retainage)
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT.To the best of my knowledge and belief,
all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor(Approval required $15,000 and Division Director(Approval Required
above) $15,000 and above)
COLLIER COUNTY HOUSING AUTHORITY
CD21-04
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1 607
EXHIBIT C
QUARTERLY PERFORMANCE REPORT DATA
The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement
and Information System(IDIS).The COUNTY reports information on a quarterly basis.To facilitate in the
preparation of such reports,SUBRECIPIENT shall submit the information contained herein within ten(10)
days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to
enter the information collected on this exhibit into an online grant management system.
Subrecipient Name: Collier County Housing Authority Date:
Project Title: HVAC Installation IDIS#:
Program Contact: Oscar Hentschel Telephone Number: (239)657-3649
Activity Reporting Period Report Due Date
October 1"—December 31 St January 10th
January 1"—March 31 St April 10th
April 1"—June 30th July 10th
July 1"—September 30th October 10th
REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period):
12/31/21 3/31/22 6/30/22 9/30/22
Please note: The HUD Program year begins October 1,2021 —September 30,2022.Each quarterly report must include
cumulative data beginning from the start of the program year October 1,2021.
1. Please list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement and indicate your
progress in meeting those goals since October 1,2021.
a. Outcome Goals:list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement
Outcome 1: A minimum of fifty(50)households will benefit from the installation of HVAC units.
Outcome 2: Documentation that at least 51%of persons served are Low-to-Moderate-Income households,to meet
the CDBG LMI/LMH National Objective
Outcome 3: Installation will be fully completed prior to the agreement end.
b. Goal Progress: Indicate the progress to date in meeting each outcome goal.
Outcome 1:
Outcome 2:
Outcome 3:
2. Is this project still in compliance with the original project schedule: Yes ❑ No ❑
If No,Explain:
3. Since October 1,2021;of the persons assisted,how many...
Answer ONLY for Public Facilities&Infrastructure Activities *03 Matrix Codes
a. ...now have new access(continuing)to this service or benefit? 0
b. ...now have improved access to this service or benefit? 0
c. ...now receive a service or benefit that is no longer substandard? 0
Total 0
4. What funding sources did the SUBRECIPIENT apply for this period?
Section 108 Loan Guarantee $ CDBG $
Other Consolidated Plan Funds $ HOME $
Other Federal Funds $ ESG $
$ HOPWA $
$ Total Entitlement $
Funds
COLLIER COUNTY HOUSING AUTHORITY
CD21-04
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5. What is the total number of UNDUPLICATED Persons(LMC)or Households(LMH)served this QUARTER,if
applicable? Answer question 5a or 5b;NOT both
For LMC activities: people,race/ethnicity,and income data are reported by persons.
For LMH activities: households,race/ethnicity,and income level are reported by households,regardless
the number of persons in the household.
a. Total No.Persons/Adults served(LMC) 0 Total No.persons served under 18 0
(LMC)
Quarter Total No.of Persons 0 Quarter Total No.of Persons 0
b. Total No.of Households served 0 Total No.of female head of household 0
(LMH)
6. What is the total number of UNDUPLICATED clients served since October,if applicable?
Answer question 6a or 6b,NOT both
For LMC activities:race/ethnicity and income data are reported by persons.
a. Total No.Persons/Adults served(LMC) 0 Total No.Persons served under 18 0
(LMC)
YTD Total: 0 YTD Total 0
b. Total No.Households served(LMH) 0 Total No.female head of household(LMH) 0
YTD Total 0 YTD Total 0
Complete EITHER question 7 or 8,NOT both
Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed
Benefit categories.
7. PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY
(LMC)Quarter (LMC)YTD
Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED
served this quarter who fall into each presumed benefit persons served since October 1 who fall into each
category(the total should equal the total in question#6a presumed benefit category (the total should equal the
or 6b): total in question#6a or 6b):
a Presumed Benefit Activities Only(LMC)QTR b Presumed Benefit Activities Only(LMC)YTD
0 Abused Children ELI 0 Abused Children ELI
0 Homeless ELI 0 Homeless Person ELI
Person
0 Migrant Farm LI 0 Migrant Farm Workers LI
Workers
0 Battered LI 0 Battered Spouses LI
Spouses
0 Persons LI 0 Persons w/HIV/AIDS LI
w/HIV/AIDS
0 Elderly Persons LI or MOD 0 Elderly Persons LI or
MOD
0 Illiterate Adults LI 0 Illiterate Adults LI
0 Severely LI 0 Severely Disabled Adults LI
Disabled Adults
0 Quarter Total 0 YTD Total
8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category.
Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range
Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED
served this Quarter who fall into each income category persons served since October 1 (YTD)who fall into
(the total should equal the total in question#6): each income category (the total should equal the total
in question#6):
COLLIER COUNTY HOUSING AUTHORITY
CD21-04
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! 117 ,
a ELI Extremely Low Income(0-30%) 0 b ELI Extremely Low 0
Income(0-30%)
LI Low Income(31-50%) 0 LI Low Income 0
MOD Moderate Income(51-80%) 0 MOD Moderate Income 0
(51-80%)
NON-L/M Above Moderate Income(>80%) 0 NON-L/M Above Moderate 0
Income(>80%)
Quarter Total 0 YTD Total 0
9. Is this project in a Low/Mod Area(LMA)? YES NO
Was project completed this quarter? YES NO If yes,complete all of this section 9.
Date project completed
Block Group Census Tract Total Beneficiaries Low/Mod Low/Mod Percentage
Beneficiaries
0 0 0 0 0
Date LMA Narrative approved by CHS?
What documentation supports project completion? (i.e.,
Certificate of Completion or Certificate of Occupancy,
etc.)
10. Racial&Ethnic Data(if applicable)
Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients
clients served this Quarter fall into each race served since October(YTD)fall into each race category. In
category.In addition to each race category,please addition to each race category please indicate how many
indicate how many persons in each race category persons in each race category consider themselves
consider themselves Hispanic. (Total Race column Hispanic. (Total Race column should equal the total in
should equal the total in question 6.) question 6.)
a. RACE ETHNICITY b. RACE ETHNICITY
/HISPANIC /HISPANIC
White 0 0 White 0 0
Black/African American 0 0 Black/African American 0 0
Asian 0 0 Asian 0 0
American Indian/Alaska Native 0 0 American Indian/Alaska 0 0
Native
Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific 0 0
Islander
Black/African American&White 0 0 Black/African American& 0 0
White
American Indian/Alaska Native& 0 0 American Indian/Alaska 0 0
Black/African American Native&Black/African
American
Other Multi-racial 0 0 Other Multi-racial 0 0 _
0 0 0 0
Name:
Signature:
Title:
Your typed name here represents your electronic signature
COLLIER COUNTY HOUSING AUTHORITY
CD21-04
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1 6 D 7
EXHIBIT D
INCOME CERTIFICATION
INSTRUCTIONS
Complete this form and retain appropriate supporting documentation proving CDBG assistance
to an eligible beneficiary. Please retain in your organization's records and have on hand for
future monitoring visits.
Effective Date:
A. Household Information
Member Names—All Household Members Relationship Age
1
2
3
4
5
6
7
8
B. Assets: All Household Members,Including Minors
Member Asset Description Cash Value Income
from Assets
1
2
3
4
5
6
7
8 0.00
Total Cash Value of Assets B(a) 0.00
Total Income from Assets B(b) 0.00
If line B(a) is greater than $5,000,multiply that amount by the rate specified
by HUD(applicable rate 0 .06%) and enter results in B(c), otherwise leave
blank. B(c)
COLLIER COUNTY HOUSING AUTHORITY
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16D �
C. Anticipated Annual Income: Includes Unearned Income and Support Paid on
Behalf of Minors
Member Wages/ Benefits/ Public Other Asset
Salaries Pensions Assistance Income Income
(include tips,
commissions, (Enter the
bonuses,and greater of
overtime) box B(b) or
1 box B(c),
2 above, in
3 box C(e)
4 below)
5
6
7
8
Totals (a) (b) (c) (d) (e)
0.00 0.00 0.00 0.00
Enter total of items C(a)through C(e). 0.00
This amount is the Annual Anticipated Household Income.
D. Recipient Statement: The information on this form is to be used to determine maximum
income for eligibility. I/we have provided, for each person set forth in Item A, acceptable
verification of current and anticipated annual income. 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 Section 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
COLLIER COUNTY HOUSING AUTHORITY
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E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s)
named in Item A of this Income Certification is/are eligible under the provisions of the
CDBG Program. The family or individual(s)constitute(s)a:
❑ Extremely Low Income (ELI) Household means and individual or family whose annual income
does not exceed 30/50`h of the Very Low Income(60 percent of VLI)percent of the area median
income as determined by the U.S. Department of Housing and Urban Development with
adjustments for household size. (Maximum Income Limit$ ).
❑ Very Low Income (VLI) Household means and individual or family whose annual income does
not exceed 50 percent of the area median income as determined by the U.S.Department of Housing
and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
❑ Low Income (LI) Household means and individual or family whose annual income does not
exceed 80 percent of the area median income as determined by the U.S. Department of Housing
and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
Based on the (year) income limits for the Naples-Marco Island Metropolitan
Statistical Area(MSA)of Collier County,Florida.
Signature of the CDBG Administrator or His/Her Designated Representative:
Signature Date
Printed Name Title
F. Household Data
Number of Persons
By Race/Ethnicity By Age
American Native Other
Indian Asian Black Hawaiian or White 0—25 26-40 41 —61 62+
Other Pac.
Islander
Hispanic
Non-
Hispanic
NOTE: Information concerning the race or ethnicity of the occupants is being gathered for statistical
use only. No beneficiary is required to give such information, and refusal to give such information
will not affect any right he or she has to the CDBG program.
COLLIER COUNTY HOUSING AUTHORITY
CD21-04
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EXHIBIT E
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.332 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 the organization's compliance. In determining Federal
awards expended in a fiscal year, the subrecipient 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) re uirements.
Subrecipient Collier County Housing Authority
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
understand that the audit report contains a written response to the finding(s), we are requesting
an updated status of the corrective action(s) being taken. Please do not provide just a copy of
the written response from your audit report, unless it includes details of the actions, procedures,
policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
06/18
COLLIER COUNTY HOUSING AUTHORITY
CD21-04
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1 607
MEMORANDUM
Date: October 5, 2021
To: Catherine Sherman, Grants Coordinator
Community & Human Services
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: Agreement between Collier County
Collier County Housing Authority—
CDBG Grant Program — Rental Acquisition
Enclosed please find two (2) original of each document referenced above
(Agenda Item #16D7), approved by the Board of County Commissioners on
Tuesday, June 22, 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 252-7240.
Thank you.
Enclosures
1607
FAIN# B-21-UC-12-0016
Federal Award Date 10/2021
Federal Award Agency HUD
CFDA Name Community
Development Block
Grant
CFDA/CSFA# 14.218
Total Amount of Federal $ 579,000
Funds Awarded
Subrecipient Name Collier County Housing
Authority
DUNS# 040977514
FEIN 59-1490555
R&D NA
Indirect Cost Rate NA
Period of Performance October 1, 2021-April
30,2022
Fiscal Year End 2022
Monitor End: 2027
AGREEMENT BETWEEN COLLIER COUNTY
AND
COLLIER COUNTY HOUSING AUTHORITY
CDBG Grant Program—Rental Acquisition
THIS AGREEMENT is made and entered into this 0.2 day of�,WL 20A by and between Collier
County, a political subdivision of the State of Florida, (COUNTY) having its principal address at 3339 E
Tamiami Trail, Naples FL 34112, and Collier County Housing Authority (SUBRECIPIENT), a a public
body corporate and politic, created and existing under and by virtue of the laws of the State of
Florida, Chapter 421 having its principal office at 1800 Farm Worker Way, Immokalee,FL 34142.
WHEREAS, the COUNTY has entered into an Agreement with the United States Department of
Housing and Urban Development(HUD)for a grant for the execution and implementation of a Community
Development Block Grant(CDBG) Program in certain areas of Collier County, pursuant to Title I of the
Housing and Community Development Act of 1974(as amended); and
WHEREAS,the Board of County Commissioners of Collier County(Board)approved the Collier
County Consolidated Plan — One-year Action Plan for Federal Fiscal Year 2021-2022 for the CDBG
Program with Resolution 2021- 1.5 on June 2021 —Agenda Item ; and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans,the COUNTY advertised the 2021-2022 Annual
Action Plan, on May 1, 2021, with a 30-day Citizen Comment period from May 1, 2021 to June 1, 2021;
and
COLLIER COUNTY HOUSING AUTHORITY
CD21-05 (7)
CCHA Rental Acquisition Page 1 A,
1607 .
WHEREAS,the SUBRECIPIENT has submitted a proposal for participation in the Collier County
CDBG program; and
WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in undertaking the CDBG project—(CD21-05)CCHA Rental Acquisition.
NOW,THEREFORE,in consideration of the mutual benefits contained herein,it is agreed by the
Parties as follows:
PART I
SCOPE OF WORK
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required
as a condition of providing CDBG assistance as provided herein and, as determined by Collier County
Community and Human Services (CHS)Division, perform the tasks necessary to conduct the program as
follows:
Project Name: CCHA Rental Acquisition
Description of project and outcome: Acquire a 30 unit building in Immokalee, or two(2) duplex
units in Collier County,Florida to assist qualified low-to moderate-income housing participants.
Project Component One: Property Acquisition
Project Component Two: Closing Costs
The property will be deed restricted for ten(10)years commencing on the date of initially meeting
one of the National Objectives, in accordance with 24 CFR 570.505, if applicable.
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
CCHA Rental Acquisition project.
B. The following resolutions and policies must be submitted within sixty (60) days of this
Agreement:
• Affirmative Fair Housing Policy
• Affirmative Action/Equal Opportunity Policy
• Conflict of Interest Policy
• Procurement Policy
• Uniform Relocation Act Policy
COLLIER COUNTY HOUSING AUTHORITY
CD21-05
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1607 ,
® Sexual Harassment Policy
Section 3 Policy
• Section 504/ADA Policy
• Fraud, Waste, and Abuse Policy
• Language Assistance and Planning Polity (LAP)
• Violence Against Women Act(VAWA)Policy
• LGBTQ Policy
C. Environmental Review Requirement (ERR) - No program costs can be incurred until an
environmental review of the proposed project is completed and approved. Further, the
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.
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, in writing, at least 14 days,
prior to the training.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Description Federal Amount
Project Component 1: Property Aquisition $579,000
Total Federal Funds: $579,000
The SUBRECIPIENT will accomplish the following checked project tasks:
Pay all closing costs related to property conveyance
® Maintain beneficiary income certification documentation, and provide to the COUNTY as
requested
▪ Maintain and provide National Objective Documentation
• Provide Quarterly Reports on National Objective and project progress
® Ensure attendance by a representative from executive management at scheduled
partnership meetings, as requested by CHS
❑ Ensure attendance by SUBRECIPIENT and General Contractor at Pre-Construction
meetings, prior to SUBBRECIPIENT issuance of Notice to Proceed (NTP)
® Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation
COLLIER COUNTY HOUSING AUTHORITY
CD21-05
CCHA Rental Acquisition Page 3
I 6 D 7
❑ Identify Lead Project Manager
❑ Provide Site Design and Specifications
❑ Comply with Davis-Bacon Labor Standards
• Comply with Section 3 and maintain documentation
Provide certified payroll weekly throughout construction and rehabilitation
• Comply with Uniform Relocation Act(URA), if necessary
® Ensure applicable numbers of units are Section 504/ADA accessible
• Ensure the applicable continued use period for the project is met
B. National Objective
The CDBG program funds awarded to Collier County must benefit low-moderate income persons
(LMI). As such, the SUBRECIPIENT shall ensure that all activities and beneficiaries meet the
definition of:
❑ LMA—Low/Mod Area Benefit
❑ LMC—Low/Mod Clientele Benefit
• LMH—Low/Mod Housing Benefit
❑ LMJ—Low/Mod Job Benefit
LMA: Must document where at least 51 percent of the residents are LMI persons, based
on HUD determined eligible census tracts. Failure to achieve the national objective under this
Agreement will require repayment of the CDBG investment under this Agreement.
LMC: Must document that at least 51 percent of persons served, are low- to moderate-
income persons or households, in order to meet a CDBG National Objective.Failure to achieve the
national objective under this Agreement will require repayment of the CDBG investment under this
Agreement.
LMH: Must document providing or improving permanent residential structures, which
upon completion will be occupied by LMI households. Structures with three or more units must
contain at least 51 percent occupied by LMI households, and structures with less than three units
must be occupied by 100 percent LMI households. Failure to achieve the national objective under
this Agreement will require repayment of the CDBG investment under this Agreement.
LMJ: Must document job creation and retention. The LMI benefit national objective
addresses activities designed to create or retain permanent jobs, at least 51 percent of which
(computed on a full-time equivalent basis) will be made available to or held by LMI persons.
Failure to achieve the national objective under this Agreement will require repayment of the CDBG
investment under this Agreement.
C. Performance Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Special Grant Condition Policies Policies as stated in this Within sixty(60)days of
(Section 1.1) Agreement Agreement execution
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Insurance Insurance Certificate Within 30 days of Agreement
execution and Annually within
thirty(30)days of renewal
Detailed Project Schedule Project Schedule N/A
Project Plans and Specifications Site Plans and Specifications N/A
Subcontractor Log Subcontractor Log N/A
Progress Report Exhibit C Quarterly reports.Annually after
closeout.
Section 3 Report Quarterly report of new hire Quarterly; within 10 days
information following the end of the quarter.
Annually after closeout.
Davis-Bacon Act Certified Weekly Certified Payroll N/A
Payroll reports, forms, and supporting
documentation
Annual Audit Monitoring Exhibit E Annually,within 60 days after
Report then end of the FY end
Financial and Compliance Audit Audit,Management Letter, and Annually: nine(9)months after
Supporting Documentation FY end for Single Audit OR one
hundred eighty(180) days after
FY end
Continued Use Certification Continued Use Affidavit, if Annually; for five(5)years after
applicable meeting the National Objective
Capital Needs Assessment Plan Plan approved by the COUNTY Initial Plan due after completion
of construction. Annually
through the period of continued
use
Program Income Reuse Plan Plan Approved by the COUNTY N/A
D. Payment Deliverables
Payment Deliverable Payment Supporting Documentation Submission Schedule
Project Component 1: Property Submission of supporting documents Monthly submission
Acquisition must be provided as backup, as evidenced within 30 days of the
by purchase agreement, closing prior month
documents,bank statements, invoices,
and any other additional documentation
as requested.
10%retainage released upon receipt of all
required supporting documentation and
satisfactory monitoring report and
meeting the National Objective.
Final 10 percent of award amount will be paid upon completion of final monitoring clearance and
documentation of meeting the National Objective. Failure by the SUBRECIPIENT to achieve the National
Objective will require repayment of the CDBG investment under this Agreement.
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1.3 PERIOD OF PERFORMANCE
SUBRECIPIENT services shall begin on October 1, 2021 and shall end on April 30,2022.
The County Manager or designee may extend the term of this Agreement for a period of up to 180
days after the end of the Agreement. Extensions must be authorized, in writing,by formal letter to
the SUBRECIPIENT.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available FIVE HUNDRED SEVENTY NINE THOUSAND AND
ZERO CENTS ($579,000.00) for use by the SUBRECIPIENT, during the term of the Agreement
(hereinafter, shall be referred to as the"Funds").
Modification to the`Budget and Scope"may only be made if approved in advance.Budgeted fund
shifts among line items shall not be more than 10 percent of the total funding amount and shall not
signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only
be made with Board of County Commissioners(Board)approval.
The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible
costs;and all disbursement requests must be limited to the amount needed at the time of the request.
SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred
during the term of this Agreement. Invoices for work performed are required every month. If no
work has been performed during that month, or if SUBRECIPIENT is not yet prepared to send the
required backup,a$0 invoice is required.Explanations may be required if two consecutive months
of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT,when requested,as
work progresses but not more frequently than once per month. Reimbursement will not occur if
SUBRECIPIENT fails to perform the minimum level of service required by this Agreement.
Final invoices are due no later than 90 days after the end of the Agreement.Work performed during
the term of the program but not invoiced within 90 days after the end of the Agreement may not be
processed without written authorization from the Grant Coordinator.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requirements, including timely submission of Performance
Deliverables contained in Section 1.2.C. Late submission of deliverables may cause payment
suspension of any open pay requests until the required deliverables are received by CHS. Except
where disputed for noncompliance, payment will be made upon receipt of a properly completed
invoice, and in compliance with §218.70, Florida Statutes, otherwise known as the "Local
Government Prompt Payment Act."
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1.5 COST PRINCIPLES
Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost
allowability, found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section
(Section 1.5-Cost Principles)of the 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 may only incur direct costs that may be attributed
specifically to the project(s)referenced above,as defined in 2 CFR 200.413.The SUBRECIPIENT
must provide adequate documentation for validating costs incurred. Payments to
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
Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles.A Developer is
not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart E and may
impose requirements upon the Developer, to remain compliant with COUNTY's obligation to
follow 2 CFR Subpart E.The Developer will use adequate internal controls and maintain necessary
source documentation for all costs incurred and adhere to any other accounting requirements
included in this Agreement.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice
delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and
other written communications under this Agreement shall be addressed to the individuals in the
capacities indicated below,unless otherwise modified by subsequent written notice.
COLLIER COUNTY ATTENTION: Name, Grant Coordinator
Collier County Government
Community and Human Services Division
3339 E Tamiami Trail, Suite 211
Naples,Florida 34112
Email: xxxxxxxxxxxxxxxxxxx@colliercountyfl.gov
Telephone: (239)252-xxxx
SUBRECIPIENT ATTENTION: Oscar Hentschel, Executive Director
COLLIER COUNTY HOUSING AUTHORITY
1800 Farm Worker Way
Immokalee,Florida 34142
Email: oentschel@cchafl.org
Telephone: (239) 657-3649
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PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
At any time during normal business hours and as often as the COUNTY(and/or its representatives)
may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit all
records, documentation, and any other data relating to all matters covered by the Agreement.
SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its
receipt of the report. SUBRECIPIENT's failure to comply with the above audit requirements will
constitute a violation of this Agreement and may result in the withholding of future payments.
SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with
current COUNTY policy concerning Subrecipient audits 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
The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to
determine compliance with the requirements of this Agreement,the CDBG Program, and all other
applicable laws and regulations. This documentation shall include but is not limited to, the
following:
A. All records required by CDBG regulations.
B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily
would be required by the COUNTY in order to perform the service.
C. 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
procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this
Agreement. Materials identified in the previous sentence shall be in accordance with
generally accepted accounting principles (GAAP), procedures, and practices, which
sufficiently and properly reflect all revenues and expenditures of funds provided directly
or indirectly by this Agreement, 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.
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D. Upon completion of all work contemplated under this Agreement, copies of all documents
and records relating to this Agreement shall be surrendered to CHS, if requested. In any
event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a
readily accessible, permanent, and secured location for three (3) years after the date of
submission of 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, or audit
findings involving these records are resolved. If a SUBRECIPIENT ceases to exist after
the closeout of this Agreement,the COUNTY shall be informed, in writing, of the address
where the records are to be kept,as outlined in 2 CFR 200.337.The SUBRECIPIENT shall
meet all requirements for retaining public records and transfer, at no cost to COUNTY, all
public records in possession of the SUBRECIPIENT upon termination of the Agreement
and destroy any duplicate exempt or confidential public records that are exempt from
public records disclosure requirements. All records stored electronically must be provided
to the COUNTY in a format that is compatible with the COUNTY'S information
technology systems.
IF SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832,
Michael.Cox(a,colliercountyfl.gov, 3299 Tamiami Trail E, Naples
FL 34112.
E. SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Act of
1931, including files containing contractor payrolls, employee interviews, Davis-Bacon
wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records
showing contractor compliance with the Contract Work Hours and Work Safety Law.
Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal
purchasing requirements and other federal requirements for grant implementation.
F. SUBRECIPIENT will be responsible for the creation and maintenance of income eligible
files on clients served, and documentation that all households are eligible under HUD
Income Guidelines. SUBRECIPIENT agrees that CHS shall be the final arbiter on the
SUBRECIPIENT's compliance.
G. SUBRECIPIENT shall document how compliance with the National Objective(s), as
defined in 24 CFR 570.208, and the eligibility requirement(s) under which funding has
been received were accomlished.This includes special requirements,such as necessary and
appropriate determinations as defined in 24 CFR 570.208,income certification,and written
agreements with beneficiaries, where applicable.
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H. SUBRECIPIENT shall provide the public with access to public records on the same terms
and conditions that the COUNTY would provide the records, and at a cost that does not
exceed the cost provided in Chapter 119,Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that 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 eighty (180) days for
Subrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The
COUNTY will conduct an annual financial and programmatic review.
SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop
review of the activities may be conducted in lieu of an on-site visit. The continuation of this
Agreement is dependent upon satisfactory evaluations. Upon request by CHS, the
SUBRECIPIENT shall submit information and status reports required by CHS or HUD, to enable
CHS to evaluate said progress and allow for completion of required reports.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 SUBRECIPIENT'S performance in an attempt to mitigate fraud,waste,
abuse, or non-performance, based on goals and performance standards as stated with all other
applicable laws, regulations, and policies governing the funds provided under this Agreement,
further defined by 2 CFR 200.332.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 necessary
to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this
Agreement, and to provide for the proper and effective management of all Program and Fiscal
activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and
other significant events shall be clearly documented, and the documentation shall be readily
available for monitoring by COUNTY.
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SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees,
and agents for the purpose of monitoring or investigating the performance of the Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent
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 to any
appropriate law enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this Agreement. Penalties may be imposed for failure to implement or to make
acceptable progress on such corrective action plans.
To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy
to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds
from CHS. The escalation policy for noncompliance is as follows:
1. Initial noncompliance may result in COUNTY issuing Findings or Concerns to the
SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action
plan to CHS within 15 days following issuance of the report.
• Any pay requests that have been submitted to CHS for payment will be held
until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to
SUBRECIPIENT, as needed, in order to correct the noncompliance issue.
2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely
manner, the COUNTY may require a portion of the awarded grant funds be
returned to the COUNTY.
• CHS may require upwards of 5 percent of the award amount be returned to the
COUNTY, at the discretion of the Board.
• The SUBRECIPIENT may be denied future consideration, as set forth in
Resolution No. 2013-228.
3. If SUBRECIPIENT 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 CDBG investment for acquisition of the properties conveyed,to be
returned to the COUNTY.
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• CHS may require upwards of 10 percent of the award amount to be returned
to the COUNTY,at the discretion of the Board.
• The SUBRECIPIENT will be considered in violation of Resolution No.2013-
228.
4. If after repeated notification, SUBRECIPIENT continues to be substantially
noncompliant,CHS may recommend the Agreement or award be terminated.
• CHS will make a recommendation to the Board to immediately terminate the
Agreement. SUBRECIPIENT will be required to repay all funds disbursed by
CHS for the terminated project. This includes the amount invested by the
COUNTY for the initial acquisition of properties or other activities.
• SUBRECIPIENT will be considered in violation of Resolution No.2013-228.
If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be
noncompliant, the above sanctions may be imposed across all awards at the Board's
discretion.
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this Agreement,and on the resolution of monitoring findings identified pursuant to this
Agreement,as deemed necessary by the County Manager or designee.
During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the
COUNTY on the 10th day of January, April,July, and October, respectively, for the prior quarter
period end. As part of the report submitted in October, the SUBRECIPIENT agrees to include a
comprehensive final report covering the agreed-upon Program objectives, activities, and
expenditures including but not limited to, performance data on client feedback with respect to the
goals and objectives set forth in Exhibit C,which contains an example reporting form to be used in
fulfillment of this requirement. Other reporting requirements may be required by the County
Manager or designee if the Program changes,the need for additional information or documentation
arises, and/or legislative amendments are enacted. Reports and/or requested documentation not
received by the due date shall be considered delinquent and may be cause for default and
termination of this Agreement.
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY,which consent, if given at all, shall be at the COUNTY's sole discretion and judgment.
3.2 GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants), including subpart K of these regulations, except that(1)
SUBRECIPIENT does not assume the COUNTY's environmental responsibilities described in 24
CFR 570.604; (2) SUBRECIPIENT does not assume the COUNTY's responsibility for initiating
the review process under the provisions of 24 CFR Part 52; (3) SUBRECIPIENT is required to
follow the federal procurement process; and (4) for Developers, revenue generated is not
considered program income.The CDBG program was funded through the Housing and Community
Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable
laws, regulations, and policies governing the funds provided under this Agreement. The
SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement
rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating
or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT
shall always remain an"independent contractor"with respect to the services to be performed under
this Agreement. The COUNTY shall be exempt from payment of all Unemployment
Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation
Insurance, as the SUBRECIPIENT is independent from the COUNTY.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a
duly authorized representative of each organization,and approved by the 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 for other reasons. If such
amendments result in a change in the funding,the scope of services,or schedule of the activities to
be undertaken as part of this Agreement, such modifications will be incorporated only by written
amendment, signed by both COUNTY and SUBRECIPIENT.
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3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from HUD CDBG grant funds and must be
implemented in full compliance with all of HUD's rules and regulations and any agreement
between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event
of curtailment or non-production of said federal funds,or the reduction of funds awarded by HUD
to the COUNTY, to a level determined by the County Manager to be insufficient to adequately
administer the project, the financial resources necessary to continue to pay the SUBRECIPIENT
all or any portion of the funds will not be available. In either event,the COUNTY may terminate
this Agreement,which shall be effective as of the date that it is determined by the County Manager
or designee, in his/her sole discretion and judgment, that the funds are no longer available. In the
event of such termination,the SUBRECIPIENT agrees that it will not look to,nor seek to hold the
COUNTY, nor any individual member of the County Commissioners and/or County
Administration, personally liable for the performance of this Agreement, and the COUNTY shall
be released from any further liability to SUBRECIPIENT under the terms of this Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law,the SUBRECIPIENT shall indemnify and hold
harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act or omission, including
but not limited to reasonable attorneys' and paralegals'fees,to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents,
officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any
persons acting under the direction, control, or supervision of the SUBRECIPIENT in the
performance of this Agreement. This indemnification obligation shall not be construed to negate,
abridge,or reduce any other rights or remedies,which otherwise may be available to an indemnified
party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses
of any nature whatsoever in connection therewith and shall defend all suits in the name of the
COUNTY and shall pay all costs(including attorney's fees)and judgments which may issue there-
on. This Indemnification shall survive the termination and/or expiration of this Agreement. This
section does not pertain to any incident arising from the sole negligence of COUNTY. The
foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits
set forth in Section 768.28,Florida Statutes.This section shall survive the expiration of termination
of this Agreement.
3.7 GRANTEE RECOGNITION/SPONSORSHIPS
SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements,
descriptions of program sponsorships,research reports,and similar public notices,whether printed
or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the
Program shall include the statement:
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"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY
COMMUNITY AND HUMAN SERVICES DIVISION"
and shall appear in the same size letters or type as the name of SUBRECIPIENT. This design
concept is intended to disseminate key information to the general public regarding the development
team, as well as Equal Housing Opportunity. Construction signs shall comply with applicable
COUNTY codes.
3.8 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 for such
termination,the effective date,and in the case of partial terminations,the portion to be terminated.
However,in the case of a partial termination,if the COUNTY determines that the remaining portion
of the award will not accomplish the purpose for which the award was made, the COUNTY may
terminate the award in its entirety.This Agreement may also be terminated by the COUNTY,if the
award no longer effectuates the program goals or grantor agency priorities.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement, in compliance with 2 CFR 200,Appendix II(A):
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 the SUBRECIPIENT relating to the project.
In the event of any default by SUBRECIPIENT under this Agreement,the COUNTY may seek any
combination of one or more of the following remedies, in compliance with 2 CFR 200, Appendix
II(B):
A. Require specific performance of the Agreement, in whole or in part.
B. Require the use of, or change in,professional property management.
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C. Require SUBRECIPIENT to immediately repay to the COUNTY all CDBG funds received
under this Agreement.
D. Apply sanctions, if COUNTY determines them 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.
3.9 SUSPENSION AND DEBARMENT
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 an Federal Department or agency; and, that the SUBRECIPIENT 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.
3.10 REVERSION OF ASSETS
In the event of a termination of this Agreement and in addition to any and all other remedies
available to the COUNTY (whether under this Agreement, or at law, or in equity), the
SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of
termination(or expiration)and any accounts receivable attributable to the use of CDBG funds,per
24 CFR 570.503(b)(7).
The COUNTY's receipt of any funds on hand at the time of termination shall not waive the
COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the
funds or property, as the COUNTY may deem necessary. Regulations regarding real property are
subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7).
3.11 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until
all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said
insurance shall be carried continuously during SUBRECIPIENT's performance under the
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, Cost Principles and Audit
Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the
Community Development Block Grant(24 CFR 570 et seq.).
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3.13 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through
200.327)and Collier County's Procurement Ordinance#2017-08,as amended.Current purchasing
thresholds are:
Range: Competition Required
$0- $50,000 3 Written Quotes
$50,001+ Formal Solicitation(ITB,RFP, etc.)
In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall
provide a preference for the purchase,acquisition,or use of goods,products,or materials produced
in the United States.
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 200.323.
All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT
employees, or put out to competitive bidding, under a procedure acceptable to COUNTY and
Federal requirements. The SUBRECIPIENT shall enter into contracts for improvements with the
lowest, responsible, and qualified bidder. In accordance with 2 CFR 200.323, 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 200.323.Contract administration shall be conducted by the SUBRECIPIENT and monitored
by CHS,which shall have access to all records and documents related to the Project.
3.14 PROGRAM GENERATED INCOME
No Program Income is anticipated.However,if Program Income is derived from the use of CDBG
funds disbursed under this Agreement, such Program Income shall be utilized by the
SUBRECIPIENT for CDBG-eligible activities approved by COUNTY. Any Program Income (as
such term is defined under applicable Federal regulations) gained from any activity of the
SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual
Program Income Re-use Plan, utilized by the SUBRECIPIENT accordingly, and shall be in
compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When
Program Income is generated by an activity that is only partially assisted by CDBG funds,
the income shall be prorated to reflect the percentage of CDBG funds used. If there is a
Program Income balance at the end of the Program Year, such balance shall revert to the
COUNTY's Community Block Grant Program,for further reallocation.
Rental Housing: Rental housing acquired,rehabilitated,or otherwise improved with CDBG funds
is subject to Program Income. For rental housing, program income is the gross revenue generated
by the housing unit, which may be reduced by the operating costs associated with generating the
income. The COUNTY considers utilities, property insurance, maintenance, and property
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management to be operating costs that may be subtracted from gross revenue to determine net
program income. For each funded project,the SUBRECIPIENT must submit for the COUNTY's
approval a list of proposed costs incidental to the generation of the program income.
Additionally, during the continued use period, real property under the SUBRECIPIENT'S control
that was acquired or improved, in whole or in part,with CDBG funds shall be used to meet one of
the CDBG National Objectives pursuant to 24 CFR 570.208, as referenced in section 3.14 (Grant
Closeout Procedures) of this Agreement. If the SUBRECIPIENT sells, transfers, disposes of, or
otherwise fails to continue to use the CDBG-assisted real property in a manner that meets a CDBG
National Objective,the SUBRECIPIENT shall pay the COUNTY an amount equal to 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 CDBG and non-CDBG
funds expended for the original acquisition of or improvement to the property, under the terms of
this Agreement. Such payment shall constitute program income to the COUNTY.
3.15 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 five (5)
year continued use period has been met (for public services, "after the expiration of the
Agreement"). The continued use period shall commence with the later of the SUBRECIPIENT
meeting the National Objective or the recording of lien and/or deed restriction documentation.
Activities during this closeout period shall include, but are not limited to making final payments;
disposing of program assets (including the return of all unused materials, equipment, program
income balances, and receivable accounts to the COUNTY); and determining the custodianship of
records.In addition to the records retention outlined in Part 2.2,the SUBRECIPIENT shall comply
with Section 119.021,Florida Statutes,regarding records maintenance,preservation,and retention.
A conflict between state and federal 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 exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this
Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and
information complying with Section 215.97, Florida Single Audit Act. Closeout procedures must
take place in accordance with 2 CFR 200.344.
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, to the greatest extent feasible, eligible
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business concerns located in or owned in substantial part by persons residing in the project areas
shall be awarded contracts in connection with the project.The SUBRECIPIENT shall comply with
Section 3 of the Housing and Community Development Act of 1968.
3.17 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 that is at least 51 percent owned and
controlled by minority group members or women. For the purpose of this defmition, "minority
group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage
Americans, Asian-Americans, and American Indians. The SUBRECIPIENT may rely on written
representations by businesses regarding their status as minority and women's business enterprises,
in lieu of an independent investigation.
3.18 PROGRAM BENEFICIARIES
If the Agreement is meeting a National Objective through an LMI strategy, at least 51 percent of
the beneficiaries of a project funded through this Agreement must be low- and moderate- income
persons, or presumed to be low- to moderate- income persons based on applicable regulation.
Determination of income eligibility is based on the annual income of the family or household.This
Agreement conforms to the definition of Annual Income, per 24 CFR 570.3(1)(i), where Annual
income is defined under the Section 8 Housing Assistance Payments. Details for calculating the
Annual Income are contained in 24 CFR 5.609, with practical instructions contained in HUD
Handbook 4350.3,Chapter 5.
If the project is located in an entitlement city as defined by HUD, or serves beneficiaries
countywide,more than 30 percent of the beneficiaries directly assisted under this Agreement must
reside in unincorporated Collier County or in municipalities participating in the COUNTY's Urban
County Qualification Program. The project shall assist beneficiaries as defined above for the time
period designated in Exhibit C of this Agreement.
3.19 AFFIRMATIVE ACTION
The SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program
pursuant to the COUNTY's specifications,in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966. The SUBRECIPIENT shall submit a plan for an
Affirmative Action Program for approval prior to the award of funds. The Affirmative Action
Program will need to be updated throughout the continued use period and must be submitted to the
COUNTY within 60 days of any update/modification.
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3.20 CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ, who presently exercises any
functions or responsibilities in connection with the Project, has any personal financial interest,
direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner
or degree with the performance of this Agreement,and that no person having any conflict of interest
shall be employed by or subcontracted by SUBRECIPIENT.The SUBRECIPIENT covenants that
it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest," 2 CFR 200.318, and
the State and County statutes,regulations,ordinances,or resolutions governing conflicts of interest.
The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person,or an entity
owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified, and the costs are reasonable.Approval
of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not
intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees.
Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its
contractors shall be disclosed to CHS in writing, provided however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low- and moderate-
income residents of the project target area.
3.21 BYRD ANTI-LOBBYING AMENDMENT
Each tier certifies that the tier above it will not, and has not, used Federally appropriated funds to
pay any person or organization for influencing or attempting to influence the award of Federal
funds, as covered by 31 USC 1352, as more fully described in Section 4.47 of this Agreement.
Contractors who apply or bid for an award of$100,000 or more shall file the required certification.
3.22 RELIGIOUS ORGANIZATIONS
CDBG funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment based on
religion,and will not limit employment or give preference in employment to persons based
on religion.
B. It will not discriminate against any person applying for public services based on religion,
and will not limit such services or give preference to persons based on religion.
C. It will retain its independence from Federal, State, and Local governments and may
continue to carry out its mission, including the definition, practice, and expression of its
religious beliefs, provided it does not use direct CDBG funds to support any inherently
religious activities, such as worship,religious instruction, or proselytizing.
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D. The funds shall not be used for the acquisition,construction,or rehabilitation of structures
to the extent that those structures are used for inherently religious.activities. Where a
structure is used for both eligible and inherently religious activities, CDBG funds may not
exceed the cost of those portions of the acquisition, construction,or rehabilitation that are
attributable to eligible activities, in accordance with the cost accounting requirements
applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG
funded religious congregation uses as its principal place of worship,however,are ineligible
for CDBG funded improvements.
3.23 INCIDENT REPORTING
If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any
subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect,
or exploitation of a child, aged person, or disabled person.
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.
3.25 MISCELLANEOUS
The SUBRECIPIENT and the COUNTY each binds itself, its partners, successors, legal
representatives, and assigns of such other party in respect to all covenants of this Agreement.
The SUBRECIPIENT represents and warrants that the financial data,reports,and other information
on the Project it furnished to the COUNTY are accurate and complete, and financial disclosures
fairly represent the financial position of the SUBRECIPIENT.
The SUBRECIPIENT certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this
Agreement. The SUBRECIPIENT also certifies that the undersigned person has the authority to
legally execute and bind the SUBRECIPIENT to the terms of this Agrement.
The Grant Documents shall be construed in accordance with and governed by the laws of the State
of Florida,without giving effect to its provisions regarding choice of laws.
All activities authorized by this Agreement shall be subject to and performed in accordance with
the provisions of the terms and conditions of the Agreement between the COUNTY, the
Regulations, all applicable federal, state, and municipal laws, ordinances, regulations, orders, and
guidelines, including but not limited to any applicable regulations issued by the DIVISION.
Electronic Signatures. This Agreement,and related documents entered into in connection with this
Agreement are signed when a party's signature is delivered by facsimile, e-mail, or any other
electronic medium. These signatures must be treated in all respects as having the same force and
effect as original signatures.
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title24/24cfr570 main 02.tpl
4.2 24 CFR 58 -The regulations prescribing the Environmental Review procedure.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=1 acdb92f3 b05c3f285dd76c26d 14f54e&mc=true&node=pt24.1.5 8&rgn=div5
4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended
https://www.hud.gov/program_offices/comm_planning/communitydevelopment/rulesandregs/law
s/sec5309
4.4 The Fair Housing Act(42 U.S.C. 3601-20)Reasonable Accommodations Under the Fair Housing
Act.https://www.hud.gov/sites/documents/DOC_7771.PDF
https://www.justice.gov/crt/fair-housing-act-1
Executive Order 11063 —Equal Opportunity in Housing https://www.archives.gov/federal-
register/codification/executive-order/11063.htm 1
Executive Order 11259-Leadership&Coordination of Fair Housing in Federal Programs
https://www.archives.gov/federal-register/cod ification/executive-order/12259.htm 1
24 CFR Part 107 -Non-Discrimination and Equal Opportunity in Housing under E.O.
https://www.law.cornell.edu/cfr/text/24/part-107
4.5 Title VI of the Civil Rights Act of 1964 as amended,Title VIII of the Civil Rights Act of 1968, as
amended https://www.hud.gov/programdescription/title6
4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
https://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vo13-sec570-
602.pdf
4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations. EO 11246:
https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended
EO 11375 and 12086: see item#8 below
4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972,42 USC§2000e,et.seq.The SUBRECIPIENT will,in all solicitations or advertisements for
employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or
Affirmative Action employer.
https://www.hud.gov/programdescription/title6
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4.9 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD
Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all
applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a
condition of the Federal financial assistance provided under this Agreement and binding upon the
COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through which Federal
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
The SUBRECIPIENT further agrees to comply with these"Section 3"requirements and to include
the following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a program providing
direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires
that,to the greatest extent feasible,opportunities for training and employment be given to low-and
very low-income residents of the project area, and that contracts for work in connection with the
project be awarded to business concerns that provide economic opportunities for low- and very
low-income persons residing in the metropolitan area in which the project is located."
The SUBRECIPIENT further agrees to ensure that opportunities for training and employment
arising in connection with a housing rehabilitation (including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project are given to low-
and very low-income persons residing within the metropolitan area in which the CDBG-funded
project is located; where feasible, priority should be given to low- and very low-income persons
within the service area of the project or the neighborhood in which the project is located, and to
low- and very low- income participants in other HUD programs; and award contracts for work
undertaken in connection with a housing rehabilitation(including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project to business
concerns that provide economic opportunities for low- and very low-income persons residing
within the metropolitan area in which the CDBG-funded project is located;where feasible,priority
should be given to business concerns that provide economic opportunities to low- and very low-
income residents within the service area or the neighborhood in which the project is located,and to
low- and very low-income participants in other HUD programs.
https://www.hud.gov/sites/documents/DOC_12047..P.DF
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr135 main 02.tpl
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4.10 Age Discrimination Act of 1975,Executive Order 11063,and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107 and 12086.
Age Discrimination Act of 1975
https://www.law.cornell.edu/uscode/text/42/chapter-76
11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.htm
11375: Amended by EO 11478
11478: https://www.archives.gov/federal-register/codification/executive-order/11478.html
12107: https://www.archives.gov/federal-register/codification/executive-order/12107.html
12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html
4.11 Contract Work Hours and Safety Standards Act,40 USC 327-332.
https://www.dol.gov/whd/regs/statutes/safe01.pdf
4.12 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5),24 CFR 570.614 Subpart K.
Section 504: https://www.epa.gov/ocr
29 USC 776: https://law.onecle.com/uscode/29/776.html
24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudap
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
https://www.fhwa.dot.gov/real estate/uniform_act/index.cfm
4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all
construction contracts funded by CDBG.
Davis-Bacon Act: 42 USC 276a to 40 USC 276a:
https://uscode.house.gov/view.xhtml?req=granul eid:USC-1999-tit1e40-section276a-
7&num=0&edition=1999
29 CFR Part 3 -Contractors and Subcontractors on public building or Public Work Financed,in
whole or in part, by Loans or Grants from the United States
https://www.law.comell.edu/cfr/text/29/part-3
29 CFR Part 5 -Labor Standards Provisions Applicable to Contracts Covering Federally Financed
and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract
Work Hours and Safety Standards Act)
https://www.law.cornell.edu/cfr/text/29/part-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally
assisted projects. https://www.presidency.ucsb.edu/ws/index.php?pid=23675
4.16 As a supplement to the Davis-Bacon Act requirements,the SUBRECIPIENT agrees to comply with
the "Copeland Anti-Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or
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subcontractors from inducing an employee to relinquish any part of his/her compensation, under
the federally-funded contract.
18 U.S.C. 874 https://www.govinfo.gov/content/pkg/USCODE-2010-title18/pdf/USCODE-2010-
title1.8.pdf
40 U.S.C. 276c https://uscode.house.gov/view.xhtmi?req=granuleid:USC-1999-title40-
section276c&num=0&edition=1999
4.17 Executive Order 11625 and U.S.Department of Housing and Urban Development Circular Letter
79-45 -which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise.
https://www.archives.gov/federal-register/codification/executive-order/11625.html
4.18 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws,regulations,and executive orders referenced in 24 CFR 570.607,as
revised by Executive Order 13279.The applicable non-discrimination provisions in Section 109 of
the Housing and Community Development Act(HCDA)are still applicable.
24 CFR 570.607:
https://www.ecfr.gov/cgi-bin/text-
idx?SID=9eae3f8eaa991 f0411 f383b74003bcb 1&mc=true&node=pt24.3.570&rgn=div5#se24.3.5
701607
E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm
4.19 Public Law 100-430-the Fair Housing Amendments Act of 1988.
https://www.ncbi.nlm.nih.gov/pubmed/1.2289709
4.20 2 CFR 200 et seq-Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title02/2cfr200 main_02.tp1
4.21 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;2)extend or renew a contract to procure or obtain;3)enter into
a contract(or extend or renew a contract)to procure or obtain equipments,services,or systems that
use(s) covered telecommunications equipment or services as a substantial component of any
system,or as critical technology as part of any system.
4.22 Immigration Reform and Control Act of 1986
https://www.eeoc gov/eeoc/h i story/3 5th/thel aw/irca.html
4.23 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give,
either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any
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COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05, as amended,and County Administrative Procedure 5311.
Florida Statutes-
https://www.lawserver.com/law/state/florida/statutes/florida statutes_chapter_112_part_iii
Collier County-
http://www.colliergov.net/home/showdocument?id=35137
4.24 Order of Precedence-In the event of any conflict between or among the terms of any of the Contract
Documents,the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except that the terms of any Supplemental Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
4.25 Venue-Any suit of action brought by either party to this Agreement against the other party,relating
to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in
Collier County,FL which courts have sole jurisdiction on all such matters. (No reference required
for this item).
4.26 Dispute Resolution-Prior to the initiation of any action or proceeding permitted by this Agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation, and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes.The litigation arising out of this Agreement shall be adjudicated in Collier County,Florida,
if in state court; and the US District Court, Middle District of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
https://www.flsenate.gov/Laws/Statutes/2012/44.102
4.27 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE-
2010-title42/html/USCODE-2010-title42-chap85.htm
https://www.law.cornell.edu/uscode/text/42/chapter-85
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.govinfo.gov/content/pkg/USCODE-2011-title33/pdf/USCODE-2011-title33-
chap26.pdf
https://www.law.cornell.edu/uscode/text/33/ch apter-26
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4.28 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 570.605 Subpart K),the SUBRECIPIENT shall assure that for activities located in an
area identified by FEMA as having special flood hazards,flood insurance under the National Flood
Insurance Program is obtained and maintained.If appropriate,a letter of map amendment(LOMA)
may be obtained from FEMA,which would satisfy this requirement and/or reduce the cost of said
flood insurance.
https://www.law.cornell.edu/cfr/text/24/5 70.605
4.29 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this Agreement shall be subject to the HUD Lead-Based Paint Poisoning
Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo.gov/fdsys/granule/CFR-
2000-title24-vo13/CFR-2000-title24-vol3-sec570-608-id 163
4.30 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800,Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this Agreement.
https://www.nps.gov/history/local-law/nhpa 1 966.htm
https://www.achp.gov/sites/default/fi les/regulations/2017-02/regs-rev04.pdf
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.
https://www.nps.gov/history/local-law/nhpa1966.htm
4.31 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with
the Drug-Free Workplace Act of 1988(41 USC 701).
https://www.gpo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-tit1e41-chap 10-
sec701
4.32 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 the SUBRECIPIENT shall not knowingly
enter into any lower tier contract, or other covered transaction, with a person who is similarly
debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609,
Subpart K.
https://www.archives.gov/federal-register/codification/executive-order/12549.html
4.33 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable
and agrees to adhere to the accounting principles and procedures required therein,utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred. These
requirements are enumerated in 2 CFR 200, et seq.
4.34 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be
submitted to the COUNTY nine(9)months after the end of the SUBRECIPIENT's fiscal year.The
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SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty(180)days after the end of the SUBRECIPIENT'S
fiscal year.Per 2 CFR 200.345,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=5a78addefff9a535e83 fed3010308aef&mc=true&node=se2.1.200 1344&rgn=d.iv8
4.35 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101,shall be subject
to the provisions of CDBG including, but not limited to, the provisions on use and disposition of
property. Any real property within SUBRECIPIENT control, which is acquired or improved, in
whole or part, with CDBG funds in excess of$25,000, must adhere to the CDBG Regulations at
24 CFR 570.505.
https://www.gpo.gov/fdsys/granule/CFR-1999-title49-vol l/CFR-1999-title49-vol1-sec24-101
https://www.govinfo.gov/app/details/CFR-2012-title24-vo13/CFR-2012-title24-vol3-sec570-505
4.36 As provided in§287.133,Florida Statutes,by entering into this Agreement or performing any work
in furtherance hereof,the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.
This notice is required by § 287.133 (3)(a),Florida Statutes.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display Statute&Search String=&UR
L=0200-0299/0287/Sections/0287.133.html
4.37 No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress,in connection with the awarding of any Federal contract,the making of any Federal grant,
the making of any Federal loan,the entering into of any cooperative agreement,and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions. The undersigned shall require that the language of
this certification be included in the award documents for all sub-awards at all tiers (including
subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
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4.38 Travel reimbursement will be based on the U.S. General Services Administration(GSA) per diem
rates in effect at the time of travel.
https://www.gsa.gov/portal/content/104877
4.39 Equal access in accordance with the individual's gender identity in community planning and
development programs,per 24 CFR 5.106.
https://www.govregs.com/regulations/expand/title24jart5_subpartA_section5.106
4.40 Housing Counseling,including homeownership counseling or rental housing counseling,as defined
in §5.100, required under or provided in connection with any program administered by HUD shall
be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214
to provide housing counseling,consistent with 12 U.S.C. 1701x, per 24 CFR 5.111.
hops://www.ecfr.gov/cgi-bin/text-
idx?SID=e339ece9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6
https://wvvw.law.cornell.edu/cfiltext/24/5.111
4.41 HUD Final Rule—Implementation of the Violence Against Women Reauthorization Act of 2013
which applies for all victims of domestic violence, dating violence, sexual assault, and stalking,
regardless of sex, gender identity,or sexual orientation, and which must be applied consistent
with all nondiscrimination and fair housing requirements.
https://www.federalregister.gov/documents/2016/11/16/2016-25 888/violence-against-women-
reauthorization-act-of-2013-implementation-in-hud-housing-programs
4.42 Any rule or regulation determined to be applicable by HUD.
4.43 Florida Statute 448.095 Employment Eligibility.Per Florida Statute 448.095(3),all Florida private
employers are required to verify employment eligibility for all new hires beginning January 1,
2021. Eligibility determination is not required for continuing employees hired prior to January 1,
2021.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=D isplay_Statute&URL=0400-
0499/0448/0448..html
4.44 Florida Statutes 713.20,Part 1,Construction Liens
https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-
0799/0713/0713.html
4.45 Florida Statutes 119.021 Records Retention
http://www.leg.state.fl.us/Statutes/index.cfin?App mode=Display Statute&IIRL=0100-
0199/0119/Sections/0119.021.html
4.46 Florida Statutes, 119.071,Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfin?App_mode=Display Statute&URL=0100-
0199/0119/Sections/0119.071.html
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4.47 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.
4.48 Equal Treatment of Faith-Based Organizations: By regulation, HUD prohibits all recipient
organizations from using financial assistance from HUD to fund explicitly religious activities. The
SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see
https://oip.gov/about/ocr/partnerships.htm. Discrimination on the basis of religion in employment
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 HUD funds while taking
into account religion when hiring staff. Questions in this regard should be directed to the Office
for Civil Rights.
4.49 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://o_ip.gov/about/ocr/pdfs/UseoMonviction_Advisory.pdf for more details.
4.50 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.
4.51 False Claim;Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any
credible evidence that a principal,employee,agent, contractor, subgrantee, subcontractor, or other
person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery,
gratuity, or similar misconduct involving subaward agreement funds
4.52 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
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utilized in support of any partisan political activities or activities for or against the election of a
candidate for an elected office.
4.53 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD 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 HUD and to establish
workplace safety policies and conduct education,awareness,and other outreach to decrease crashes
caused by distracted drivers.
4.54 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.
4.55 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT
understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in
support of any contract or subaward to either ACORN or its subsidiaries,without the express prior
written approval of OW.
4.56 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment, or performance of experimental,
developmental,or research work under this funding agreement,the SUBRECIPIENT must comply
with the requirements of 37 CFR Part 401,"Rights of Inventions Made by Nonprofit Organizations
and Small Busines Firms Under Government Grants,Contracts,and Cooperative Agreements,"and
any implementing regulations issued by HUD.
https://www.ecfr.gov/cgi-
bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de761 dc64c0&mc=true&n=pt37.1.401&r
=PART&ty=HTML
(Signature Page to Follow)
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IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY,have each respectively, by an
authorized person or agent, hereunder set their hands and seals on the date first written above.
ATTEST: BOA O UNTY COM SSIONERS OF
CRYSTA KINZEL, CLERK COLL TY, FLO
By:
dot an to Chairman pu PE T LOR, CHA ERSON
SOON!"Only.
• ,r Date: I7-7- IZ
Dated. COLLIER COUNTY HOUSING AUTHORITY
d"(� I
(SEAL) I tear ! /
By:
OSCAR HEN'l 'CHEL, EXECUTIVE
DIRECTOR - �y
Date: g 2 T • 2
Approved as to form and legality:
Jennifer . Belpedio 0.,?
ti/\
Assistant County Attorney O �s\
Date: (p \a a a 1
COLLIER COUNTY HOUSING AUTHORITY
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PART V
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County,c/o Community and Human Services Division,3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Commercial General Liability, including products and completed operations insurance, in the
amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement, in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1 —3 above,a Certificate of Insurance must be provided as follows:
4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out of the
services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this Agreement. This insurance shall be maintained for a period of two (2)years
after the certificate of Occupancy is issued.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its
Subcontractors to provide, original certificates indicating the following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an"All Risk"basis, in an amount not less than one
hundred(100%)percent of the insurable value of the building(s) or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.4001),
the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal
Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under
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the National Flood Insurance Program is obtained and maintained, as a condition of financial
assistance for acquisition or construction purposes(including rehabilitation).
OPERATION/MANAGEMENT PHASE(IF APPLICABLE)
After the Construction Phase is completed and occupancy begins,the following insurance must be kept in
force throughout the duration of the loan and/or Agreement:
7. Workers' Compensation as required by Chapter 440, Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
10. Property Insurance coverage on an"All Risk"basis, in an amount not less than one hundred(100%)
of the replacement cost of the property.Collier County must be shown as a Loss payee,with respect
to this coverage A.T.I.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full
replacement values of the structure(s) or the maximum amount of coverage available through the
National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee
A.T.I.M.A.
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EXHIBIT B
COLLIER COUNTY COMMUNITY&HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SUBRECIPIENT Name: Collier County Housing Authority
SUBRECIPIENT Address: 1800 Farm Worker Way, Immokalee, FL 34142
Project Name: (CD-05)Rental Acquisition
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 Approved
1. Grant Amount Awarded $ $
2. Total Amount of Previous Requests $ $
3. Amount of Today's Request(Net of Retainage, if $ $
applicable)
4. Current Grant Balance (Initial Grant Amount Award $ $
request)(includes Retainage)
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT.To the best of my knowledge and belief,
all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor(Approval required $15,000 and Division Director(Approval Required
above) $15,000 and above)
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EXHIBIT C
QUARTERLY PERFORMANCE REPORT DATA
The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement
and Information System(IDIS).The COUNTY reports information on a quarterly basis.To facilitate in the
preparation of such reports,SUBRECIPIENT shall submit the information contained herein within ten(10)
days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to
enter the information collected on this exhibit into an online grant management system.
Subrecipient Name: Collier County Housing Authority Date:
Project Title: (CD-05)Rental Acquisition IDIS#:
Program Contact: Oscar Hentschel Telephone Number: (239)657-3649
Activity Reporting Period Report Due Date
October 1"—December 31 St January 10th
January 1st—March 31 St April 10th
April 1 St—June 30th July 10th
July 1"—September 30th October 10th
REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period):
12/31/XX 3/31/XX 6/30/XX 9/30/XX
Please note: The HUD Program year begins October 1,20XX—September 30,20XX.Each quarterly report must
include cumulative data beginning from the start of the program year October 1,20XX.
1. Please list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement and indicate your
progress in meeting those goals since October 1,20XX.
a. Outcome Goals: list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement
Outcome 1: Will acquire rental property for low-to-moderate income rental use.
Outcome 2: Renatal units purchased will be rented to low to moderate income tenants.
Outcome 3: Meet the National Objective
b. Goal Progress: Indicate the progress to date in meeting each outcome goal.
Outcome 1: Complied with all Uniform Relocation Act requirements.
Outcome 2: 51%of the units are rented to CDBG income qualified persons
Outcome 3: National Objective is met
2. Is this project still in compliance with the original project schedule: Yes 0 No ❑
If No,Explain:
3. Since October 1,20XX;of the persons assisted,how many...
Answer ONLY for Public Facilities&Infrastructure Activities *03 Matrix Codes
a. ...now have new access(continuing)to this service or benefit? 0
b. ...now have improved access to this service or benefit? 0
c. ...now receive a service or benefit that is no longer substandard? 0
Total 0
4. What funding sources did the SUBRECIPIENT apply for this period?
Section 108 Loan Guarantee $ CDBG $
Other Consolidated Plan Funds $ HOME $
Other Federal Funds $ ESG $
$ HOPWA $
$ Total Entitlement $
Funds
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5. What is the total number of UNDUPLICATED Persons(LMC)or Households(LMH)served this QUARTER,if
applicable? Answer question 5a or 5b;NOT both
For LMC activities: people,race/ethnicity,and income data are reported by persons.
For LMH activities: households,race/ethnicity,and income level are reported by households,regardless
the number of persons in the household.
a. Total No.Persons/Adults served(LMC) 0 Total No.persons served under 18 0
(LMC)
Quarter Total No.of Persons 0 Quarter Total No.of Persons 0
b. Total No. of Households served 0 Total No.of female head of household 0
(LMH)
6. What is the total number of UNDUPLICATED clients served since October, if applicable?
Answer question 6a or 6b,NOT both
For LMC activities:race/ethnicity and income data are reported by persons.
a. Total No.Persons/Adults served(LMC) 0 Total No.Persons served under 18 0
(LMC)
YTD Total: 0 YTD Total 0
b. Total No.Households served(LMH) 0 Total No.female head of household(LMH) 0
YTD Total 0 YTD Total 0
Complete EITHER question 7 or 8,NOT both
Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed
Benefit categories.
7. PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY
(LMC)Quarter (LMC)YTD
Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED
served this quarter who fall into each presumed benefit persons served since October 1 who fall into each
category(the total should equal the total in question#6a presumed benefit category (the total should equal the
or 6b): total in question#6a or 6b):
a Presumed Benefit Activities Onl (LMC)QTR b Presumed Benefit Activities Only(LMC)YTD
0 Abused Children ELI 0 Abused Children ELI
0 Homeless ELI 0 Homeless Person ELI
Person
0 Migrant Farm LI 0 Migrant Farm Workers LI
Workers
0 Battered LI 0 Battered Spouses LI
Spouses
0 Persons LI 0 Persons w/HIV/AIDS LI
w/HIV/AIDS
0 Elderly Persons LI or MOD 0 Elderly Persons LI or
MOD
0 Illiterate Adults LI 0 Illiterate Adults LI
0 Severely LI 0 Severely Disabled Adults LI
Disabled Adults
0 Quarter Total 0 YTD Total
8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category.
Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range
Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED
served this Quarter who fall into each income category persons served since October 1 (YTD)who fall into
(the total should equal the total in question#6): each income category (the total should equal the total
in question#6):
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z1
1bpi
a ELI Extremely Low Income(0-30%) 0 b ELI Extremely Low 0
Income(0-30%)
LI Low Income(31-50%) 0 LI Low Income 0
MOD Moderate Income(51-80%) 0 MOD Moderate Income 0
(51-80%)
NON-L/M Above Moderate Income(>80%) 0 NON-L/M Above Moderate 0
Income(>80%)
Quarter Total 0 YTD Total 0
9. Is this project in a Low/Mod Area(LMA)? YES NO
Was project completed this quarter? YES NO If yes, complete all of this section 9.
Date project completed
Low/Mod
Block Group Census Tract Total Beneficiaries Beneficiaries Low/Mod Percentage
0 0 0 0 0
Date LMA Narrative approved by CHS?
What documentation supports project completion? (i.e.,
Certificate of Completion or Certificate of Occupancy,
etc.)
10. Racial&Ethnic Data(if applicable)
Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients
clients served this Quarter fall into each race served since October(YTD)fall into each race category.In
category.In addition to each race category,please addition to each race category please indicate how many
indicate how many persons in each race category persons in each race category consider themselves
consider themselves Hispanic. (Total Race column Hispanic. (Total Race column should equal the total in
should equal the total in question 6.) question 6.)
a. RACE ETHNICITY b. RACE ETHNICITY
/HISPANIC /HISPANIC
White 0 0 White 0 0
Black/African American 0 0 Black/African American 0 0
Asian 0 0 Asian 0 0
American Indian/Alaska Native 0 0 American Indian/Alaska 0 0
Native
Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific 0 0
Islander
Black/African American&White 0 0 Black/African American& 0 0
White
American Indian/Alaska Native& 0 0 American Indian/Alaska 0 0
Black/African American Native&Black/African
American
Other Multi-racial 0 0 Other Multi-racial 0 0
0 0 0 0
Name:
Signature:
Title:
Your typed name here represents your electronic signature
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EXHIBIT D
INCOME CERTIFICATION
INSTRUCTIONS
Complete this form and retain appropriate supporting documentation proving CDBG assistance
to an eligible beneficiary. Please retain in your organization's records and have on hand for
future monitoring visits.
Effective Date:
A. Household Information
Member Names—All Household Members Relationship Age
1
2
3
4
5
6
7
8
B. Assets: All Household Members,Including Minors
Member Asset Description Cash Value Income
from Assets
1
2
3
4
5
6
7
8 0.00
Total Cash Value of Assets B(a) 0.00
Total Income from Assets B(b) 0.00
If line B(a) is greater than$5,000,multiply that amount by the rate specified
by HUD(applicable rate 0 .06%)and enter results in B(c), otherwise leave
blank. B(c)
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C. Anticipated Annual Income: Includes Unearned Income and Support Paid on
Behalf of Minors
Member Wages/ Benefits/ Public Other Asset
Salaries Pensions Assistance Income Income
(include tips,
commissions, (Enter the
bonuses,and greater of
overtime) box B(b) or
1 box B(c),
2 above, in
3 box C(e)
4 below)
5
6
7
8
Totals (a) (b) (c) (d) (e)
0.00 0.00 0.00 0.00
Enter total of items C(a)through C(e). 0.00
This amount is the Annual Anticipated Household Income.
D. Recipient Statement: The information on this form is to be used to determine maximum
income for eligibility. I/we have provided, for each person set forth in Item A, acceptable
verification of current and anticipated annual income. 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 Section 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. CDBG Grantee Statement: Based on the representations herein, the family or individual(s)
named in Item A of this Income Certification is/are eligible under the provisions of the
CDBG Program. The family or individual(s)constitute(s)a:
❑ Extremely Low Income (ELI) Household means and individual or family whose annual income
does not exceed 30/50th of the Very Low Income (60 percent of VLI) percent of the area median
income as determined by the U.S. Department of Housing and Urban Development with
adjustments for household size. (Maximum Income Limit$ ).
❑ Very Low Income (VLI) Household means and individual or family whose annual income does
not exceed 50 percent of the area median income as determined by the U.S.Department of Housing
and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
❑ Low Income (LI) Household means and individual or family whose annual income does not
exceed 80 percent of the area median income as determined by the U.S. Department of Housing
and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
Based on the (year) income limits for the Naples-Marco Island Metropolitan
Statistical Area(MSA)of Collier County, Florida.
Signature of the CDBG Administrator or His/Her Designated Representative:
Signature Date
Printed Name Title
F. Household Data
Number of Persons
By Race/Ethnicity By Age
American Native Other
Indian Asian Black Hawaiian or White 0—25 26—40 41 —61 62+
Other Pac.
Islander
Hispanic
Non-
Hispanic
NOTE: Information concerning the race or ethnicity of the occupants is being gathered for statistical
use only. No beneficiary is required to give such information, and refusal to give such information
will not affect any right he or she has to the CDBG program.
COLLIER COUNTY HOUSING AUTHORITY
CD21-05
CCHA Rental Acquisition Page 41
I O1
EXHIBIT E
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.332 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 the organization's compliance. In determining Federal
awards expended in a fiscal year, the subrecipient 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) re uirements.
Subrecipient Collier County Housing Authority
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
n met, and a Single Audit as required by 2 CFR Part 200 Subpart F has been completed or will be
completed by . Copies of the audit report and management letter are attached
or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
n ❑ Are a for-profit organization
❑ Are exempt for other reasons — explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit report. While we
❑ understand that the audit report contains a written response to the finding(s), we are requesting
an updated status of the corrective action(s) being taken. Please do not provide just a copy of
the written response from your audit report, unless it includes details of the actions, procedures,
policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
06/18
COLLIER COUNTY HOUSING AUTHORITY
CD21-05
CCHA Rental Acquisition Page 42
i607 .
MEMORANDUM
Date: October 5, 2021
To: Catherine Sherman, Grants Coordinator
Community & Human Services
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: Agreement between Collier County
The Shelter for Abused Women & Children, Inc. —
CDBG Grant Program — Construction/Rehabilitation
Enclosed please find two (2) original of each document referenced above
(Agenda Item #16D7), approved by the Board of County Commissioners on
Tuesday, June 22, 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 252-7240.
Thank you.
Enclosures
! 6 D 7
FAIN # B-20-UC-12-0016
B-21-UC-12-0016
Federal Award Date EST 10/2021
Federal Award Agency HUD
CFDA Name Community
Development Block
Grant
CFDA/CSFA# 14.218
Total Amount of Federal $136,000.00
Funds Awarded
Subrecipient Name Shelter for Abused
Women & Children, Inc.
DUNS# 836680769
FEIN 59-2752895
R&D NA
Indirect Cost Rate NA
Period of Performance October 1, 2021 —
September 30, 2022
Fiscal Year End 6/30
Monitor End: 6/27
AGREEMENT BETWEEN COLLIER COUNTY
AND
THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC.
CDBG Grant Program—Construction/Rehabilitation
THIS AGREEMENT is made and entered into this day of op 20-1 by and between Collier
County, a political subdivision of the State of Florida, (COUNTY having its principal address at 3339 E
Tamiami Trail, Naples FL 34112, and THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC.
(SUBRECIPIENT), a private non-profit organization having its principal office at PO Box 10102,Naples,
Fl 34101.
WHEREAS, the COUNTY has entered into an Agreement with the United States Department of
Housing and Urban Development(HUD)for a grant for the execution and implementation of a Community
Development Block Grant(CDBG) Program in certain areas of Collier County, pursuant to Title I of the
Housing and Community Development Act of 1974(as amended); and
WHEREAS,the Board of County Commissioners of Collier County(Board)approved the Collier
County Consolidated Plan — One-year Action Plan for Federal Fiscal Year 2021-2022 for the CDBG
Program with Resolution 2021- 13\ on June 22, 2021 —Agenda Item 16.D,1 ; and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans,the COUNTY advertised the 2021-2022 Annual
Action Plan, on May 1, 2021, with a 30-day Citizen Comment period from May 1, 2021 to May 30, 2021;
and
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WHEREAS,the SUBRECIPIENI'has submitted a proposal for participation in the Collier County
CDBG program; and
WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in undertaking the CDBG project—(CD21-01) Shelter—Security .
NOW,THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
PART I
SCOPE OF WORK
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required
as a condition of providing CDBG assistance as provided herein and, as determined by Collier County
Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as
follows:
Project Name: Shelter Security— Purchase and installation
Description of project and outcome: The purchase and installation of outdoor security cameras at
the Naples location will provide security for all victims of domestic violence and human
trafficking, beneficiaries seeking services such as counseling, advocacy, safety planning,
economic empowerment, as well as employees of The Shelter.
Project Component One: Purchase and Installation of security cameras to include but not limited
to materials, software, labor and equipment.
The property will be deed restricted for five(5)years commencing on the date of initially meeting
one of the National Objectives, in accordance with 24 CFR 570.505, if applicable.
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty (60) calendar days of the execution of this Agreement, the SUBRECIPIENT
must deliver, to CHS for approval, a detailed project schedule for the completion of the
project excluding Public Service projects.
B. The following resolutions and policies must be submitted within sixty (60) clays of this
Agreement:
® Affirmative Fair Housing Policy
• Affirmative Action/Equal Opportunity Policy
• Conflict of Interest Policy
• Procurement Policy
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❑ Uniform Relocation Act Policy
• Sexual Harassment Policy
• Section 3 Policy
• Section 504/ADA Policy
• Fraud, Waste, and Abuse Policy
• Language Assistance and Planning Policy (LAP)
Violence Against Women Act (VAWA) Policy
• LGBTQ Policy
C. Environmental Review Requirement (ERR) - No program costs can be incurred until an
environmental review of the proposed project is completed and approved. Further, the
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.
Annual Subrecipient Training — SUBRECIPIENTS with Open Agreement(s) with
COUNTY: 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 CI-IS-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, in writing, at least 14 days, prior to
the training.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Description Federal Amount
Project Component 1: Purchase and Installation of security cameras to include but $136,000.00
not limited to materials, labor, software and equipment.
Total Federal Funds: $136,000.00
The SUBRECIPIENT will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
Maintain beneficiary income certification documentation, and provide to the COUNTY as
requested
• Maintain and provide National Objective Documentation
• Provide Quarterly Reports on National Objective and project progress
• Ensure attendance by a representative from executive management at scheduled
partnership meetings, as requested by CHS
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® Ensure attendance by SUBRECIPIENT and General Contractor at Pre-Construction
meetings, prior to SUBBRECIPIENT issuance of Notice to Proceed (NTP)
® Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation
® Identify Lead Project Manager
• Provide Site Design and Specifications
• Comply with Davis-Bacon Labor Standards
• Comply with Section 3 and maintain documentation
• Provide certified payroll weekly throughout construction and rehabilitation
❑ Comply with Uniform Relocation Act (URA), if necessary
® Ensure applicable numbers of units are Section 504/ADA accessible
• Ensure the applicable continued use period for the project is met
B. National Objective
The CDBG program funds awarded to Collier County must benefit low-moderate income persons
(LMI). As such, the SUBRECIPIENT shall ensure that all activities and beneficiaries meet the
definition of:
❑ LMA—Low/Mod Area Benefit
• LMC— Low/Mod Clientele Benefit
❑ LMH—Low/Mod Housing Benefit
❑ LMJ—Low/Mod Job Benefit
LMA: Must document where at least 51 percent of the residents are LMI persons, based
on HUD determined eligible census tracts. Failure to achieve the national objective under this
Agreement will require repayment of the CDBG investment under this Agreement.
LMC: Must document that at least 51 percent of persons served, are low- to moderate-
income persons or households, in order to meet a CDBG National Objective. Failure to achieve the
national objective under this Agreement will require repayment of the CDBG investment under this
Agreement.
LMH: Must document providing or improving permanent residential structures, which
upon completion will be occupied by LMi households. Structures with three or more units must
contain at least 51 percent occupied by LMI households, and structures with less than three units
must be occupied by 100 percent LMI households. Failure to achieve the national objective under
this Agreement will require repayment of the CDBG investment under this Agreement.
LMJ: Must document job creation and retention. The LMI benefit national objective
addresses activities designed to create or retain permanent jobs, at least 51 percent of which
(computed on a full-time equivalent basis) will be made available to or held by LMi persons.
Failure to achieve the national objective under this Agreement will require repayment of the CDBG
investment under this Agreement.
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C. Performance Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Special Grant Condition Policies Policies as stated in this Within sixty(60) days of
(Section 1.1) Agreement Agreement execution
Insurance Insurance Certificate Within 30 days of Agreement
execution and Annually within
thirty(30)days of renewal
Detailed Project Schedule Project Schedule Within sixty(60)days of
Agreement execution
Project Plans and Specifications Site Plans and Specifications Prior to procurement
Subcontractor Log Subcontractor Log Initially at construction start,
and quarterly thereafter
Progress Report Exhibit C Quarterly reports. Annually after
closeout.
Section 3 Report Quarterly report of new hire Quarterly; within 10 days
information following the end of the quarter.
Annually after closeout.
Davis-Bacon Act Certified Weekly Certified Payroll Weekly within 7 days following
Payroll reports, forms, and supporting issuance of payroll checks
documentation
Annual Audit Monitoring Exhibit E Annually, within 60 days after
Report then end of the FY end
Financial and Compliance Audit Audit, Management Letter, and Annually: nine(9) months after
Supporting Documentation FY end for Single Audit OR one
hundred eighty(180)days after
FY end
Continued Use Certification Continued Use Affidavit, if Annually; for five(5)years after
applicable meeting the National Objective
Capital Needs Assessment Plan Plan approved by the COUNTY Initial Plan due after completion
of construction. Annually
through the period of continued
use
Program Income Reuse Plan Plan Approved by the COUNTY Annually until 2027
D. Payment Deliverables
Payment Deliverable Payment Supporting Documentation Submission Schedule
Project Component 1: Purchase Submission of supporting documents Monthly submission
and Installation of security must be provided as backup, as evidenced within 30 days of the
cameras to include but not limited by invoices, canceled checks, bank prior month.
to materials, labor, software and statements,copy of permits, completed
equipment. AIA G702-1992 form, or equivalent per
contractor's Schedule of Values, and any
other additional documentation as
requested.
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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
project 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.
Final 10 percent of award amount will be paid upon completion of final monitoring clearance and
documentation of meeting the National Objective. Failure by the SUBRECIPIENT to achieve the National
Objective will require repayment of the CDBG investment under this Agreement.
1.3 PERIOD OF PERFORMANCE
SUBRECIPIENT services shall begin on October 1, 2021 and shall end on September 30, 2022.
The County Manager or designee may extend the term of this Agreement for a period of up to 180
days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to
the SUBRECIPIENT.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available ONE HUNDRED THIRY SIX THOUSAND DOLLARS
AND ZERO CENTS ($136,000.00) for use by the SUBRECIPIENT, during the term of the
Agreement (hereinafter, shall be referred to as the "Funds").
Modification to the"Budget and Scope" may only be made if approved in advance. Budgeted fund
shifts among line items shall not be more than 10 percent of the total funding amount and shall not
signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only
be made with Board of County Commissioners(Board)approval.
The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible
costs;and all disbursement requests must be limited to the amount needed at the time of the request.
SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred
during the term of this Agreement. Invoices for work performed are required every month. If no
work has been performed during that month, or if SUBRECIPIENT is not yet prepared to send the
required backup,a$0 invoice is required. Explanations may be required if two consecutive months
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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 arc due no later than 90 days after the end of the Agreement. Work performed during
the term of the program but not invoiced within 90 days after the end of the Agreement may not be
processed without written authorization from the Grant Coordinator.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requirements, including timely submission of Performance
Deliverables contained in Section 1.2.C. Late submission of deliverables may cause payment
suspension of any open pay requests until the required deliverables are received by CI-IS. Except
where disputed for noncompliance, payment will be made upon receipt of a properly completed
invoice, and in compliance with §218.70, Florida Statutes, otherwise known as the "Local
Government Prompt Payment Act."
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 I.5-Cost Principles)of the 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 may only incur direct costs that may be attributed
specifically to the project(s)referenced above,as defined in 2 CFR 200.413.The SUBRECIPIENT
must provide adequate documentation for validating costs incurred. Payments to
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
Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles. A Developer is
not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart E and may
impose requirements upon the Developer, to remain compliant with COUNTY's obligation to
follow 2 CFR Subpart E.The Developer will use adequate internal controls and maintain necessary
source documentation for all costs incurred and adhere to any other accounting requirements
included in this Agreement.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice
delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and
other written communications under this Agreement shall be addressed to the individuals in the
capacities indicated below, unless otherwise modified by subsequent written notice.
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COLLIER COUNTY ATTENTION: Tami Bailey , Grant Coordinator
Collier County Government
Community and Human Services Division
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: Tami.Bailey @colliercountyfl.gov
Telephone: (239)252-5218
SUBRECIPIENT ATTENTION: Linda Oberhaus, Chief Executive Officer
The Shelter for Abused Women &Children, Inc.
PO Box 10102
Naples, Florida 34101
Email: lberhaus@naplesshelter.org
Telephone: (239) 775-3862
Remainder of Page Intentionally Left Blank
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PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
At any time during normal business hours and as often as the COUNTY(and/or its representatives)
may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit all
records, documentation, and any other data relating to all matters covered by the Agreement.
SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 clays after its
receipt of the report. SUBRECIPIENT's failure to comply with the above audit requirements will
constitute a violation of this Agreement and may result in the withholding of future payments.
SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with
current COUNTY policy concerning Subrecipient audits 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
The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to
determine compliance with the requirements of this Agreement, the CDBG Program, and all other
applicable laws and regulations. This documentation shall include but is not limited to, the
following:
A. All records required by CDBG regulations.
B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily
would be required by the COUNTY in order to perform the service.
C. 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
procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this
Agreement. Materials identified in the previous sentence shall be in accordance with
generally accepted accounting principles (GAAP), procedures, and practices, which
sufficiently and properly reflect all revenues and expenditures of funds provided directly
or indirectly by this Agreement, 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.
.,
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D. Upon completion of all work contemplated under this Agreement, copies of all documents
and records relating to this Agreement shall be surrendered to CHS, if requested. In any
event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a
readily accessible, permanent, and secured location for three (3) years after the date of
submission of 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, or audit
findings involving these records are resolved. If a SUBRECIPIENT ceases to exist after
the closeout of this Agreement, the COUNTY shall be informed, in writing, of the address
where the records are to be kept,as outlined in 2 CFR 200.337.The SUBRECIPIENT shall
meet all requirements for retaining public records and transfer, at no cost to COUNTY,all
public records in possession of the SUBRECIPIENT upon termination of the Agreement
and destroy any duplicate exempt or confidential public records that are exempt from
public records disclosure requirements. All records stored electronically must be provided
to the COUNTY in a format that is compatible with the COUNTY'S information
technology systems.
IF SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832,
Michael.Cox(ki,colliercountyfl.gov, 3299 Tamiami Trail E, Naples
FL 34112.
E. SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Act of
1931, including files containing contractor payrolls, employee interviews, Davis-Bacon
wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records
showing contractor compliance with the Contract Work Hours and Work Safety Law.
Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal
purchasing requirements and other federal requirements for grant implementation.
F. SUBRECIPIENT will be responsible for the creation and maintenance of income eligible
files on clients served, and documentation that all households are eligible under HUD
Income Guidelines. SUBRECIPIENT agrees that CHS shall be the final arbiter on the
SUBRECIPIENT's compliance.
G. SUBRECIPIENT shall document how compliance with the National Objective(s), as
defined in 24 CFR 570.208, and the eligibility requirement(s) under which funding has
been received were accomlished.This includes special requirements,such as necessary and
appropriate determinations as defined in 24 CFR 570.208, income certification,and written
agreements with beneficiaries, where applicable.
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H. SUBRECIPIENT shall provide the public with access to public records on the same terms
and conditions that the COUNTY would provide the records, and at a cost that does not
exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that exempt or confidential public records that arc 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 D)no later than 60 clays 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 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 CI-IS may carry out no less than one (1) annual on-site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop
review of the activities may be conducted in lieu of an on-site visit. The continuation of this
Agreement is dependent upon satisfactory evaluations. Upon request by CHS, the
SUBRECIPIENT shall submit information and status reports required by CHS or HUD, to enable
CHS to evaluate said progress and allow for completion of required reports. 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 SUB RECIPIENT'S performance in an attempt to mitigate fraud,waste,
abuse, or non-performance, based on goals and performance standards as stated with all other
applicable laws, regulations, and policies governing the funds provided under this Agreement,
further defined by 2 CFR 200.332. 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 1-IUD,the I-IUD 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 necessary
to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this
Agreement, and to provide for the proper and effective management of all Program and Fiscal
activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and
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other significant events shall be clearly documented, and the documentation shall be readily
available for monitoring by COUNTY.
SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees,
and agents for the purpose of monitoring or investigating the performance of the Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent
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 to any
appropriate law enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this Agreement. Penalties may be imposed for failure to implement or to make
acceptable progress on such corrective action plans.
To effectively enforce COUNTY Resolution No.2013-228, CHS has adopted an escalation policy
to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds
from CHS. The escalation policy for noncompliance is as follows:
1. Initial noncompliance may result in COUNTY issuing Findings or Concerns to the
SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action
plan to CHS within 15 days following issuance of the report.
• Any pay requests that have been submitted to CHS for payment will be held
until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to
SUBRECIPIENT, as needed, in order to correct the noncompliance issue.
2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely
manner, the COUNTY may require a portion of the awarded grant funds be
returned to the COUNTY.
• CHS may require upwards of 5 percent of the award amount be returned to the
COUNTY, at the discretion of the Board.
• The SUBRECIPIENT may be denied future consideration, as set forth in
Resolution No. 2013-228.
3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously
corrected, and has been informed by CHS of their substantial noncompliance by
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certified mail, CHS may require a portion of the awarded grant amount or the
amount of the CDBG investment for acquisition of the properties conveyed, to be
returned to the COUNTY.
• CHS may require upwards of 10 percent of the award amount to be returned
to the COUNTY, at the discretion of the Board.
• The SUBRECIPIENT will be considered in violation of Resolution No. 2013-
228.
4. If after repeated notification, SUBRECIPIENT continues to be substantially
noncompliant, CHS may recommend the Agreement or award be terminated.
• CI IS will make a recommendation to the Board to immediately terminate the
Agreement. SUBRECIPIENT will be required to repay all funds disbursed by
CI-IS for the terminated project. This includes the amount invested by the
COUNTY for the initial acquisition of properties or other activities.
• SUBRECIPIENT will be considered in violation of Resolution No. 2013-228.
If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be
noncompliant, the above sanctions may be imposed across all awards at the Board's
discretion.
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this Agreement,and on the resolution of monitoring findings identified pursuant to this
Agreement, as deemed necessary by the County Manager or designee.
During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the
COUNTY on the 10th clay of January, April, July, and October, respectively, for the prior quarter
period end. As part of the report submitted in October, the SUBRECIPIENT agrees to include a
comprehensive final report covering the agreed-upon Program objectives, activities, and
expenditures including but not limited to, performance data on client feedback with respect to the
goals and objectives set forth in Exhibit C, which contains an example reporting form to be used in
fulfillment of this requirement. Other reporting requirements may be required by the County
Manager or designee if the Program changes,the need for additional information or documentation
arises, and/or legislative amendments arc enacted. Reports and/or requested documentation not
received by the due date shall be considered delinquent and may be cause for default and
termination of this Agreement.
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment.
3.2 GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants), including subpart K. of these regulations, except that (1)
SUBRECIPIENT does not assume the COUNTY's environmental responsibilities described in 24
CFR 570.604; (2) SUBRECIPIENT does not assume the COUNTY's responsibility for initiating
the review process under the provisions of 24 CFR Part 52; (3) SUBRECIPIENT is required to
follow the federal procurement process; and (4) for Developers, revenue generated is not
considered program income.The CDBG program was funded through the Housing and Community
Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable
laws, regulations, and policies governing the funds provided under this Agreement. The
SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement
rather than supplant funds otherwise available.
- 3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating
or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT
shall always remain an"independent contractor"with respect to the services to be performed under
this Agreement. The COUNTY shall be exempt from payment of all Unemployment
Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation
Insurance, as the SUBRECIPIENT is independent from the COUNTY.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a
duly authorized representative of each organization, and approved by the 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 for other reasons. If such
amendments result in a change in the funding, the scope of services, or schedule of the activities to
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be undertaken as part of this Agreement, such modifications will be incorporated only by written
amendment, signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from 1-IUD CDBG grant funds and must be
implemented in full compliance with all of HUD's rules and regulations and any agreement
between COUNTY and HUD governing CDBG funds pertaining to this Agreement. In the event
of curtailment or non-production of said federal funds, or the reduction of funds awarded by HUD
to the COUNTY, to a level determined by the County Manager to be insufficient to adequately
administer the project, the financial resources necessary to continue to pay the SUBRECIPIENT
all or any portion of the funds will not be available. In either event, the COUNTY may terminate
this Agreement, which shall be effective as of the date that it is determined by the County Manager
or designee, in his/her sole discretion and judgment, that the funds are no longer available. In the
event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the
COUNTY, nor any individual member of the County Commissioners and/or County
Administration, personally liable for the performance of this Agreement, and the COUNTY shall
be released from any further liability to SUBRECIPIENT under the terms of this Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act or omission, including
but not limited to reasonable attorneys' and paralegals' fees,to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents,
officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any
persons acting under the direction, control, or supervision of the SUBRECIPIENT in the
performance of this Agreement. This indemnification obligation shall not be construed to negate,
abridge,or reduce any other rights or remedies,which otherwise may be available to an indemnified
party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses
of any nature whatsoever in connection therewith and shall defend all suits in the name of the
COUNTY and shall pay all costs(including attorney's fees)and judgments which may issue there-
on. This Indemnification shall survive the termination and/or expiration of this Agreement. 'Phis
section does not pertain to any incident arising from the sole negligence of COUNTY. The
foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits
set forth in Section 768.28, Florida Statutes.This section shall survive the expiration of termination
of this Agreement.
3.7 GRANTEE RECOGNITION/SPONSORSHIPS
SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements,
descriptions of program sponsorships, research reports, and similar public notices, whether printed
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or digitally prepared and released by the SUBRECiPIENT for, on behalf of, and/or about the
Program shall include the statement:
"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY
COMMUNITY AND HUMAN SERVICES DIVISION"
and shall appear in the same size letters or type as the name of SUBRECIPiENT. This design
concept is intended to disseminate key information to the general public regarding the development
team, as well as Equal Housing Opportunity. Construction signs shall comply with applicable
COUNTY codes.
3.8 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 for such
termination,the effective date,and in the case of partial terminations,the portion to be terminated.
However,in the case of a partial termination,if the COUNTY determines that the remaining portion
of the award will not accomplish the purpose for which the award was made, the COUNTY may
terminate the award in its entirety.This Agreement may also be terminated by the COUNTY, if the
award no longer effectuates the program goals or grantor agency priorities.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement, in compliance with 2 CFR 200, Appendix iI (A):
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 the SUBRECIPIENT relating to the project.
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In the event of any default by SUBRECIPIENT under this Agreement,the COUNTY may seek any
combination of one or more of the following remedies, in compliance with 2 CFR 200, Appendix
II (B):
A. Require specific performance of the Agreement, in whole or in part.
B. Require the use of, or change in, professional property management.
C. Require SUBRECIPIENT to immediately repay to the COUNTY all CDBG funds received
under this Agreement.
D. Apply sanctions, if COUNTY determines them 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.
3.9 SUSPENSION AND DEBARMENT
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 an Federal Department or agency; and, that the SUBRECIPIENT 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.
3.10 REVERSION OF ASSETS
In the event of a termination of this Agreement and in addition to any and all other remedies
available to the COUNTY (whether under this Agreement, or at law, or in equity), the
SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of
termination(or expiration)and any accounts receivable attributable to the use of CDBG funds, per
24 CFR 570.503(b)(7).
The COUNTY's receipt of any funds on hand at the time of termination shall not waive the
COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the
funds or property, as the COUNTY may deem necessary. Regulations regarding real property are
subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7).
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3.11 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until
all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said
insurance shall be carried continuously during SUBRECIPIENT's performance under the
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, Cost Principles and Audit
Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the
Community Development Block Grant(24 CFR 570 et seq.).
3.13 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through
200.327)and Collier County's Procurement Ordinance#2017-08,as amended. Current purchasing
thresholds are:
Range: Competition Required
$0-$50,000 3 Written Quotes
$50,001+ Formal Solicitation (ITB, RFP, etc.)
In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall
provide a preference for the purchase,acquisition,or use of goods, products,or materials produced
in the United States.
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 200.323.
All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT
employees, or put out to competitive bidding, under a procedure acceptable to COUNTY and
Federal requirements. The SUBRECIPIENT shall enter into contracts for improvements with the
lowest, responsible, and qualified bidder. In accordance with 2 CFR 200.323, 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 200.323.Contract administration shall be conducted by the SUBRECIPIENT and monitored
by CHS, which shall have access to all records and documents related to the Project.
3.14 PROGRAM GENERATED INCOME
No Program Income is anticipated. However, if Program Income is derived from the use of CDBG
funds disbursed under this Agreement, such Program Income shall be utilized by the
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SUBRECIPIENT for CDBG-eligible activities approved by COUNTY. Any Program Income (as
such term is defined under applicable Federal regulations) gained from any activity of the
SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual
Program Income Re-use Plan, utilized by the SUBRECIPIENT accordingly, and shall be in
compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When
Program Income is generated by an activity that is only partially assisted by CDBG funds,
the income shall be prorated to reflect the percentage of CDBG funds used. If there is a
Program Income balance at the end of the Program Year, such balance shall revert to the
COUNTY's Community Block Grant Program, for further reallocation.
Purchase of Equipment: Equipment under the SUBRECIPIENT'S control that was acquired or
improved, in whole or in part, with CDBG funds shall be used to meet one of the CDBG National
Objectives, pursuant to 24 CFR 570.208, during the continued use period, as referenced in section
3.14 (Grant Closeout Procedures) of this Agreement. If the SUBRECIPIENT sells, transfers,
disposes of, or otherwise fails to continue to use the CDBG-assisted equipment in a manner that
meets a CDBG National Objective, the SUBRECIPIENT shall pay the COUNTY an amount equal
to the current fair market value of the equipment, less the percentage of non-CDBG funds used to
acquire the equipment.
Equipment no longer needed by the SUBRECIPIENT for CDBG-eligible activities under this
Agreement shall be: (a) transferred to the COUNTY for use elsewhere in the CDBG program, or
(b) retained by the SUBRECIPIENT after compensating the COUNTY an amount equal to the
current fair market value of the equipment, less the percentage of non-CDBG 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 five (5)
year continued use period has been met (for public services, "after the expiration of the
Agreement"). The continued use period shall commence with the later of the SUBRECIPIENT
meeting the National Objective or the recording of lien and/or deed restriction documentation.
Activities during this closeout period shall include, but are not limited to making final payments;
disposing of program assets (including the return of all unused materials, equipment, program
income balances, and receivable accounts to the COUNTY); and determining the custodianship of
records. In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply
with Section 119.021, Florida Statutes, regarding records maintenance, preservation, and retention.
A conflict between state and federal 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 exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this
Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and
information complying with Section 215.97, Florida Single Audit Act. Closeout procedures must
take place in accordance with 2 CFR 200.344.
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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, to the greatest extent feasible, eligible
business concerns located in or owned in substantial part by persons residing in the project areas
shall be awarded contracts in connection with the project. The SUBRECiPIENT shall comply with
Section 3 of the i-lousing 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 that is 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 women's business enterprises,
in lieu of an independent investigation.
3.18 PROGRAM BENEFICIARIES
if the Agreement is meeting a National Objective through an LMI strategy, at least 51 percent of
the beneficiaries of a project funded through this Agreement must be low- and moderate- income
persons, or presumed to be low- to moderate- income persons based on applicable regulation.
Determination of income eligibility is based on the annual income of the family or household. This
Agreement conforms to the definition of Annual Income, per 24 CFR 570.3(1)(i), where Annual
income is defined under the Section 8 Housing Assistance Payments. Details for calculating the
Annual income are contained in 24 CFR 5.609, with practical instructions contained in HUD
Handbook 4350.3, Chapter 5.
If the project is located in an entitlement city as defined by HUD, or serves beneficiaries
countywide, more than 30 percent of the beneficiaries directly assisted under this Agreement must
reside in unincorporated Collier County or in municipalities participating in the COUNTY's Urban
County Qualification Program. The project shall assist beneficiaries as defined above for the time
period designated in Exhibit C of this Agreement.
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3.19 AFFIRMATIVE ACTION
The SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program
pursuant to the COUNTY's specifications, in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966. The SUBRECIPIENT shall submit a plan for an
Affirmative Action Program for approval prior to the award of funds. The Affirmative Action
Program will need to be updated throughout the continued use period and must be submitted to the
COUNTY within 60 clays of any update/modification.
3.20 CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ, who presently exercises any
functions or responsibilities in connection with the Project, has any personal financial interest,
direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner
or degree with the performance of this Agreement,and that no person having any conflict of interest
shall be employed by or subcontracted by SUBRECIPIENT. The SUBRECIPIENT covenants that
it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest," 2 CFR 200.318, and
the State and County statutes, regulations,ordinances,or resolutions governing conflicts of interest.
The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person,or an entity
owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval
of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not
intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees.
Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its
contractors shall be disclosed to CHS in writing, provided however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low- and moderate-
income residents of the project target area.
3.21 BYRD ANTI-LOBBYING AMENDMENT
Each tier certifies that the tier above it will not, and has not, used Federally appropriated funds to
pay any person or organization for influencing or attempting to influence the award of Federal
funds, as covered by 31 USC 1352, as more fully described in Section 4.47 of this Agreement.
Contractors who apply or bid for an award of$100,000 or more shall file the required certification.
3.22 RELIGIOUS ORGANIZATIONS
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CDBG funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 570.200(j). The
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment based on
religion,and will not limit employment or give preference in employment to persons based
on religion.
B. It will not discriminate against any person applying for public services based on religion,
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 in ission, including the definition, practice, and expression of its
religious beliefs, provided it does not use direct CDBG funds to support any inherently
religious activities, such as worship, religious instruction, or proselytizing.
D. The funds shall not be used for the acquisition, construction, or rehabilitation of structures
to the extent that those structures are used for inherently religious activities. Where a
structure is used for both eligible and inherently religious activities, CDBG funds may not
exceed the cost of those portions of the acquisition, construction, or rehabilitation that are
attributable to eligible activities, in accordance with the cost accounting requirements
applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG
funded religious congregation uses as its principal place of worship,however,arc ineligible
for CDBG funded improvements.
3.23 INCIDENT REPORTING
If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any
subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect,
or exploitation of a child, aged person, or disabled person.
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.
3.25 MISCELLANEOUS
The SUBRECIPIENT and the COUNTY each binds itself, its partners, successors, legal
representatives, and assigns of such other party in respect to all covenants of this Agreement.
The SUBRECIPIENT represents and warrants that the financial data,reports,and other information
on the Project it furnished to the COUNTY are accurate and complete, and financial disclosures
fairly represent the financial position of the SUBRECI PI ENT.
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The SUBRECIPIENT certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this
Agreement. The SUBRECIPIENT also certifies that the undersigned person has the authority to
legally execute and bind the SUBRECIPIENT to the terms of this Agrement.
The Grant Documents shall be construed in accordance with and governed by the laws of the State
of Florida, without giving effect to its provisions regarding choice of laws.
All activities authorized by this Agreement shall be subject to and performed in accordance with
the provisions of the terms and conditions of the Agreement between the COUNTY, the
Regulations, all applicable federal, state, and municipal laws, ordinances, regulations, orders, and
guidelines, including but not limited to any applicable regulations issued by the DIVISION.
Electronic Signatures. This Agreement,and related documents entered into in connection with this
Agreement are signed when a party's signature is delivered by facsimile, e-mail, or any other
electronic medium. These signatures must be treated in all respects as having the same force and
effect as original signatures.
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title24/24cfr570 main 02.tpl
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=I acdb92f3 b05c3 f285dd76c26d 14f54e&mc=true&node=pt24.I.58&rgn=d iv5
4.3 Section 104(b)and Section 109 of Title I of the Housing and Comnumity Development Act of
1974 as amended
https://www.bud.gov/program offices/comet_planning/communitydevelopment/rulesandregs/law
s/sec5309
4.4 The Fair Housing Act(42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing
Act. https://www.hud.gov/sites/documents/DOC 7771.PDF
https://www justice.gov/crt/fair-housing-act-1
Executive Order 11063 —Equal Opportunity in Housing https://www.archives.gov/federal-
register/codification/executive-order/1 1063.htm I
Executive Order 11259- Leadership& Coordination of Fair Housing in Federal Programs
https://www.arch ives.gov/federal-register/cod i fication/executive-order/12259.htm
24 CFR Part 107 -Non- Discrimination and Equal Opportunity in Housing under E.O.
https://www.law.cornell.edu/cfr/text/24/part-107
4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as
amended https://www.hud.gov/programdescription/title6
4.6 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
https://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vo13/pdf/CFR-2007-title24-vo13-sec570-
602.pdf
4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations. EO 11246:
https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended
EO 11375 and 12086: see item #8 below
4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972,42 USC §2000e,et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for
employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or
Affirmative Action employer.
https://www.hud.gov/programdescription/title6
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4.9 24 CFR 135 — Regulations outlining requirements of' Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD
Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all
applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a
condition of the Federal financial assistance provided under this Agreement and binding upon the
COUNTY, the SUBRECIPIENT and any of the SUBRECiPIENT's Subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT and any of the SUBRECiPIENT's Subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through which Federal
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
The SUBRECIPIENT further agrees to comply with these "Section 3"requirements and to include
the following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a program providing
direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires
that,to the greatest extent feasible, opportunities for training and employment be given to low- and
very low-income residents of the project area, and that contracts for work in connection with the
project be awarded to business concerns that provide economic opportunities for low- and very
low-income persons residing in the metropolitan area in which the project is located."
The SUBRECIPIENT further agrees to ensure that opportunities for training and employment
arising in connection with a housing rehabilitation (including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project are given to low-
and very low-income persons residing within the metropolitan area in which the CDBG-funded
project is located; where feasible, priority should be given to low- and very low-income persons
within the service area of the project or the neighborhood in which the project is located, and to
low- and very low- income participants in other HUD programs; and award contracts for work
undertaken in connection with a housing rehabilitation(including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project to business
concerns that provide economic opportunities for low- and very low-income persons residing
within the metropolitan area in which the CDBG-funded project is located; where feasible, priority
should be given to business concerns that provide economic opportunities to low- and very low-
income residents within the service area or the neighborhood in which the project is located, and to
low- and very low-income participants in other HUD programs.
https://www.hud.gov/sites/documents/DOC 12047.PDF
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr 135 main_02.tpl
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4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107 and 12086.
Age Discrimination Act of 1975
https://www.law.comell.edu/uscode/text/42/chapter-76
11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.htm
11375: Amended by EO 11478
11478: https://www.archives.gov/federal-register/codification/executive-ordedl 1478.html
12107: https://www.archives.gov/federal-register/codification/executive-order/12107.html
12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html
4.11 Contract Work Hours and Safety Standards Act,40 USC 327-332.
https://www.dol.gov/whd/regs/statutes/safe01.pdf
4.12 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5), 24 CFR 570.614 Subpart K.
Section 504: https://www.epa.gov/ocr
29 USC 776: https://law.onecle.com/uscode/29/776.html
24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudap
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
https://www.fhwa.dot.gov/real_estate/uniform_act/index.cfm
4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all
construction contracts funded by CDBG.
Davis-Bacon Act: 42 USC 276a to 40 USC 276a:
https://uscode.house.gov/view.xhtm I?req=granuleid:USC-1999-title40-section276a-
7&num=0&edition=1999
29 CFR Part 3 -Contractors and Subcontractors on public building or Public Work Financed, in
whole or in part, by Loans or Grants from the United States
https://www.law.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)
https://www.law.cornell.edu/cfr/text/29/part-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally
assisted projects. https://www.presidency.ucsb.edu/ws/index.php?pid=23675
4.16 As a supplement to the Davis-Bacon Act requirements,the SUBRECIPIENT agrees to comply with
the "Copeland Anti-Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or
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subcontractors from inducing an employee to relinquish any part of his/her compensation, under
the federally-funded contract.
8 U.S.C. 874 https://www.govinfo.gov/content/pkg/USCODE-2010-title 18/pdf/USCODE-2010-
titlel8.pdf
40 U.S.C. 276c https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-tit1e40-
section276c&num=0&edition=1999
4.17 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 - which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise.
https://www.archives.gov/federal-register/codification/executive-order/11625.htm I
4.18 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws,regulations,and executive orders referenced in 24 CFR 570.607, as
revised by Executive Order 13279.The applicable non-discrimination provisions in Section 109 of
the Housing and Community Development Act(HCDA)are still applicable.
24 CFR 570.607:
https://www.ecfr.gov/cgi-bin/text-
idx?SID=9eae3f8eaa99 l f041 I f383b74003bcb 1&mc=true&node=pt24.3.570&rgn=div5#se24.3.5
70_1607
E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm
4.19 Public Law 100-430-the Fair Housing Amendments Act of 1988.
https://www.ncbi.nlm.nih.gov/pubmed/12289709
4.20 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main-02.tpl
4.21 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;2)extend or renew a contract to procure or obtain;3)enter into
a contract(or extend or renew a contract)to procure or obtain equipments,services,or systems that
use(s) covered telecommunications equipment or services as a substantial component of any
system,or as critical technology as part of any system.
4.22 Immigration Reform and Control Act of 1986
https://www.eeoc.govieeoc/history/35th/thelaw/irca.html
4.23 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give,
either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any
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COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311.
Florida Statutes-
https://www.lawserver.com/law/state/florida/statutes/florida_statutes_chapter 112 .part_iii
Collier County-
http://www.colliergov.net/home/showdocument?id=35 13 7
4.24 Order of Precedence-In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except that the terms of any Supplemental Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
4.25 Venue-Any suit of action brought by either party to this Agreement against the other party,relating
to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in
Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required
for this item).
4.26 Dispute Resolution-Prior to the initiation of any action or proceeding permitted by this Agreement
to resolve disputes between the patties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation, and/or mediation shall
be attended by representatives of SUBRECiPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes.The litigation arising out of this Agreement shall be adjudicated in Collier County,Florida,
if in state court; and the US District Court, Middle District of Florida, if in federal court. BY
ENTERING INTO THiS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPiENT
EXPRESSLY WAIVE ANY RIGHTS EiTHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
https://www.flsenate.gov/Laws/Statutes/2012/44.102
4.27 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE-
2010-title42/htm I/USCODE-2010-title42-chap85.htm
https://wi,vw.law.comell.edu/uscode/text/42/chapter-85
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.govinfo.gov/content/pkg/USCODE-201 I-title33/pdf/USCODE-201 1-tit1e33-
chap26.pdf
https://www.law.cornell.edu/uscode/text/33/chapter-26
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4.28 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an
area identified by FEMA as having special flood hazards, flood insurance under the National Flood
Insurance Program is obtained and maintained. If appropriate, a letter of map amendment(LOMA)
may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said
flood insurance.
https://www.law.cornell.edu/cft/text/24/570.605
4.29 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this Agreement shall be subject to the HUD Lead-Based Paint Poisoning
Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo.gov/fdsys/granule/CFR-
2000-title24-vo13/CFR-2000-title24-vo13-sec570-608-id 163
4.30 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this Agreement.
https://www.nps.gov/histoiy/local-law/nhpa1966.htm
h ttps://www.achp.gov/si tes/de fan It/fi les/regu lat ions/2017-02/regs-rev04.pdf
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.
https://www.nps.gov/history/local-law/nhpa1966.htm
4.31 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with
the Drug-Free Workplace Act of 1988(41 USC 701).
https://www.gpo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-title41-chap 10-
sec70l
4.32 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 the SUBRECIPIENT shall not knowingly
enter into any lower tier contract, or other covered transaction, with a person who is similarly
debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609,
Subpart K.
https://www.archives.gov/federal-register/cod i fication/executive-order/12549.htm I
4.33 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable
and agrees to adhere to the accounting principles and procedures required therein, utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred. These
requirements are enumerated in 2 CFR 200, et seq.
4.34 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be
submitted to the COUNTY nine(9)months after the end of the SUBRECIPIENT's fiscal year.The
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SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty(180)days after the end of the SUBRECIPIENT'S
fiscal year. Per 2 CFR 200.345, if this Agreement is closed out prior to the receipt of an audit report,
the COUNTY reserves the right to recover ally disallowed costs identified in an audit after such
closeout.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=5a78addefff9a535e83fed30I 0308aef&mc=true&node=se2.I.200_1344&rgn=div8
4.35 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101,shall be subject
to the provisions of CDBG including, but not limited to, the provisions on use and disposition of
property. Any real property within SUBRECIPIENT control, which is acquired or improved, in
whole or part, with CDBG funds in excess of$25,000, must adhere to the CDBG Regulations at
24 CFR 570.505.
https://www.gpo.gov/fdsys/granule/CFR-1999-title49-vol 1/CFR-1999-title49-vol l-sec24-101
https://www.govinfo.gov/app/details/CFR-2012-title24-vo13/CFR-2012-title24-vol3-sec570-505
4.36 As provided in §287.133, Florida Statutes,by entering into this Agreement or performing any work
in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.
This notice is required by § 287.133 (3) (a), Florida Statutes.
http://www.leg.state.fl.us/Statutes/index.cfm?App_modc=Display Statute&Search_String=&UR
L=0200-0299/0287/Seetions/0287.133.htm I
4.37 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress, in connection with the awarding of any Federal contract,the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions. The undersigned shall require that the language of
this certification be included in the award documents for all sub-awards at all tiers (including
subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
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4.38 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem
rates in effect at the time of travel.
https://www.gsa.gov/portal/content/104877
4.39 Equal access in accordance with the individual's gender identity in community planning and
development programs, per 24 CFR 5.106.
https://www.govregs.com/regu lations/expand/t itle24_part5_subpartA_section 5.106
4.40 Housing Counseling,including homeownership counseling or rental housing counseling,as defined
in §5.100, required under or provided in connection with any program administered by HUD shall
be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214
to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=e339ece9fdfd I479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6
https://www.law.cornell.edu/cfr/text/24/5.111
4.41 HUD Final Rule—Implementation of the Violence Against Women Reauthorization Act of 2013
which applies for all victims of domestic violence,dating violence, sexual assault,and stalking,
regardless of sex, gender identity,or sexual orientation, and which must be applied consistent
with all nondiscrimination and fair housing requirements.
https://www.federalregister.gov/documents/2016/I 1/16/2016-25888/violence-against-women-
reauthorization-act-of-2013-implementation-in-hud-housing-programs
4.42 Any rule or regulation determined to be applicable by HUD.
4.43 Florida Statute 448.095 Employment Eligibility. Per Florida Statute 448.095(3),all Florida private
employers are required to verify employment eligibility for all new hires beginning January 1,
2021. Eligibility determination is not required for continuing employees hires prior to January 1,
2021.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display Statute&URL=0400-
0499/0448/0448.html
4.44 Florida Statutes 713.20, Part 1, Construction Liens
https://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700-
0799/0713/0713.html
4.45 Florida Statutes 119.021 Records Retention
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.021.htm I
4.46 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/01 19.071.htm I
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4.47 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.
4.48 Equal Treatment of Faith-Based Organizations: By regulation, HUD prohibits all recipient
organizations from using financial assistance from HUD 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 HUD funds while taking
into account religion when hiring staff. Questions in this regard should be directed to the Office
for Civil Rights.
4.49 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.
4.50 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.
4.51 False Claim; Criminal, or Civil Violation: SUBRECIPI ENT must promptly refer to COUNTY any
credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other
person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery,
gratuity,or similar misconduct involving subaward agreement funds
4.52 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
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utilized in support of any partisan political activities or activities for or against the election of a
candidate for an elected office.
4.53 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), 1-IUD 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 HUD and to establish
workplace safety policies and conduct education,awareness,and other outreach to decrease crashes
caused by distracted drivers.
4.54 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.
4.55 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.
4.56 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment, or performance of experimental,
developmental, or research work under this funding agreement,the SUBRECIPIENT must comply
with the requirements of 37 CFR Part 401,"Rights of Inventions Made by Nonprofit Organizations
and Small Busines Firms Under Government Grants,Contracts,and Cooperative Agreements,"and
any implementing regulations issued by HUD.
https://www.ecfr.gov/cgi-
bin/retrieveECFR?gp=&S I D=a004b6bf20934ace7a7 1 7de76 I dc64c0&mc=true&n=pt37.1.401&r
=PART&ty=HTML
(Signature Page to Follow)
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IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an
authorized person or agent, hereunder set their hands and seals on the date first written above.
ATTEST: BOAR O' UNTY COM STONERS OF
YSTA . INZEL,CLERK COLLI UNTY, FLOR
2 By:
Attest as to Chairman S puty PENNY T LOR, CHAT PERSON
signature ORIY.
Date: te ) /L 12, )
¢¢�� J� SHELTER FOR ABUSED WOMEN & CHILDREN,
Dated V `"'�� INC.
(SEAL) �
By: '
LINDA OBERHAUS, CHIEF EXECUTIVE
OFFICER
Date: 1 )..`
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney s`3�
Date: C ` A i \ .\
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PART V
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County,c/o Community and Human Services Division,3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of insurance evidencing insurance
coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Commercial General Liability, including products and completed operations insurance, in the
amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement, in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1 —3 above,a Certificate of Insurance must be provided as follows:
4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out of the
services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this Agreement. This insurance shall be maintained for a period of two (2) years
after the certificate of Occupancy is issued.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its
Subcontractors to provide, original certificates indicating the following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than one
hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.4001),
the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal
Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under
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the National Flood Insurance Program is obtained and maintained, as a condition of financial
assistance for acquisition or construction purposes(including rehabilitation).
OPERATION/MANAGEMENT PHASE(IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be kept in
force throughout the duration of the loan and/or Agreement:
7. Workers' Compensation as required by Chapter 440, Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
10. Property Insurance coverage on an"All Risk"basis, in an amount not less than one hundred(100%)
of the replacement cost of the property.Collier County must be shown as a Loss payee,with respect
to this coverage A.T.I.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full
replacement values of the structure(s) or the maximum amount of coverage available through the
National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee
A.T.I.M.A.
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EXHIBIT B
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SUBRECIPIENT Name:
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 Approved
1. Grant Amount Awarded $ $
2.Total Amount of Previous Requests $ $
3. Amount of Today's Request(Net of Retainage, if $ $
applicable)
4. Current Grant Balance (Initial Grant Amount Award $ $
request)(includes Retainage)
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT.To the best of my knowledge and belief,
all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor(Approval required $15,000 and Division Director(Approval Required
above) $15,000 and above)
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EXHIBIT C
QUARTERLY PERFORMANCE REPORT DATA
The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement
and information System (1DIS).The COUNTY reports information on a quarterly basis.To facilitate in the
preparation of such reports,SUBRECIPIENT shall submit the information contained herein within ten(10)
days of the cnd of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to
enter the information collected on this exhibit into an online grant management system.
Subrecipient Name: The Shelter for Abused Woment& Date:
Children, Inc.
Project Title: Shelter Security IDIS #:
Program Contact: Telephone Number: 239-280-1350
Activity Reporting Period Report Due Date
October 1"—December 3 I" January 10th
January IS'—March 31" April l0'''
April I'—June 30'h July I0'1'
July 1"—September 30'" October le
REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period):
12/31/XX 3/31/XX 6/30/XX 9/30/XX
Please note: The HUD Program year begins October 1,20XX— September 30,20XX. Each quarterly report must
include cumulative data beginning from the start of the program year October 1,20XX.
1. Please list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement and indicate your
progress in meeting those goals since October I,20XX.
a. Outcome Goals: list the outcome goal(s) from your approved application and SUBRECIPIENT Agreement
Outcome 1: Completion of installation of security cameras
Outcome 2: Documentation of National Objective achievement: LMC/Presumed Eligible Clientele—must
document that 51%of persons served are at low to moderate income.
Outcome 3:
b. Goal Progress: Indicate the progress to date in meeting each outcome goal.
Outcome l:Outcome 2:
Outcome 3:
2. Is this project still in compliance with the original project schedule: Yes ❑ No n
If No, Explain:
3. Since October i,2021; of the persons assisted,how many...
Answer ONLY for Public Facilities& infrastructure Activities *03 Matrix Codes
a. ...now have new access(continuing)to this service or benefit? 0
b. ...now have improved access to this service or benefit? 0
c. ...now receive a service or benefit that is no longer substandard? 0
Total 0
4. What funding sources did the SUBRECIPIENT apply for this period?
Section 108 Loan Guarantee $ CDBG $
Other Consolidated Plan Funds $ HOME $
Other Federal Funds $ ESG $
$ iIOPWA $
$ Total Entitlement $
Funds
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5. What is the total number of UNDUPLICATED Persons(LMC)or Households(LMH)served this QUARTER, if
applicable? Answer question 5a or 5b; NOT both
For LMC activities: people, race/ethnicity, and income data are reported by persons.
For LMH activities: households,race/ethnicity,and income level are reported by households, regardless
the number of persons in the household.
a. Total No. Persons/Adults served(LMC) 0 Total No. persons served under 18 0
(LMC)
Quarter Total No.of Persons 0 Quarter Total No.of Persons 0
b. Total No. of Households served 0 Total No. of female head of household 0
(I,M l l)
6. What is the total number of UNDUPLICATED clients served since October, if applicable?
Answer question 6a or 6b,NOT both
For LMC activities: race/ethnicity and income data are reported by persons.
a. Total No. Persons/Adults served(LMC) 0 Total No. Persons served under 18 0
(LMC)
YTD Total: 0 YTD Total 0
b. Total No. Households served(LMH) 0 Total No. female head of household(LMH) 0
YTD Total 0 YTD Total 0
Complete EITHER question 7 or 8, NOT both
Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed
Benefit categories.
7. PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY
(LMC)Quarter (INC)YTD
Indicate the total number of UNDUPLICATED persons indicate the total number of UNDUPLICATED
served this quarter who fall into each presumed benefit persons served since October I who fall into each
category(the total should equal the total in question #6a presumed benefit category (the total should equal the
or 6b): total in question #6a or 6h):
a Presumed Benefit Activities Only (LMC)QTR b Presumed Benefit Activities Only(LMC)YTD
0 Abused Children ELI 0 Abused Children _ ELi
0 Homeless ELI 0 Homeless Person ELI
Person
0 Migrant Farm LI 0 Migrant Farm Workers LI
Workers
0 Battered LI 0 Battered Spouses Li
Spouses
0 Persons LI 0 Persons w/HiV/AIDS Li
w/H1V/AIDS
0 Elderly Persons LI or MOD 0 Elderly Persons Li or
MOD
0 Illiterate Adults Li 0 Illiterate Adults LI
0 Severely LI 0 Severely Disabled Adults LI
Disabled Adults
0 Quarter Total 0 YTD Total
8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category.
Other Beneficiary Data: Income Range Other Beneficiary Data: income Range
Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED
served this Quarter who fall into each income category persons served since October I (YTD)who fall into
(the total should equal the total in question #6): each income category (the total should equal the total
in question #6):
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a ELI Extremely Low Income(0-30%) 0 b ELI Extremely Low 0
Income(0-30%)
LI Low Income(3I-50%) 0 LI Low Income 0
MOD Moderate Income(51-80%) 0 MOD Moderate Income 0
(5 I-80%)
NON-L/M Above Moderate Income(>80%) 0 NON-L/M Above Moderate 0
Income(>80%)
Quarter Total 0 YTD Total 0
9. Is this project in a Low/Mod Area(LMA)? YES NO
Was project completed this quarter? YES NO /f yes.complete all of this section 9.
Date project completed
Low/Mod Low/Mod Percentage
Block Group Census Tract Total Beneficiaries Beneficiaries g
0 0 0 0 0
Date LMA Narrative approved by CHS?
What documentation supports project completion? (i.e.,
Certificate of Completion or Certificate of Occupancy,
etc.)
10. Racial&Ethnic Data(if applicable)
Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients
clients served this Quarter fall into each race served since October(YTD) fall into each race category. In
category. In addition to each race category,please addition to each race category please indicate how many
indicate how many persons in each race category persons in each race category consider themselves
consider themselves Hispanic. (Total Race column Hispanic. (Total Race column should equal the total in
should equal the total in question 6.) question 6)
a. RACE ETHNICITY b. RACE ETHNICITY
/HISPANIC /HISPANIC
White 0 0 White 0 0
Black/African American 0 0 Black/African American 0 0
Asian 0 0 Asian 0 0
0 0 American Indian/Alaska 0 0
American Indian/Alaska Native
Native
0 0 Native Hawaiian/Other Pacific 0 0
Native Hawaiian/Other Pacific Islander Islander
0 0 Black/African American& 0 0
Black/African American&White White
American Indian/Alaska Native& 0 0 AmericanNative
Black/African
Indian/Alaska 0 0
Native&Black •i
Black/African American American
Other Multi-racial 0 0 Other Multi-racial 0 0
0 0 0 0
Name:
Signature:
Title:
Your typed name here represents your electronic signature
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EXHIBIT D
INCOME CERTIFICATION
INSTRUCTIONS
Complete this form and retain appropriate supporting documentation proving CDBG assistance
to an eligible beneficiary. Please retain in your organization's records and have on hand for
future monitoring visits.
Effective Date:
A. Household Information
Member Names—All Household Members Relationship Age
2
3
4
5
6
7
8
B. Assets: All Household Members,Including Minors
Member Asset Description Cash Value Income
from Assets
2
3
4
5
6
7
8 0.00
Total Cash Value of Assets B(a) 0.00 ■_
Total Income from Assets B(b) 0.00
If line B(a) is greater than $5,000, multiply that amount by the rate specified
by HUD(applicable rate 0 .06%)and enter results in B(c), otherwise leave
blank. B(c)
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C. Anticipated Annual Income: Includes Unearned Income and Support Paid on
Behalf of Minors
Member Wages/ Benefits/ Public Other Asset
Salaries Pensions Assistance Income Income
(include tips,
commissions, (Enter the
bonuses, and greater of
overtime) box B(b) or
box B(c),
2 above, in
box C(c)
3 below)
4
5
6
7
8
Totals (a) (b) (c) (d) (e)
0.00 0.00 0.00 0.00
Enter total of items C(a)through C(e). 0.00
This amount is the Annual Anticipated Household Income.
D. Recipient Statement: The information on this form is to be used to determine maximum
income for eligibility. 1/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 Section 775.082 and 775.083.
Signature of I-lead of Household Date
Signature of Spouse or Co-I-read of Household Date
Adult Household Member(if applicable) Date
Adult I lousehold Member(if applicable) Date
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E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s)
named in item A of this Income Certification is/are eligible under the provisions of the
CDBG Program. The family or individual(s)constitute(s)a:
❑ Extremely Low Income (ELI) Household means and individual or family whose annual income
does not exceed 30/50i1' of the Very Low Income (60 percent of VLI) percent of the area median
income as determined by the U.S. Department of Housing and Urban Development with
adjustments for household size. (Maximum Income Limit$ ).
❑ Very Low income (VLI) Household means and individual or family whose annual income does
not exceed 50 percent of the area median income as determined by the U.S.Department of Housing
and Urban Development with adjustments for household size.
(Maximum Income Limit $ ).
❑ Low Income (LI) Household means and individual or family whose annual income does not
exceed 80 percent of the area median income as determined by the U.S. Department of Housing
and Urban Development with adjustments for household size.
(Maximtun Income Limit$ ).
Based on the (year) income limits for the Naples-Marco Island Metropolitan
Statistical Area(MSA)of Collier County, Florida.
Signature of the CDBG Administrator or His/Her Designated Representative:
Signature Date
Printed Name Title
F. Household Data
Number of Persons
By Race/Ethnicity By Age
American Native Other
Indian Asian Black Hawaiian or White 0—25 26—40 41 —61 62+
Other Pac.
Islander
Hispanic
Non-
Hispanic
NOTE: Information concerning the race or ethnicity of the occupants is being gathered for statistical
use only. No beneficiary is required to give such information, and refusal to give such information
will not affect any right he or she has to the CDBG program.
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EXHIBIT E
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.332 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 the organization's compliance. In determining Federal
awards expended in a fiscal year, the subrecipient 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 The Shelter for Abused Women & Children
Name
First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year (MM/DD/YY)
07/01/2021 06/30/2022
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
I I 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 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.
Signature Date
Print Name and Title
06/18
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