Backup Document 01/11/2022 Item #16D 6 (Collier Housing Authority) I6 °0 6
MEMORANDUM
Date: January 19, 2022
To: Caroline Noble, Grants Coordinator
Community & Human Services (CHS)
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: Subrecipient Agreements for HUD Funded Activities — for Tenant
Based Rental Assistance (TBRA) (October 2018 & October 2021)
Contractor: Collier Housing Authority
Attached for your records is an original of the referenced document above,
(Item #16D6) adopted by the Board of County Commissioners on Tuesday,
January 11, 2022.
The Board's Minutes & Records Department has kept an original as part of
the Board's Official Records.
If you have any questions, please feel free to contact me at 252-7240.
Thank you.
Attachment
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FAIN # M-18-UC-12-0217
M-21-UC-12-0217
Federal Award Date October 2018 and October
2021
Federal Award Agency I IUD
CFDA Name Home Investment
Partnerships (HOME)
CFDA/CSFA# 14.239
Total Amount of Federal $424,993.00
Funds Awarded
Subrecipient Name Collier County Housing
Authority
DUNS# 040977514
FEIN 59-1490555
R&D No
Indirect Cost Rate No
Period of Performance January 1, 2022 - June 30,
2025
Fiscal Year End 9/30
Monitor End: 9/2025 —'
AGREEMENT BETWEEN COLLIER COUNTY
AND
COLLIER COUNTY HOUSING AUTHORITY
Tenant Based Rental Assistance(TBRA)
THIS AGREEMENT is made and entered into this I l clay of , 2022 by and
between Collier County, a political subdivision of the State of Florida, (COU TY) having its principal
address as 3339 E. Tamiami Trail, Naples FL 34112, and COLLIER COUNTY HOUSING
AUTHORITY (SUBRECIPIENT) a quasi-governmental agency established by Florida Statute 421
existing under the laws of the State of Florida, having its principal office at 1800 Farm Worker Way,
Immokalee,FL 34142.
WHEREAS,the COUNTY is the recipient of 1-IOME 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 Conlin issioners of Collier County (Board) approved the Collier
County Consolidated Plan One-Year Action Plans for Federal Fiscal Years 2019-2020 and 2021-2022 for
the HOME Program on June 25, 2019 and June 22, 2021, Agenda Items, 16.D.2 and I 6.D.7, respectively,
and the Substantial Amendment dated December 14,2021, Agenda Item ; and
WHEREAS, !-IUD has approved the County's Consolidated Plan One-Year Action Plan for
Federal Fiscal Year 2019-2020 and 2020-2021 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 will
serve households with rent payments, electric utility deposits and/or security deposits for a
period up to 24 months.
Project Component One: Rental assistance which may include but is not limited to rent
payments,electric utility deposits and/or security deposits.
Project Component Two: Project Delivery which may include personnel salaries.
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.
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
❑ Uniform Relocation Act Policy
® Sexual Harassment Policy
® Section 3 Policy
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• Section 504/ADA Policy
• Fraud,Waste,and Abuse Policy
• Violence Against Women Act(VAWA)Policy
❑ LGBTQ Policy
• Language Assistance and Planning Policy(LAP)
❑ Capital Need Assessment Plan
❑ Program Income Reuse Plan
❑ Tenant Policy Manual
C. Persons who,due to 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 to receive a particular
service,benefit,or encounter.In accordance with Title VI of the Civil Rights Act of 1964(Title
VI)and its implementing regulations, the SUBRECIPIENT agrees to take reasonable steps to
ensure meaningful access by LEP persons to activities funded with HOME Funds. Any of the
following actions could constitute "reasonable steps," depending on the circumstances:
acquiring translators to translate vital documents, advertisements, or notices; acquiring
interpreters for face to face interviews with LEP persons; placing advertisements and notices
in newspapers that serve LEP persons; partnering with other organizations that serve LEP
populations to provide interpretation,translation,or dissemination of information regarding the
project;hiring bilingual employees or volunteers for outreach and intake activities;contracting
with a telephone line interpreter service;etc.
D. Environmental Review Requirement(ERR)-No program costs can be incurred until an
environmental review of the proposed project is completed and approved. Further,the
SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance of
the CHS Notice to Proceed(NTP) letter. Violation of this provision may result in the denial
of any reimbursement of funds under this Agreement.
E. Annual Subrecipient Training—All SUBRECIPIENT staff assigned to the administration and
implementation of the Project established by this Agreement shall attend the CHS-sponsored
Annual Subrecipient Fair Housing training, except those who attended the training in the
previous year. In addition, at least one staff member shall attend all other CHS-offered
Subrecipient training, relevant to the Project, as determined by the Grants Coordinator, not to
exceed four(4)sessions.
F. 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.
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1.2 PROJECT DETAILS
A. Project Description/Project Budget:
The TBRA Program:
a. Helps individual households
b. Can he used in a unit chosen by the tenant, and moves with the tenant
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 FY 2021-2022 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 1: Rental assistance which may $382,500.00 $
include but is not limited to rent payments,electric
utility deposits and/or security deposits
Project Component 2: Project Delivery which may $42,493.00 $
include personnel salaries
HOME Match Requirement—25% There is no match
obligation for those funds
expended and paid prior
to 9.30.22 pursuant to
"Additional Revision,and
Extension of December
2020 and April 2020
Memorandum—
Availability of'Waivers
and Suspension of the
HOME Program
Requirements in
Response to COVID-19
Pandemic Dated 9.27.21.
Beginning 10.1.22, 25%
match to be provided by
Collier County.
Grant Total $424,993.00
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 Cl-IS
❑ Provide monthly construction and rehabilitation progress reports until completion
of construction or rehabilitation
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❑ 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. 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 at 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
Project Performance Progress Exhibit C Quarterly,on the 10'1'of the
Report month,following the end of the
quarter and a final report due
upon completion of the project
Section 3 Report Quarterly Report of new hire N/A
information
Annual Audit Monitoring Exhibit E Annually within 60 days after
Report FY end.
Financial and Compliance Audit Single Audit,Audited Annually nine(9)months for
Financials,Management Letter, Single Audit OR one hundred
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and Supporting Documentation 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 NA
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, by the 30'h of the
assistance which may include but documents must be provided as month following the month of
is not limited to rent payments, backup as evidenced by service
electric utility deposits and/or completed tenant lease,
security deposits SUBRECIPIENT/landlord
agreement,rent invoice, utility
deposit invoice,banking
documents and any additional
documents as requested.
Project Component Two: Submission of supporting Monthly,by the 30th of the
Project Delivery which may documents must be provided as month following the month of
include personnel salaries backup as evidenced by service
timesheets,payroll register,bank
statements and any additional
documents as requested.
HOME Match Requirement Documentation of HOME There is no match obligation for
Eligible Matching Funds those funds expended and paid
prior to 9.30.22 pursuant to
"Additional Revision,and
Extension of December 2020 and
April 2020 Memorandum—
Availability of Waivers and
Suspension of the HOME
Program Requirements in
Response to COVID-19
Pandemic Dated 9.27.21.
Beginning 10.1.22,25%match
to be provided by Collier
County.
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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.
1.3 PERIOD OF PERFORMANCE
SUBRECIPIENT services shall begin on JANUARY 1, 2022 and end on JUNE 30, 2025. 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.
The duration of the SUBRECIPIENT Agreement is as follows:
Agreement Effective Date January 1, 2022
Agreement Termination Date(4 years) December 31,2025
Deadline for Receipt of Final Reimbursement Request March 31, 2026
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available FOUR HUNDRED TWENTY-FOUR THOUSAND
NINE HUNDRED NINETY-THREE DOLLARS AND ZERO CENTS ($424,993.00) 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 I-IOME 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
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 to 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
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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, 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."
Match Pursuant to COVID Waiver
During the COVID-19 Pandemic, certain HOME waivers affected the match obligation.
Availability of Waiver Suspensions of the HOME Program Requirements in Response to COVID-
19 Pandemic (April 2020); Revision, Extension, and Update of April 2020 Memorandum-
Availability of Waivers of Suspensions of the HOME Program Requirements in Response to
COVID-19 Pandemic (December 4, 2020), and Additional Revision and Extension of December
2020 and April 2020 Memorandum-Availability of Waivers of Suspension of the HOME Program
Requirements in Response to COVID-19 Pandemic (September 27, 2021) all suspended 24 CFR
92.218 and 92.222(b)as follows:
Explanation:The provisions of 24 CFR 92.218 and 24 CFR 92.222(b)require all HOME
participating jurisdictions to contribute throughout the fiscal year to housing that qualifies
as affordable housing under the HOME program.The contributions must total no less than
25 percent of the HOME funds drawn from the participating jurisdiction's HOME
Investment Trust Fund Treasury account. The COVID-19 pandemic has drastically
reduced economic activity, reducing state and local tax revenues, and placing financial
strain on participating jurisdictions as they deliver urgently needed public health,
emergency housing,education,and community and social services.Reducing the matching
requirement for participating jurisdictions in areas covered by a major disaster declaration
by 100 percent for FY 2020,2021,and 2022 will ease the economic burden on participating
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jurisdictions and eliminate the need for them to identify other sources of match for HOME
activities.
Justification: Given the urgent housing and economic needs created by COVID-19,and
the substantial financial impact the participating jurisdiction will face in addressing those
needs,waiver of these regulations will relieve the PJ from the need to identify and
provide matching contributions to HOME projects.
Applicability: This match reduction waiver is in effect from October 19, 2019 until
September 30, 2022 and applies to funds expended by a participating jurisdiction for FY
2020, FY 2021,and FY 2022.
•
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 compliant 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.
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 213
Naples,Florida 34112
Email: Carolyn Noble
Telephone: (239)450-5186
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SUBRECIPIENT ATTENTION: Oscar I-lentschel, Executive Director
Collier County I-lousing Authority
1800 Farm Worker Way
Immokalee,Florida 34142
Email: ohentschel@cchafl.org
Telephone: (239)657-3649
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. 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 finds 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 ally 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.CoxAcolliercountyfl.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, arc 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 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
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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 ofthe 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.
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.
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2. If SUBRECIPIENT fails to submit the corrective action plan in a timely manner, CMS 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 COUNfY,
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 funds disbursed by the COUNTY for
the terminated project. This includes the amount invested by the COUNTY for the initial
acquisition of the properties or other activities.
o The SUBRECIPIENT will be considered in violation of Resolution No.2013-228.
If 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
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 ANI) 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 1-IUD 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 SUBRECIPIENI'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 a 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
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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,ifthe 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 any 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 fluids
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 fiords shall be reported to the COUNTY through an annual program
income re-use plan, utilized by the SUBRECIPIENT accordingly, and shall be compliant 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 1-IOME 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://www.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:/hvww.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.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 24 CFR 75 — Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968,as amended. Compliance with the provisions of Section 3 of the
HUD Act of 1968,as amended,and as implemented by the regulations set forth in 24 CFR
75, and all applicable rules and orders issued hereunder prior to the execution of this
Agreement, shall be a condition of the Federal financial assistance provided under this
Agreement and binding upon the COUNTY, the SUBRECIPIENT and any of the
SUBRECIPIENT's Subrecipients and 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.ecfr.govicurrent/title-24/subtitle-A/part-75?toc=1
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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 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 ESG-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 I-IUD 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 ESG-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.
http://radresource.net/doc out.cfm?id=Sec3 Guide
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity
exists that would prevent compliance with these requirements.
https://www.ecfr.gov/current/title-24/subtitle-A/part-75?toc=1
4.9 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972,42 USC§2000e,el.seq. The SUBRECIPIENT will,in all solicitations or advertisements for
employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or
Affirmative Action employer. http://www.eeoc.gov/laws/statutes/titlevii.cfm
4.10 Age Discrimination Act of 1975,Executive Order 11063,and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107 and 12086.
Age Discrimination Act of 1975 -http://www.dol.gov/oasam/regs/statutes/age act.htm
11063: https://www.ecfr.gov/cgi-bin/text-
idx?c=ecfr&tpl=/ecfrbrowse/Titie24/24cfr 13 5_ma in_02.tpl
11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html
11375:Amended by EO 11478
11478: http://www.archives.gov/federal-register/codification/executive-order/11478.html
12107: http://www.archives.gov/federal-register/codification/executive-order/12107.htmI
12086: http:/hvww.archives.gov/federal-register/cod ification/executive-order/12086.html
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4.11 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5),24 CFR 92.251
Section 504: http://www.epa.gov/civilrights/sec504.htm
29 USC 776: http://law.onecle.com/uscode/29/776.html
4.12 The Americans with Disabilities Act of 1990 http://www.fhwa.dot.gov/realestate/ua/index.htm
4.13 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as amended.
http://www.fhwa.dot.gov/realestate/ua/index.htm
4.14 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
4.15 Public Law 100-430-the Fair Housing Amendments Act of 1988.
http://www.ncbi.nlm.nih.gov/pubmed/12289709
4.16 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
4.17 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
finds to: 1)procure or obtain funds;2)extend or renew a contract to procure or obtain;or 3)enter
into a contract(or extend or renew a contract)to procure or obtain equipment,services,or systems
that use(s) covered telecommunications equipment or services as a substantial or essential
component of any system,or as critical technology as part of any system.
4.18 Immigration Reform and Control Act of 1986
http://wmv.eeoc.govieeoc/histoty/35th/thelaw/irca.html
4.19 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—
https://sp 16.bcc.colliergov.net/sites/HumanResources/Shared%20Documents/County-
Practices-and-Procedures-
(CMA)/CMA%205311%20Code%20of%20Ethics%20and%20Anti%20Fraud.pdf
4.20 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.
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4.21 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).
4.22 Dispute Resolution-Prior to the initiation of any action or proceeding permitted by this Agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state
court and the US District Court,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.
http://www.flsenate.gov/Laws/Statutes/2010/44.102
4.23 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act,41 USC 7401,et seq. http://www.law.cornell.edu/uscode/text/42/7401
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
http://www.law.cornell.edu/uscode/text/33/chapter-26
4.24 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&SI D=eba40bdb52822d80827a48bced5 b0b56&rgn=div8&view=text&node=24:3.l.1.
3.4.11.1.6&idno=24
4.25 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&tp1=/ecfrbrowse/Title36/36cfr800 main 02.tpl
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a federal,state,or local historic property list.
http://www.nps.gov/history/local-law/nhpa1966.htm
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4.26 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
4.27 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.
4.28 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.
4.29 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.
4.30 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.
hups://www.ecfr.gov/cgi-bin/text-
idx?S1D=5a78addeffl9a535e83 fed3010308aef&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.
h t tp://www.law.corne l I.edu/c fr/text/24/92.206
4.31 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 finds 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.law.cornel l.edu/cfr/text/49/24.101
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4.32 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,
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.
4.33 Travel reimbursement will be based on the U.S. General Services Administration(GSA) per diem
rates in effect at the time of travel.
4.34 Equal access in accordance with the individual's gender identity in community planning and
development programs,per 24 CFR 5.106.
https:/hvww.govregs.com/regulations/expand/title24part5 subpartA section5.106
4.35 Housing Counseling,including homeownership counseling or rental housing counseling,as defined
in §5.100,required under or provided in connection with any program administered by HUD shall
be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214
to provide housing counseling,consistent with 12 U.S.C. 1701 x,per 24 CFR 5.111.
https:I/www.ecfr.gov/cgi-bin/text-
idx?SID=e339ece9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6
https://www.law.comell.edu/cfritext/24/5.111
4.36 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
4.37 Any rule or regulation determined to be applicable by HUD.
4.38 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,
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2021. Eligibility determination is not required for continuing employees hired prior to January I,
2021.
http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&URL=0400-
0499/0448/0448.html
4.39 Florida Statutes 713.20,Part 1,Construction Liens
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-
0799/0713/0713.html
4.40 Florida Statutes 119.021 Records Retention
http://www.lawserver.com/law/state/florida/statutes/florida statutes_119-021
4.41 Florida Statutes, 119.071,Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display, Statute&URL=0100-
0199/0119/Sections/0119.07.htm I
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, 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 HOME funds while
considering 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 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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4.42 False Claim,Criminal,or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY ally
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), 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.
4.45 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/find ing/Explore/Prop ib itedConduct-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 Office of Justice Program (OJP).
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 I-IOME-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 for 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.
(I) 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
CCHA •
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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 OF CO,,.jj►►��' '`�4 MISSIONERS OF
CRYSTAL K. KINZEL, CLERK COLLIER 0 I' FLORID•
#11111°H1_ 411111111111°
• By: •-■•••
I1�pt'ty ler • _ T
ttest as to Chatrmall",S Wil"am L. McDaniel, Jr., Chairman
signature Only :`;.;
yr Date: t \ `a-a,
.'r:Vo' COLLIER COUNTY HOUSING AUTHORITY
Dated:'--104.1f W �(
(SEA6 By:
OSCAR H _ TSCHEL, EXECUTIVE
DIRECTOR
Date: 12 1502
1
Approved as to form nd legality:
r
Jennirf` . Belpcdio C 0\
Assistant County Attorney
•
Date:
CCHA
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PART VI
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County,c/o Community and Human Services Division,3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440,Florida Statutes.
2. Commercial General Liability including products and completed operations insurance in
the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must
be shown as an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned,non-owned and hired vehicles used in
connection with this 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 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).
CCHA
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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.
CCHA
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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: TBRA
Project No: I-IM21-02 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)
CCl IA
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Exhibit B-1
Match Form
Collier County Request for Match
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Collier County I-Iousing Authority
Subrecipient Address: 1800 Farm Worker Way, Immokalee,FL
Project Name: TBRA
Project No: HM21-02 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 $0.00
(Insert Amount)
3. Total Match Amount Awarded Per Agreement $0.00
Less Total Amount of Previous Match Submitted
4. Amount of Today's Request(Insert Amount) $0.00
5. Match Balance (Match per Agreement less the $0.00
Sum of 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
CCM lA
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EXHIBIT C
QUARTERLY PPERFORMANCE REPORT
Subrecipients: Please complete the questions that pertain to your project only.
Subrecipient Name: Collier County Housing Date:
Authority
Project Title: TBRA
Program Contact: Angela Edison Alternate Contact:
Telephone Number: Telephone Number:
Project#: IDIS#:
Activity Reporting Period Report Due Date
October 151—December 31 S` January 10t1i
January 151—March 315` April 10th
April 1'—June 30t1' July 10'1'
July 1'—September 30th October 10'1i
REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period):
12/31/XX 3/31/XX 6/30/XX 9/3 0/XX
Please note: The I IUD Program year begins October I,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 I: Serve approximately 35 households with rent payments or electric utility,and/or security
deposits for a period up to 24 months
Outcome 2: 75 percent of eligible applicants receive eligible housing within three(3)months of approval,
based on availability of funds and housing
Outcome 3: Conduct outreach to a minimum of four(4) landlords per program year as evidence by quarterly
performance reports
Ib. Goal Progress: Indicate the progress to date in meeting each outcome goal.
Outcome I:
Outcome 2:
Outcome 3:
Mnnthly I?rnt I niterhnlcl Tenant(`nnfi•art
Last # of Securit Tenan TBRA Total %of Hispan Race Famil Type Paid to Newly #
Name, Bed- y Dep t Rent Subsid Rent Media is y of Owner Assist Months
First rooms y n Y/N Size House / ed of
Initial Incom -hold Tenant Y/N assistanc
$
$
$
$
$
CCHA
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1 .60 6
$
$
$
$
$
$
$
Name:
Signature:
Title:
Your typed name here represents your electronic signature
CCHA
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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
Member Asset Description Cash Value Income
from Assets
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)
CCHA
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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),
above, in
box C(e)
below)
2
3
4
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
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E. HOME COUNTY Statement: Based on the representations herein, the family or individual(s)
named in Item A of this Income Certification is/are eligible under the provisions of the HOME.
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 Household 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 Othe 0— 26— 41 —
Indian Asian Black Other Pac. White I. 25 40 61 62+
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.
CCHA
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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
Name Collier County Housing Authority
First Date of Fiscal Year(MM/DD/YY) Last Date of Fiscal Year(MM/DD/YY)
October 1,2021 September 30,2022
Total Federal Financial Assistance Expended (luring Total State Financial Assistance Expended during most
most 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 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
El 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
1 hereby certify that the above information is true and accurate.
Signature: Date
Print Name and Title:
06/18
CCHA
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