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Agenda 06/28/2022 Item #16D 4 (Resolution - FY 2022 Action Plan for US Dept. of Housing & Urban Development CDBG)
06/28/2022 EXECUTIVE SUMMARY Recommendation to: (1) approve the Collier County PY 2022 One-Year Action Plan for the U.S. Department of Housing & Urban Development for Community Development Block Grant, HOME Investment Partnerships, and Emergency Solutions Grants Programs, including the reprogramming of funds from previous years and estimated program income; and authorize the necessary Budget Amendments in the amount of $3,644,735.15 for the HUD FY 2022-2023 budget; (2) approve the Resolution, U.S. Department of Housing and Urban Development Certifications and Assurances, and the SF 424 Applications for Federal Assistance; (3) authorize the Chairman to sign future federal funding agreements and authorize transmittal to the U.S. Department of Housing & Urban Development; and (4) approve and authorize the Chairman to sign ten (10) subrecipient grant agreements. (Housing Grant Fund 705 and Housing Match Fund 706) OBJECTIVE: To maintain compliance with federal regulations to allow for the acceptance and use of federal Housing and Urban Development entitlement funds. CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) offers entitlement funds in different programs to allow local governments to meet program -specific community needs. Entitlement programs include Community Development Block Grant (CDBG) which funds a wide variety of projects such as public services, public infrastructure, public facilities, and other CDBG eligible activities, HOME Investment Partnerships (HOME), which funds housing construction, rehabilitation and acquisition, housing rental assistance, and other eligible housing activities and the Emergency Solutions Grants (ESG) which funds homeless programs such as shelter operations, rental assistance, and street outreach. On June 22, 2021, the Board of County Commissioners (“Board”) approved the County’s Five -Year Consolidated Plan for use of entitlement funds for the period of PY 2021-2025 (Agenda Item #16D7). As part of the County’s 5-year Consolidated Plan, the Community and Human Services (CHS) Division is required to adopt and submit an Annual Action Plan each year. This is the second (2nd) year of the Five- Year Consolidated Plan. The Annual Action Plan was developed in accordance with the County’s Citizen Participation Plan. The County’s process for project selection begins with an application, followed by a recommendation by the Review and Ranking Committee and approved by the County Manager Recommended projects are then outlined and described in the Action Plan and eventually finalized in subrecipient agreements for activities approved by the Board. There may be non-material changes in project descriptions and scope of service, between the initial application, development of the action plan, and finalizing of the contractual agreements which are presented to the Board for approval. Local organizations submitted a total of twenty-nine (29) applications for grant funding during the entitlement grant application period (January - February 2022) and twelve (12) activities have been recommended for HUD funding awards. During PY 2022 Collier County anticipates allocating $5,859,378.76 (including program income and prior year resources) in CDBG, HOME, and ESG funding to address the priority needs and goals identified in the PY 2021-2025 Consolidated Plan. The official Funding Award Agreements will arrive at a later date and the chairman is authorized to execute the award agreements on behalf of the County. To meet the Action Plan goals and outcomes, PY 2022 funding allocations will focus on seven (7) main areas as follows: 16.D.4 Packet Pg. 959 06/28/2022 Table 1: Consolidated Plan Goals, Objectives and Outcomess Goal Name Objective Outcome Anticipated Goal Outcome Indicator New Construction, Rehabilitation/Acquisiti on Homeownership Provide Decent, Affordable Housing Affordability Direct Financial Assistance to Homebuyers: 30 Households Assisted Homeowner Housing Added 25 Household Housing Units Support a Community Housing Development Organization (CHDO) develop 4 Household Housing Units Improve Public Infrastructure Suitable Living Environment Sustainable Infrastructure/ neighborhoods Public Infrastructure Activities benefit: 2,500 Low/Mod Persons Assisted via Area Benefit Improve Public Facilities and Other Facilities Suitable Living Environment Sustainable Facilities Public Facility Improvements benefit: 25,000 Persons Assisted via Area Benefit Provide Public Services Suitable Living Environment Increase/Sustai n needed public services Public service activities other than Low/Mod Housing benefit: 300 Persons Assisted Support New Construction Rehabilitation/Acquisiti on Rental Provide Decent, Affordable Housing Affordability Rental units rehabilitated: 35 Household Housing Units (includes 4 units acquired) Emergency Housing Operations and Services for the Homeless Homeless Assistance Availability/ Accessibility Homeless Person Overnight Shelter: 300 Persons Assisted Homeless Management Information System (HMIS) Support Homeless Assistance Availability/ Accessibility Assist other community agencies in data collection and coordination The Draft Action Plan was advertised for thirty-one (31) days commencing on May 25, 2022, and ending on June 25, 2022, in anticipation of bringing the Action Plan to the June 28 th Board meeting. Citizen comments received prior to the publication of this Agenda Item, if any, will be included as an attachment to the Action Plan. Comments received after publication will be incorporated into the Plan for transmittal to HUD and made part of the public record. Of the twelve (12) projects that have been recommended for award, ten (10) subrecipient agreements are included with this agenda item. One (1) subrecipient agreement for HOME -funded projects is subject to underwriting requirements and one (1) ESG agreement is pending completion of the required risk assessment and all will be forthcoming as a future Board Agenda Item. Further, a required set -aside under the HOME program for development activities with a Community Housing Development Organization will require the County to obligate fifteen percent (15%) of the annual HOME funding allocation to an eligible entity for development activities. Once identified, a developer agreement with that organization will be brought back to the Board for approval. Of the $630,000 in CDBG funds awarded to Collier County Housing Authority (CCHA) for HVAC Installation, $130,000 will be awarded through an amendment to an existing agreement and included in a separate Board agenda item. The balance of $500,000 is included in the CCHA subrecipient agreement included with this item. 16.D.4 Packet Pg. 960 06/28/2022 Table 2: The table below includes current Program Year 2022 allocations and prior year available resources. CDBG Collier County Housing Authority - HVAC Installation 500,000 Collier County Housing Authority - HVAC Installation PY21 130,000 Shelter For Abused Women & Children - Roof Replacement 587,206 Immokalee CRA 1st Street Corridor - Safety Improvements 250,000 Collier County Housing Authority - Rental Acquisition 900,000 Youth Haven 35,972.40 Boys & Girls Club of Collier County - Transportation 75,000 Legal Aid - Services to Victims 180,880 H.E.L.P. - Homebuyer Academy 83,709.60 TOTAL $2,742,768 HOME Collier County - Down Payment Assistance 872,403 Habitat for Humanity - New Construction Assistance 1,000,000 Community Housing Development Organization (CHDO) 126,348 TOTAL $1,998,751 ESG Shelter for Abused Women and Children - Emergency Operations 100,000 Youth Haven 30,677.60 Hunger & Homeless Coalition - HMIS 51,085 TOTAL $181,762.60 The table above includes current PY22 allocation and prior year available resources. FISCAL IMPACT: The HUD grant agreements awarded with PY 22 entitlement funds total $3,567,553, projected program income of $60,571, and a match of $16,611.15 for a total of $3,644,735.15 will allow CHS to administer, implement, and monitor the projects outlined in the FY 2022-2023 Annual Action Plan. Costs associated with grant administration and staffing are primarily covered by the entitlement funding, with a required match contribution for the ESG Program ($16,611.15). Projects are established as CDBG 33823, HOME 33810, and ESG 33824. Budget Amendments are required for PY 22 in the amount of $2,532,752 for CDBG, $873,890 for HOME, and $221,482 for ESG within Housing Grant Fund (705). ESG requires a one-hundred percent (100%) match of $221,482 which will be provided by the sub-recipients and the County cash match amount of $16,611.15 will be available within FY23 Housing Match Fund (706) reserves funded by the General Fund. A Budget Amendment in the amount of $16,611.15 is required in FY23 to appropriate the reserve amount of $16,611.15 to ESG Project 33824. Table 3: Includes only new allocations for Program Year 2022 CDBG HOME ESG TOTAL Award $ 2,503,752 $ 842,319 $ 221,482 $ 3,567,553 Program Income $ 29,000 $ 31,571 $ 60,571 Match $ 16,611.15 $ 16,611.15 TOTAL $2,532,752 $ 873,890 $ 238,093.15 $ 3,644,735.15 *Prior years CDBG and HOME Resources total: $2,231,254.76, including PY 22 $3,644,735.15 for a 16.D.4 Packet Pg. 961 06/28/2022 total of $5,859,378.76 (less $ 16,611.15 ESG match) available to current year activities; $4,923,281.60 for awarded activities and $936,097.16 for administration. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. --DDP GROWTH MANAGEMENT IMPACT: Federal HUD funding assists the County in addressing some of the goals and objectives of the Housing Element in the Growth Management Plan. RECOMMENDATION: To (1) approve the Collier County PY 2022 One-Year Action Plan for the U.S. Department of Housing & Urban Development for Community Development Block Grant, HOME Investment Partnerships, and Emergency Solutions Grants Programs, including the reprogramming of funds from previous years and estimated program income; and authorize the necessary budget amendments in the amount of $3,644,735.15 for the HUD FY 2022-2023 budget; (2) approve the Resolution, U.S. Department of Housing and Urban Development Certifications and Assurances, and SF 424 Applications for Federal Assistance; (3) authorize the Chairman to sign future federal funding agreements and authorize transmittal to the U.S. Department of Housing & Urban Development; and (4) approve and authorize the Chairman to sign ten subrecipient grant agreements. Prepared By: Jacob LaRow, Manager- Housing, Grant Development & Operations; Community and Human Services Division ATTACHMENT(S) 1. [Linked] Collier County 2022 AAP Draft - Publication Version 5.25.22 (PDF) 2. Annual Action Plan - Resolution (PDF) 3. HUD Assurances (PDF) 4. HUD Certifications (PDF) 5. SF 424 (PDF) 6. [Linked] The Shelter for Abused Women & Children, Inc. - Operations Agreement (ESG) (PDF) 7. [Linked] Youth Haven, Inc. - Shelter Personnel Agreement (ESG) (PDF) 8. [Linked] Collier County Housing Authority (CCHA) HVAC- (CDBG) (PDF) 9. Immokalee CRA-Safety Improvements (CDBG) (PDF) 10. Shelter for Abused Women and Children-Roof Replacement (CDBG) (PDF) 11. [Linked] Boys & Girls Club Immokalee Transportation (CDBG) (PDF) 12. [Linked] Youth Haven, Inc. Shelter Personnel (CDBG) (PDF) 13. [Linked] Legal Aid - Legal Services to Victims (CDBG) (PDF) 14. [Linked] HELP - Home Buyer Academy (CDBG) (PDF) 15. Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (PDF) 16.D.4 Packet Pg. 962 06/28/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.4 Doc ID: 22337 Item Summary: Recommendation to: (1) approve the Collier County PY 2022 One-Year Action Plan for the U.S. Department of Housing & Urban Development for Community Development Block Grant, HOME Investment Partnerships, and Emergency Solutions Grants Programs, including the reprogramming of funds from previous years and estimated program income; and authorize the necessary budget amendments in the amount of $3,644,735.15 for the HUD FY 2022-2023 budget; (2) approve the Resolution, U.S. Department of Housing and Urban Development Certifications and Assurances, and the SF 424 Applications for Federal Assistance; (3) authorize the Chairman to sign future federal funding agreements and authorize transmittal to the U.S. Department of Housing & Urban Development; and (4) approve and authorize the Chairman to sign ten (10) subrecipient grant agreements. (Housing Grant Fund 705 and Housing Match Fund 706) Meeting Date: 06/28/2022 Prepared by: Title: – Community & Human Services Name: Jacob LaRow 05/25/2022 4:41 PM Submitted by: Title: Manager - Federal/State Grants Operation – Community & Human Services Name: Kristi Sonntag 05/25/2022 4:41 PM Approved By: Review: Community & Human Services Jacob LaRow CHS Review Skipped 06/01/2022 8:14 AM Community & Human Services Blanca Aquino Luque Additional Reviewer Completed 06/01/2022 1:35 PM Communications, Government, and Public Affairs Lisa Weinmann Additional Reviewer Completed 06/01/2022 2:36 PM Community & Human Services Jocelyn Pickens Additional Reviewer Completed 06/01/2022 3:22 PM Community & Human Services Maggie Lopez Additional Reviewer Completed 06/01/2022 3:24 PM Operations & Veteran Services Kimberley Grant Additional Reviewer Completed 06/01/2022 3:33 PM Public Services Department Todd Henry PSD Level 1 Reviewer Completed 06/02/2022 9:28 AM Public Services Department Tanya Williams PSD Department Head Review Completed 06/08/2022 1:57 PM Grants Erica Robinson Level 2 Grants Review Completed 06/17/2022 8:29 AM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 06/20/2022 9:18 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/20/2022 9:32 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/20/2022 11:50 AM 16.D.4 Packet Pg. 963 06/28/2022 Grants Therese Stanley Additional Reviewer Completed 06/20/2022 1:24 PM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 06/20/2022 3:11 PM Facilities Management Ed Finn Additional Reviewer Completed 06/20/2022 7:06 PM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 06/21/2022 9:50 AM Board of County Commissioners Geoffrey Willig Meeting Pending 06/28/2022 9:00 AM 16.D.4 Packet Pg. 964 16.D.4.b Packet Pg. 965 Attachment: Annual Action Plan - Resolution (22337 : PY 2022 HUD Annual Action Plan) 16.D.4.b Packet Pg. 966 Attachment: Annual Action Plan - Resolution (22337 : PY 2022 HUD Annual Action Plan) 16.D.4.c Packet Pg. 967 Attachment: HUD Assurances (22337 : PY 2022 HUD Annual Action Plan) 16.D.4.c Packet Pg. 968 Attachment: HUD Assurances (22337 : PY 2022 HUD Annual Action Plan) 16.D.4.c Packet Pg. 969 Attachment: HUD Assurances (22337 : PY 2022 HUD Annual Action Plan) 16.D.4.c Packet Pg. 970 Attachment: HUD Assurances (22337 : PY 2022 HUD Annual Action Plan) 16.D.4.c Packet Pg. 971 Attachment: HUD Assurances (22337 : PY 2022 HUD Annual Action Plan) 16.D.4.c Packet Pg. 972 Attachment: HUD Assurances (22337 : PY 2022 HUD Annual Action Plan) 16.D.4.d Packet Pg. 973 Attachment: HUD Certifications (22337 : PY 2022 HUD Annual Action Plan) 16.D.4.d Packet Pg. 974 Attachment: HUD Certifications (22337 : PY 2022 HUD Annual Action Plan) 16.D.4.d Packet Pg. 975 Attachment: HUD Certifications (22337 : PY 2022 HUD Annual Action Plan) 16.D.4.d Packet Pg. 976 Attachment: HUD Certifications (22337 : PY 2022 HUD Annual Action Plan) 16.D.4.d Packet Pg. 977 Attachment: HUD Certifications (22337 : PY 2022 HUD Annual Action Plan) 16.D.4.d Packet Pg. 978 Attachment: HUD Certifications (22337 : PY 2022 HUD Annual Action Plan) 16.D.4.d Packet Pg. 979 Attachment: HUD Certifications (22337 : PY 2022 HUD Annual Action Plan) 16.D.4.e Packet Pg. 980 Attachment: SF 424 (22337 : PY 2022 HUD Annual Action Plan) 16.D.4.e Packet Pg. 981 Attachment: SF 424 (22337 : PY 2022 HUD Annual Action Plan) 16.D.4.e Packet Pg. 982 Attachment: SF 424 (22337 : PY 2022 HUD Annual Action Plan) 16.D.4.e Packet Pg. 983 Attachment: SF 424 (22337 : PY 2022 HUD Annual Action Plan) 16.D.4.e Packet Pg. 984 Attachment: SF 424 (22337 : PY 2022 HUD Annual Action Plan) 16.D.4.e Packet Pg. 985 Attachment: SF 424 (22337 : PY 2022 HUD Annual Action Plan) 16.D.4.e Packet Pg. 986 Attachment: SF 424 (22337 : PY 2022 HUD Annual Action Plan) 16.D.4.e Packet Pg. 987 Attachment: SF 424 (22337 : PY 2022 HUD Annual Action Plan) 16.D.4.e Packet Pg. 988 Attachment: SF 424 (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 1 FAIN # B-22-UC-12-0016 Federal Award Date 10/2022 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded $250,000.00 Subrecipient Name Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA) UEI# JWKJKYRPLLU6 FEIN 59-6000558 R&D NA Indirect Cost Rate NA Period of Performance 10/1/2022-4/30/2024 Fiscal Year End 9/30 Monitor End: 6/2029 AGREEMENT BETWEEN COLLIER COUNTY AND Collier County Community Redevelopment Agency (Immokalee CRA) CDBG Grant Program – Design THIS AGREEMENT is made and entered into this ____ day of _______ 2022, by and between Collier County, a political subdivision of the State of Florida, (“COUNTY”) having its principal address at 3339 Tamiami Trail East, Naples, FL 34112, and Collier County Community Redevelopment Agency (Immokalee CRA)) (“SUBRECIPIENT”), a Community Redevelopment Organization having its principal office at 750 South 5th Street, Suite C, Immokalee, FL 34142. WHEREAS, the COUNTY has entered into an Agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the Board of County Commissioners of Collier County (“Board”) approved the Collier County Consolidated Plan – One-year Action Plan for Federal Fiscal Year 2022-2023 for the CDBG Program with Resolution 2022-____ on June 28, 2022 – Agenda Item 16.D.____; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the COUNTY advertised the 2022-2023 Annual Action Plan, on May 23, 2022, with a 30-day Citizen Comment period from May 23, 2022 to June 22, 2022; and CAO 16.D.4.j Packet Pg. 989 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 2 WHEREAS, the SUBRECIPIENT has submitted a proposal for participation in the Collier County CDBG program; and WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in undertaking the CDBG project – (CD22-03) First Street Corridor Pedestrian Safety Improvement Design. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART I SCOPE OF WORK SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: First Street Corridor Pedestrian Safety Improvement Design Description of project and outcome: CHS, as an administrator of the CDBG program, will make available FY 2022-2023 CDBG funds up to the gross amount of $250,000.00 to Collier County Redevelopment Agency (Immokalee CRA) to fund the design portion of the First Street Pedestrian Safety Improvements project in Immokalee, FL. Project Component One: Complete the design portion of the First Street Pedestrian Safety Improvements project including all project associated costs and fees. 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this Agreement, SUBRECIPIENT must deliver to CHS for approval, a detailed project schedule for the completion of the project. B. SUBRECIPIENT must submit the following resolutions and policies to CHS within sixty (60) days of execution of this Agreement: Affirmative Fair Housing Policy Affirmative Action/Equal Opportunity Policy Conflict of Interest Policy (COI) and related COI Forms Procurement Policy Uniform Relocation Act (URA) Policy Sexual Harassment Policy Section 3 Policy CAO 16.D.4.j Packet Pg. 990 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 3 Section 504/ADA Policy Fraud, Waste, and Abuse Policy Language Assistance and Planning Policy (LAP) Limited English Proficiency Policy (LEP) Violence Against Women Act (VAWA) Policy LGBTQ Policy C. Environmental Review Requirement (ERR) – This Agreement does not constitute a commitment of Funds or site approval. The commitment of Funds or site approval may occur only upon satisfactory completion of environmental review and either (i) the determination that the project is Exempt or (ii) the COUNTY’s receipt of an approved request for release of funds and certification from HUD, under 24 CFR Part 58. The provision of any funds to the project is conditioned on the COUNTY’s determination to proceed with, modify, or cancel the project based on the results of the environmental review. No program costs can be incurred until an environmental review of the project is completed and approved by the COUNTY. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to CHS issuance of the Notice to Proceed (NTP) letter. Violation of this provision may result in the termination of this subaward and/or the denial of any reimbursement of funds under this Agreement. Annual Subrecipient Training – All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement shall attend the CHS- sponsored Annual SUBRECIPIENT Fair Housing training and all other CHS-offered SUBRECIPIENT training relevant to the Project, as determined by the Grant Coordinator, not to exceed four (4) sessions. D. 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 persons”) 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 HUD 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. 1.2 PROJECT DETAILS A. Project Description/Project Budget CAO 16.D.4.j Packet Pg. 991 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 4 Description Federal Amount Complete the design portion of the First Street Pedestrian Safety Improvements project including all project associated costs and fees. $250,000.00 Total Federal Funds: $250,000.00 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 Provide Leverage Funds Report Ensure attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS Ensure attendance by SUBRECIPIENT and General Contractor at Pre-Construction meetings, prior to SUBBRECIPIENT issuing Notice to Proceed (NTP) to contractor Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation Identify Lead Project Manager Provide Site Design and Specifications Submit Change Orders for CHS approval prior to SUBRECIPIENT authorizing work Comply with Davis-Bacon Labor Standards Comply with Section 3 and maintain documentation Provide weekly certified payroll throughout construction and rehabilitation Comply with Uniform Relocation Act (URA), if necessary Ensure applicable numbers of units are Section 504/ADA accessible Ensure the applicable continued use period for the project is met B. National Objective The CDBG program Funds awarded to Collier County must benefit low- to moderate-income persons (LMI). As such, SUBRECIPIENT shall ensure that all activities and beneficiaries meet the definition of: LMA – Low/Mod Area Benefit LMC – Low/Mod Clientele Benefit LMH – Low/Mod Housing Benefit LMJ – Low/Mod Job Benefit LMA: Must document where at least 51 percent of the residents are LMI persons, based on HUD determined eligible census tracts. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. CAO 16.D.4.j Packet Pg. 992 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 5 LMC: Must document that at least 51 percent of persons served, are low- to moderate- income persons or households, in order to meet a CDBG National Objective. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must contain at least 51 percent occupied by LMI households, and structures with less than three units must be occupied by 100 percent LMI households. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMJ: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 percent of which (computed on a full-time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. C. Performance Deliverables Program Deliverable Deliverable Supporting Documentation Submission Schedule Insurance Insurance Certificate Within 30 days of Agreement execution and Annually upon expiration date Special Grant Condition Policies (Section 1.1) Policies as stated in this Agreement Within sixty (60) days of Agreement execution Detailed Project Schedule Project Schedule Within sixty (60) days of Agreement execution Project Plans and Specifications Site Plans and Specifications Upon completion Draft Procurement Documents (Bid Packet)* Independent Cost Estimate, Method of Procurement, Bid Advertisement, Solicitation Packet. Within 90 days of Agreement execution Subcontractor Log Subcontractor Log N/A Quarterly Progress Report Exhibit C 1. Quarterly reports within 10 days following the quarter end. 2. Final report upon submission of the final pay request in Neighborly. 3. Annually after closeout Section 3 Report Quarterly Report of New Hire Information N/A Leverage Funds Report Exhibit C-1 1. Quarterly, within 10 days following quarter end. 2. Final report upon submission of the final pay request in Neighborly. Davis-Bacon Act Certified Payroll Weekly Certified Payroll reports, forms, and supporting documentation required to be submitted through the County N/A CAO 16.D.4.j Packet Pg. 993 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 6 electronic certified payroll system LCP Tracker. Annual Audit Monitoring Report Exhibit E Annually, within 60 days after FY end Financial and Compliance Audit Audit, Management Letter, and Supporting Documentation Annually: nine (9) months after FY end for Single Audit OR one hundred eighty (180) days after FY end Continued Use Certification Continued Use Affidavit, if applicable Annually, for five (5) years after Project Closeout Capital Needs Assessment Plan Plan approved by the COUNTY Initial Plan due after construction completion. Annually throughout the continued use period Program Income Reuse Plan Plan Approved by the COUNTY N/A * SUBRECIPIENT’s Notice to Proceed may be withheld if procurement deliverables are notsubmitted in a timely manner, as stated in Section 1.2.C, Performance Deliverables. SUBRECIPIENT must submit to the COUNTY, for approval, all Change Orders required during the project. Failure to submit Change Orders in a timely manner, may result in delay or withholding of payment, as well as a cease work order until all change orders have been reviewed and approved, at which time a new Notice to Proceed will be issued. D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Complete the design portion of the First Street Pedestrian Safety Improvements project including all project associated costs and fees. Submission of supporting documents must be provided as backup, as evidenced by cancelled check, invoice, bank statements, and any other additional documentation as requested. SUBRECIPIENT shall complete the project to benefit the community no later than April 2029 or within 5 years of final payment whichever is sooner. Sould the SUBRECIPIENT fail to complete and achieve the National Objective the entire award amount shall be repaid from non- federal sources. Submission of monthly payment requests within 30 days of the prior month. SUBRECIPIENT’S failure to achieve the National Objective will require repayment of the CDBG investment under this Agreement. 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall begin on October 1, 2022 and shall end on April 30, 2024. CAO 16.D.4.j Packet Pg. 994 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 7 The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available TWO HUNDRED AND FIFTY THOUSAND DOLLARS AND ZERO CENTS ($250,000.00) for use by SUBRECIPIENT, during the term of the Agreement (hereinafter, shall be referred to as the Funds). Modification to the Budget and Scope may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only be made with Board of County Commissioners (Board) approval. The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks, as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of CDBG Funds until Funds are needed for eligible costs; and all disbursement requests must be limited to the amount needed at the time of the request. SUBRECIPIENT may expend Funds only for allowable costs resulting from obligations incurred during the term of this Agreement. Invoices for work performed are required every month. If no work has been performed during the month, or if SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to SUBRECIPIENT when requested as work progresses, but not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. COUNTY will pay SUBRECIPIENT Funds available under this Agreement based on information submitted by SUBRECIPIENT and consistent with any approved budget and COUNTY policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by SUBRECIPIENT, not to exceed actual cash requirements. Payments will be adjusted by CHS in accordance with advance Fund and program income balances available in SUBRECIPIENT accounts. In addition, COUNTY reserves the right to liquidate Funds available under this Agreement for costs incurred by COUNTY on behalf of SUBRECIPIENT. Final invoices are due no later than 90 days after the end of the Agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. CHS may withhold any pay request 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 or evidence of project inactivity may cause payment suspension of any open pay requests until CAO 16.D.4.j Packet Pg. 995 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 8 the required deliverables are received or substantial project progression occurs, as determined by CHS. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice, and in compliance with sections 218.70-218.80, Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.” 1.5 LEVERAGE FUNDS Leveraged funds must be identified, tracked, and verifiable in the SUBRECIPIENT’s records. Resources must be fully identified and described in the Agreement and the approved budget submitted with the application. Resources must also meet the following criteria to be allowable as leverage: a. Expenditures of leveraged funds or resources are permitted only for eligible activities and allowable costs under the cost principles specified by the OMB Circulars referenced in this Agreement. Expenditures must be necessary and reasonable for proper and efficient accomplishments of project or program objectives. b. Leveraged resources committed on one project may not be used as leverage or match for any other project or program. c. Leveraged resources must represent newly created resources covering expenditures that would not be incurred if the award were not made. d. Leveraged resources may not be Federal funds under a different award, except where Federal statute allows their use for cost sharing (such as the Community Development Block Grant program). e. Third-party cash or in-kind contributions offered as leverage require a commitment letter on company letterhead signed by the individual who is in a position to commit the in-kind contribution. The contribution is only allowable if not utilized towards matching dollars. 1.6 COST PRINCIPLES Payments to 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 1.6-Cost Principles) of this Agreement, SUBRECIPIENT is defined as described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed specifically to the project(s) 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 Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart E; however, the COUNTY is and may impose requirements upon the Developer to remain compliant with COUNTY’s obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. CAO 16.D.4.j Packet Pg. 996 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 9 1.7 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Judith Sizensky, Grant Coordinator Collier County Government Community and Human Services Division 3339 Tamiami Trail East, Suite 213 Naples, Florida 34112 Email: Judith.Sizensky @colliercountyfl.gov Telephone: (239) 252-2590 SUBRECIPIENT ATTENTION: Christie Betancourt, Operations Manager Collier County Community Redevelopment Agency (Immokalee CRA) 750 South 5th Street, Suite C Immokalee, Florida 34142 Email: christie.betancourt@colliercountyfl.gov Telephone: (239) 285-7647 Remainder of Page Intentionally Left Blank CAO 16.D.4.j Packet Pg. 997 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 10 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit all records, documentation, and any other data relating to all matters covered by the Agreement. SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its receipt of the report. SUBRECIPIENT’s failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning Subrecipient audits and 2 CFR 200.501 Federal Award amounts expended shall be determined in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to determine compliance with the requirements of this Agreement, the CDBG Program, and all other applicable laws and regulations. This documentation shall include but is not limited to, the following: A. All records required by CDBG regulations. B. SUBRECIPIENT shall create and maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform the service. C. SUBRECIPIENT shall make available to the COUNTY or CHS at any time upon request, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of Funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail to properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. CAO 16.D.4.j Packet Pg. 998 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 11 D. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, and in a readily accessible, permanent, and secured location for three (3) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.334, 24 CFR 570.493 and 24 CFR 570.502(a)(7)(ii). However, if any litigation, claim, or audit is started before the expiration date of the three (3) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If SUBRECIPIENT ceases to exist after the closeout of this Agreement, it shall notify the COUNTY in writing, of the address where the records are to be kept, as outlined in 2 CFR 200.337. SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in SUBRECIPIENT’S possession upon termination 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 SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO SUBRECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, IT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-2679, Michael.Brownlee@colliercountyfl.gov, 3299 Tamiami Trail E, Naples, FL 34112. E. SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Act of 1931, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, SUBRECIPIENT shall maintain records showing compliance with Federal purchasing requirements and other Federal requirements for grant implementation. F. 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. SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT’S compliance. G. SUBRECIPIENT shall document how it complied with the National Objective(s), as defined in 24 CFR 570.208, and the eligibility requirement(s) under which funding was received. This includes special requirements, such as necessary and appropriate determinations as defined in 24 CFR 570.208, income certification, and written agreements with beneficiaries, where applicable. CAO 16.D.4.j Packet Pg. 999 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 12 H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records, and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public records that are released from public records disclosure requirements are not disclosed, except as authorized by 2 CFR 200.337 and 2 CFR 200.338. 2.3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit E) no later than 60 days after SUBRECIPIENT’S fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for Subrecipients exempt from Single Audit) after the SUBRECIPIENT’S fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may carry out no fewer than one (1) annual on-site monitoring visit and evaluation activities, as determined necessary. At the COUNTY’s discretion, a desktop review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. Upon request by CHS, SUBRECIPIENT shall submit information and status reports required by CHS or HUD, to enable CHS to evaluate said progress and allow for completion of required reports. SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. COUNTY will monitor SUBRECIPIENT’S performance in an attempt to mitigate fraud, waste, abuse, or non-performance, based on goals and performance standards as stated with all other applicable laws, regulations, and policies governing the funds provided under this Agreement, further defined by 2 CFR 200.332. Substandard performance, as determined by CHS, will constitute noncompliance with this Agreement. If corrective action is not taken by 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 control systems and procedures necessary to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and to provide proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT’S internal control systems and all transactions and other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. CAO 16.D.4.j Packet Pg. 1000 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 13 SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the performance of this 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 the COUNTY issuing Findings or Concerns to SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action plan to CHS within 10 business days following issuance of the report. · Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. · CHS will be available to provide Technical Assistance (TA) to SUBRECIPIENT, as needed, in order to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely manner, the COUNTY may require a portion of the awarded grant funds to be returned to the COUNTY. · CHS may require SUBRECIPIENT to return upwards of 5 percent of the award amount to the COUNTY, at the discretion of the Board. · SUBRECIPIENT may be denied future consideration, as set forth in Resolution No. 2013-228. 3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected, and has been informed by CHS of their substantial noncompliance by certified mail, CHS may require a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed, to be returned to the COUNTY. CAO 16.D.4.j Packet Pg. 1001 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 14 · CHS may require SUBRECIPIENT to return upwards of 10 percent of the award amount to the COUNTY, at the discretion of the Board. · SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. 4. If after repeated notification, SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend termination of the Agreement or award. · CHS will make a recommendation to the Board to immediately terminate the Agreement. SUBRECIPIENT will be required to repay all Funds disbursed by CHS for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. · SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board’s discretion. 2.6 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. Reports showing lack of project activity may result in withholding of payment or issuance of a Notice of Non- Compliance. During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January, April, July, and October, respectively, for the prior quarter period end. As part of the report submitted in October, SUBRECIPIENT agrees to include a comprehensive final report covering the agreed-upon Program objectives, activities, and expenditures including but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit C, which contains an example reporting form to be used in fulfillment of this requirement. Additionally, all leveraged funds utilized in support of this project will be submitted on Exhibit C-1 as part of the final report. Other reporting requirements may be required by the County Manager or designee if the Program changes, the need for additional information or documentation arises, and/or if 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. CAO 16.D.4.j Packet Pg. 1002 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 15 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY’s sole discretion and judgment. SUBRECIPIENT shall cause all provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. 3.2 GENERAL COMPLIANCE SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants), including subpart K of these regulations, except that (1) SUBRECIPIENT does not assume the COUNTY’S environmental responsibilities described in 24 CFR 570.604; (2) SUBRECIPIENT does not assume the COUNTY’S responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) SUBRECIPIENT is required to follow the Federal procurement process; and (4) for Developers, revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. 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. SUBRECIPIENT is prohibited from using Funds provided herein, or personnel employed in the administration of the program for political activities, inherently religious activities, lobbying, political patronage, and nepotism activities. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. SUBRECIPIENT shall always remain an “independent contractor” with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers’ Compensation Insurance, as the SUBRECIPIENT is independent from the COUNTY. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such amendments make specific reference to this Agreement, are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY’S Board. Such CAO 16.D.4.j Packet Pg. 1003 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 16 amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or Local governmental guidelines, policies, available funding amounts, or for other reasons. If such amendments result in a change in the funding, scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from HUD CDBG grant Funds and must be implemented in full compliance with all of HUD’s rules and regulations and any agreement between COUNTY and HUD governing the CDBG Funds pertaining to this Agreement. In the event of curtailment or non-production of said Federal Funds, or the reduction of Funds awarded by HUD to the COUNTY, to a level that the County Manager determines to be insufficient to adequately administer the project, the financial resources necessary to continue to pay SUBRECIPIENT all or any portion of the Funds will not be available. In either event, the COUNTY may terminate this Agreement, which shall be effective as of the date that it is determined by the County Manager or designee, in his/her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, SUBRECIPIENT shall indemnify and hold harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action, which may arise out of an act or omission including but not limited to, reasonable attorneys’ and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies, which otherwise may be available to an indemnified party or person described in this paragraph. SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith, shall defend all suits in the name of the COUNTY, and shall pay all costs (including attorney’s fees) and judgments which may issue there-on. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in section 768.28, Florida Statutes. This section shall survive the expiration or termination of this Agreement. CAO 16.D.4.j Packet Pg. 1004 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 17 3.7 GRANTEE RECOGNITION/SPONSORSHIPS SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of program sponsorships, research reports, and similar public notices, whether printed or digitally prepared and released by SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: “FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION” and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information to the general public regarding the development team as well as Equal Housing Opportunity. Construction signs shall comply with applicable COUNTY codes. If this Agreement results in any copyrightable material or inventions, CHS and/or the COUNTY reserve the right to royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use; and to authorize others to use the work or materials for governmental purposes. 3.8 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.341, this Agreement may be terminated for convenience by either the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and in the case of partial terminations, the portion to be terminated. However, in the case of a partial termination, if the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. This Agreement may also be terminated by the COUNTY, if the award no longer effectuates the program goals or grantor agency priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement, in compliance with 2 CFR 200, Appendix II (A): A. Failure to comply with any of the rules, regulations, or provisions referred to herein; or such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as may become applicable at any time. B. Failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner. C. Ineffective or improper use of Funds provided under this Agreement. D. Submission of reports to the COUNTY that are incorrect or incomplete in any material respect. E. Submission of any false certification. CAO 16.D.4.j Packet Pg. 1005 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 18 F. Failure to materially comply with any terms of this Agreement. G. Failure to materially comply with the terms of any other agreement between the COUNTY and SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any combination of one or more of the following remedies, in compliance with 2 CFR 200, Appendix II (B): A. Require specific performance of the Agreement in whole or in part. B. Require the use of, or change in, professional property management, if applicable. C. Require SUBRECIPIENT to immediately repay to the COUNTY all CDBG Funds received under this Agreement. D. Apply sanctions, if COUNTY determines them to be applicable. E. Stop all payments until identified deficiencies are corrected. F. Terminate this Agreement by giving written notice to SUBRECIPIENT specifying the effective date of such termination. If the Agreement is terminated by the COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. 3.9 SUSPENSION AND DEBARMENT SUBRECIPIENT certifies that neither it, nor its principals, are 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 12549 (1986) and 12689 (1989), Suspension and Debarment, and 2 CFR 200.214, as further detailed in Section 4.18. 3.10 REVERSION OF ASSETS In the event of Agreement termination, and in addition to any and all other remedies available to the COUNTY (whether under this Agreement, at law, or in equity), SUBRECIPIENT shall, at the time of termination (or expiration), immediately transfer to the COUNTY any property on hand and any accounts receivable attributable to the use of CDBG Funds, per 24 CFR 570.503(b)(7). The COUNTY’S receipt of any Funds on hand at the time of termination shall not waive the COUNTY’S right (nor excuse SUBRECIPIENT’S obligation) to recoup all or any portion of the Funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). All program assets (unexpended program income, property, equipment, etc.) shall revert to CHS upon termination of this Agreement. CAO 16.D.4.j Packet Pg. 1006 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 19 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said insurance shall be carried continuously during SUBRECIPIENT’S performance under the Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the Federal Regulations for the Community Development Block Grant (24 CFR 570 et seq.). 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through 200.327) and Collier County’s Procurement Ordinance #2017-08, as amended. Current purchasing thresholds are: Range: Competition Required $0 - $50,000 3 Written Quotes $50,001+ Formal Solicitation (ITB, RFP, etc.) All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or put out to competitive bidding, under a procedure acceptable to COUNTY and Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest, responsible, and qualified bidder. SUBRECIPIENT shall manage contract administration, and CHS shall monitor the administration. CHS shall have access to all records and documents related to the Project. In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II (J) and 2 CFR 200.323. 3.14 PROGRAM GENERATED INCOME No Program Income is anticipated. However, if Program Income is derived from the use of CDBG funds disbursed under this Agreement, such Program Income shall be utilized by the SUBRECIPIENT only for CDBG-eligible activities approved by the COUNTY. Any Program Income (as such term is defined under applicable Federal regulations) gained from any CAO 16.D.4.j Packet Pg. 1007 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 20 SUBRECIPIENT activity funded by CDBG Funds shall be reported to the COUNTY through an annual Program Income Re-use Plan, utilized by the SUBRECIPIENT accordingly, and shall comply with 2 CFR 200.307, 24 CFR parts 570.489 and 570.500, and 24 CFR 570.504 in the operation of the Program. When Program Income is generated by an activity that is only partially assisted by CDBG Funds, the income shall be prorated to reflect the percentage of CDBG Funds used. If there is a Program Income balance at the end of the Program Year, such balance shall revert to the COUNTY’s Community Block Grant Program, for further reallocation. 3.15 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT’S obligation to the COUNTY shall not end until all closeout requirements are completed. SUBRECIPIENT may close out the project with the COUNTY after the five (5) year continued use period has been met. The continued use period shall commence with the latter of the SUBRECIPIENT meeting the National Objective or the recording of lien and/or deed restriction documentation. Activities during this closeout period shall include but are not limited to making final payments; disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY); and determining the custodianship of records Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that SUBRECIPIENT has control over CDBG Funds, including program income. In addition to the records retention outlined in section 2.2 (Records and Documentation) of this Agreement, SUBRECIPIENT shall comply with section 119.021, Florida Statutes, regarding records maintenance, preservation, and retention. A conflict between State and Federal records retention requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. Any balance of unobligated Funds that have been advanced or paid must be returned to the COUNTY. Any Funds paid exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information complying with section 215.97, Florida Statutes, the 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 SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement based on race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment. Also, to the greatest extent feasible, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. CAO 16.D.4.j Packet Pg. 1008 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 21 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES SUBRECIPIENT will use its best efforts to afford small businesses and minority and women’s business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and “minority and women’s business enterprise” means a business that is at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, “minority group members” are Black Americans, Hispanic Americans , Asian/PacificAmericans, Native Americans, and Hasidic Jews. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and women’s business enterprises, in lieu of an independent investigation. 3.18 PROGRAM BENEFICIARIES If the Agreement is meeting a National Objective through an LMI strategy, at least 51 percent of the beneficiaries of a project funded through this Agreement must be low- and moderate-income persons or presumed to be low- to moderate-income persons based on applicable regulation. Determination of income eligibility is based on the annual income of the family or household. This Agreement conforms to the definition of Annual Income, per 24 CFR 570.3(1)(i), where Annual income is defined under the Section 8 Housing Assistance Payments. Details for calculating the Annual Income are contained in 24 CFR 5.609, with practical instructions contained in HUD Handbook 4350.3, Chapter 5. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than 30 percent of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the COUNTY’s Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit C of this Agreement. 3.19 AFFIRMATIVE ACTION SUBRECIPIENT agrees that it is committed to carrying 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. Prior to the award of Funds, SUBRECIPIENT shall submit to the COUNTY for approval a plan for an Affirmative Action Program. The Affirmative Action Program must be updated throughout the continued use period and submitted to the COUNTY within 60 days of any update/modification. SUBRECIPIENT’s contracting officer will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or worker’s representative of SUBRECIPIENT’s commitments hereunder, and shall post copies of the notice in conspicuous places available to all employees and applicants for employment. CAO 16.D.4.j Packet Pg. 1009 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 22 3.20 CONFLICT OF INTEREST SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement; and that no person having any conflict of interest shall be employed or subcontracted by SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 “Conflict of Interest,” 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. 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 SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY’s sole discretion. This provision is not intended to limit SUBRECIPIENT’S ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of SUBRECIPIENT, its employees, or its contractors shall be disclosed to CHS in writing, provided however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low- and moderate-income residents of the project target area. 3.21 BYRD ANTI-LOBBYING AMENDMENT Each tier certifies that the tier above it will not, and has not, used Federally appropriated Funds to pay any person or organization for influencing or attempting to influence the award of Federal Funds, as covered by 31 USC 1352, and more fully described in Section 4.54 of this Agreement. Contractors who apply or bid for an award of $100,000 or more shall file the required certification. 3.22 RELIGIOUS ORGANIZATIONS CDBG Funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment and will not limit employment or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services and will not limit such services or give preference to persons based on religion. C. It will retain its independence from Federal, State, and Local governments and may continue to carry out its mission, including the definition, practice, and expression of its CAO 16.D.4.j Packet Pg. 1010 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 23 religious beliefs, provided it does not use direct CDBG Funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. The Funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG Funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities, in accordance with the cost accounting requirements applicable to CDBG Funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. 3.23 INCIDENT REPORTING If SUBRECIPIENT provides services to clients under this Agreement, SUBRECIPENT and any subcontractors shall report to the COUNTY, knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person. 3.24 SEVERABILITY Should any provision of this Agreement be determined unenforceable or invalid, such determination shall not affect the validity or enforceability of any other section or part thereof. 3.25 MISCELLANEOUS SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. SUBRECIPIENT represents and warrants that the financial data, reports, and other information it furnished to the COUNTY regarding the Project are accurate and complete, and financial disclosures fairly represent the financial position of SUBRECIPIENT. SUBRECIPIENT understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the COUNTY’S or SUBRECIPIENT’s responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service and, in case of a minor, that of a responsible parent/guardian. SUBRECIPIENT certifies that it has the legal authority to receive the funds under this Agreement and its governing body has authorized the execution and acceptance of this Agreement. SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind SUBRECIPIENT to the terms of this Agreement. The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida, without giving effect to its provisions regarding choice of laws. CAO 16.D.4.j Packet Pg. 1011 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 24 All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all applicable federal, state, and municipal laws, ordinances, regulations, orders, and guidelines, including but not limited to any applicable regulations issued by the COUNTY. Electronic Signatures. This Agreement, and related documents entered into in connection with this Agreement, are signed when a party’s signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. 3.26 WAIVER The COUNTY’S failure to act with respect to a breach by SUBRECIPIENT does not waive its right to act with respect to subsequent or similar breaches. The COUNTY’S failure to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. Remainder of Page Intentionally Left Blank CAO 16.D.4.j Packet Pg. 1012 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 25 PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title24/24cfr570_main_02.tpl 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. https://www.ecfr.gov/cgi-bin/text- idx?SID=1acdb92f3b05c3f285dd76c26d14f54e&mc=true&node=pt24.1.58&rgn=div5 Resource Conservation and Recovery Act (RCRA). Under RCRA codified at 42 USC 6962, state and local institutions of higher education, hospitals, and non-profit organizations that receive direct Federal awards or other Federal Funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to the EPA guidelines. Summary of the Resource Conservation and Recovery Act | US EPA 4.3 Hatch Act: The SUBRECIPIENT shall comply with the Hatch Act, 5 USC 1501-1508 and shall ensure that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 Title V of the USC Federal Register : Political Activity-State or Local Officers or Employees; Federal Employees Residing in Designated Localities; Federal Employees 4.4 Section 104(d) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended Section 109 of the HCD Act of 1974 | HUD.gov / U.S. Department of Housing and Urban Development (HUD) Section 104(d) of the Housing and Community Development Act of 1974, as amended (see 42 USC 5304(d)) - HUD Exchange 4.5 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. https://www.hud.gov/sites/documents/DOC_7771.PDF https://www.justice.gov/crt/fair-housing-act-1 Executive Order 11063 – Equal Opportunity in Housing https://www.archives.gov/federal- register/codification/executive-order/11063.html Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs https://www.archives.gov/federal-register/codification/executive-order/12259.html 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O. https://www.law.cornell.edu/cfr/text/24/part-107 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 This Agreement is subject to 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared, or improved with assistance provided under this Agreement, SUBRECIPIENT shall cause or require a covenant running with the land to be inserted in the deed or lease of such transfer, prohibiting discrimination herein as defined, in the sale, lease, or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, CAO 16.D.4.j Packet Pg. 1013 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 26 providing that the COUNTY and the United States are beneficiaries of and entitled to enforce such covenants. SUBRECIPIENT, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4.6 Title IX of the Education Amendments of 1972, as amended, 20 USC 1681, which prohibits discrimination on the basis of sex in educational programs Title IX Of The Education Amendments Of 1972 (justice.gov) 4.7 The Temporary Assistance for Needy Families Program (TANF) 45 CFR Parts 260-265, the Social Services Block Grant 42 ISC 1397d and other applicable federal regulations and policies promulgated thereunder. Temporary Assistance for Needy Families | Benefits.gov eCFR: 45 CFR Part 260 -- General Temporary Assistance for Needy Families (TANF) Provisions The Pro-Children Act: Contractor agrees to comply with the Pro-Children Act of 1994, 20 USC 6083. Pro-Children Act Of 1994 | Legislation | US Encyclopedia of law (lawi.us) 4.8 Public Announcements and Advertising: When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs Funded in whole or in part with Federal money, SUBRECIPIENTshall clearly state (1) the percentage of the total costs of the program or project which will be financed with Federal money, (2) the dollar amount of Federal funds for the project or program, and (3) percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources. 4.9 Purchase of American-Made Equipment and Products: SUBRECIPIENT assures that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Agreement will be American-made. 4.10 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-sec570- 602.pdf 4.11 Executive Order 11246 (“Equal Employment Opportunity”), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended EO 11375 and 12086: see item #8 below 4.12 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. SUBRECIPIENT will, in all solicitations or advertisements for CAO 16.D.4.j Packet Pg. 1014 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 27 employees placed by or on behalf of SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. Title VII of the Civil Rights Act of 1964 | U.S. Equal Employment Opportunity Commission (eeoc.gov) 4.13 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. 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, 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.” Section 3 requires 25 percent of the total labor hours must be worked by Section 3 workers and 5 percent of the total labor hours must be worked by Targeted Section 3 workers. If SUBRECIPIENT is unable to meet these benchmarks, efforts taken to meet the requirements must be described. Examples include held job fairs, conduct on the job training, outreach efforts to public housing residents, and connecting residents to supportive services. SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG-Funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the CAO 16.D.4.j Packet Pg. 1015 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 28 metropolitan area in which the CDBG-Funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. https://www.hud.gov/sites/documents/DOC_12047.PDF 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 4.14 SUBRECIPIENT shall not assign or transfer any interest in this Agreement without the prior written consent of the COUNTY thereto; provided, however, that claims for money due or to become due to SUBRECIPIENT from CHS under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to CHS. 4.15 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107, and 12086. Age Discrimination Act of 1975 https://www.law.cornell.edu/uscode/text/42/chapter-76 11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.htm 11375: Amended by EO 11478 11478: https://www.archives.gov/federal-register/codification/executive-order/11478.html 12107: https://www.archives.gov/federal-register/codification/executive-order/12107.html 12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html 4.16 Contract Work Hours and Safety Standards Act, 40 USC 327-332. https://www.dol.gov/whd/regs/statutes/safe01.pdf 4.17 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: https://www.epa.gov/ocr 29 USC 776: https://law.onecle.com/uscode/29/776.html 24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614 4.18 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudap 4.19 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.fhwa.dot.gov/real_estate/uniform_act/index.cfm 4.20 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all construction contracts funded by CDBG. Davis-Bacon Act: 42 USC 276a to 40 USC 276a: CAO 16.D.4.j Packet Pg. 1016 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 29 https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40-section276a- 7&num=0&edition=1999 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States https://www.law.cornell.edu/cfr/text/29/part-3 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) https://www.law.cornell.edu/cfr/text/29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. https://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.21 As a supplement to the Davis-Bacon Act requirements, the SUBRECIPIENT agrees to comply with the “Copeland Anti-Kickback Act,” which prohibits the SUBRECIPIENT, its contractors, or subcontractors from inducing an employee to relinquish any part of his/her compensation, under the federally-funded contract. 18 U.S.C. 874 https://www.govinfo.gov/content/pkg/USCODE-2010-title18/pdf/USCODE-2010- title18.pdf 40 U.S.C. 276c https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40- section276c&num=0&edition=1999 4.22 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. https://www.archives.gov/federal-register/codification/executive-order/11625.html 4.23 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act (HCDA) are still applicable. 24 CFR 570.607: https://www.ecfr.gov/cgi-bin/text- idx?SID=9eae3f8eaa991f0411f383b74003bcb1&mc=true&node=pt24.3.570&rgn=div5#se24.3.5 70_1607 E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm 4.24 Public Law 100-430 - the Fair Housing Amendments Act of 1988. https://www.ncbi.nlm.nih.gov/pubmed/12289709 CAO 16.D.4.j Packet Pg. 1017 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 30 4.25 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl 4.26 2 CFR 200.216 – Prohibition on certain telecommunications and video surveillance services or equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or grant funds to: 1) procure or obtain; 2) extend or renew a contract to procure or obtain; 3) enter into a contract (or extend or renew a contract) to procure or obtain equipments, services, or systems that use(s) covered telecommunications equipment or services as a substantial component of any system, or as critical technology as part of any system. 4.27 Immigration Reform and Control Act of 1986 S.1200 - 99th Congress (1985-1986): Immigration Reform and Control Act of 1986 | Congress.gov | Library of Congress 4.28 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes- https://www.lawserver.com/law/state/florida/statutes/florida_statutes_chapter_112_part_iii Collier County- http://www.colliergov.net/home/showdocument?id=35137 4.29 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except that the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner’s discretion. 4.30 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). 4.31 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 CAO 16.D.4.j Packet Pg. 1018 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 31 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 section 44.102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court; and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. https://www.flsenate.gov/Laws/Statutes/2012/44.102 4.32 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE- 2010-title42/html/USCODE-2010-title42-chap85.htm https://www.law.cornell.edu/uscode/text/42/chapter-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.govinfo.gov/content/pkg/USCODE-2011-title33/pdf/USCODE-2011-title33- chap26.pdf https://www.law.cornell.edu/uscode/text/33/chapter-26 4.33 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. https://www.law.cornell.edu/cfr/text/24/570.605 4.34 SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to the HUD Lead-Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. Lead-Based Paint - HUD Exchange 4.35 SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. https://www.achp.gov/sites/default/files/regulations/2017-02/regs-rev04.pdf In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State, or Local historic property list. 4.36 SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). https://www.gpo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-title41-chap10- sec701 CAO 16.D.4.j Packet Pg. 1019 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 32 4.37 SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. https://www.archives.gov/federal-register/codification/executive-order/12549.html 4.38 SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200, et seq. 4.39 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT’S fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT’S fiscal year. Per 2 CFR 200.345, if this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. https://www.ecfr.gov/cgi-bin/text- idx?SID=5a78addefff9a535e83fed3010308aef&mc=true&node=se2.1.200_1344&rgn=div8 Any real property acquired by the SUBRECIPIENT for the purpose of carrying out the projects stated herein and approved by the COUNTY, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within SUBRECIPIENT control, which is acquired or improved, in whole or part, with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. SUBRECIPIENT agrees to comply with the requirements of 24 CFR 570.606 c governing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and the requirements in 24 CFR 570.606 (d) governing optional relocation policies. SUBRECIPIENT shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606 (b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition, or conversion for a CDBG assisted project. SUBRECIPIENT also agrees to comply with applicable COUNTY ordinances, resolutions, and policies concerning the displacement of persons from their residences. https://www.gpo.gov/fdsys/granule/CFR-1999-title49-vol1/CFR-1999-title49-vol1-sec24-101 https://www.govinfo.gov/app/details/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-505 4.40 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder, have not been placed on the convicted vendor list CAO 16.D.4.j Packet Pg. 1020 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 33 maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&UR L=0200-0299/0287/Sections/0287.133.html 4.41 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.42 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. SUBRECIPIENT shall obtain written approval from CHS for any outside travel outside the metropolitan area with funds provided under this Agreement. https://www.gsa.gov/portal/content/104877 4.43 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. https://www.govregs.com/regulations/expand/title24_part5_subpartA_section5.106 4.44 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in §5.100, required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. eCFR: 24 CFR Part 214 Subpart D -- Program Administration https://www.law.cornell.edu/cfr/text/24/5.111 4.45 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 CAO 16.D.4.j Packet Pg. 1021 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 34 4.46 Any rule or regulation determined to be applicable by HUD. 4.47 Florida Statutes section 448.095 Employment Eligibility. Per Florida Statute 448.095(3), all Florida private employers are required to verify employment eligibility for all new hires beginning January 1, 2021. Eligibility determination is not required for continuing employees hired prior to January 1, 2021. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400- 0499/0448/0448.html 4.48 Florida Statutes section 713.20, Part 1, Construction Liens Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us) 4.49 Florida Statutes section 119.021 Records Retention Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us) 4.50 Florida Statutes section 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100- 0199/0119/Sections/0119.071.html 4.51 Limited English Proficiency: 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. 4.52 Equal Treatment of Faith-Based Organizations: By regulation, HUD prohibits all recipient organizations from using financial assistance from HUD to fund explicitly religious activities. The SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see https://ojp.gov/about/ocr/partnerships.htm. Discrimination on the basis of religion in employment is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on a case-by-case basis to allow some faith-based organizations to receive HUD funds while taking into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights. 4.53 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. 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. 4.54 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 CAO 16.D.4.j Packet Pg. 1022 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 35 in connection with obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. 4.55 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds 18 U.S. Code § 1001 - Statements or entries generally | U.S. Code | US Law | LII / Legal Information Institute (cornell.edu) Beneficiaries are subject to this False Claims Act that include the following: 31 U.S.C. 3729 - False claims - Document in Context - USCODE-2010-title31-subtitleIII-chap37-subchapIII-sec3729 (govinfo.gov) 31 U.S. Code § 3729 - False claims | U.S. Code | US Law | LII / Legal Information Institute (cornell.edu) 4.56 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. 4.57 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. 4.58 Trafficking in Persons: 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 SUBRECIPIENT. The details of SUBRECIPIENT’S obligations related to prohibited conduct related to the trafficking of persons are posted at: https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm. CAO 16.D.4.j Packet Pg. 1023 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 36 4.59 Association of Community Organizations for Reform Now (ACORN): SUBRECIPIENT understands and acknowledges that it cannot use any Federal Funds, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of OJP. 4.60 If SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under this funding agreement, SUBRECIPIENT must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Busines Firms Under Government Grants, Contracts, and Cooperative Agreements,” and any implementing regulations issued by HUD. https://www.ecfr.gov/cgi- bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de761dc64c0&mc=true&n=pt37.1.401&r =PART&ty=HTML 4.61 ENTIRE AGREEMENT This Agreement constitutes the entire agreement between COUNTY and SUBRECIPIENT for the use of Funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between COUNTY and SUBRECIPIENT with respect to this Agreement. (Signature Page to Follow) CAO 16.D.4.j Packet Pg. 1024 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 37 IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: CRYSTAL K. KINZEL, CLERK ______________________________ , Deputy Clerk Dated:_________________________ (SEAL) AS TO COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ___________________________________ William L. McDaniel, JR., Chairperson Date: _____________________________ AS TO SUBRECIPIENT: COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (IMMOKALEE CRA) By:____________________________________ William L. McDaniel, Jr., Co-Chair, Date:________________________________ [Please provide evidence of signing authority] WITNESSES: Witness #1 Signature Witness #1 Printed Name Witness #2 Signature Witness #2 Printed Name Approved as to form and legality: ____________________________________ Derek D. Perry Assistant County Attorney Date:________________________________ CAO 16.D.4.j Packet Pg. 1025 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan)2022.06.02 17:25:39-04'00' [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 38 PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers’ Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this Agreement, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 – 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this Agreement. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 – 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder’s Risk Insurance on an “All Risk” basis, in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under CAO 16.D.4.j Packet Pg. 1026 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 39 the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Agreement: 7. Workers’ Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an “All Risk” basis, in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee, with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. CAO 16.D.4.j Packet Pg. 1027 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 40 EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: Collier County Community Redevelopment Agency (Immokalee CRA) SUBRECIPIENT Address: 750 South 5th Street, Suite C, Immokalee, FL 34142 Project Name: First Street Corridor Pedestrian Safety Improvement Design Project No: CD22-03 Payment Request # Total Payment Minus Retainage Period of Availability: October 1, 2022 through April 30, 2024 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today’s Request (Net of Retainage, if applicable) $ $ 4. Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) $ $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor (Approval required $15,000 and above) Division Director (Approval Required $15,000 and above) CAO 16.D.4.j Packet Pg. 1028 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 41 EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement and Information System (IDIS). The COUNTY reports information on a quarterly basis. To facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten (10) days of the end of each calendar quarter. At COUNTY’s discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Subrecipient Name: Collier County Community Redevelopment Agency (Immokalee CRA) Date: Project Title: First Street Corridor Pedestrian Safety Improvement Design IDIS #: XXX Program Contact: Christie Betancourt Telephone Number: (239) 285-7647 Activity Reporting Period Report Due Date October 1st – December 31st January 10th January 1st – March 31st April 10th April 1st – June 30th July 10th July 1st – September 30th October 10th REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 12/31/22 3/31/23 6/30/23 9/30/XX Final XX/XX/XX Please note: The HUD Program year begins October 1, 2022 – September 30, 2024. Each quarterly report must include cumulative data beginning from the start of the program year October 1, 20XX. 1. Please list the outcome goal(s) from your approved application and SUBRECIPIENT Agreement and indicate your progress in meeting those goals since October 1, 2022. a. Outcome Goals: list the outcome goal(s) from your approved application and SUBRECIPIENT Agreement Outcome 1: Complete the design portion of the First Street Pedestrian Safety Improvements project including all project associated costs and fees. Outcome 2: Document achievement of the LMA National Objective Outcome 3: Procurement/Bid Package completed and submitted for review. b. Goal Progress: Indicate the progress to date in meeting each outcome goal. Outcome 1: Outcome 2: Outcome 3: 2. Is this project still in compliance with the original project schedule: Yes No If No, Explain: 3. Since October 1, 2022; of the persons assisted, how many… Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes a. …now have new access (continuing) to this service or benefit? 0 b. …now have improved access to this service or benefit? 0 c. …now receive a service or benefit that is no longer substandard? 0 Total 0 4. What funding sources did the SUBRECIPIENT apply for this period? Section 108 Loan Guarantee $ CDBG $ Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ ESG $ $ HOPWA $ CAO 16.D.4.j Packet Pg. 1029 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 42 $ Total Entitlement Funds $ 5. What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if applicable? Answer question 5a or 5b; NOT both For LMC activities: people, race/ethnicity, and income data are reported by persons. For LMH activities: households, race/ethnicity, and income level are reported by households, regardless the number of persons in the household. a. Total No. Persons/Adults served (LMC) 0 Total No. persons served under 18 (LMC) 0 Quarter Total No. of Persons 0 Quarter Total No. of Persons 0 b. Total No. of Households served 0 Total No. of female head of household (LMH) 0 6. What is the total number of UNDUPLICATED clients served since October, if applicable? Answer question 6a or 6b, NOT both For LMC activities: race/ethnicity and income data are reported by persons. a. Total No. Persons/Adults served (LMC) 0 Total No. Persons served under 18 (LMC) 0 YTD Total: 0 YTD Total 0 b. Total No. Households served (LMH) 0 Total No. female head of household (LMH) 0 YTD Total 0 YTD Total 0 Complete EITHER question 7 or 8, NOT both Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. 7. PRESUMED BENEFICIARY DATA ONLY: (LMC) Quarter PRESUMED BENEFICIARY DATA ONLY (LMC) YTD Indicate the total number of UNDUPLICATED persons served this quarter who fall into each presumed benefit category (the total should equal the total in question #6a or 6b): Indicate the total number of UNDUPLICATED persons served since October 1, 2022 who fall into each presumed benefit category (the total should equal the total in question #6a or 6b): a Presumed Benefit Activities Only (LMC) QTR b Presumed Benefit Activities Only (LMC) YTD 0 Abused Children ELI 0 Abused Children ELI 0 Homeless Person ELI 0 Homeless Person ELI 0 Migrant Farm Workers LI 0 Migrant Farm Workers LI 0 Battered Spouses LI 0 Battered Spouses LI 0 Persons w/HIV/AIDS LI 0 Persons w/HIV/AIDS LI 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults LI 0 Illiterate Adults LI 0 Severely Disabled Adults LI 0 Severely Disabled Adults LI 0 Quarter Total 0 YTD Total 8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED CAO 16.D.4.j Packet Pg. 1030 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 43 served this Quarter who fall into each income category (the total should equal the total in question #6): persons served since October 1 (YTD) who fall into each income category (the total should equal the total in question #6): a ELI Extremely Low Income (0-30%) 0 b ELI Extremely Low Income (0-30%) 0 LI Low Income (31- 50%) 0 LI Low Income 0 MOD Moderate Income (51-80%) 0 MOD Moderate Income (51-80%) 0 NON-L/M Above Moderate Income (>80%) 0 NON-L/M Above Moderate Income (>80%) 0 Quarter Total 0 YTD Total 0 9. Is this project in a Low/Mod Area (LMA)? YES NO Was project completed this quarter? YES NO If yes, complete all of this section 9. Date project completed Block Group Census Tract Total Beneficiaries Low/Mod Beneficiaries Low/Mod Percentage 0 0 0 0 0 Date LMA Narrative approved by CHS? What documentation supports project completion? (i.e., Certificate of Completion or Certificate of Occupancy, etc.) 10. Racial & Ethnic Data (if applicable) Please indicate how many UNDUPLICATED clients served this Quarter fall into each race category. In addition to each race category, please indicate how many persons in each race category consider themselves Hispanic. (Total Race column should equal the total in question 6.) Please indicate how many UNDUPLICATED clients served since October (YTD) fall into each race category. In addition to each race category please indicate how many persons in each race category consider themselves Hispanic. (Total Race column should equal the total in question 6.) a. RACE ETHNICITY /HISPANIC b. RACE ETHNICITY /HISPANIC White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 American Indian/Alaska Native 0 0 American Indian/Alaska Native 0 0 Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific Islander 0 0 Black/African American & White 0 0 Black/African American & White 0 0 American Indian/Alaska Native & Black/African American 0 0 American Indian/Alaska Native & Black/African American 0 0 Other Multi-racial 0 0 Other Multi-racial 0 0 0 0 0 0 I hereby certify the above information is true and accurate. Name: Signature: Title: Your typed name here represents your electronic signature CAO 16.D.4.j Packet Pg. 1031 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 44 EXHIBIT C-1 Community Development Block Grant (CDBG) Leveraged Funds Report Leveraged Funds must be identified, tracked, and verifiable. Resources must be fully identified and described as submitted with SUBRECIPIENT’s application. Subrecipient Name: Collier County Community Redevelopment Agency (Immokalee) Report Period: Fiscal Year: Contract Number: CD22-03 Program: CDBG Contact Name: Christie Betancourt Contact Number: (239) 285-7647 Leveraged Funds See EXAMPLE below for how to complete this form. Source Amount Type Use Total Project Cost Ratio: EXAMPLE Source Amount Type Use CDBG $1,000,000 Other Federal Funds Land Acquisition HOME $870,000 Federal Funds Infrastructure Private Donation $1,200,000 Cash & In-Kind Infrastructure Philanthropic $3,500,000 Cash – local funds 52 units Affordable Housing Total Project Cost $6,570,000 Ratio: $1 Federal Dollar $2.51 Local Funds Signature Page to Follow CAO 16.D.4.j Packet Pg. 1032 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 45 I hereby certify the above information is true and accurate. Signature: Date: Printed Name: Title: Your typed name here represents your electronic signature. CAO 16.D.4.j Packet Pg. 1033 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 46 EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete this form and retain appropriate supporting documentation proving CDBG assistance to an eligible beneficiary. Please retain in your organization’s records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names – All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets B(b) 0.00 If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave blank. B(c) CAO 16.D.4.j Packet Pg. 1034 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 47 C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages / Salaries (include tips, commissions, bonuses, and overtime) Benefits / Pensions Public Assistance Other Income Asset Income (Enter the greater of box B(b) or box B(c), above, in box C(e) below) 1 2 3 4 5 6 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 0.00 0.00 Enter total of items C(a) through C(e). This amount is the Annual Anticipated Household Income. 0.00 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 Chapter 817, 18 U.S.C. § 1001 and 31 U.S.C. § 3729 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 Sections 775.082 and 775.083, Florida Statutes. 31 U.S.C. 3729 - False claims - Document in Context - USCODE-2010-title31-subtitleIII-chap37-subchapIII-sec3729 (govinfo.gov) 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 CAO 16.D.4.j Packet Pg. 1035 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 48 E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s) constitute(s) a: Extremely Low-Income (ELI) Household means and individual or family whose annual income does not exceed 30/50th of the Very Low-Income (60 percent of VLI) percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Very Low-Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Low-Income (LI) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Based on the (year) income limits for the Naples-Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Date Printed Name Title F. Household Data Number of Persons By Race / Ethnicity By Age American Indian Asian Black Native Hawaiian or Other Pac. Islander White Other 0 –25 26 –40 41 –61 62+ Hispanic Non- Hispanic NOTE: Information concerning the race or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information, and refusal to give such information will not affect any right he or she has to the CDBG program. CAO 16.D.4.j Packet Pg. 1036 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723785/1] Collier County Community Redevelopment Agency (Immokalee Community Redvelopment Area CRA CD22–03 First Street Corridor Pedestrian Safety Improvements-Design Page 49 EXHIBIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding the organization’s compliance. In determining Federal awards expended in a fiscal year, the subrecipient must consider all sources of Federal awards, based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F – Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Subrecipient Name Collier County Community Redevelopment Agency (Immokalee CRA) First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year (MM/DD/YY) Total Federal Financial Assistance Expended during most recently completed Fiscal Year Total State Financial Assistance Expended during most recently completed Fiscal Year $ $ Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been met, and a Single Audit as required by 2 CFR Part 200 Subpart F has been completed or will be completed by ______________. Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: Did not exceed the expenditure threshold for the fiscal year indicated above Are a for-profit organization Are exempt for other reasons – explain_________________________________ An audited financial statement is attached and if applicable, the independent auditor’s management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title 06/18 CAO 16.D.4.j Packet Pg. 1037 Attachment: Immokalee CRA-Safety Improvements (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 1 FAIN # B-20-UC-12-0016 B-22-UC-12-0016 Federal Award Date 10/2022 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded $587,206.00 Subrecipient Name The Shelter for Abused Women & Children, Inc. UEI# FKA1VKEREQF4 FEIN 59-2752895 R&D NA Indirect Cost Rate NA Period of Performance October 1, 2022 – April 30, 2024 Fiscal Year End 6/30 Monitor End: 6/2029 AGREEMENT BETWEEN COLLIER COUNTY AND The Shelter for Abused Women & Children, Inc. CDBG Grant Program – Construction/Rehabilitation THIS AGREEMENT is made and entered into this ____ day of _______ 2022, by and between Collier County, a political subdivision of the State of Florida, (“COUNTY”) having its principal address at 3339 Tamiami Trail East, Naples FL 34112, and The Shelter for Abused Women & Children, Inc. (“SUBRECIPIENT”), a private non-profit organization having its principal office at P.O. Box 10102, Naples, FL. 34101. WHEREAS, the COUNTY has entered into an Agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the Board of County Commissioners of Collier County (“Board”) approved the Collier County Consolidated Plan – One-year Action Plan for Federal Fiscal Year 2022-2023 for the CDBG Program with Resolution 2022-____ on June 28, 2022– Agenda Item 16.D._____ ; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the COUNTY advertised the 2022-2023 Annual Action Plan, on May 25, 2022, with a 30-day Citizen Comment period from May 25, 2022 to June 25, 2022; and CAO 16.D.4.k Packet Pg. 1038 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 2 WHEREAS, the SUBRECIPIENT has submitted a proposal for participation in the Collier County CDBG program; and WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in undertaking the CDBG project – (CD22-02) Design and Installation of New Roof- Phase I and/or Phase II. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART I SCOPE OF WORK SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: Design and Installation of New Roof-Phase I and/or Phase II. Description of project and outcome: CHS, as an administrator of the CDBG program, will make available CDBG FY 2020-2021 and FY 2022-2023 funds up to the gross amount of $587,206.00 to The Shelter for Abused Women & Children, Inc. to fund the design and replacement of the facility roof. The project may be completed in phases as funding is available and funds may be used in all or part for each phase.. Project Component One: Design and installation of a new roof, Phase I and/or Phase II including but not limited to permits, fees, materials, installation, design, and construction related costs or fees. The property will be deed restricted for five (5) years commencing on the date of initially meeting one of the National Objectives, in accordance with 24 CFR 570.505, if applicable. 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this Agreement, SUBRECIPIENT must deliver to CHS for approval, a detailed project schedule for the completion of the project. B. SUBRECIPIENT must submit the following resolutions and policies to CHS within sixty (60) days of execution of this Agreement: Affirmative Fair Housing Policy Affirmative Action/Equal Opportunity Policy Conflict of Interest Policy (COI) and related COI Forms CAO 16.D.4.k Packet Pg. 1039 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 3 Procurement Policy Uniform Relocation Act (URA) Policy Sexual Harassment Policy Section 3 Policy Section 504/ADA Policy Fraud, Waste, and Abuse Policy Language Assistance and Planning Policy (LAP) Limited English Proficiency Policy (LEP) Violence Against Women Act (VAWA) Policy LGBTQ Policy C. Environmental Review Requirement (ERR) – This Agreement does not constitute a commitment of Funds or site approval. The commitment of Funds or site approval may occur only upon satisfactory completion of environmental review and either (i) the determination that the project is Exempt or (ii) the COUNTY’s receipt of an approved request for release of funds and certification from HUD, under 24 CFR Part 58. The provision of any funds to the project is conditioned on the COUNTY’s determination to proceed with, modify, or cancel the project based on the results of the environmental review. No program costs can be incurred until an environmental review of the project is completed and approved by the COUNTY. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to CHS issuance of the Notice to Proceed (NTP) letter. Violation of this provision may result in the termination of this subaward and/or the denial of any reimbursement of funds under this Agreement. D. Annual Subrecipient Training – All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement shall attend the CHS- sponsored Annual SUBRECIPIENT Fair Housing training. In addition, at least one staff member shall attend all other CHS-offered SUBRECIPIENT training, relevant to the Project, as determined by the Grant Coordinator, not to exceed four (4) sessions. E. 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 persons”) 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 HUD 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. CAO 16.D.4.k Packet Pg. 1040 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 4 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component 1: Design and installation of a new roof, Phase I and/or Phase II to include but not limited to permits, fees, materials, installation, design, and construction related costs or fees $587,206.00 Total Federal Funds: $587,206.00 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 Provide Leverage Funds Report Ensure attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS Ensure attendance by SUBRECIPIENT and General Contractor at Pre-Construction meetings, prior to SUBBRECIPIENT issuing Notice to Proceed (NTP) to contractor Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation Identify Lead Project Manager Provide Site Design and Specifications Submit Change Orders for CHS approval prior to SUBRECIPIENT authorizing work Comply with Davis-Bacon Labor Standards Comply with Section 3 and maintain documentation Provide weekly certified payroll throughout construction and rehabilitation Comply with Uniform Relocation Act (URA), if necessary Ensure applicable numbers of units are Section 504/ADA accessible Ensure the applicable continued use period for the project is met B. National Objective The CDBG program Funds awarded to Collier County must benefit low- to moderate-income persons (LMI). As such, SUBRECIPIENT shall ensure that all activities and beneficiaries meet the definition of: LMA – Low/Mod Area Benefit LMC – Low/Mod Clientele Benefit LMH – Low/Mod Housing Benefit LMJ – Low/Mod Job Benefit CAO 16.D.4.k Packet Pg. 1041 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 5 LMA: Must document where at least 51 percent of the residents are LMI persons, based on HUD determined eligible census tracts. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMC: Must document that at least 51 percent of persons served, are low- to moderate- income persons or households, in order to meet a CDBG National Objective. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must contain at least 51 percent occupied by LMI households, and structures with less than three units must be occupied by 100 percent LMI households. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMJ: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 percent of which (computed on a full-time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. C. Performance Deliverables Program Deliverable Deliverable Supporting Documentation Submission Schedule Insurance Insurance Certificate Within 30 days of Agreement execution and Annually upon expiration date Special Grant Condition Policies (Section 1.1) Policies as stated in this Agreement Within sixty (60) days of Agreement execution Detailed Project Schedule Project Schedule Within sixty (60) days of Agreement execution Project Plans and Specifications Site Plans and Specifications Prior to Procurement start Draft Procurement Documents (Bid Packet)* Independent Cost Estimate, Method of Procurement, Bid Advertisement, Solicitation Packet. Within 90 days of Agreement execution Subcontractor Log Subcontractor Log Initially at construction start, and upon Subcontrator changes Quarterly Progress Report Exhibit C 1. Quarterly reports within 10 days following the quarter end. 2. Final report upon submission of the final pay request in Neighborly. 3. Annually after closeout Section 3 Report Quarterly Report of New Hire Information Quarterly; within 10 days following the end of the quarter. Annually after closeout. Leverage Funds Report Exhibit C-1 1. Quarterly, within 10 days following quarter end. 2. Final CAO 16.D.4.k Packet Pg. 1042 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 6 report upon submission of the final pay request in Neighborly Davis-Bacon Act Certified Payroll Weekly Certified Payroll reports, forms, and supporting documentation required to be submitted through the County electronic certified payroll system LCP Tracker. Weekly within 7 days following issuance of payroll checks by the subcontractor or Prime contractor Annual Audit Monitoring Report Exhibit E Annually, within 60 days after FY end Financial and Compliance Audit Audit, Management Letter, and Supporting Documentation Annually: nine (9) months after FY end for Single Audit OR one hundred eighty (180) days after FY end Continued Use Certification Continued Use Affidavit, if applicable Annually, for five (5) years after Project Closeout Capital Needs Assessment Plan Plan approved by the COUNTY Initial Plan due after construction completion. Annually throughout the continued use period Program Income Reuse Plan Plan Approved by the COUNTY N/A * SUBRECIPIENT’s Notice to Proceed may be withheld if procurement deliverables are not submitted in a timely manner, as stated in Section 1.2.C, Performance Deliverables. SUBRECIPIENT must submit to the COUNTY, for approval, all Change Orders required during the project. Failure to submit Change Orders in a timely manner, may result in delay or withholding of payment, as well as a cease work order until all change orders have been reviewed and approved, at which time a new Notice to Proceed will be issued. D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Design and installation of a new roof, Phase I and/or Phase II to include but not limited to permits, fees, materials, installation, design and construction related costs or fees. Submission of supporting documents must be provided as backup, as evidenced by cnceled check, AIA or similar document, invoice, bank statements, copy of permits, and any other additional documentation as requested. The COUNTY will pay up to 90% of the total grant award or project costs, whichever is lower. The remaining 10% of the award or project costs will be released upon final monitoring clearance and meeting a National Objective. For clarity, the COUNTY will not withhold 10% on each payment request. Submission of monthly payment requests within 30 days of the prior month. CAO 16.D.4.k Packet Pg. 1043 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 7 Final 10 percent of award amount will be paid upon completion of final monitoring clearance and documentation of meeting the National Objective. SUBRECIPIENT’S failure to achieve the National Objective will require repayment of the CDBG investment under this Agreement. 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall begin on October 1, 2022 and shall end on April 30, 2024. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available FIVE HUNDRED AND EIGHTY SEVEN THOUSAND TWO HUNDRED AND SIX DOLLARS AND ZERO CENTS ($587,206.00) for use by SUBRECIPIENT, during the term of the Agreement (hereinafter, shall be referred to as the Funds). Modification to the Budget and Scope may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only be made with Board of County Commissioners (Board) approval. The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks, as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of CDBG Funds until Funds are needed for eligible costs; and all disbursement requests must be limited to the amount needed at the time of the request. SUBRECIPIENT may expend Funds only for allowable costs resulting from obligations incurred during the term of this Agreement. Invoices for work performed are required every month. If no work has been performed during the month, or if SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to SUBRECIPIENT when requested as work progresses, but not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. COUNTY will pay SUBRECIPIENT Funds available under this Agreement based on information submitted by SUBRECIPIENT and consistent with any approved budget and COUNTY policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by SUBRECIPIENT, not to exceed actual cash requirements. Payments will be adjusted by CHS in accordance with advance Fund and program income balances available in SUBRECIPIENT accounts. In addition, COUNTY reserves the right to liquidate Funds available under this Agreement for costs incurred by COUNTY on behalf of SUBRECIPIENT. CAO 16.D.4.k Packet Pg. 1044 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 8 Final invoices are due no later than 90 days after the end of the Agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. CHS may withhold any pay request 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 or evidence of project inactivity may cause payment suspension of any open pay requests until the required deliverables are received or substantial project progression occurs, as determined by CHS. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice, and in compliance with sections 218.70-218.80, Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.” 1.5 LEVERAGE FUNDS Leveraged funds must be identified, tracked, and verifiable in the SUBRECIPIENT’s records. Resources must be fully identified and described in the Agreement and the approved budget submitted with the application. Resources must also meet the following criteria to be allowable as leverage: a. Expenditures of leveraged funds or resources are permitted only for eligible activities and allowable costs under the cost principles specified by the OMB Circulars referenced in this Agreement. Expenditures must be necessary and reasonable for proper and efficient accomplishments of project or program objectives. b. Leveraged resources committed on one project may not be used as leverage or match for any other project or program. c. Leveraged resources must represent newly created resources covering expenditures that would not be incurred if the award were not made. d. Leveraged resources may not be Federal funds under a different award, except where Federal statute allows their use for cost sharing (such as the Community Development Block Grant program). e. Third-party cash or in-kind contributions offered as leverage require a commitment letter on company letterhead signed by the individual who is in a position to commit the in-kind contribution. The contribution is only allowable if not utilized towards matching dollars. 1.6 COST PRINCIPLES Payments to 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 1.6-Cost Principles) of this Agreement, SUBRECIPIENT is defined as described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed specifically to the project(s) 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 CAO 16.D.4.k Packet Pg. 1045 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 9 2 CFR 200.318–200.327. Allowable costs incurred by Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart E; however, the COUNTY is and may impose requirements upon the Developer to remain compliant with COUNTY’s obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. 1.7 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Judith Sizensky, Grant Coordinator Collier County Government Community and Human Services Division 3339 Tamiami Trail East, Suite 213 Naples, Florida 34112 Email: Judith.Sizensky@colliercountyfl.gov Telephone: (239) 252-2590 SUBRECIPIENT ATTENTION: Linda Oberhaus, Chief Executive Officer The Shelter for Abused Women & Children, Inc. P. O. Box 10102 Naples, Florida 34101 Email: loberhaus@naplesshelter.org Telephone: (239) 775-3862 Remainder of Page Intentionally Left Blank CAO 16.D.4.k Packet Pg. 1046 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 10 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit all records, documentation, and any other data relating to all matters covered by the Agreement. SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its receipt of the report. SUBRECIPIENT’s failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning Subrecipient audits and 2 CFR 200.501 Federal Award amounts expended shall be determined in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to determine compliance with the requirements of this Agreement, the CDBG Program, and all other applicable laws and regulations. This documentation shall include but is not limited to, the following: A. All records required by CDBG regulations. B. SUBRECIPIENT shall create and maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform the service. C. SUBRECIPIENT shall make available to the COUNTY or CHS at any time upon request, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of Funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail to properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. CAO 16.D.4.k Packet Pg. 1047 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 11 D. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, and in a readily accessible, permanent, and secured location for three (3) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.334, 24 CFR 570.493 and 24 CFR 570.502(a)(7)(ii). However, if any litigation, claim, or audit is started before the expiration date of the three (3) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If SUBRECIPIENT ceases to exist after the closeout of this Agreement, it shall notify the COUNTY in writing, of the address where the records are to be kept, as outlined in 2 CFR 200.337. SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in SUBRECIPIENT’S possession upon termination 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 SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO SUBRECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, IT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-2679, Michael.Brownlee@colliercountyfl.gov, 3299 Tamiami Trail East, Naples, FL, 34112. E. SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Act of 1931, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, SUBRECIPIENT shall maintain records showing compliance with Federal purchasing requirements and other Federal requirements for grant implementation. F. 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. SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT’S compliance. G. SUBRECIPIENT shall document how it complied with the National Objective(s), as defined in 24 CFR 570.208, and the eligibility requirement(s) under which funding was received. This includes special requirements, such as necessary and appropriate determinations as defined in 24 CFR 570.208, income certification, and written agreements with beneficiaries, where applicable. CAO 16.D.4.k Packet Pg. 1048 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 12 H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records, and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public records that are released from public records disclosure requirements are not disclosed, except as authorized by 2 CFR 200.337 and 2 CFR 200.338. 2.3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit E) no later than 60 days after SUBRECIPIENT’S fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for Subrecipients exempt from Single Audit) after the SUBRECIPIENT’S fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may carry out no fewer than one (1) annual on-site monitoring visit and evaluation activities, as determined necessary. At the COUNTY’s discretion, a desktop review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. Upon request by CHS, SUBRECIPIENT shall submit information and status reports required by CHS or HUD, to enable CHS to evaluate said progress and allow for completion of required reports. SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. COUNTY will monitor SUBRECIPIENT’S performance in an attempt to mitigate fraud, waste, abuse, or non-performance, based on goals and performance standards as stated with all other applicable laws, regulations, and policies governing the funds provided under this Agreement, further defined by 2 CFR 200.332. Substandard performance, as determined by CHS, will constitute noncompliance with this Agreement. If corrective action is not taken by 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 control systems and procedures necessary to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and to provide proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT’S internal control systems and all transactions and other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. CAO 16.D.4.k Packet Pg. 1049 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 13 SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the performance of this 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 the COUNTY issuing Findings or Concerns to SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action plan to CHS within 10 business days following issuance of the report. · Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. · CHS will be available to provide Technical Assistance (TA) to SUBRECIPIENT, as needed, in order to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely manner, the COUNTY may require a portion of the awarded grant funds to be returned to the COUNTY. · CHS may require SUBRECIPIENT to return upwards of 5 percent of the award amount to the COUNTY, at the discretion of the Board. · SUBRECIPIENT may be denied future consideration, as set forth in Resolution No. 2013-228. 3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected, and has been informed by CHS of their substantial noncompliance by certified mail, CHS may require a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed, to be returned to the COUNTY. CAO 16.D.4.k Packet Pg. 1050 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 14 · CHS may require SUBRECIPIENT to return upwards of 10 percent of the award amount to the COUNTY, at the discretion of the Board. · SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. 4. If after repeated notification, SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend termination of the Agreement or award. · CHS will make a recommendation to the Board to immediately terminate the Agreement. SUBRECIPIENT will be required to repay all Funds disbursed by CHS for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. · SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board’s discretion. 2.6 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. Reports showing lack of project activity may result in withholding of payment or issuance of a Notice of Non- Compliance. During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January, April, July, and October, respectively, for the prior quarter period end. As part of the report submitted in October, SUBRECIPIENT agrees to include a comprehensive final report covering the agreed-upon Program objectives, activities, and expenditures including but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit C, which contains an example reporting form to be used in fulfillment of this requirement. Additionally, all leveraged funds utilized in support of this project will be submitted on Exhibit C-1 as part of the final report. Other reporting requirements may be required by the County Manager or designee if the Program changes, the need for additional information or documentation arises, and/or if 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. CAO 16.D.4.k Packet Pg. 1051 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 15 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY’s sole discretion and judgment. SUBRECIPIENT shall cause all provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. 3.2 GENERAL COMPLIANCE SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants), including subpart K of these regulations, except that (1) SUBRECIPIENT does not assume the COUNTY’S environmental responsibilities described in 24 CFR 570.604; (2) SUBRECIPIENT does not assume the COUNTY’S responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) SUBRECIPIENT is required to follow the Federal procurement process; and (4) for Developers, revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. 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. SUBRECIPIENT is prohibited from using Funds provided herein, or personnel employed in the administration of the program for political activities, inherently religious activities, lobbying, political patronage, and nepotism activities. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. SUBRECIPIENT shall always remain an “independent contractor” with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers’ Compensation Insurance, as the SUBRECIPIENT is independent from the COUNTY. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such amendments make specific reference to this Agreement, are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY’S Board. Such CAO 16.D.4.k Packet Pg. 1052 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 16 amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or Local governmental guidelines, policies, available funding amounts, or for other reasons. If such amendments result in a change in the funding, scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from HUD CDBG grant Funds and must be implemented in full compliance with all of HUD’s rules and regulations and any agreement between COUNTY and HUD governing the CDBG Funds pertaining to this Agreement. In the event of curtailment or non-production of said Federal Funds, or the reduction of Funds awarded by HUD to the COUNTY, to a level that the County Manager determines to be insufficient to adequately administer the project, the financial resources necessary to continue to pay SUBRECIPIENT all or any portion of the Funds will not be available. In either event, the COUNTY may terminate this Agreement, which shall be effective as of the date that it is determined by the County Manager or designee, in his/her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, SUBRECIPIENT shall indemnify and hold harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action, which may arise out of an act or omission including but not limited to, reasonable attorneys’ and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies, which otherwise may be available to an indemnified party or person described in this paragraph. SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith, shall defend all suits in the name of the COUNTY, and shall pay all costs (including attorney’s fees) and judgments which may issue there-on. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in section 768.28, Florida Statutes. This section shall survive the expiration or termination of this Agreement. CAO 16.D.4.k Packet Pg. 1053 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 17 3.7 GRANTEE RECOGNITION/SPONSORSHIPS SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of program sponsorships, research reports, and similar public notices, whether printed or digitally prepared and released by SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: “FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION” and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information to the general public regarding the development team as well as Equal Housing Opportunity. Construction signs shall comply with applicable COUNTY codes. If this Agreement results in any copyrightable material or inventions, CHS and/or the COUNTY reserve the right to royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use; and to authorize others to use the work or materials for governmental purposes. 3.8 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.341, this Agreement may be terminated for convenience by either the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and in the case of partial terminations, the portion to be terminated. However, in the case of a partial termination, if the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. This Agreement may also be terminated by the COUNTY, if the award no longer effectuates the program goals or grantor agency priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement, in compliance with 2 CFR 200, Appendix II (A): A. Failure to comply with any of the rules, regulations, or provisions referred to herein; or such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as may become applicable at any time. B. Failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner. C. Ineffective or improper use of Funds provided under this Agreement. D. Submission of reports to the COUNTY that are incorrect or incomplete in any material respect. E. Submission of any false certification. CAO 16.D.4.k Packet Pg. 1054 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 18 F. Failure to materially comply with any terms of this Agreement. G. Failure to materially comply with the terms of any other agreement between the COUNTY and SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any combination of one or more of the following remedies, in compliance with 2 CFR 200, Appendix II (B): A. Require specific performance of the Agreement in whole or in part. B. Require the use of, or change in, professional property management, if applicable. C. Require SUBRECIPIENT to immediately repay to the COUNTY all CDBG Funds received under this Agreement. D. Apply sanctions, if COUNTY determines them to be applicable. E. Stop all payments until identified deficiencies are corrected. F. Terminate this Agreement by giving written notice to SUBRECIPIENT specifying the effective date of such termination. If the Agreement is terminated by the COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. 3.9 SUSPENSION AND DEBARMENT SUBRECIPIENT certifies that neither it, nor its principals, are 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 12549 (1986) and 12689 (1989), Suspension and Debarment, and 2 CFR 200.214, as further detailed in Section 4.18. 3.10 REVERSION OF ASSETS In the event of Agreement termination, and in addition to any and all other remedies available to the COUNTY (whether under this Agreement, at law, or in equity), SUBRECIPIENT shall, at the time of termination (or expiration), immediately transfer to the COUNTY any property on hand and any accounts receivable attributable to the use of CDBG Funds, per 24 CFR 570.503(b)(7). The COUNTY’S receipt of any Funds on hand at the time of termination shall not waive the COUNTY’S right (nor excuse SUBRECIPIENT’S obligation) to recoup all or any portion of the Funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). All program assets (unexpended program income, property, equipment, etc.) shall revert to CHS upon termination of this Agreement. CAO 16.D.4.k Packet Pg. 1055 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 19 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said insurance shall be carried continuously during SUBRECIPIENT’S performance under the Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the Federal Regulations for the Community Development Block Grant (24 CFR 570 et seq.). 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through 200.327) and Collier County’s Procurement Ordinance #2017-08, as amended. Current purchasing thresholds are: Range: Competition Required $0 - $50,000 3 Written Quotes $50,001+ Formal Solicitation (ITB, RFP, etc.) All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or put out to competitive bidding, under a procedure acceptable to COUNTY and Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest, responsible, and qualified bidder. SUBRECIPIENT shall manage contract administration, and CHS shall monitor the administration. CHS shall have access to all records and documents related to the Project. In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II (J) and 2 CFR 200.323. 3.14 PROGRAM GENERATED INCOME No Program Income is anticipated. However, if Program Income is derived from the use of CDBG funds disbursed under this Agreement, such Program Income shall be utilized by the SUBRECIPIENT only for CDBG-eligible activities approved by the COUNTY. Any Program Income (as such term is defined under applicable Federal regulations) gained from any CAO 16.D.4.k Packet Pg. 1056 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 20 SUBRECIPIENT activity funded by CDBG Funds shall be reported to the COUNTY through an annual Program Income Re-use Plan, utilized by the SUBRECIPIENT accordingly, and shall comply with 2 CFR 200.307, 24 CFR parts 570.489 and 570.500, and 24 CFR 570.504 in the operation of the Program. When Program Income is generated by an activity that is only partially assisted by CDBG Funds, the income shall be prorated to reflect the percentage of CDBG Funds used. If there is a Program Income balance at the end of the Program Year, such balance shall revert to the COUNTY’s Community Block Grant Program, for further reallocation. 3.15 Acquisition/Improvement of Real Property: Real property under the SUBRECIPIENT’S control that was acquired or improved, in whole or in part, with CDBG funds shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208, during the continued use period, as referenced in section 3.16 (Grant Closeout Procedures) of this Agreement. If SUBRECIPIENT disposes of or otherwise fails to continue to use the CDBG-assisted real property in a manner that meets a CDBG National Objective, SUBRECIPIENT shall pay the COUNTY an amount equal to the percentage of the current fair market value of the property, less any disposal costs. The basis for such percentage shall be the percentage of the appraised value attributable to CDBG and non- CDBG funds expended for the original acquisition of, or improvement to the property under the terms of this Agreement. Such payment shall constitute program income to the COUNTY. Additionally, real property under the SUBRECIPIENT’S control that was acquired or improved, in whole or in part, with CDBG Funds shall be used to meet one of the CDBG National Objectives, pursuant to 24 CFR 570.208, during the continued use period as referenced in section 3.16 (Grant Closeout Procedures) of this Agreement. If SUBRECIPIENT sells, transfers, disposes of, or otherwise fails to continue to use the CDBG-assisted real property in a manner that meets a CDBG National Objective, SUBRECIPIENT shall pay the COUNTY an amount equal to a percentage of the current fair market value of the property, after subtracting disposal costs. The basis for such percentage shall be the percentage of the appraised value attributable to CDBG and non-CDBG Funds expended for the original acquisition of, or improvement to, the property under the terms of this Agreement. Such payment shall constitute program income to the COUNTY. 3.16 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT’S obligation to the COUNTY shall not end until all closeout requirements are completed. SUBRECIPIENT may close out the project with the COUNTY after the five (5) year continued use period has been met. The continued use period shall commence with the latter of the SUBRECIPIENT meeting the National Objective or the recording of lien and/or deed restriction documentation. Activities during this closeout period shall include but are not limited to making final payments; disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY); and determining the custodianship of records Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that SUBRECIPIENT has control over CDBG Funds, including program income. In addition to the records retention outlined in section 2.2 (Records and Documentation) of this Agreement, SUBRECIPIENT shall comply with section 119.021, Florida Statutes, regarding records maintenance, preservation, and retention. A conflict between State and Federal records retention requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. Any balance of unobligated Funds that have been CAO 16.D.4.k Packet Pg. 1057 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 21 advanced or paid must be returned to the COUNTY. Any Funds paid exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information complying with section 215.97, Florida Statutes, the Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.344. 3.17 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement based on race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment. Also, to the greatest extent feasible, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.18 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES SUBRECIPIENT will use its best efforts to afford small businesses and minority and women’s business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and “minority and women’s business enterprise” means a business that is at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, “minority group members” are Black Americans, Hispanic Americans, Asian/PacificAmericans, Native Americans, and Hasidic Jews. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and women’s business enterprises, in lieu of an independent investigation. 3.19 PROGRAM BENEFICIARIES If the Agreement is meeting a National Objective through an LMI strategy, at least 51 percent of the beneficiaries of a project funded through this Agreement must be low- and moderate-income persons or presumed to be low- to moderate-income persons based on applicable regulation. Determination of income eligibility is based on the annual income of the family or household. This Agreement conforms to the definition of Annual Income, per 24 CFR 570.3(1)(i), where Annual income is defined under the Section 8 Housing Assistance Payments. Details for calculating the Annual Income are contained in 24 CFR 5.609, with practical instructions contained in HUD Handbook 4350.3, Chapter 5. CAO 16.D.4.k Packet Pg. 1058 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 22 If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than 30 percent of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the COUNTY’s Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit C of this Agreement. 3.20 AFFIRMATIVE ACTION SUBRECIPIENT agrees that it is committed to carrying 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. Prior to the award of Funds, SUBRECIPIENT shall submit to the COUNTY for approval a plan for an Affirmative Action Program. The Affirmative Action Program must be updated throughout the continued use period and submitted to the COUNTY within 60 days of any update/modification. SUBRECIPIENT’s contracting officer will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or worker’s representative of SUBRECIPIENT’s commitments hereunder, and shall post copies of the notice in conspicuous places available to all employees and applicants for employment. 3.21 CONFLICT OF INTEREST SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement; and that no person having any conflict of interest shall be employed or subcontracted by SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 “Conflict of Interest,” 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. 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 SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY’s sole discretion. This provision is not intended to limit SUBRECIPIENT’S ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of SUBRECIPIENT, its employees, or its contractors shall be disclosed to CHS in writing, provided however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low- and moderate-income residents of the project target area. CAO 16.D.4.k Packet Pg. 1059 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 23 3.22 BYRD ANTI-LOBBYING AMENDMENT Each tier certifies that the tier above it will not, and has not, used Federally appropriated Funds to pay any person or organization for influencing or attempting to influence the award of Federal Funds, as covered by 31 USC 1352, and more fully described in Section 4.54 of this Agreement. Contractors who apply or bid for an award of $100,000 or more shall file the required certification. 3.23 RELIGIOUS ORGANIZATIONS CDBG Funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment and will not limit employment or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services and will not limit such services or give preference to persons based on religion. C. It will retain its independence from Federal, State, and Local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided it does not use direct CDBG Funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. The Funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG Funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities, in accordance with the cost accounting requirements applicable to CDBG Funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. 3.24 INCIDENT REPORTING If SUBRECIPIENT provides services to clients under this Agreement, SUBRECIPENT and any subcontractors shall report to the COUNTY, knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person. 3.25 SEVERABILITY Should any provision of this Agreement be determined unenforceable or invalid, such determination shall not affect the validity or enforceability of any other section or part thereof. CAO 16.D.4.k Packet Pg. 1060 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 24 3.26 MISCELLANEOUS SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. SUBRECIPIENT represents and warrants that the financial data, reports, and other information it furnished to the COUNTY regarding the Project are accurate and complete, and financial disclosures fairly represent the financial position of SUBRECIPIENT. SUBRECIPIENT understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the COUNTY’S or SUBRECIPIENT’s responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service and, in case of a minor, that of a responsible parent/guardian. SUBRECIPIENT certifies that it has the legal authority to receive the funds under this Agreement and its governing body has authorized the execution and acceptance of this Agreement. SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind SUBRECIPIENT to the terms of this Agreement. The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida, without giving effect to its provisions regarding choice of laws. All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all applicable federal, state, and municipal laws, ordinances, regulations, orders, and guidelines, including but not limited to any applicable regulations issued by the COUNTY. Electronic Signatures. This Agreement, and related documents entered into in connection with this Agreement, are signed when a party’s signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. 3.27 WAIVER The COUNTY’S failure to act with respect to a breach by SUBRECIPIENT does not waive its right to act with respect to subsequent or similar breaches. The COUNTY’S failure to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. Remainder of Page Intentionally Left Blank CAO 16.D.4.k Packet Pg. 1061 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 25 PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title24/24cfr570_main_02.tpl 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. https://www.ecfr.gov/cgi-bin/text- idx?SID=1acdb92f3b05c3f285dd76c26d14f54e&mc=true&node=pt24.1.58&rgn=div5 Resource Conservation and Recovery Act (RCRA). Under RCRA codified at 42 USC 6962, state and local institutions of higher education, hospitals, and non-profit organizations that receive direct Federal awards or other Federal Funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to the EPA guidelines. Summary of the Resource Conservation and Recovery Act | US EPA 4.3 Hatch Act: The SUBRECIPIENT shall comply with the Hatch Act, 5 USC 1501-1508 and shall ensure that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 Title V of the USC Federal Register : Political Activity-State or Local Officers or Employees; Federal Employees Residing in Designated Localities; Federal Employees 4.4 Section 104(d) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended Section 109 of the HCD Act of 1974 | HUD.gov / U.S. Department of Housing and Urban Development (HUD) Section 104(d) of the Housing and Community Development Act of 1974, as amended (see 42 USC 5304(d)) - HUD Exchange 4.5 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. https://www.hud.gov/sites/documents/DOC_7771.PDF https://www.justice.gov/crt/fair-housing-act-1 Executive Order 11063 – Equal Opportunity in Housing https://www.archives.gov/federal- register/codification/executive-order/11063.html Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs https://www.archives.gov/federal-register/codification/executive-order/12259.html 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O. https://www.law.cornell.edu/cfr/text/24/part-107 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 This Agreement is subject to 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared, or improved with assistance provided under this Agreement, SUBRECIPIENT shall cause or require a covenant running with the land to be inserted in the deed or lease of such transfer, prohibiting discrimination herein as defined, in the sale, lease, or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, CAO 16.D.4.k Packet Pg. 1062 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 26 providing that the COUNTY and the United States are beneficiaries of and entitled to enforce such covenants. SUBRECIPIENT, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4.6 Title IX of the Education Amendments of 1972, as amended, 20 USC 1681, which prohibits discrimination on the basis of sex in educational programs Title IX Of The Education Amendments Of 1972 (justice.gov) 4.7 The Temporary Assistance for Needy Families Program (TANF) 45 CFR Parts 260-265, the Social Services Block Grant 42 ISC 1397d and other applicable federal regulations and policies promulgated thereunder. Temporary Assistance for Needy Families | Benefits.gov eCFR: 45 CFR Part 260 -- General Temporary Assistance for Needy Families (TANF) Provisions The Pro-Children Act: Contractor agrees to comply with the Pro-Children Act of 1994, 20 USC 6083. Pro-Children Act Of 1994 | Legislation | US Encyclopedia of law (lawi.us) 4.8 Public Announcements and Advertising: When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs Funded in whole or in part with Federal money, SUBRECIPIENTshall clearly state (1) the percentage of the total costs of the program or project which will be financed with Federal money, (2) the dollar amount of Federal funds for the project or program, and (3) percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources. 4.9 Purchase of American-Made Equipment and Products: SUBRECIPIENT assures that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Agreement will be American-made. 4.10 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-sec570- 602.pdf 4.11 Executive Order 11246 (“Equal Employment Opportunity”), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended EO 11375 and 12086: see item #8 below 4.12 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. SUBRECIPIENT will, in all solicitations or advertisements for CAO 16.D.4.k Packet Pg. 1063 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 27 employees placed by or on behalf of SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. Title VII of the Civil Rights Act of 1964 | U.S. Equal Employment Opportunity Commission (eeoc.gov) 4.13 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. 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, 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.” Section 3 requires 25 percent of the total labor hours must be worked by Section 3 workers and 5 percent of the total labor hours must be worked by Targeted Section 3 workers. If SUBRECIPIENT is unable to meet these benchmarks, efforts taken to meet the requirements must be described. Examples include held job fairs, conduct on the job training, outreach efforts to public housing residents, and connecting residents to supportive services. SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG-Funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the CAO 16.D.4.k Packet Pg. 1064 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 28 metropolitan area in which the CDBG-Funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. https://www.hud.gov/sites/documents/DOC_12047.PDF 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 4.14 SUBRECIPIENT shall not assign or transfer any interest in this Agreement without the prior written consent of the COUNTY thereto; provided, however, that claims for money due or to become due to SUBRECIPIENT from CHS under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to CHS. 4.15 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107, and 12086. Age Discrimination Act of 1975 https://www.law.cornell.edu/uscode/text/42/chapter-76 11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.htm 11375: Amended by EO 11478 11478: https://www.archives.gov/federal-register/codification/executive-order/11478.html 12107: https://www.archives.gov/federal-register/codification/executive-order/12107.html 12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html 4.16 Contract Work Hours and Safety Standards Act, 40 USC 327-332. https://www.dol.gov/whd/regs/statutes/safe01.pdf 4.17 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: https://www.epa.gov/ocr 29 USC 776: https://law.onecle.com/uscode/29/776.html 24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614 4.18 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudap 4.19 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.fhwa.dot.gov/real_estate/uniform_act/index.cfm 4.20 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all construction contracts funded by CDBG. Davis-Bacon Act: 42 USC 276a to 40 USC 276a: CAO 16.D.4.k Packet Pg. 1065 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 29 https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40-section276a- 7&num=0&edition=1999 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States https://www.law.cornell.edu/cfr/text/29/part-3 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) https://www.law.cornell.edu/cfr/text/29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. https://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.21 As a supplement to the Davis-Bacon Act requirements, the SUBRECIPIENT agrees to comply with the “Copeland Anti-Kickback Act,” which prohibits the SUBRECIPIENT, its contractors, or subcontractors from inducing an employee to relinquish any part of his/her compensation, under the federally-funded contract. 18 U.S.C. 874 https://www.govinfo.gov/content/pkg/USCODE-2010-title18/pdf/USCODE-2010- title18.pdf 40 U.S.C. 276c https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40- section276c&num=0&edition=1999 4.22 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. https://www.archives.gov/federal-register/codification/executive-order/11625.html 4.23 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act (HCDA) are still applicable. 24 CFR 570.607: https://www.ecfr.gov/cgi-bin/text- idx?SID=9eae3f8eaa991f0411f383b74003bcb1&mc=true&node=pt24.3.570&rgn=div5#se24.3.5 70_1607 E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm 4.24 Public Law 100-430 - the Fair Housing Amendments Act of 1988. https://www.ncbi.nlm.nih.gov/pubmed/12289709 CAO 16.D.4.k Packet Pg. 1066 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 30 4.25 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl 4.26 2 CFR 200.216 – Prohibition on certain telecommunications and video surveillance services or equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or grant funds to: 1) procure or obtain; 2) extend or renew a contract to procure or obtain; 3) enter into a contract (or extend or renew a contract) to procure or obtain equipments, services, or systems that use(s) covered telecommunications equipment or services as a substantial component of any system, or as critical technology as part of any system. 4.27 Immigration Reform and Control Act of 1986 S.1200 - 99th Congress (1985-1986): Immigration Reform and Control Act of 1986 | Congress.gov | Library of Congress 4.28 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes- https://www.lawserver.com/law/state/florida/statutes/florida_statutes_chapter_112_part_iii Collier County- http://www.colliergov.net/home/showdocument?id=35137 4.29 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except that the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner’s discretion. 4.30 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). 4.31 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 CAO 16.D.4.k Packet Pg. 1067 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 31 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 section 44.102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court; and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. https://www.flsenate.gov/Laws/Statutes/2012/44.102 4.32 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE- 2010-title42/html/USCODE-2010-title42-chap85.htm https://www.law.cornell.edu/uscode/text/42/chapter-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.govinfo.gov/content/pkg/USCODE-2011-title33/pdf/USCODE-2011-title33- chap26.pdf https://www.law.cornell.edu/uscode/text/33/chapter-26 4.33 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. https://www.law.cornell.edu/cfr/text/24/570.605 4.34 SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to the HUD Lead-Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. Lead-Based Paint - HUD Exchange 4.35 SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. https://www.achp.gov/sites/default/files/regulations/2017-02/regs-rev04.pdf In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State, or Local historic property list. 4.36 SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). https://www.gpo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-title41-chap10- sec701 CAO 16.D.4.k Packet Pg. 1068 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 32 4.37 SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. https://www.archives.gov/federal-register/codification/executive-order/12549.html 4.38 SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200, et seq. 4.39 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT’S fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT’S fiscal year. Per 2 CFR 200.345, if this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. https://www.ecfr.gov/cgi-bin/text- idx?SID=5a78addefff9a535e83fed3010308aef&mc=true&node=se2.1.200_1344&rgn=div8 Any real property acquired by the SUBRECIPIENT for the purpose of carrying out the projects stated herein and approved by the COUNTY, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within SUBRECIPIENT control, which is acquired or improved, in whole or part, with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. SUBRECIPIENT agrees to comply with the requirements of 24 CFR 570.606 c governing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and the requirements in 24 CFR 570.606 (d) governing optional relocation policies. SUBRECIPIENT shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606 (b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition, or conversion for a CDBG assisted project. SUBRECIPIENT also agrees to comply with applicable COUNTY ordinances, resolutions, and policies concerning the displacement of persons from their residences. https://www.gpo.gov/fdsys/granule/CFR-1999-title49-vol1/CFR-1999-title49-vol1-sec24-101 https://www.govinfo.gov/app/details/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-505 4.40 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder, have not been placed on the convicted vendor list CAO 16.D.4.k Packet Pg. 1069 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 33 maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&UR L=0200-0299/0287/Sections/0287.133.html 4.41 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.42 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. SUBRECIPIENT shall obtain written approval from CHS for any outside travel outside the metropolitan area with funds provided under this Agreement. https://www.gsa.gov/portal/content/104877 4.43 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. https://www.govregs.com/regulations/expand/title24_part5_subpartA_section5.106 4.44 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in §5.100, required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. eCFR: 24 CFR Part 214 Subpart D -- Program Administration https://www.law.cornell.edu/cfr/text/24/5.111 4.45 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 CAO 16.D.4.k Packet Pg. 1070 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 34 4.46 Any rule or regulation determined to be applicable by HUD. 4.47 Florida Statutes section 448.095 Employment Eligibility. Per Florida Statute 448.095(3), all Florida private employers are required to verify employment eligibility for all new hires beginning January 1, 2021. Eligibility determination is not required for continuing employees hired prior to January 1, 2021. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400- 0499/0448/0448.html 4.48 Florida Statutes section 713.20, Part 1, Construction Liens Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us) 4.49 Florida Statutes section 119.021 Records Retention Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us) 4.50 Florida Statutes section 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100- 0199/0119/Sections/0119.071.html 4.51 Limited English Proficiency: 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. 4.52 Equal Treatment of Faith-Based Organizations: By regulation, HUD prohibits all recipient organizations from using financial assistance from HUD to fund explicitly religious activities. The SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see https://ojp.gov/about/ocr/partnerships.htm. Discrimination on the basis of religion in employment is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on a case-by-case basis to allow some faith-based organizations to receive HUD funds while taking into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights. 4.53 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. 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. 4.54 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 CAO 16.D.4.k Packet Pg. 1071 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 35 in connection with obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. 4.55 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds 18 U.S. Code § 1001 - Statements or entries generally | U.S. Code | US Law | LII / Legal Information Institute (cornell.edu) Beneficiaries are subject to this False Claims Act that include the following: 31 U.S.C. 3729 - False claims - Document in Context - USCODE-2010-title31-subtitleIII-chap37-subchapIII-sec3729 (govinfo.gov) 31 U.S. Code § 3729 - False claims | U.S. Code | US Law | LII / Legal Information Institute (cornell.edu) 4.56 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. 4.57 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. 4.58 Trafficking in Persons: 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 SUBRECIPIENT. The details of SUBRECIPIENT’S obligations related to prohibited conduct related to the trafficking of persons are posted at: https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm. CAO 16.D.4.k Packet Pg. 1072 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 36 4.59 Association of Community Organizations for Reform Now (ACORN): SUBRECIPIENT understands and acknowledges that it cannot use any Federal Funds, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of OJP. 4.60 If SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under this funding agreement, SUBRECIPIENT must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Busines Firms Under Government Grants, Contracts, and Cooperative Agreements,” and any implementing regulations issued by HUD. https://www.ecfr.gov/cgi- bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de761dc64c0&mc=true&n=pt37.1.401&r =PART&ty=HTML 4.61 ENTIRE AGREEMENT This Agreement constitutes the entire agreement between COUNTY and SUBRECIPIENT for the use of Funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between COUNTY and SUBRECIPIENT with respect to this Agreement. (Signature Page to Follow) CAO 16.D.4.k Packet Pg. 1073 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 37 IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: CRYSTAL K. KINZEL, CLERK ______________________________ , Deputy Clerk Dated:_________________________ (SEAL) AS TO COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ___________________________________ William L. McDaniel, Jr., Chairperson Date: _____________________________ AS TO SUBRECIPIENT: THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. By:____________________________________ Linda Oberhaus, Chief Executive Officer Date:________________________________ [Please provide evidence of signing authority] WITNESSES: Witness #1 Signature Witness #1 Printed Name Witness #2 Signature Witness #2 Printed Name Approved as to form and legality: ____________________________________ Derek D. Perry Assistant County Attorney Date:________________________________ CAO 16.D.4.k Packet Pg. 1074 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan)2022.06.02 17:23:50-04'00' [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 38 PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers’ Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this Agreement, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 – 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this Agreement. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 – 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder’s Risk Insurance on an “All Risk” basis, in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under CAO 16.D.4.k Packet Pg. 1075 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 39 the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Agreement: 7. Workers’ Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an “All Risk” basis, in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee, with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. CAO 16.D.4.k Packet Pg. 1076 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 40 EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: The Shelter for Abused Women & Children, Inc. SUBRECIPIENT Address: P O Box 10102, Naples, FL. 34101 Project Name: Design and installation of a new roof-Phase I and/or Phase II Project No: CD22-02 Payment Request # Total Payment Minus Retainage Period of Availability: October 1, 2022 through April 30, 2024 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 $14,999 and below) Division Director (Approval Required $15,000 and above) CAO 16.D.4.k Packet Pg. 1077 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 41 EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement and Information System (IDIS). The COUNTY reports information on a quarterly basis. To facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten (10) days of the end of each calendar quarter. At COUNTY’s discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Subrecipient Name: The Shelter for Abused Women & Children, Inc. Date: Project Title: CD22-02 Roof Replacement-Phase 1 and /or Phase II IDIS #: Program Contact: Linda Oberhaus Telephone Number: 239-775-3862 Activity Reporting Period Report Due Date October 1st – December 31st January 10th January 1st – March 31st April 10th April 1st – June 30th July 10th July 1st – September 30th October 10th REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 12/31/22 3/31/23 6/30/23 9/30/XX Final XX/XX/XX Please note: The HUD Program year begins October 1, 2022 – September 30, 2024. Each quarterly report must include cumulative data beginning from the start of the program year October 1, 2022. 1. Please list the outcome goal(s) from your approved application and SUBRECIPIENT Agreement and indicate your progress in meeting those goals since October 1, 2022. a. Outcome Goals: list the outcome goal(s) from your approved application and SUBRECIPIENT Agreement Outcome 1: Design and installation of a new roof, Phase I and/or Phase II to include but not limited to permits, fees, materials, installation, design and construction related costs or fees. Outcome 2: Document achievement of the LMC National Objective. Outcome 3: Procurement/Bid Package completed and submitted for review. b. Goal Progress: Indicate the progress to date in meeting each outcome goal. Outcome 1: Outcome 2: Outcome 3: 2. Is this project still in compliance with the original project schedule: Yes No If No, Explain: 3. Since October 1, 2022; of the persons assisted, how many… Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes a. …now have new access (continuing) to this service or benefit? 0 b. …now have improved access to this service or benefit? 0 c. …now receive a service or benefit that is no longer substandard? 0 Total 0 4. What funding sources did the SUBRECIPIENT apply for this period? Section 108 Loan Guarantee $ CDBG $ Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ ESG $ $ HOPWA $ $ Total Entitlement $ CAO 16.D.4.k Packet Pg. 1078 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 42 Funds 5. What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if applicable? Answer question 5a or 5b; NOT both For LMC activities: people, race/ethnicity, and income data are reported by persons. For LMH activities: households, race/ethnicity, and income level are reported by households, regardless the number of persons in the household. a. Total No. Persons/Adults served (LMC) 0 Total No. persons served under 18 (LMC) 0 Quarter Total No. of Persons 0 Quarter Total No. of Persons 0 b. Total No. of Households served 0 Total No. of female head of household (LMH) 0 6. What is the total number of UNDUPLICATED clients served since October, if applicable? Answer question 6a or 6b, NOT both For LMC activities: race/ethnicity and income data are reported by persons. a. Total No. Persons/Adults served (LMC) 0 Total No. Persons served under 18 (LMC) 0 YTD Total: 0 YTD Total 0 b. Total No. Households served (LMH) 0 Total No. female head of household (LMH) 0 YTD Total 0 YTD Total 0 Complete EITHER question 7 or 8, NOT both Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. 7. PRESUMED BENEFICIARY DATA ONLY: (LMC) Quarter PRESUMED BENEFICIARY DATA ONLY (LMC) YTD Indicate the total number of UNDUPLICATED persons served this quarter who fall into each presumed benefit category (the total should equal the total in question #6a or 6b): Indicate the total number of UNDUPLICATED persons served since October 1 who fall into each presumed benefit category (the total should equal the total in question #6a or 6b): a Presumed Benefit Activities Only (LMC) QTR b Presumed Benefit Activities Only (LMC) YTD 0 Abused Children ELI 0 Abused Children ELI 0 Homeless Person ELI 0 Homeless Person ELI 0 Migrant Farm Workers LI 0 Migrant Farm Workers LI 0 Battered Spouses LI 0 Battered Spouses LI 0 Persons w/HIV/AIDS LI 0 Persons w/HIV/AIDS LI 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults LI 0 Illiterate Adults LI 0 Severely Disabled Adults LI 0 Severely Disabled Adults LI 0 Quarter Total 0 YTD Total 8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category Indicate the total number of UNDUPLICATED persons served since October 1 (YTD) who fall into CAO 16.D.4.k Packet Pg. 1079 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 43 (the total should equal the total in question #6): each income category (the total should equal the total in question #6): a ELI Extremely Low Income (0-30%) 0 b ELI Extremely Low Income (0-30%) 0 LI Low Income (31- 50%) 0 LI Low Income 0 MOD Moderate Income (51-80%) 0 MOD Moderate Income (51-80%) 0 NON-L/M Above Moderate Income (>80%) 0 NON-L/M Above Moderate Income (>80%) 0 Quarter Total 0 YTD Total 0 9. Is this project in a Low/Mod Area (LMA)? YES NO Was project completed this quarter? YES NO If yes, complete all of this section 9. Date project completed Block Group Census Tract Total Beneficiaries Low/Mod Beneficiaries Low/Mod Percentage 0 0 0 0 0 Date LMA Narrative approved by CHS? What documentation supports project completion? (i.e., Certificate of Completion or Certificate of Occupancy, etc.) 10. Racial & Ethnic Data (if applicable) Please indicate how many UNDUPLICATED clients served this Quarter fall into each race category. In addition to each race category, please indicate how many persons in each race category consider themselves Hispanic. (Total Race column should equal the total in question 6.) Please indicate how many UNDUPLICATED clients served since October (YTD) fall into each race category. In addition to each race category please indicate how many persons in each race category consider themselves Hispanic. (Total Race column should equal the total in question 6.) a. RACE ETHNICITY /HISPANIC b. RACE ETHNICITY /HISPANIC White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 American Indian/Alaska Native 0 0 American Indian/Alaska Native 0 0 Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific Islander 0 0 Black/African American & White 0 0 Black/African American & White 0 0 American Indian/Alaska Native & Black/African American 0 0 American Indian/Alaska Native & Black/African American 0 0 Other Multi-racial 0 0 Other Multi-racial 0 0 0 0 0 0 I hereby certify the above information is true and accurate. Name: Signature: Title: Your typed name here represents your electronic signature CAO 16.D.4.k Packet Pg. 1080 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 44 EXHIBIT C-1 Community Development Block Grant (CDBG) Leveraged Funds Report Leveraged Funds must be identified, tracked, and verifiable. Resources must be fully identified and described as submitted with SUBRECIPIENT’s application. Subrecipient Name: The Shelter for Abused Women & Children, Inc. Report Period: Fiscal Year: Contract Number: CD22-02 Program: CDBG Contact Name: Contact Number: Leveraged Funds See EXAMPLE below for how to complete this form. Source Amount Type Use Total Project Cost Ratio: EXAMPLE Source Amount Type Use CDBG $1,000,000 Other Federal Funds Land Acquisition HOME $870,000 Federal Funds Infrastructure Private Donation $1,200,000 Cash & In-Kind Infrastructure Philanthropic $3,500,000 Cash – local funds 52 units Affordable Housing Total Project Cost $6,570,000 Ratio: $1 Federal Dollar $2.51 Local Funds Signature Page to Follow CAO 16.D.4.k Packet Pg. 1081 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 45 I hereby certify the above information is true and accurate. Signature: Date: Printed Name: Title: Your typed name here represents your electronic signature. CAO 16.D.4.k Packet Pg. 1082 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 46 EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete this form and retain appropriate supporting documentation proving CDBG assistance to an eligible beneficiary. Please retain in your organization’s records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names – All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets B(b) 0.00 If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave blank. B(c) CAO 16.D.4.k Packet Pg. 1083 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 47 C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages / Salaries (include tips, commissions, bonuses, and overtime) Benefits / Pensions Public Assistance Other Income Asset Income (Enter the greater of box B(b) or box B(c), above, in box C(e) below) 1 2 3 4 5 6 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 0.00 0.00 Enter total of items C(a) through C(e). This amount is the Annual Anticipated Household Income. 0.00 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 Chapter 817, 18 U.S.C. § 1001 and 31 U.S.C. § 3729 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 Sections 775.082 and 775.083, Florida Statutes. 31 U.S.C. 3729 - False claims - Document in Context - USCODE-2010-title31-subtitleIII-chap37-subchapIII-sec3729 (govinfo.gov) 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 CAO 16.D.4.k Packet Pg. 1084 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 48 E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s) constitute(s) a: Extremely Low-Income (ELI) Household means and individual or family whose annual income does not exceed 30/50th of the Very Low-Income (60 percent of VLI) percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Very Low-Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Low-Income (LI) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Based on the (year) income limits for the Naples-Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Date Printed Name Title F. Household Data Number of Persons By Race / Ethnicity By Age American Indian Asian Black Native Hawaiian or Other Pac. Islander White Other 0 –25 26 –40 41 –61 62+ Hispanic Non- Hispanic NOTE: Information concerning the race or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information, and refusal to give such information will not affect any right he or she has to the CDBG program. CAO 16.D.4.k Packet Pg. 1085 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-SOC-00912/1723784/1] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CD22–02 Roof Replacement-Phase 1 and/or II Page 49 EXHIBIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding the organization’s compliance. In determining Federal awards expended in a fiscal year, the subrecipient must consider all sources of Federal awards, based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F – Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Subrecipient Name The Shelter for Abused Women & Children, Inc. First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year (MM/DD/YY) Total Federal Financial Assistance Expended during most recently completed Fiscal Year Total State Financial Assistance Expended during most recently completed Fiscal Year $ $ Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been met, and a Single Audit as required by 2 CFR Part 200 Subpart F has been completed or will be completed by ______________. Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: Did not exceed the expenditure threshold for the fiscal year indicated above Are a for-profit organization Are exempt for other reasons – explain_________________________________ An audited financial statement is attached and if applicable, the independent auditor’s management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title 06/18 CAO 16.D.4.k Packet Pg. 1086 Attachment: Shelter for Abused Women and Children-Roof Replacement (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 1 FAIN # B-19-UC-12-0016 B-20-UC-12-0016 B-21-UC-12-0016 B-22-UC-12-0016 Federal Award Date 10/2022 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded $900,000.00 Subrecipient Name Collier County Housing Authority UEI# WHDZXBD56QL1 FEIN 59-1490555 R&D NA Indirect Cost Rate NA Period of Performance 10/1/2022-4/30/2023 Fiscal Year End 9/30 Monitor End: 04/2028 AGREEMENT BETWEEN COLLIER COUNTY AND Collier County Housing Authority CDBG Grant Program – Rental Acquisition THIS AGREEMENT is made and entered into this ____ day of _______ 2022, by and between Collier County, a political subdivision of the State of Florida, (“COUNTY”) having its principal address at 3339 Tamiami Trail East, Naples, FL 34112, and Collier County Housing Authority (“SUBRECIPIENT”), a public body corporate and politic, created and existing under and by virtue of the laws of the State of Florida, Chapter 421 having its principal office at 1800 Farm Worker Way, Immokalee, FL 34142. WHEREAS, the COUNTY has entered into an Agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the Board of County Commissioners of Collier County (“Board”) approved the Collier County Consolidated Plan – One-year Action Plan for Federal Fiscal Year 2022-2023 for the CDBG Program with Resolution 2022-______ on June 28, 2022 – Agenda Item 16.D._________; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the COUNTY advertised the 2022-2023 Annual Action Plan, on May 25, 2022, with a 30-day Citizen Comment period from May 25, 2022 to June 25, 2022; and CAO 16.D.4.p Packet Pg. 1087 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 2 WHEREAS, the SUBRECIPIENT has submitted a proposal for participation in the Collier County CDBG program; and WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in undertaking the CDBG project – (CD22-04) Rental Acquisition. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART I SCOPE OF WORK SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: Rental Acquisition Description of project and outcome: CHS, as an administrator of the CDBG program, will make available FY 2019-2020, 2020-2021, 2021-2022 and 2022-2023 CDBG funds up to the gross amount of $900,000.00, to Collier County Housing Authority to fund the acquisition of duplex housing unit(s) in Collier County, Florida to assist qualified low- to moderate-income housing participants. Project Component One: Acquisition of (1) or more multi-unit rental property(s) and all associated closing costs including but not limited to legal fees, appraisal, recording fees, inspection, and survey. The property will be deed restricted for five (5) years commencing on the date of initially meeting one of the National Objectives, in accordance with 24 CFR 570.505, if applicable. 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this Agreement, SUBRECIPIENT must deliver to CHS for approval, a detailed project schedule for the completion of the project. B. SUBRECIPIENT must submit the following resolutions and policies to CHS within sixty (60) days of execution of this Agreement: Affirmative Fair Housing Policy Affirmative Action/Equal Opportunity Policy Conflict of Interest Policy (COI) and related COI Forms CAO 16.D.4.p Packet Pg. 1088 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 3 Procurement Policy Uniform Relocation Act (URA) Policy Sexual Harassment Policy Section 3 Policy Section 504/ADA Policy Fraud, Waste, and Abuse Policy Language Assistance and Planning Policy (LAP) Limited English Proficiency Policy (LEP) Violence Against Women Act (VAWA) Policy LGBTQ Policy C. Environmental Review Requirement (ERR) – This Agreement does not constitute a commitment of Funds or site approval. The commitment of Funds or site approval may occur only upon satisfactory completion of environmental review and either (i) the determination that the project is Exempt or (ii) the COUNTY’s receipt of an approved request for release of funds and certification from HUD, under 24 CFR Part 58. The provision of any funds to the project is conditioned on the COUNTY’s determination to proceed with, modify, or cancel the project based on the results of the environmental review. No program costs can be incurred until an environmental review of the project is completed and approved by the COUNTY. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to CHS issuance of the Notice to Proceed (NTP) letter. Violation of this provision may result in the termination of this subaward and/or the denial of any reimbursement of funds under this Agreement. D. Annual Subrecipient Training – All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement shall attend the CHS- sponsored Annual SUBRECIPIENT Fair Housing training. In addition, at least one staff member shall attend all other CHS-offered SUBRECIPIENT training, relevant to the Project, as determined by the Grant Coordinator, not to exceed four (4) sessions. E. 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 persons”) 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 HUD 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. CAO 16.D.4.p Packet Pg. 1089 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 4 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component 1: Acquisition of (1) or more multi-unit rental property(s) and all associated closing costs including but not limited to legal fees, appraisal, recording fees, inspection, and survey. $900,000.00 Total Federal Funds: $900,000.00 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 Provide Leverage Funds Report Ensure attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS Ensure attendance by SUBRECIPIENT and General Contractor at Pre-Construction meetings, prior to SUBBRECIPIENT issuing Notice to Proceed (NTP) to contractor Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation Identify Lead Project Manager Provide Site Design and Specifications Submit Change Orders for CHS approval prior to SUBRECIPIENT authorizing work Comply with Davis-Bacon Labor Standards Comply with Section 3 and maintain documentation Provide weekly certified payroll throughout construction and rehabilitation Comply with Uniform Relocation Act (URA), if necessary Ensure applicable numbers of units are Section 504/ADA accessible Ensure the applicable continued use period for the project is met B. National Objective The CDBG program Funds awarded to Collier County must benefit low- to moderate-income persons (LMI). As such, SUBRECIPIENT shall ensure that all activities and beneficiaries meet the definition of: LMA – Low/Mod Area Benefit LMC – Low/Mod Clientele Benefit LMH – Low/Mod Housing Benefit LMJ – Low/Mod Job Benefit CAO 16.D.4.p Packet Pg. 1090 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 5 LMA: Must document where at least 51 percent of the residents are LMI persons, based on HUD determined eligible census tracts. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMC: Must document that at least 51 percent of persons served, are low- to moderate- income persons or households, in order to meet a CDBG National Objective. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must contain at least 51 percent occupied by LMI households, and structures with less than three units must be occupied by 100 percent LMI households. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMJ: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 percent of which (computed on a full-time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. C. Performance Deliverables Program Deliverable Deliverable Supporting Documentation Submission Schedule Insurance Insurance Certificate Within 30 days of Agreement execution and Annually within thirty (30) days of renewal Special Grant Condition Policies (Section 1.1) Policies as stated in this Agreement Within sixty (60) days of Agreement execution Detailed Project Schedule Project Schedule N/A Project Plans and Specifications Site Plans and Specifications N/A Draft Closing Documents (Closing Packet)* Uniform Relocation Act Requirement: Including but not limited to-Written Offer to Purchase, Voluntary Acquisition Notice, Acquisition Checklist, Site Occupant Record (Tenant Interview), Signed Offer, Appraisal, Inspection, Signed Sales Contract, Settlement Statement, Title Commitment Documents are required prior to written offer and all closing documents due 7 days prior to closing. Subcontractor Log Subcontractor Log N/A Quarterly Progress Report Exhibit C 1. Quarterly reports within 10 days following the quarter end. 2. Final report upon submission of the final pay request in Neighborly. 3. Annually after closeout CAO 16.D.4.p Packet Pg. 1091 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 6 Section 3 Report Quarterly Report of New Hire Information N/A. Leverage Funds Report Exhibit C-1 1. Quarterly, within 10 days following quarter end. 2. Final report upon submission of the final pay request in Neighborly Davis-Bacon Act Certified Payroll Weekly Certified Payroll reports, forms, and supporting documentation N/A Annual Audit Monitoring Report Exhibit E Annually, within 60 days after FY end Financial and Compliance Audit Audit, Management Letter, and Supporting Documentation Annually: nine (9) months after FY end for Single Audit OR one hundred eighty (180) days after FY end Continued Use Certification Continued Use Affidavit, if applicable Annually, for five (5) years after Project Closeout Capital Needs Assessment Plan Plan approved by the COUNTY Initial Plan due after construction completion. Annually throughout the continued use period Program Income Reuse Plan Plan Approved by the COUNTY Annually until 2028 Rent Rolls Summary of Tenant Income and Income Limit, Rent, and Rent Limit by unit Upon execution of initial lease agreement and annually thereafter. * SUBRECIPIENT’s Notice to Proceed may be withheld if procurement deliverables are not submitted in a timely manner, as stated in Section 1.2.C, Performance Deliverables. SUBRECIPIENT must submit to the COUNTY, for approval, all Change Orders required during the project. Failure to submit Change Orders in a timely manner, may result in delay or withholding of payment, as well as a cease work order until all change orders have been reviewed and approved, at which time a new Notice to Proceed will be issued. D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Acquisition of (1) or more multi- unit rental property(s) and all associated closing costs including but not limited to legal fees, appraisal, recording fees, inspection, and survey. Submission of supporting documents must be provided as backup, as evidenced by appraisal, sales contract, closing documents, invoices, proof of payments for expenses paid outside closing (invoice and canceled check) and any other additional documentation as requested. Submitted to CHS no less than 7 days before closing date. SUBRECIPIENT’S failure to achieve the National Objective will require repayment of the CDBG investment under this Agreement. CAO 16.D.4.p Packet Pg. 1092 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 7 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall begin on July 1, 2022 and shall end on April 30, 2023. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available NINE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($900,000.00) for use by SUBRECIPIENT, during the term of the Agreement (hereinafter, shall be referred to as the Funds). Modification to the Budget and Scope may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only be made with Board of County Commissioners (Board) approval. The COUNTY shall directly pay via wire transfer or reimbursement of funds to the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks, as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of CDBG Funds until Funds are needed for eligible costs; and all disbursement requests must be limited to the amount needed at the time of the request. SUBRECIPIENT may expend Funds only for allowable costs resulting from obligations incurred during the term of this Agreement. Invoices for work performed are required every month. If no work has been performed during the month, or if SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to SUBRECIPIENT when requested as work progresses, but not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. The COUNTY shall wire funds to the title company or reimburse SUBRECIPIENT at closing and secure a 0 percent forgivable mortgage for the acquisition of the Property. The SUBRECIPIENT shall provide CHS closing disclosures seven (7) days prior to closing and submit Title Insurance to CHS the same day as closing. No wire transfer will be made until approved by CHS and the Collier County Clerk of Courts for grant compliance and adherence to all applicable local, state, or federal requirements. Wire transfer will be made upon receipt of closing disclosures and in compliance with section 218.70, Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.” The amount of wire transfer shall not be more than $900,000.00 The COUNTY reserves the right to deny payment of incomplete or altered closing disclosures, inadequately documented expenses, or expenses for items and services the COUNTY deems not to be usual, customary, and reasonable expenses related to the Project. CAO 16.D.4.p Packet Pg. 1093 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 8 If applicable, final invoices are due no later than 90 days after the end of the Agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. CHS may withhold any payment request 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 or evidence of project inactivity may cause payment suspension of any open pay requests until the required deliverables are received or substantial project progression occurs, as determined by CHS. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice, and in compliance with sections 218.70-218.80, Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.” Zero dollars will be retained, however the subrecipient is required to meet the CDBG National Objective by April 30, 2023. Failure on behalf of the subrecipient in achieving the National Objective under this agreement will require repayment of the entire CDBG investment under this agreement. All homes shall be occupied no later than April 30, 2023. 1.5 LEVERAGE FUNDS Leveraged funds must be identified, tracked, and verifiable in the SUBRECIPIENT’s records. Resources must be fully identified and described in the Agreement and the approved budget submitted with the application. Resources must also meet the following criteria to be allowable as leverage: a. Expenditures of leveraged funds or resources are permitted only for eligible activities and allowable costs under the cost principles specified by the OMB Circulars referenced in this Agreement. Expenditures must be necessary and reasonable for proper and efficient accomplishments of project or program objectives. b. Leveraged resources committed on one project may not be used as leverage or match for any other project or program. c. Leveraged resources must represent newly created resources covering expenditures that would not be incurred if the award were not made. d. Leveraged resources may not be Federal funds under a different award, except where Federal statute allows their use for cost sharing (such as the Community Development Block Grant program). e. Third-party cash or in-kind contributions offered as leverage require a commitment letter on company letterhead signed by the individual who is in a position to commit the in-kind contribution. The contribution is only allowable if not utilized towards matching dollars. 1.6 COST PRINCIPLES Payments to 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 1.6-Cost Principles) of this Agreement, SUBRECIPIENT is defined as described in 2 CFR CAO 16.D.4.p Packet Pg. 1094 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 9 200.93. 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. SUBRECIPIENT may only incur direct costs that may be attributed specifically to the project(s) 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 Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart E; however, the COUNTY is and may impose requirements upon the Developer to remain compliant with COUNTY’s obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. 1.7 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Judith Sizensky, Grant Coordinator Collier County Government Community and Human Services Division 3339 Tamiami Trail East, Suite 213 Naples, Florida 34112 Email: Judith.Sizensky@Colliercountyfl.gov Telephone: (239) 252-2590 SUBRECIPIENT ATTENTION: Oscar Hentschel, Executive Director Collier County Housing Authority 1800 Farm Worker Way Immokalee, Florida 34142 Email: ohentschel@cchafl.org Telephone: (239) 657-3649 Remainder of Page Intentionally Left Blank CAO 16.D.4.p Packet Pg. 1095 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 10 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit all records, documentation, and any other data relating to all matters covered by the Agreement. SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its receipt of the report. SUBRECIPIENT’s failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning Subrecipient audits and 2 CFR 200.501 Federal Award amounts expended shall be determined in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to determine compliance with the requirements of this Agreement, the CDBG Program, and all other applicable laws and regulations. This documentation shall include but is not limited to, the following: A. All records required by CDBG regulations. B. SUBRECIPIENT shall create and maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform the service. C. SUBRECIPIENT shall make available to the COUNTY or CHS at any time upon request, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of Funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail to properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. CAO 16.D.4.p Packet Pg. 1096 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 11 D. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, and in a readily accessible, permanent, and secured location for three (3) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.334, 24 CFR 570.493 and 24 CFR 570.502(a)(7)(ii). However, if any litigation, claim, or audit is started before the expiration date of the three (3) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If SUBRECIPIENT ceases to exist after the closeout of this Agreement, it shall notify the COUNTY in writing, of the address where the records are to be kept, as outlined in 2 CFR 200.337. SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in SUBRECIPIENT’S possession upon termination 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 SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO SUBRECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, IT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-2679, Michael.Brownlee@colliercountyfl.gov, 3299 Tamiami Trail East, Naples, FL 34112. E. SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Act of 1931, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, SUBRECIPIENT shall maintain records showing compliance with Federal purchasing requirements and other Federal requirements for grant implementation. F. 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. SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT’S compliance. G. SUBRECIPIENT shall document how it complied with the National Objective(s), as defined in 24 CFR 570.208, and the eligibility requirement(s) under which funding was received. This includes special requirements, such as necessary and appropriate determinations as defined in 24 CFR 570.208, income certification, and written agreements with beneficiaries, where applicable. CAO 16.D.4.p Packet Pg. 1097 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 12 H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records, and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public records that are released from public records disclosure requirements are not disclosed, except as authorized by 2 CFR 200.337 and 2 CFR 200.338. 2.3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit E) no later than 60 days after SUBRECIPIENT’S fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for Subrecipients exempt from Single Audit) after the SUBRECIPIENT’S fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may carry out no fewer than one (1) annual on-site monitoring visit and evaluation activities, as determined necessary. At the COUNTY’s discretion, a desktop review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. Upon request by CHS, SUBRECIPIENT shall submit information and status reports required by CHS or HUD, to enable CHS to evaluate said progress and allow for completion of required reports. SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. COUNTY will monitor SUBRECIPIENT’S performance in an attempt to mitigate fraud, waste, abuse, or non-performance, based on goals and performance standards as stated with all other applicable laws, regulations, and policies governing the funds provided under this Agreement, further defined by 2 CFR 200.332. Substandard performance, as determined by CHS, will constitute noncompliance with this Agreement. If corrective action is not taken by 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 control systems and procedures necessary to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and to provide proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT’S internal control systems and all transactions and other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. CAO 16.D.4.p Packet Pg. 1098 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 13 SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the performance of this 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 the COUNTY issuing Findings or Concerns to SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action plan to CHS within 10 business days following issuance of the report. · Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. · CHS will be available to provide Technical Assistance (TA) to SUBRECIPIENT, as needed, in order to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely manner, the COUNTY may require a portion of the awarded grant funds to be returned to the COUNTY. · CHS may require SUBRECIPIENT to return upwards of 5 percent of the award amount to the COUNTY, at the discretion of the Board. · SUBRECIPIENT may be denied future consideration, as set forth in Resolution No. 2013-228. 3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected, and has been informed by CHS of their substantial noncompliance by certified mail, CHS may require a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed, to be returned to the COUNTY. CAO 16.D.4.p Packet Pg. 1099 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 14 · CHS may require SUBRECIPIENT to return upwards of 10 percent of the award amount to the COUNTY, at the discretion of the Board. · SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. 4. If after repeated notification, SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend termination of the Agreement or award. · CHS will make a recommendation to the Board to immediately terminate the Agreement. SUBRECIPIENT will be required to repay all Funds disbursed by CHS for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. · SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board’s discretion. 2.6 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. Reports showing lack of project activity may result in withholding of payment or issuance of a Notice of Non- Compliance. During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January, April, July, and October, respectively, for the prior quarter period end. As part of the report submitted in October, SUBRECIPIENT agrees to include a comprehensive final report covering the agreed-upon Program objectives, activities, and expenditures including but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit C, which contains an example reporting form to be used in fulfillment of this requirement. Additionally, all leveraged funds utilized in support of this project will be submitted on Exhibit C-1 as part of the final report. Other reporting requirements may be required by the County Manager or designee if the Program changes, the need for additional information or documentation arises, and/or if 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. CAO 16.D.4.p Packet Pg. 1100 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 15 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY’s sole discretion and judgment. SUBRECIPIENT shall cause all provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. 3.2 GENERAL COMPLIANCE SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants), including subpart K of these regulations, except that (1) SUBRECIPIENT does not assume the COUNTY’S environmental responsibilities described in 24 CFR 570.604; (2) SUBRECIPIENT does not assume the COUNTY’S responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) SUBRECIPIENT is required to follow the Federal procurement process; and (4) for Developers, revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. 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. SUBRECIPIENT is prohibited from using Funds provided herein, or personnel employed in the administration of the program for political activities, inherently religious activities, lobbying, political patronage, and nepotism activities. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. SUBRECIPIENT shall always remain an “independent contractor” with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers’ Compensation Insurance, as the SUBRECIPIENT is independent from the COUNTY. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such amendments make specific reference to this Agreement, are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY’S Board. Such CAO 16.D.4.p Packet Pg. 1101 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 16 amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or Local governmental guidelines, policies, available funding amounts, or for other reasons. If such amendments result in a change in the funding, scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from HUD CDBG grant Funds and must be implemented in full compliance with all of HUD’s rules and regulations and any agreement between COUNTY and HUD governing the CDBG Funds pertaining to this Agreement. In the event of curtailment or non-production of said Federal Funds, or the reduction of Funds awarded by HUD to the COUNTY, to a level that the County Manager determines to be insufficient to adequately administer the project, the financial resources necessary to continue to pay SUBRECIPIENT all or any portion of the Funds will not be available. In either event, the COUNTY may terminate this Agreement, which shall be effective as of the date that it is determined by the County Manager or designee, in his/her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, SUBRECIPIENT shall indemnify and hold harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action, which may arise out of an act or omission including but not limited to, reasonable attorneys’ and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies, which otherwise may be available to an indemnified party or person described in this paragraph. SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith, shall defend all suits in the name of the COUNTY, and shall pay all costs (including attorney’s fees) and judgments which may issue there-on. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in section 768.28, Florida Statutes. This section shall survive the expiration or termination of this Agreement. CAO 16.D.4.p Packet Pg. 1102 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 17 3.7 GRANTEE RECOGNITION/SPONSORSHIPS SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of program sponsorships, research reports, and similar public notices, whether printed or digitally prepared and released by SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: “FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION” and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information to the general public regarding the development team as well as Equal Housing Opportunity. Construction signs shall comply with applicable COUNTY codes. If this Agreement results in any copyrightable material or inventions, CHS and/or the COUNTY reserve the right to royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use; and to authorize others to use the work or materials for governmental purposes. 3.8 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.341, this Agreement may be terminated for convenience by either the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and in the case of partial terminations, the portion to be terminated. However, in the case of a partial termination, if the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. This Agreement may also be terminated by the COUNTY, if the award no longer effectuates the program goals or grantor agency priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement, in compliance with 2 CFR 200, Appendix II (A): A. Failure to comply with any of the rules, regulations, or provisions referred to herein; or such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as may become applicable at any time. B. Failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner. C. Ineffective or improper use of Funds provided under this Agreement. D. Submission of reports to the COUNTY that are incorrect or incomplete in any material respect. E. Submission of any false certification. CAO 16.D.4.p Packet Pg. 1103 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 18 F. Failure to materially comply with any terms of this Agreement. G. Failure to materially comply with the terms of any other agreement between the COUNTY and SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any combination of one or more of the following remedies, in compliance with 2 CFR 200, Appendix II (B): A. Require specific performance of the Agreement in whole or in part. B. Require the use of, or change in, professional property management, if applicable. C. Require SUBRECIPIENT to immediately repay to the COUNTY all CDBG Funds received under this Agreement. D. Apply sanctions, if COUNTY determines them to be applicable. E. Stop all payments until identified deficiencies are corrected. F. Terminate this Agreement by giving written notice to SUBRECIPIENT specifying the effective date of such termination. If the Agreement is terminated by the COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. 3.9 SUSPENSION AND DEBARMENT SUBRECIPIENT certifies that neither it, nor its principals, are 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 12549 (1986) and 12689 (1989), Suspension and Debarment, and 2 CFR 200.214, as further detailed in Section 4.18. 3.10 REVERSION OF ASSETS In the event of Agreement termination, and in addition to any and all other remedies available to the COUNTY (whether under this Agreement, at law, or in equity), SUBRECIPIENT shall, at the time of termination (or expiration), immediately transfer to the COUNTY any property on hand and any accounts receivable attributable to the use of CDBG Funds, per 24 CFR 570.503(b)(7). The COUNTY’S receipt of any Funds on hand at the time of termination shall not waive the COUNTY’S right (nor excuse SUBRECIPIENT’S obligation) to recoup all or any portion of the Funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). All program assets (unexpended program income, property, equipment, etc.) shall revert to CHS upon termination of this Agreement. CAO 16.D.4.p Packet Pg. 1104 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 19 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said insurance shall be carried continuously during SUBRECIPIENT’S performance under the Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the Federal Regulations for the Community Development Block Grant (24 CFR 570 et seq.). 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through 200.327) and Collier County’s Procurement Ordinance #2017-08, as amended. Current purchasing thresholds are: Range: Competition Required $0 - $50,000 3 Written Quotes $50,001+ Formal Solicitation (ITB, RFP, etc.) All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or put out to competitive bidding, under a procedure acceptable to COUNTY and Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest, responsible, and qualified bidder. SUBRECIPIENT shall manage contract administration, and CHS shall monitor the administration. CHS shall have access to all records and documents related to the Project. In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II (J) and 2 CFR 200.323. 3.14 PROGRAM GENERATED INCOME Program Income is anticipated. If Program Income is derived from the use of CDBG Funds disbursed under this Agreement, such Program Income shall be utilized by the SUBRECIPIENT only for CDBG-eligible activities approved by the COUNTY. Any Program Income (as such term is defined under applicable Federal regulations) gained from any SUBRECIPIENT activity funded CAO 16.D.4.p Packet Pg. 1105 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 20 by CDBG Funds shall be reported to the COUNTY through an annual Program Income Re-use Plan, utilized by the SUBRECIPIENT accordingly, and shall comply with 2 CFR 200.307, 24 CFR parts 570.489 and 570.500, and 24 CFR 570.504 in the operation of the Program. When Program Income is generated by an activity that is only partially assisted by CDBG Funds, the income shall be prorated to reflect the percentage of CDBG Funds used. If there is a Program Income balance at the end of the Program Year, such balance shall revert to the COUNTY’s Community Block Grant Program, for further reallocation. 3.15 Acquisition/Improvement of Real Property: Real property under the SUBRECIPIENT’S control that was acquired or improved, in whole or in part, with CDBG funds shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208, during the continued use period, as referenced in section 3.16 (Grant Closeout Procedures) of this Agreement. If SUBRECIPIENT disposes of or otherwise fails to continue to use the CDBG-assisted real property in a manner that meets a CDBG National Objective, SUBRECIPIENT shall pay the COUNTY an amount equal to the percentage of the current fair market value of the property, less any disposal costs. The basis for such percentage shall be the percentage of the appraised value attributable to CDBG and non- CDBG funds expended for the original acquisition of, or improvement to the property under the terms of this Agreement. Such payment shall constitute program income to the COUNTY. Additionally, real property under the SUBRECIPIENT’S control that was acquired or improved, in whole or in part, with CDBG Funds shall be used to meet one of the CDBG National Objectives, pursuant to 24 CFR 570.208, during the continued use period as referenced in section 3.16 (Grant Closeout Procedures) of this Agreement. If SUBRECIPIENT sells, transfers, disposes of, or otherwise fails to continue to use the CDBG-assisted real property in a manner that meets a CDBG National Objective, SUBRECIPIENT shall pay the COUNTY an amount equal to a percentage of the current fair market value of the property, after subtracting disposal costs. The basis for such percentage shall be the percentage of the appraised value attributable to CDBG and non-CDBG Funds expended for the original acquisition of, or improvement to, the property under the terms of this Agreement. Such payment shall constitute program income to the COUNTY. 3.16 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT’S obligation to the COUNTY shall not end until all closeout requirements are completed. SUBRECIPIENT may close out the project with the COUNTY after the five (5) year continued use period has been met. The continued use period shall commence with the latter of the SUBRECIPIENT meeting the National Objective or the recording of lien and/or deed restriction documentation. Activities during this closeout period shall include but are not limited to making final payments; disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY); and determining the custodianship of records Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that SUBRECIPIENT has control over CDBG Funds, including program income. In addition to the records retention outlined in section 2.2 (Records and Documentation) of this Agreement, SUBRECIPIENT shall comply with section 119.021, Florida Statutes, regarding records maintenance, preservation, and retention. A conflict between State and Federal records retention requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. Any balance of unobligated Funds that have been CAO 16.D.4.p Packet Pg. 1106 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 21 advanced or paid must be returned to the COUNTY. Any Funds paid exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information complying with section 215.97, Florida Statutes, the Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.344. 3.17 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement based on race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment. Also, to the greatest extent feasible, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.18 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES SUBRECIPIENT will use its best efforts to afford small businesses and minority and women’s business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and “minority and women’s business enterprise” means a business that is at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, “minority group members” are Black Americans, Hispanic Americans, Asian/PacificAmericans, Native Americans, and Hasidic Jews. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and women’s business enterprises, in lieu of an independent investigation. 3.19 PROGRAM BENEFICIARIES If the Agreement is meeting a National Objective through an LMI strategy, at least 51 percent of the beneficiaries of a project funded through this Agreement must be low- and moderate-income persons or presumed to be low- to moderate-income persons based on applicable regulation. Determination of income eligibility is based on the annual income of the family or household. This Agreement conforms to the definition of Annual Income, per 24 CFR 570.3(1)(i), where Annual income is defined under the Section 8 Housing Assistance Payments. Details for calculating the Annual Income are contained in 24 CFR 5.609, with practical instructions contained in HUD Handbook 4350.3, Chapter 5. CAO 16.D.4.p Packet Pg. 1107 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 22 If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than 30 percent of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the COUNTY’s Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit C of this Agreement. 3.20 AFFIRMATIVE ACTION SUBRECIPIENT agrees that it is committed to carrying 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. Prior to the award of Funds, SUBRECIPIENT shall submit to the COUNTY for approval a plan for an Affirmative Action Program. The Affirmative Action Program must be updated throughout the continued use period and submitted to the COUNTY within 60 days of any update/modification. SUBRECIPIENT’s contracting officer will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or worker’s representative of SUBRECIPIENT’s commitments hereunder, and shall post copies of the notice in conspicuous places available to all employees and applicants for employment. 3.21 CONFLICT OF INTEREST SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement; and that no person having any conflict of interest shall be employed or subcontracted by SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 “Conflict of Interest,” 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. 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 SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY’s sole discretion. This provision is not intended to limit SUBRECIPIENT’S ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of SUBRECIPIENT, its employees, or its contractors shall be disclosed to CHS in writing, provided however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low- and moderate-income residents of the project target area. CAO 16.D.4.p Packet Pg. 1108 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 23 3.22 BYRD ANTI-LOBBYING AMENDMENT Each tier certifies that the tier above it will not, and has not, used Federally appropriated Funds to pay any person or organization for influencing or attempting to influence the award of Federal Funds, as covered by 31 USC 1352, and more fully described in Section 4.54 of this Agreement. Contractors who apply or bid for an award of $100,000 or more shall file the required certification. 3.23 RELIGIOUS ORGANIZATIONS CDBG Funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment and will not limit employment or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services and will not limit such services or give preference to persons based on religion. C. It will retain its independence from Federal, State, and Local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided it does not use direct CDBG Funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. The Funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG Funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities, in accordance with the cost accounting requirements applicable to CDBG Funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. 3.24 INCIDENT REPORTING If SUBRECIPIENT provides services to clients under this Agreement, SUBRECIPENT and any subcontractors shall report to the COUNTY, knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person. 3.25 SEVERABILITY Should any provision of this Agreement be determined unenforceable or invalid, such determination shall not affect the validity or enforceability of any other section or part thereof. CAO 16.D.4.p Packet Pg. 1109 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 24 3.26 MISCELLANEOUS SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. SUBRECIPIENT represents and warrants that the financial data, reports, and other information it furnished to the COUNTY regarding the Project are accurate and complete, and financial disclosures fairly represent the financial position of SUBRECIPIENT. SUBRECIPIENT understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the COUNTY’S or SUBRECIPIENT’s responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service and, in case of a minor, that of a responsible parent/guardian. SUBRECIPIENT certifies that it has the legal authority to receive the funds under this Agreement and its governing body has authorized the execution and acceptance of this Agreement. SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind SUBRECIPIENT to the terms of this Agreement. The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida, without giving effect to its provisions regarding choice of laws. All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all applicable federal, state, and municipal laws, ordinances, regulations, orders, and guidelines, including but not limited to any applicable regulations issued by the COUNTY. Electronic Signatures. This Agreement, and related documents entered into in connection with this Agreement, are signed when a party’s signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. 3.27 WAIVER The COUNTY’S failure to act with respect to a breach by SUBRECIPIENT does not waive its right to act with respect to subsequent or similar breaches. The COUNTY’S failure to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. Remainder of Page Intentionally Left Blank CAO 16.D.4.p Packet Pg. 1110 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 25 PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title24/24cfr570_main_02.tpl 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. https://www.ecfr.gov/cgi-bin/text- idx?SID=1acdb92f3b05c3f285dd76c26d14f54e&mc=true&node=pt24.1.58&rgn=div5 Resource Conservation and Recovery Act (RCRA). Under RCRA codified at 42 USC 6962, state and local institutions of higher education, hospitals, and non-profit organizations that receive direct Federal awards or other Federal Funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to the EPA guidelines. Summary of the Resource Conservation and Recovery Act | US EPA 4.3 Hatch Act: The SUBRECIPIENT shall comply with the Hatch Act, 5 USC 1501-1508 and shall ensure that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 Title V of the USC Federal Register : Political Activity-State or Local Officers or Employees; Federal Employees Residing in Designated Localities; Federal Employees 4.4 Section 104(d) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended Section 109 of the HCD Act of 1974 | HUD.gov / U.S. Department of Housing and Urban Development (HUD) Section 104(d) of the Housing and Community Development Act of 1974, as amended (see 42 USC 5304(d)) - HUD Exchange 4.5 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. https://www.hud.gov/sites/documents/DOC_7771.PDF https://www.justice.gov/crt/fair-housing-act-1 Executive Order 11063 – Equal Opportunity in Housing https://www.archives.gov/federal- register/codification/executive-order/11063.html Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs https://www.archives.gov/federal-register/codification/executive-order/12259.html 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O. https://www.law.cornell.edu/cfr/text/24/part-107 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 This Agreement is subject to 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared, or improved with assistance provided under this Agreement, SUBRECIPIENT shall cause or require a covenant running with the land to be inserted in the deed or lease of such transfer, prohibiting discrimination herein as defined, in the sale, lease, or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, CAO 16.D.4.p Packet Pg. 1111 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 26 providing that the COUNTY and the United States are beneficiaries of and entitled to enforce such covenants. SUBRECIPIENT, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4.6 Title IX of the Education Amendments of 1972, as amended, 20 USC 1681, which prohibits discrimination on the basis of sex in educational programs Title IX Of The Education Amendments Of 1972 (justice.gov) 4.7 The Temporary Assistance for Needy Families Program (TANF) 45 CFR Parts 260-265, the Social Services Block Grant 42 ISC 1397d and other applicable federal regulations and policies promulgated thereunder. Temporary Assistance for Needy Families | Benefits.gov eCFR: 45 CFR Part 260 -- General Temporary Assistance for Needy Families (TANF) Provisions The Pro-Children Act: Contractor agrees to comply with the Pro-Children Act of 1994, 20 USC 6083. Pro-Children Act Of 1994 | Legislation | US Encyclopedia of law (lawi.us) 4.8 Public Announcements and Advertising: When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs Funded in whole or in part with Federal money, SUBRECIPIENTshall clearly state (1) the percentage of the total costs of the program or project which will be financed with Federal money, (2) the dollar amount of Federal funds for the project or program, and (3) percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources. 4.9 Purchase of American-Made Equipment and Products: SUBRECIPIENT assures that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Agreement will be American-made. 4.10 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-sec570- 602.pdf 4.11 Executive Order 11246 (“Equal Employment Opportunity”), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended EO 11375 and 12086: see item #8 below 4.12 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. SUBRECIPIENT will, in all solicitations or advertisements for CAO 16.D.4.p Packet Pg. 1112 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 27 employees placed by or on behalf of SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. Title VII of the Civil Rights Act of 1964 | U.S. Equal Employment Opportunity Commission (eeoc.gov) 4.13 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. 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, 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.” Section 3 requires 25 percent of the total labor hours must be worked by Section 3 workers and 5 percent of the total labor hours must be worked by Targeted Section 3 workers. If SUBRECIPIENT is unable to meet these benchmarks, efforts taken to meet the requirements must be described. Examples include held job fairs, conduct on the job training, outreach efforts to public housing residents, and connecting residents to supportive services. SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG-Funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the CAO 16.D.4.p Packet Pg. 1113 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 28 metropolitan area in which the CDBG-Funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. https://www.hud.gov/sites/documents/DOC_12047.PDF 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 4.14 SUBRECIPIENT shall not assign or transfer any interest in this Agreement without the prior written consent of the COUNTY thereto; provided, however, that claims for money due or to become due to SUBRECIPIENT from CHS under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to CHS. 4.15 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107, and 12086. Age Discrimination Act of 1975 https://www.law.cornell.edu/uscode/text/42/chapter-76 11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.htm 11375: Amended by EO 11478 11478: https://www.archives.gov/federal-register/codification/executive-order/11478.html 12107: https://www.archives.gov/federal-register/codification/executive-order/12107.html 12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html 4.16 Contract Work Hours and Safety Standards Act, 40 USC 327-332. https://www.dol.gov/whd/regs/statutes/safe01.pdf 4.17 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: https://www.epa.gov/ocr 29 USC 776: https://law.onecle.com/uscode/29/776.html 24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614 4.18 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudap 4.19 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.fhwa.dot.gov/real_estate/uniform_act/index.cfm 4.20 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all construction contracts funded by CDBG. Davis-Bacon Act: 42 USC 276a to 40 USC 276a: CAO 16.D.4.p Packet Pg. 1114 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 29 https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40-section276a- 7&num=0&edition=1999 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States https://www.law.cornell.edu/cfr/text/29/part-3 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) https://www.law.cornell.edu/cfr/text/29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. https://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.21 As a supplement to the Davis-Bacon Act requirements, the SUBRECIPIENT agrees to comply with the “Copeland Anti-Kickback Act,” which prohibits the SUBRECIPIENT, its contractors, or subcontractors from inducing an employee to relinquish any part of his/her compensation, under the federally-funded contract. 18 U.S.C. 874 https://www.govinfo.gov/content/pkg/USCODE-2010-title18/pdf/USCODE-2010- title18.pdf 40 U.S.C. 276c https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40- section276c&num=0&edition=1999 4.22 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. https://www.archives.gov/federal-register/codification/executive-order/11625.html 4.23 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act (HCDA) are still applicable. 24 CFR 570.607: https://www.ecfr.gov/cgi-bin/text- idx?SID=9eae3f8eaa991f0411f383b74003bcb1&mc=true&node=pt24.3.570&rgn=div5#se24.3.5 70_1607 E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm 4.24 Public Law 100-430 - the Fair Housing Amendments Act of 1988. https://www.ncbi.nlm.nih.gov/pubmed/12289709 CAO 16.D.4.p Packet Pg. 1115 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 30 4.25 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl 4.26 2 CFR 200.216 – Prohibition on certain telecommunications and video surveillance services or equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or grant funds to: 1) procure or obtain; 2) extend or renew a contract to procure or obtain; 3) enter into a contract (or extend or renew a contract) to procure or obtain equipments, services, or systems that use(s) covered telecommunications equipment or services as a substantial component of any system, or as critical technology as part of any system. 4.27 Immigration Reform and Control Act of 1986 S.1200 - 99th Congress (1985-1986): Immigration Reform and Control Act of 1986 | Congress.gov | Library of Congress 4.28 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes- https://www.lawserver.com/law/state/florida/statutes/florida_statutes_chapter_112_part_iii Collier County- http://www.colliergov.net/home/showdocument?id=35137 4.29 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except that the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner’s discretion. 4.30 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). 4.31 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 CAO 16.D.4.p Packet Pg. 1116 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 31 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 section 44.102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court; and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. https://www.flsenate.gov/Laws/Statutes/2012/44.102 4.32 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE- 2010-title42/html/USCODE-2010-title42-chap85.htm https://www.law.cornell.edu/uscode/text/42/chapter-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.govinfo.gov/content/pkg/USCODE-2011-title33/pdf/USCODE-2011-title33- chap26.pdf https://www.law.cornell.edu/uscode/text/33/chapter-26 4.33 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. https://www.law.cornell.edu/cfr/text/24/570.605 4.34 SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to the HUD Lead-Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. Lead-Based Paint - HUD Exchange 4.35 SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. https://www.achp.gov/sites/default/files/regulations/2017-02/regs-rev04.pdf In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State, or Local historic property list. 4.36 SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). https://www.gpo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-title41-chap10- sec701 CAO 16.D.4.p Packet Pg. 1117 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 32 4.37 SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. https://www.archives.gov/federal-register/codification/executive-order/12549.html 4.38 SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200, et seq. 4.39 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT’S fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT’S fiscal year. Per 2 CFR 200.345, if this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. https://www.ecfr.gov/cgi-bin/text- idx?SID=5a78addefff9a535e83fed3010308aef&mc=true&node=se2.1.200_1344&rgn=div8 Any real property acquired by the SUBRECIPIENT for the purpose of carrying out the projects stated herein and approved by the COUNTY, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within SUBRECIPIENT control, which is acquired or improved, in whole or part, with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. SUBRECIPIENT agrees to comply with the requirements of 24 CFR 570.606 c governing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and the requirements in 24 CFR 570.606 (d) governing optional relocation policies. SUBRECIPIENT shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606 (b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition, or conversion for a CDBG assisted project. SUBRECIPIENT also agrees to comply with applicable COUNTY ordinances, resolutions, and policies concerning the displacement of persons from their residences. https://www.gpo.gov/fdsys/granule/CFR-1999-title49-vol1/CFR-1999-title49-vol1-sec24-101 https://www.govinfo.gov/app/details/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-505 4.40 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder, have not been placed on the convicted vendor list CAO 16.D.4.p Packet Pg. 1118 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 33 maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&UR L=0200-0299/0287/Sections/0287.133.html 4.41 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.42 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. SUBRECIPIENT shall obtain written approval from CHS for any outside travel outside the metropolitan area with funds provided under this Agreement. https://www.gsa.gov/portal/content/104877 4.43 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. https://www.govregs.com/regulations/expand/title24_part5_subpartA_section5.106 4.44 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in §5.100, required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. eCFR: 24 CFR Part 214 Subpart D -- Program Administration https://www.law.cornell.edu/cfr/text/24/5.111 4.45 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 CAO 16.D.4.p Packet Pg. 1119 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 34 4.46 Any rule or regulation determined to be applicable by HUD. 4.47 Florida Statutes section 448.095 Employment Eligibility. Per Florida Statute 448.095(3), all Florida private employers are required to verify employment eligibility for all new hires beginning January 1, 2021. Eligibility determination is not required for continuing employees hired prior to January 1, 2021. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400- 0499/0448/0448.html 4.48 Florida Statutes section 713.20, Part 1, Construction Liens Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us) 4.49 Florida Statutes section 119.021 Records Retention Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us) 4.50 Florida Statutes section 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100- 0199/0119/Sections/0119.071.html 4.51 Limited English Proficiency: 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. 4.52 Equal Treatment of Faith-Based Organizations: By regulation, HUD prohibits all recipient organizations from using financial assistance from HUD to fund explicitly religious activities. The SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see https://ojp.gov/about/ocr/partnerships.htm. Discrimination on the basis of religion in employment is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on a case-by-case basis to allow some faith-based organizations to receive HUD funds while taking into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights. 4.53 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. 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. 4.54 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 CAO 16.D.4.p Packet Pg. 1120 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 35 in connection with obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. 4.55 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds 18 U.S. Code § 1001 - Statements or entries generally | U.S. Code | US Law | LII / Legal Information Institute (cornell.edu) Beneficiaries are subject to this False Claims Act that include the following: 31 U.S.C. 3729 - False claims - Document in Context - USCODE-2010-title31-subtitleIII-chap37-subchapIII-sec3729 (govinfo.gov) 31 U.S. Code § 3729 - False claims | U.S. Code | US Law | LII / Legal Information Institute (cornell.edu) 4.56 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. 4.57 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. 4.58 Trafficking in Persons: 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 SUBRECIPIENT. The details of SUBRECIPIENT’S obligations related to prohibited conduct related to the trafficking of persons are posted at: https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm. CAO 16.D.4.p Packet Pg. 1121 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 36 4.59 Association of Community Organizations for Reform Now (ACORN): SUBRECIPIENT understands and acknowledges that it cannot use any Federal Funds, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of OJP. 4.60 If SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under this funding agreement, SUBRECIPIENT must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Busines Firms Under Government Grants, Contracts, and Cooperative Agreements,” and any implementing regulations issued by HUD. https://www.ecfr.gov/cgi- bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de761dc64c0&mc=true&n=pt37.1.401&r =PART&ty=HTML 4.61 ENTIRE AGREEMENT This Agreement constitutes the entire agreement between COUNTY and SUBRECIPIENT for the use of Funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between COUNTY and SUBRECIPIENT with respect to this Agreement. (Signature Page to Follow) CAO 16.D.4.p Packet Pg. 1122 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 37 IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: CRYSTAL K. KINZEL, CLERK ______________________________ , Deputy Clerk Dated:_________________________ (SEAL) AS TO COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ___________________________________ William L. Mcdaniel, Jr., Chairperson Date: _____________________________ AS TO SUBRECIPIENT: COLLIER COUNTY HOUSING AUTHORITY By:____________________________________ Oscar Hentschel, Executive Director Date:________________________________ [Please provide evidence of signing authority] WITNESSES: Witness #1 Signature Witness #1 Printed Name Witness #2 Signature Witness #2 Printed Name Approved as to form and legality: ____________________________________ Derek D. Perry Assistant County Attorney Date:________________________________ CAO 16.D.4.p Packet Pg. 1123 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan)2022.06.03 10:59:04-04'00' [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 38 PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers’ Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this Agreement, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 – 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this Agreement. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 – 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder’s Risk Insurance on an “All Risk” basis, in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under CAO 16.D.4.p Packet Pg. 1124 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 39 the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Agreement: 7. Workers’ Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an “All Risk” basis, in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee, with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. CAO 16.D.4.p Packet Pg. 1125 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 40 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: Rental Acquisition Project No: CD22-04 Payment Request # Total Payment Minus Retainage N/A Period of Availability: July 1, 2022 through April 30, 2023 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today’s Request (Net of Retainage, if applicable) $ $ 4. Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) $ $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor (Approval required $14,999 and below) Division Director (Approval Required $15,000 and above) CAO 16.D.4.p Packet Pg. 1126 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 41 EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement and Information System (IDIS). The COUNTY reports information on a quarterly basis. To facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten (10) days of the end of each calendar quarter. At COUNTY’s discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Subrecipient Name: Collier County Housing Authority Date: Project Title: CD22-04 Rental Acquisition IDIS #: XXXX Program Contact: Oscar Hentschel Telephone Number: (239) 657-3649 Activity Reporting Period Report Due Date July 1st – September 30th October 10th October 1st – December 31st January 10th January 1st – March 31st April 10th April 1st – June 30th July 10th REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 9/30/22 12/31/22 3/31/23 6/30/23 Final XX/XX/XX Please note: The HUD Program year begins July 1, 2022 – September 30, 2023. Each quarterly report must include cumulative data beginning from the start of the program year July 1, 2022. 1. Please list the outcome goal(s) from your approved application and SUBRECIPIENT Agreement and indicate your progress in meeting those goals since July 1, 2022. a. Outcome Goals: list the outcome goal(s) from your approved application and SUBRECIPIENT Agreement Outcome 1: Acquisition of (1) or more multi-unit rental property(s) and all associated closing costs including but not limited to legal fees, appraisal, recording fees, inspection, and survey. Outcome 2: Document achievement of LMH National Objective for a minimumof (4) households. Outcome 3: b. Goal Progress: Indicate the progress to date in meeting each outcome goal. Outcome 1: . Outcome 2: . Outcome 3: . 2. Is this project still in compliance with the original project schedule: Yes No If No, Explain: 3. Since July, 2022; of the persons assisted, how many… Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes a. …now have new access (continuing) to this service or benefit? 0 b. …now have improved access to this service or benefit? 0 c. …now receive a service or benefit that is no longer substandard? 0 Total 0 4. What funding sources did the SUBRECIPIENT apply for this period? Section 108 Loan Guarantee $ CDBG $ Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ ESG $ $ HOPWA $ $ Total Entitlement Funds $ CAO 16.D.4.p Packet Pg. 1127 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 42 5. What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if applicable? Answer question 5a or 5b; NOT both For LMC activities: people, race/ethnicity, and income data are reported by persons. For LMH activities: households, race/ethnicity, and income level are reported by households, regardless the number of persons in the household. a. Total No. Persons/Adults served (LMC) 0 Total No. persons served under 18 (LMC) 0 Quarter Total No. of Persons 0 Quarter Total No. of Persons 0 b. Total No. of Households served 0 Total No. of female head of household (LMH) 0 6. What is the total number of UNDUPLICATED clients served since July 1, if applicable? Answer question 6a or 6b, NOT both For LMC activities: race/ethnicity and income data are reported by persons. a. Total No. Persons/Adults served (LMC) 0 Total No. Persons served under 18 (LMC) 0 YTD Total: 0 YTD Total 0 b. Total No. Households served (LMH) 0 Total No. female head of household (LMH) 0 YTD Total 0 YTD Total 0 Complete EITHER question 7 or 8, NOT both Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. 7. PRESUMED BENEFICIARY DATA ONLY: (LMC) Quarter PRESUMED BENEFICIARY DATA ONLY (LMC) YTD Indicate the total number of UNDUPLICATED persons served this quarter who fall into each presumed benefit category (the total should equal the total in question #6a or 6b): Indicate the total number of UNDUPLICATED persons served since July 1 who fall into each presumed benefit category (the total should equal the total in question #6a or 6b): a Presumed Benefit Activities Only (LMC) QTR b Presumed Benefit Activities Only (LMC) YTD 0 Abused Children ELI 0 Abused Children ELI 0 Homeless Person ELI 0 Homeless Person ELI 0 Migrant Farm Workers LI 0 Migrant Farm Workers LI 0 Battered Spouses LI 0 Battered Spouses LI 0 Persons w/HIV/AIDS LI 0 Persons w/HIV/AIDS LI 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults LI 0 Illiterate Adults LI 0 Severely Disabled Adults LI 0 Severely Disabled Adults LI 0 Quarter Total 0 YTD Total 8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category (the total should equal the total in question #6): Indicate the total number of UNDUPLICATED persons served since July 1 (YTD) who fall into each income category (the total should equal the total in CAO 16.D.4.p Packet Pg. 1128 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 43 question #6): a ELI Extremely Low Income (0-30%) 0 b ELI Extremely Low Income (0-30%) 0 LI Low Income (31- 50%) 0 LI Low Income 0 MOD Moderate Income (51-80%) 0 MOD Moderate Income (51-80%) 0 NON-L/M Above Moderate Income (>80%) 0 NON-L/M Above Moderate Income (>80%) 0 Quarter Total 0 YTD Total 0 9. Is this project in a Low/Mod Area (LMA)? YES NO Was project completed this quarter? YES NO If yes, complete all of this section 9. Date project completed Block Group Census Tract Total Beneficiaries Low/Mod Beneficiaries Low/Mod Percentage 0 0 0 0 0 Date LMA Narrative approved by CHS? What documentation supports project completion? (i.e., Certificate of Completion or Certificate of Occupancy, etc.) 10. Racial & Ethnic Data (if applicable) Please indicate how many UNDUPLICATED clients served this Quarter fall into each race category. In addition to each race category, please indicate how many persons in each race category consider themselves Hispanic. (Total Race column should equal the total in question 6.) Please indicate how many UNDUPLICATED clients served since July 1 (YTD) fall into each race category. In addition to each race category please indicate how many persons in each race category consider themselves Hispanic. (Total Race column should equal the total in question 6.) a. RACE ETHNICITY /HISPANIC b. RACE ETHNICITY /HISPANIC White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 American Indian/Alaska Native 0 0 American Indian/Alaska Native 0 0 Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific Islander 0 0 Black/African American & White 0 0 Black/African American & White 0 0 American Indian/Alaska Native & Black/African American 0 0 American Indian/Alaska Native & Black/African American 0 0 Other Multi-racial 0 0 Other Multi-racial 0 0 0 0 0 0 I hereby certify the above information is true and accurate. Name: Signature: Title: Your typed name here represents your electronic signature CAO 16.D.4.p Packet Pg. 1129 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 44 EXHIBIT C-1 Community Development Block Grant (CDBG) Leveraged Funds Report Leveraged Funds must be identified, tracked, and verifiable. Resources must be fully identified and described as submitted with SUBRECIPIENT’s application. Subrecipient Name: Collier County Housing Authority Report Period: Fiscal Year: Contract Number: CD22-04 Program: CDBG Contact Name: Oscar Hentschel Contact Number: 239-657-3649 Leveraged Funds See EXAMPLE below for how to complete this form. Source Amount Type Use Total Project Cost Ratio: EXAMPLE Source Amount Type Use CDBG $1,000,000 Other Federal Funds Land Acquisition HOME $870,000 Federal Funds Infrastructure Private Donation $1,200,000 Cash & In-Kind Infrastructure Philanthropic $3,500,000 Cash – local funds 52 units Affordable Housing Total Project Cost $6,570,000 Ratio: $1 Federal Dollar $2.51 Local Funds Signature Page to Follow CAO 16.D.4.p Packet Pg. 1130 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 45 I hereby certify the above information is true and accurate. Signature: Date: Printed Name: Title: Your typed name here represents your electronic signature. CAO 16.D.4.p Packet Pg. 1131 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 46 EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete this form and retain appropriate supporting documentation proving CDBG assistance to an eligible beneficiary. Please retain in your organization’s records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names – All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets B(b) 0.00 If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave blank. B(c) CAO 16.D.4.p Packet Pg. 1132 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 47 C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages / Salaries (include tips, commissions, bonuses, and overtime) Benefits / Pensions Public Assistance Other Income Asset Income (Enter the greater of box B(b) or box B(c), above, in box C(e) below) 1 2 3 4 5 6 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 0.00 0.00 Enter total of items C(a) through C(e). This amount is the Annual Anticipated Household Income. 0.00 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 Chapter 817, 18 U.S.C. § 1001 and 31 U.S.C. § 3729 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 Sections 775.082 and 775.083, Florida Statutes. 31 U.S.C. 3729 - False claims - Document in Context - USCODE-2010-title31-subtitleIII-chap37-subchapIII-sec3729 (govinfo.gov) 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 CAO 16.D.4.p Packet Pg. 1133 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 48 E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s) constitute(s) a: Extremely Low-Income (ELI) Household means and individual or family whose annual income does not exceed 30/50th of the Very Low-Income (60 percent of VLI) percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Very Low-Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Low-Income (LI) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Based on the (year) income limits for the Naples-Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Date Printed Name Title F. Household Data Number of Persons By Race / Ethnicity By Age American Indian Asian Black Native Hawaiian or Other Pac. Islander White Other 0 –25 26 –40 41 –61 62+ Hispanic Non- Hispanic NOTE: Information concerning the race or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information, and refusal to give such information will not affect any right he or she has to the CDBG program. CAO 16.D.4.p Packet Pg. 1134 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) [22-GRC-01328/1708328/2] COLLIER COUNTY HOUSING AUTHORITY CD22–04 Rental Acquisition Page 49 EXHIBIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding the organization’s compliance. In determining Federal awards expended in a fiscal year, the subrecipient must consider all sources of Federal awards, based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F – Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Subrecipient Name Collier County Housing Authority First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year (MM/DD/YY) Total Federal Financial Assistance Expended during most recently completed Fiscal Year Total State Financial Assistance Expended during most recently completed Fiscal Year $ $ Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been met, and a Single Audit as required by 2 CFR Part 200 Subpart F has been completed or will be completed by ______________. Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: Did not exceed the expenditure threshold for the fiscal year indicated above Are a for-profit organization Are exempt for other reasons – explain_________________________________ An audited financial statement is attached and if applicable, the independent auditor’s management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title 06/18 CAO 16.D.4.p Packet Pg. 1135 Attachment: Collier County Housing Authority (CCHA) Rental Acquisition (CDBG) (22337 : PY 2022 HUD Annual Action Plan) Annual Action Plan 2022 1 OMB Control No: 2506-0117 (exp. 09/30/2021) 2022 Annual Action Plan DRAFT Collier County Community and Human Services Division 3339 East Tamiami Trail Health and Public Services Building H, Room 211 Naples, Florida 34112 Annual Action Plan 2022 2 OMB Control No: 2506-0117 (exp. 09/30/2021) Table of Contents Executive Summary ............................................................................................................... 3 AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) ..................................................................3 PR-05 Lead & Responsible Agencies – 91.200(b) ..............................................................................7 AP-10 Consultation – 91.100, 91.200(b), 91.215(l) ...........................................................................8 AP-12 Participation – 91.105, 91.200(c) ......................................................................................... 23 Expected Resources ............................................................................................................. 26 AP-15 Expected Resources – 91.220(c)(1,2) ................................................................................... 26 Annual Goals and Objectives ............................................................................................... 31 AP-20 Annual Goals and Objectives .............................................................................................. 33 Projects ............................................................................................................................... 36 AP-35 Projects – 91.220(d) ............................................................................................................ 36 AP-38 Project Summary ................................................................................................................ 38 AP-50 Geographic Distribution – 91.220(f) .................................................................................... 43 Affordable Housing ............................................................................................................. 45 AP-55 Affordable Housing – 91.220(g) ........................................................................................... 45 AP-60 Public Housing – 91.220(h) .................................................................................................. 47 AP-65 Homeless and Other Special Needs Activities – 91.220(i) ..................................................... 49 AP-75 Barriers to affordable housing – 91.220(j) ........................................................................... 52 AP-85 Other Actions – 91.220(k) ................................................................................................... 53 Program Specific Requirements ........................................................................................... 57 AP-90 Program Specific Requirements – 91.220(l)(1,2,4) ................................................................ 57 Annual Action Plan 2022 3 OMB Control No: 2506-0117 (exp. 09/30/2021) Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction Collier County is an entitlement jurisdiction eligible to receive community planning and development funding from the U.S. Department of Housing and Urban Development (HUD). As such, HUD requires that the County develop a 5-Year Consolidated Plan to identify its housing and community development priorities and develop a strategy to implement HUD programs. HUD also requires that the County prepare an Annual Action Plan showing the objectives the County plans to achieve each year towards the goals established in the Consolidated Plan. This plan represents the FY 2022 Annual Action Plan and outlines goals, objectives, and projects for the second program year covered by the current Consolidated Plan. It also serves as the County’s application to HUD, requesting its allocation of Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grants (ESG) funds. Collier County’s FY 2022 grant allocations are: $2,503,752 in CDBG funds; $842,319 in HOME funds; and $221,482 in ESG funds. The goal of the community planning and development programs covered by this Annual Action Plan is to develop viable communities by providing decent and affordable housing, a suitable living environment, and expanding economic opportunities principally for people with low- and moderate-incomes. The County made funding determinations for specific projects during PY 2022 based on input from residents, non-profit and social service agencies that serve low- and moderate-income residents, municipalities including the City of Naples, and other stakeholders. 2. Summarize the objectives and outcomes identified in the Plan Collier County developed the objectives and outcomes of the 5-Year Strategic Plan based on an analysis of the data presented in the 2021-2025 Consolidated Plan and a citizen participation and stakeholder consultation process. The County identified seven (7) priority needs with associated goals to address those needs. Due to limited funds, not all the needs and goals identified in the Consolidated Plan can be addressed in each annual plan, however the County will work towards achieving each goal during the 5- Year planning period. The activities for this PY 2022 AAP will address the following priorities and goals, which are as follows: Priority Need: Housing Affordability Goal: New Construction, Rehabilitation/Acquisition Homeownership – Funds will be used to support new construction, rehabilitation, direct financial assistance, or acquisition of affordable housing for homeownership. Annual Action Plan 2022 4 OMB Control No: 2506-0117 (exp. 09/30/2021) Goal: Support New Construction, Rehab/Acquisition Rental – Funds will be used to support new construction, rehabilitation, or acquisition of affordable housing for rental housing. Goal: CHDO – Funds will be used to support new construction, rehabilitation, or acquisition of affordable housing for housing developed by a CHDO. Priority Need: Homelessness & Homelessness Prevention Goal: Emergency Housing and Services for the Homeless – Funds will be used to provide emergency shelter services and permanent housing for homeless persons. Goal: HMIS Support – Funds will be used to collect client-level data and data on the provision of housing and services to homeless individuals and families and persons at risk of homelessness. Priority Need: Public Facilities Goal: Improve Public and Other Facilities – Funds will be used to improve public infrastructure in low- income areas to include sidewalk installation, water-sewer improvements, and accessibility improvements, etc. Priority Need: Public Infrastructure Improvements Goal: Improve Public Infrastructure – Funds will be used to improve public infrastructure in low-income areas to include sidewalk installation, water-sewer improvements, and accessibility improvements, etc. Priority Need: Public Services Goal: Provide Public Services – Funds will be used to provide services to low-income persons. Priority Need: Program Administration and Planning Goal: Administration & Planning – Administration and Planning for CDBG, HOME and ESG Programs. 3. Evaluation of past performance Collier County with other public and private agencies, local nonprofits and community housing providers, have made significant contributions to provide safe, decent and affordable housing and provide a suitable living environment to residents in the County. There has been considerable progress in addressing the needs of the LMI and special needs communities. However, improvements to public facilities and infrastructure, affordable housing, homeless services and public services remain important needs for the community as the County strives to improve the quality of life for its residents. These needs are documented in the County’s current Consolidated Plan and the most recent Consolidated Annual Performance and Evaluation Report (CAPER). The CAPER provides an assessment of progress towards the 5-Year goals and the one-year goals of HUD entitlement grants CDBG, HOME and ESG. The most recent PY 2020 CAPER reports these following highlights: Annual Action Plan 2022 5 OMB Control No: 2506-0117 (exp. 09/30/2021) Public Improvements: The County made public facility improvements that benefitted 26,631 persons living in low/mod areas. These facilities include acquisition, design and engineering for a new Immokalee Fire Station, improvements at the Youth Haven homeless shelter, and River Park in the City of Naples. Public infrastructure improvements were also made that benefitted 26,805 persons living in low/mod areas. These activities included sidewalk improvements in Immokalee, and street improvements in the City of Naples as well as flood/drainage improvements. Public Services: A variety of public services were provided in PY 2020 that benefitted a total of 885 LMI individuals living in Collier County. Transportation services offered by Sunrise Communities Transportation Services assisted persons with a disability. Legal services and housing counseling services assisted LMI households. CDBG-CV funds went to support case management healthcare services to help vulnerable patients with chronic conditions to minimize the severity of COVID-19 or help to prevent contracting the virus. The County also used CDBG-CV funds to support small businesses impacted by COVID-19. Activities funded with CDBG-CV were started towards the end of the program year and accomplishments will be reported in a future report. Affordable Housing: The County assisted 10 LMI households with TBRA rental assistance through the HOME TBRA program. HOME activities are reported in the CAPER when they are completed, and there are several housing activities that are still ongoing. This includes additional LMI households assisted with TBRA assistance through the Collier County Housing Authority (CCHA) and the National Alliance for Mental Illness (NAMI) that the County anticipates reporting in the future. Other HOME activities that are open and in progress are the new Habitat for Humanity Whippoorwill Multifamily Housing Development that when completed will provide 52 new affordable for sale units and the Oak Marsh Rental Rehab project that will maintain an additional 11 affordable units. Homeless Prevention: The County addresses homelessness primarily with the help of its partners, Hunger & Homeless Coalition (HHC), NAMI and the Shelter for Abused Women & Children (SAWCC). The Shelter for Abused Women and Children operates the only domestic violence shelters in Collier County. The Shelter assisted 420 persons in the past year. CARES Act Activities In response to COVID-19, the County amended its 2019 AAP to include projects/goals. For CV public services, CDBG-CV funds went to support case management healthcare services to help vulnerable patients with chronic conditions to minimize the severity of COVID-19 or help to prevent contracting the virus. The County supported Community Health Workers assisting farm workers. The County also supported Golden Gate Senior Center and the Immokalee Fire District with fire equipment. In addition, CV funds were programmed for the Intake Center for Abused, Neglected, Abandoned and Homeless Youth in Naples. These activities were started towards the end of the program year and have not yet reported accomplishments. For CV small business stabilization, the County used CDBG-CV funds to support small businesses impacted by COVID-19 with loans and grant assistance. As with CV public services, these activities were also started towards the end of the program year and have not yet reported Annual Action Plan 2022 6 OMB Control No: 2506-0117 (exp. 09/30/2021) accomplishments. 4. Summary of Citizen Participation Process and consultation process Citizen participation and community stakeholder consultation plays a vital part in the development of Collier County’s planning and development of the Annual Action Plan. The County encourages participation from the citizens it serves, in particular LMI and special needs communities, which are the primary targets of HUD funded programs. The County also continues to remain engaged and works with key non-profit organizations that serve these groups. The citizen participation process follows the County’s HUD approved Citizen Participation Plan, which is designed to encourage all citizens, including persons of lower income, non-English speaking residents, and those with disabilities to participate in the County’s planning and development of plans and reports. Outreach efforts are provided below for the development of the PY 2022 AAP: - A public hearing will be held on June 10, 2022 at 9:00 AM to review the draft AAP. - A public comment period is scheduled to begin on Monday, May 23, 2022 to Tuesday, June 22, 2022 to give citizens an opportunity to review and make comments on the draft AAP. - A second public hearing will be held on Tuesday, June 28, 2022 at 9:00 AM at the Board of County Commissioners meeting to review and discuss the draft AAP. A list of efforts to gather public feedback is displayed in the AP-12 Citizen Participation. 5. Summary of public comments For more details see the citizen participation attachment in the AD-26. A summary of public comments can also be viewed in AP-12 Participation. 6. Summary of comments or views not accepted and the reasons for not accepting them All comments and responses from the public were accepted and considered. There were no agencies or organization types that were intentionally not consulted. 7. Summary The PY 2022 AAP is the second year of the 2021-2025 Consolidated Plan. The activities funded in this AAP address the needs of the community and further builds on the accomplishments of the goals established in the 5-Year Strategic Plan. Annual Action Plan 2022 7 OMB Control No: 2506-0117 (exp. 09/30/2021) PR-05 Lead & Responsible Agencies – 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency CDBG Administrator COLLIER COUNTY Community & Human Services Division HOME Administrator COLLIER COUNTY Community & Human Services Division ESG Administrator COLLIER COUNTY Community & Human Services Division Table 1 – Responsible Agencies Narrative (optional) The Collier County Community & Human Services Division is the lead agency responsible for the development and administration of the PY 2022 Action Plan, which is the second planning year of the 2021-2025 Consolidated Plan. The Division administers Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grants (ESG) funds received from the U.S. Department of Housing and Urban Development (HUD), and coordinates execution of projects related to the priorities and goals identified in the Consolidated Plan. Consolidated Plan Public Contact Information Kristi Sonntag, Director Community and Human Services Division 3339 East Tamiami Trail Health and Public Services Building H, Room 213 Naples, Florida 34112 Phone: (239) 252-2486 Fax: (239) 252-2638 Email: Kristi.Sonntag@colliercountyfl.gov Website: http://www.colliergov.net/your-government/divisions-a-e/community-and-human-services Annual Action Plan 2022 8 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-10 Consultation – 91.100, 91.200(b), 91.215(l) 1. Introduction Collier County’s PY 2022 AAP is based off the housing and community development needs identified in its 2021-2025 Consolidated Plan, which involved a robust citizen participation and stakeholder consultation process. Collier County conducted significant consultation with citizens, municipal officials, non-profit agencies, public housing agencies, governmental agencies, and the Continuum of Care in preparing this Plan. Further, focus groups and interviews took place with local community stakeholders and online surveys for the community and agencies were conducted to gather feedback to identify priority needs. The Affordable Housing Advisory Committee (AHAC) provided input and feedback during several meetings on current housing and community development conditions, needs, and strategies. For PY 2022, the County continued to be engaged with local stakeholder organizations in preparing this plan. The County held a public meeting and provided technical assistance to solicit input on potential projects for funding to ensure that all potential applicants for its grant funding application process were fully versed in the requirements and expectations for the funds. All potential applicants helped to describe the needs of the community through their application and at the meetings. Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)) During the development of the Consolidated Plan, the County sought to encourage a high level of public communication and agency consultation in an effort to demonstrate its commitment to identifying priority needs and engaging the participation of citizens, public agencies, and nonprofit organizations in a positive and collaborative manner. A list of stakeholders and affordable housing providers was developed and included public agencies and private nonprofit organizations whose missions included the provision of affordable housing and human services to LMI households and persons. These stakeholders were invited to participate in needs assessment meetings held for the purpose of developing the Consolidated Plan. The list of stakeholders is included in the Citizen Participation Comments section. The collaboration and consultation of local housing and community service providers helped to form the Strategic Plan of the 5-Year Consolidated Plan. Contracts awarded from HUD funds must address one of the identified needs and the associated goals of the Consolidated Plan. Collier County recognizes the importance of public services for people with mental health and substance abuse needs, and the related importance of coordination between public and assisted housing providers and health, mental health, and service agencies and these organizations are invited to participate in the consultation process as well as apply for housing and community develop grants. Annual Action Plan 2022 9 OMB Control No: 2506-0117 (exp. 09/30/2021) In addition to enhancing coordination through the use of HUD funds, Collier County encourages dialogue and collaboration between housing and service agencies through the Collier County Hunger & Homeless Coalition, which serves as the lead agency for the County’s Continuum of Care. The Hunger & Homeless Coalition holds regular meetings in Naples, and members include more than 60 public and private agencies within the region. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. Collier County staff attends bi-monthly meetings with the Hunger & Homeless Coalition of Collier County as well as area service providers to enhance the community’s comprehensive Continuum of Care (CoC) system to end homelessness. This dynamic partnership includes collaborative efforts of a variety of community groups, government agencies. The Hunger & Homeless Coalition of Collier County serves as the Lead Agency and has been designated by the CoC as the Collaborative Applicant to apply for the HUD CoC grant on behalf of the CoC. The County enhances coordination of public, private, and nonprofit housing providers, human service agencies, and social service providers through the following actions: • Continues to work with other jurisdictions and the Collier County Housing Authority to prioritize housing needs, provide services, and maximize the use of federal, state, and local funds for affordable housing, community development, and related services. • Continues to participate in coordinated efforts for shelter and services assisting homeless individuals and families. • County staff participates in many of the committees that provide direction for the 10-year plan to end homelessness. Describe consultation with the Continuum(s) of Care that serves the jurisdiction’s area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The Hunger & Homeless Coalition of Collier County serves as the lead agency for the Collier County CoC. Members of the Continuum provided input during stakeholder interviews and in the project selection process. The CoC is responsible for designating a Homeless Management Information System (HMIS) and a Lead Agency responsible for its management and has primary responsibility for ensuring that HMIS is fully funded with appropriate policies and procedures. HMIS is a locally-administered data system used to record and analyze client, service, and housing data for individuals and families who are homeless or at risk of homelessness, and the information system designated by a local CoC to comply with the requirements of the CoC Program interim rule 24 CFR 578. The CoC also works closely Collier County (ESG recipient) to allocate funds and monitor outcomes, and is a member of the application selection committee. Annual Action Plan 2022 10 OMB Control No: 2506-0117 (exp. 09/30/2021) 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities Annual Action Plan 2022 11 OMB Control No: 2506-0117 (exp. 09/30/2021) Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Boys & Girls Club of Collier County Agency/Group/Organization Type Services-Children What section of the Plan was addressed by Consultation? Non-Housing Community Development Needs How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted through a virtual Needs Assessment Meeting 2 Agency/Group/Organization Children’s Advocacy Center of Collier County Agency/Group/Organization Type Services-Children What section of the Plan was addressed by Consultation? Non-Housing Community Development Needs How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted through a virtual Needs Assessment Meeting 3 Agency/Group/Organization COLLIER COUNTY HOUSING AUTHORITY Agency/Group/Organization Type PHA What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted through a virtual Needs Assessment Meeting 4 Agency/Group/Organization Collier County Hunger and Homeless Coalition Agency/Group/Organization Type Services-homeless What section of the Plan was addressed by Consultation? Non-Housing Community Development Needs How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted through a virtual Needs Assessment Meeting 5 Agency/Group/Organization Collier Resource Center, Inc. Agency/Group/Organization Type Supportive Services Annual Action Plan 2022 12 OMB Control No: 2506-0117 (exp. 09/30/2021) What section of the Plan was addressed by Consultation? Non-Housing Community Development Needs How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted through a virtual Needs Assessment Meeting. 6 Agency/Group/Organization Collier Resource Agency/Group/Organization Type Senior Services What section of the Plan was addressed by Consultation? Non-Housing Community Development Needs How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted through a virtual Needs Assessment Meeting 7 Agency/Group/Organization David Lawrence Centers for Behavioral Health Agency/Group/Organization Type Special Needs Services What section of the Plan was addressed by Consultation? Non-Housing Community Development Needs How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted through a virtual Needs Assessment Meeting 8 Agency/Group/Organization Drug Free Collier Agency/Group/Organization Type Special Needs Services What section of the Plan was addressed by Consultation? Non-Housing Community Development Needs How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted through a virtual Needs Assessment Meeting 9 Agency/Group/Organization Empty Bowls Naples, Inc Agency/Group/Organization Type Supportive Services What section of the Plan was addressed by Consultation? Non-Housing Community Development Needs Annual Action Plan 2022 13 OMB Control No: 2506-0117 (exp. 09/30/2021) How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted through a virtual Needs Assessment Meeting 10 Agency/Group/Organization GRACE PLACE FOR CHILDREN AND FAMILIES, INC. Agency/Group/Organization Type Services-Children What section of the Plan was addressed by Consultation? Non-Housing Community Development Needs How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted through a virtual Needs Assessment Meeting 11 Agency/Group/Organization HABITAT FOR HUMANITY OF COLLIER COUNTY Agency/Group/Organization Type Housing Community Development Financial Institution What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted through a virtual Needs Assessment Meeting 12 Agency/Group/Organization Harry Chapin Food Bank of Southwest Florida Agency/Group/Organization Type Community Services What section of the Plan was addressed by Consultation? Non-Housing Community Development Needs How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted through a virtual Needs Assessment Meeting 13 Agency/Group/Organization Hope for Families Ministry Agency/Group/Organization Type Community Services What section of the Plan was addressed by Consultation? Non-Housing Community Development Needs Annual Action Plan 2022 14 OMB Control No: 2506-0117 (exp. 09/30/2021) How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted through a virtual Needs Assessment Meeting 14 Agency/Group/Organization IMMOKALEE CRA Agency/Group/Organization Type Housing Neighborhood Organization What section of the Plan was addressed by Consultation? Non-Housing Community Development Needs How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted through a virtual Needs Assessment Meeting 15 Agency/Group/Organization LEGAL AID SERVICE OF COLLIER COUNTY Agency/Group/Organization Type Legal Services What section of the Plan was addressed by Consultation? Non-Housing Community Development Needs How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted through a virtual Needs Assessment Meeting 16 Agency/Group/Organization Lighthouse of Collier Agency/Group/Organization Type Special Needs Services What section of the Plan was addressed by Consultation? Non-Housing Community Development Needs How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted through a virtual Needs Assessment Meeting 17 Agency/Group/Organization Meals of Hope Agency/Group/Organization Type Supportive Services What section of the Plan was addressed by Consultation? Non-Housing Community Development Needs Annual Action Plan 2022 15 OMB Control No: 2506-0117 (exp. 09/30/2021) How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted through a virtual Needs Assessment Meeting 18 Agency/Group/Organization NAMI Collier County Agency/Group/Organization Type Supportive Services What section of the Plan was addressed by Consultation? Non-Housing Community Development Needs How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted through a virtual Needs Assessment Meeting 19 Agency/Group/Organization Naples Senior Center at JFCS Agency/Group/Organization Type Senior Services What section of the Plan was addressed by Consultation? Non-Housing Community Development Needs How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted through a virtual Needs Assessment Meeting 20 Agency/Group/Organization Our Daily Bread Food Pantry Incorporated Agency/Group/Organization Type Community Services What section of the Plan was addressed by Consultation? Non-Housing Community Development Needs. How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted through a virtual Needs Assessment Meeting 21 Agency/Group/Organization Residential Options of Florida (ROOF) Agency/Group/Organization Type Services-homeless What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs – Chronically homeless Homeless Needs Assessment Annual Action Plan 2022 16 OMB Control No: 2506-0117 (exp. 09/30/2021) How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted through a virtual Needs Assessment Meeting 22 Agency/Group/Organization St. Matthews House Agency/Group/Organization Type Services-homeless What section of the Plan was addressed by Consultation? Homeless Needs – Chronically homeless How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted through a virtual Needs Assessment Meeting 23 Agency/Group/Organization St. Vincent de Paul Society, Naples Agency/Group/Organization Type Community Services What section of the Plan was addressed by Consultation? Non-Housing Community Development Needs How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted through a virtual Needs Assessment Meeting 24 Agency/Group/Organization STARability Foundation Agency/Group/Organization Type Special Needs Services What section of the Plan was addressed by Consultation? Non-Housing Community Development Needs How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted through a virtual Needs Assessment Meeting 25 Agency/Group/Organization The Immokalee Foundation Agency/Group/Organization Type Supportive Services What section of the Plan was addressed by Consultation? Non-Housing Community Development Needs Annual Action Plan 2022 17 OMB Control No: 2506-0117 (exp. 09/30/2021) How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted through a virtual Needs Assessment Meeting 26 Agency/Group/Organization The Salvation Army Naples Agency/Group/Organization Type Community Services What section of the Plan was addressed by Consultation? Non-Housing Community Development Needs How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted through a virtual Needs Assessment Meeting 27 Agency/Group/Organization The Shelter for Abused Women & Children Agency/Group/Organization Type Services-Victims of Domestic Violence What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Housing Community Development Needs How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted through a virtual Needs Assessment Meeting 28 Agency/Group/Organization United Way of Collier and the Keys Agency/Group/Organization Type Supportive Services What section of the Plan was addressed by Consultation? Non-Housing Community Development Needs How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted through a virtual Needs Assessment Meeting 29 Agency/Group/Organization Wounded Warriors of Collier Agency/Group/Organization Type Veteran Services What section of the Plan was addressed by Consultation? Non-Housing Community Development Needs Annual Action Plan 2022 18 OMB Control No: 2506-0117 (exp. 09/30/2021) How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted through a virtual Needs Assessment Meeting 30 Agency/Group/Organization Youth Haven, Inc. Agency/Group/Organization Type Services-Children What section of the Plan was addressed by Consultation? Non-Housing Community Development Needs How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted through a virtual Needs Assessment Meeting 31 Agency/Group/Organization Golden Gate Housing Agency/Group/Organization Type Services-Housing What section of the Plan was addressed by Consultation? Housing Needs Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? This organization applied for a grant and helped to determine the community development needs in the County. 32 Agency/Group/Organization Casa Amigos Agency/Group/Organization Type Services-Housing What section of the Plan was addressed by Consultation? Housing Needs Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? This organization applied for a grant and helped to determine the community development needs in the County. 33 Agency/Group/Organization National Development of America, Inc. Agency/Group/Organization Type Housing Developer What section of the Plan was addressed by Consultation? Housing Needs Assessment Annual Action Plan 2022 19 OMB Control No: 2506-0117 (exp. 09/30/2021) How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? This organization applied for a grant and helped to determine the community development needs in the County. 34 Agency/Group/Organization Immokalee Fair Housing Alliance Agency/Group/Organization Type Services-Fair Housing What section of the Plan was addressed by Consultation? Housing Needs Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? This organization applied for a grant and helped to determine the community development needs in the County. 35 Agency/Group/Organization McDowell Housing Partners Agency/Group/Organization Type Housing Developer What section of the Plan was addressed by Consultation? Housing Needs Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? This organization applied for a grant and helped to determine the community development needs in the County. 36 Agency/Group/Organization HELP Agency/Group/Organization Type Services-Housing What section of the Plan was addressed by Consultation? Housing Needs Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? This organization applied for a grant and helped to determine the community development needs in the County. 40 Agency/Group/Organization Plantation HOA of Collier County Inc Agency/Group/Organization Type Housing What section of the Plan was addressed by Consultation? Housing Needs Assessment Annual Action Plan 2022 20 OMB Control No: 2506-0117 (exp. 09/30/2021) How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? This organization applied for a grant and helped to determine the community development needs in the County. 37 Agency/Group/Organization Immokalee Water Sewer District Agency/Group/Organization Type Water Utility What section of the Plan was addressed by Consultation? Non-Housing Community Development Needs How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? This organization applied for a grant and helped to determine the community development needs in the County. 38 Agency/Group/Organization New Horizons of Southwest Florida Agency/Group/Organization Type Services-Children After School Program What section of the Plan was addressed by Consultation? Non-Housing Community Development Needs How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? This organization applied for a grant and helped to determine the community development needs in the County. 39 Agency/Group/Organization Christmas In July Foundation Agency/Group/Organization Type Services-Children Services-Families What section of the Plan was addressed by Consultation? Non-Housing Community Development Needs How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? This organization applied for a grant and helped to determine the community development needs in the County. 40 Agency/Group/Organization Golisano Children’s Museum of Naples Agency/Group/Organization Type Services-Children Services-Families What section of the Plan was addressed by Consultation? Non-Housing Community Development Needs Annual Action Plan 2022 21 OMB Control No: 2506-0117 (exp. 09/30/2021) How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? This organization applied for a grant and helped to determine the community development needs in the County. 41 Agency/Group/Organization Beverly’s Angels Agency/Group/Organization Type Services-Children What section of the Plan was addressed by Consultation? Non-Housing Community Development Needs How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? This organization applied for a grant and helped to determine the community development needs in the County. 42 Agency/Group/Organization Junior Achievement of Southwest Florida Agency/Group/Organization Type Services-Children Services-Education Services-Job Training What section of the Plan was addressed by Consultation? Non-Housing Community Development Needs How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? This organization applied for a grant and helped to determine the community development needs in the County. 43 Agency/Group/Organization HOPE House Naples Agency/Group/Organization Type Services-Housing Services-Homeless What section of the Plan was addressed by Consultation? Housing Needs Assessment Homeless Needs Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination? This organization applied for a grant and helped to determine the community development needs in the County. Identify any Agency Types not consulted and provide rationale for not consulting All entities were considered for consultation. Annual Action Plan 2022 22 OMB Control No: 2506-0117 (exp. 09/30/2021) Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Hunger & Homeless Coalition of Collier County Affordable housing, services, and economic development 10 Yr Plan to Prevent Hunger and End Homelessness Hunger & Homeless Coalition of Collier County The Strategic Plan’s goals to address homelessness align with Continuum of Care’s goals and strategies. Analysis of Impediments to Fair Housing Choice, 20 Collier County Barriers to affordable housing opportunities from the Analysis of Impediments were included in this Consolidated Plan. Collier County MHSA Strategic Plan 2019 Collier County The MHSA, adopted in 2019, coordinates assistance for those with mental health and substance abuse in the area. Urban Land Institute Advisory Services Report Collier County The ULI Report defines how the county will expand affordable housing. Table 3 – Other local / regional / federal planning efforts Narrative (optional) In accordance with 24 CFR 91.100(4), the County notified adjacent units of local government of the non- housing community development needs included in its Consolidated Plan. The County will continue to interact with public entities at all levels to ensure coordination and cooperation in the implementation of the Consolidated Plan and thereby maximizing the benefits of the County’s housing and community development activities for the residents being served. Coordination with private industry, businesses, developers, and social service agencies included Individual consultations were conducted with affordable housing developers and the social service agencies. The input received during these consultations informed the development of priority needs and recommended strategies. For example, through consultations with developers, it was determined that there remains insufficient access to affordable housing. Likewise, developers have a difficult time finding developable land for affordable housing. The Collier County staff that coordinated the development of the Plan used the Citizen Participation Plan as a guide for consultations. Consultations were conducted with public and nonprofit organizations. There were also several public advisory committees that were consulted. Input received from the consultations informed the Plan. Annual Action Plan 2022 23 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-12 Participation – 91.105, 91.200© 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting Collier County considers citizen participation a critical component of its planning processes and closely followed the requirements of its Citizen Participation Plan to conduct a robust engagement process during development of this Annual Action Plan (AAP). Collier County residents were offered multiple opportunities, as detailed in the table below, to participate in the development of the AAP. Each meeting was publicly advertised in the Naples Daily News, the Immokalee Bulletin and on the County’s website. Included in the citizen participation process was a 30-day public comment period and a public hearing to review and discuss the contents of the plan. All participant comments were welcome and were recorded and considered. Included in Collier County’s outreach were technical assistance meetings to be sure any organization interested in applying for HUD grant funds understood the process and expectations going forward. In the meetings, staff reviewed the application process, the County’s priorities, eligible activities and projects, national objective achievements, contract development, project implementation phases of the projects, and monitoring parameters. Grant TA Meetings were held between January 19, 2022 to January 21, 2022. Grant applicants held presentations about their programs on March 10 & 11, 2022. Citizen outreach efforts are provided below for the development of the PY 2022 AAP: - A public hearing will be held on June 10, 2022 at 9:00 AM to review the draft AAP. - A public comment period is scheduled to begin on Wednesday, May 25, 2022 to Tuesday, June 24, 2022 to give citizens an opportunity to review and make comments on the draft AAP. - A second public hearing will be held on Tuesday, June 28, 2022 at 9:00 AM at the Board of County Commissioners (BCC) meeting to review and discuss the draft AAP. Annual Action Plan 2022 24 OMB Control No: 2506-0117 (exp. 09/30/2021) Citizen Participation Outreach Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL 1 Grant TA Meetings Non-targeted/broad community HUD Grant Applicants; Housing and Service Providers Grant TA Meetings were held between January 19, 2022 to January 21, 2022. N/A N/A N/A 2 Presentations by Grant applicants Non-targeted/broad community HUD Grant Applicants; Housing and Service Providers R/R Committee Presentations (Services) on March 10, 2022. 13 organizations attended N/A N/A N/A 3 Presentations by Grant applicants Non-targeted/broad community HUD Grant Applicants; Housing and Service Providers R/R Committee Presentations (Capital Projects) on March 11, 2022. 16 organizations attended N/A N/A N/A 4 Public Hearing Non-targeted/broad community Affordable Housing Advisory Committee (AHAC) meeting; Housing Advocates A public hearing will be held on June 10, 2022 at 9:00 AM Health and Public Services Building H, Room 214. All comments are welcome. All comments are welcome. N/A Annual Action Plan 2022 25 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL 5 Public Comment Period Non-targeted/broad community A public comment period is scheduled to begin on Friday, May 25, 2022 to Tuesday, June , 2022 to give citizens an opportunity to review and make comments on the draft AAP. All comments are welcome. All comments are welcome. N/A 6 Public Hearing Non-targeted/broad community Collier County Board of County Commissioners (BCC) The BCC will vote to approve the AAP on June 28, 2022 at 9:00 AM. All comments are welcome. All comments are welcome. N/A Table 4 – Citizen Participation Outreach Annual Action Plan 2022 26 OMB Control No: 2506-0117 (exp. 09/30/2021) Expected Resources AP-15 Expected Resources – 91.220(c)(1,2) Introduction Entitlement grant resources totaling $5,859,378.76 are anticipated for the PY 2022 to meet underserved needs, foster decent affordable housing, develop institutional structure, and enhance coordination between public and private housing and social service agencies. Along with the County’s PY 2022 annual CDBG, HOME, and ESG allocations, this figure includes $775,175.13 and $1,456,079.63 in prior year CDBG and HOME funds, respectively, that will be reprogrammed for use this year. Additionally, this figure includes an estimated $29,000 in CDBG program income and $31,571 in HOME program income. Prior year resources for HOME include $500,000 in funds previously identified to support the Casa San Juan Diego support of new rental housing activity, $50,000 in Tenant Based Rental Assistance (TBRA) programs through Residential Options of Florida (ROOF) and $872,403 that went to support a scattered site acquisition project with Habitat for Humanity to support new construction homeownership development. Additional funds include a $30,000 reduction in an original $100,000 award to Collier County Hunger & Homeless Coalition to TBRA program and other activities that were completed under budget. Prior year resources for CDBG include, but are not limited to, approximately $133,000 and $330,000 from PY 2020 for a sidewalk improvement at Peters Avenue and surplus Planning and Administration dollars, respectively. The balance of prior year resources are from other projects and activities completed under budget. Additional resources available to Collier County in this program year include State Housing Initiatives Partnership (SHIP) funding of approximately $3,678,139 which is used for a wide range of rental housing and homeownership assistance. This AAP is the second year of the Consolidated Plan planning period. On May 13, 2022, HUD released allocations and the County expects the Annual Action Plan 2022 27 OMB Control No: 2506-0117 (exp. 09/30/2021) remainder of the Consolidated Planning period CDBG, HOME and ESG allocation funds to remain approximately the same. Anticipated Resources Progra m Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ CDBG public - federa l Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 2,503,752 29,000 775,175 3,307,927 7,511,256 The CDBG program does not require a match from non-federal sources however, the program provides a portion of the funding needed for the activities to be undertaken and will leverage resources from other sources including private, state, and local funds. The expected amount available for the remainder of the ConPlan is 3x more years of the expected grant allocation and program income. Annual Action Plan 2022 28 OMB Control No: 2506-0117 (exp. 09/30/2021) Progra m Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ HOME public - federa l Acquisition Homebuyer assistance Homeowner rehab Multifamily rental new construction Multifamily rental rehab New construction for ownership TBRA 842,319 31,571 1,456,080 2,329,970 2,526,957 The HOME program will leverage additional resources from private, state, and local funds in fulfillment ’f the program's requirement for a 25% matching contribution from non- federal sources. The expected amount available for the remainder of the ConPlan is 3x more years of the expected grant allocation and program income– ESG public - federa l Conversion and rehab for transitional housing Financial Assistance Overnight shelter Rapid re-housing (rental assistance) Rental Assistance Services Transitional housing 221,482 0 0 221,482 664,446 The ESG program requires a 100% matching contribution that will come from subrecipients through cash or non-cash contributions. The expected amount available for the remainder of the ConPlan is 3x more years of the expected grant allocation. Table Error! Bookmark not defined. - Expected Resources – Priority Table Annual Action Plan 2022 29 OMB Control No: 2506-0117 (exp. 09/30/2021) Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Collier County utilizes federal HUD funds to leverage a combination of public and private funding to conduct activities identified in this plan. The County will continue to research opportunities to apply for additional funding streams that are consistent with the goals of the Consolidated Plan. Infrastructure improvement projects capitalize on the ongoing revitalization efforts in the Immokalee CRA. These areas were designated by the Collier County Board of Commissioners to boost the local economy and uplift surrounding communities. Additionally, the County works with several nonprofit organizations by granting funding for facility improvements and services. These grant funds are leveraged by private donations and other resources to provide services to clients or residents of Collier County. The HOME program requires a 25% match of the total amount of funds drawn down during the federal fiscal year. Collier County HOME subrecipients are required to submit a match log that identifies the sources of match funds for each fiscal year. Match funds can be derived from various sources to include: the value of sponsorships from local businesses; waived County fees; donated land or improvements; volunteer hours; donated materials; or by other eligible methods as provided in the HOME regulations. When necessary, the County also uses its SHIP funding to match HOME funds. Historically, match amounts for HOME subrecipients have far exceeded the 25% annual contribution requirements stipulated by HOME program regulations. The ESG program requires a 100% match for the total amount of funds drawn down during the federal fiscal year. Collier County requires all ESG subrecipients to provide a dollar-for-dollar match. Acceptable match can be from calculating the value of volunteer hours, private donations, salary not covered by ESG, other grant funding, in-kind donations, or by other eligible methods as provided in the ESG regulations. The County also provides match support for the ESG program from general funds. Annual Action Plan 2022 30 OMB Control No: 2506-0117 (exp. 09/30/2021) If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The County has a history of utilizing public property for affordable housing. The County is continually looking at what it has for what can be utilized for affordable housing development, as well as land owned by other public agencies, to determine whether certain properties are well suited for affordable housing. Currently one property is under development for low-income affordable housing in the County. The project at the Bembridge property is currently under development with anticipated completion date of January 2023. The Harmony, as it is called by McDowell Housing Partners, LLC, the developer of the project will provide 82 units of family housing with 100% of the units being rent and income restricted at 80% of the area median income and below. Another parcel of property currently undergoing redevelopment known as the Golden Gate Golf Course project, will feature two phases of housing with a minimum of 350 units of affordable housing. Similar to the project described above, the County will retain ownership of the land and enter into a long-term ground lease with the developer of the property to ensure affordability for 99 years. Commencement of construction for the first phase is currently estimated for 1st Quarter of 2023. The Collier County Board of Commissioners is currently undertaking efforts to identify other county owned land that may be considered for future affordable housing development. Annual Action Plan 2022 31 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 New Construction, Rehabilitation/Acq Homeownership 2021 2025 Affordable Housing Countywide Housing Affordability HOME: $1,872,403 $243,830 (unallocated) Direct Financial Assistance to Homebuyers: 30 Households Assisted Homeowner Housing Added 25 Household Housing Unit 2 CHDO 2021 2025 Affordable Housing Countywide Housing Affordability HOME: $126,348 Rental units constructed: 4 Household Housing Unit 3 Emergency Housing and Services for the Homeless 2021 2025 Homeless Countywide Homelessness & Homelessness Prevention ESG: $130,677 + $23,108 (unallocated) Homeless Person Overnight Shelter: 300 Persons Assisted 4 HMIS Support 2021 2025 Homeless Countywide Homelessness & Homelessness Prevention ESG: $51,085 Other: 1 Other 5 Support New Construction, Rehab/Acquisition Rental 2021 2025 Affordable Housing Countywide Housing Affordability CDBG: $1,530,000 Rental units rehabilitated: 35 Household Housing Unit (includes 4 units acquired). 6 Improve Public and Other Facilities 2021 2025 Non-Housing Community Development Countywide Public Facilities CDBG: $587,206 $58,609 (unallocated) Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 25000 Persons Assisted 7 Improve Public Infrastructure 2021 2025 Non-Housing Community Development Countywide Public Infrastructure Improvements CDBG: $250,000 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 2500 Persons Assisted Annual Action Plan 2022 32 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 8 Provide Public Services 2021 2025 Non-Housing Community Development Countywide Public Services CDBG: $375,562 Public service activities other than Low/Moderate Income Housing Benefit: 300 Persons Assisted 9 Administration & Planning 2021 2025 Administration Countywide Program Administration and Planning CDBG: $506,550 HOME: $87,388 ESG: $16,611 Other: 3 Other Annual Action Plan 2022 33 OMB Control No: 2506-0117 (exp. 09/30/2021) Annual Goals and Objectives AP-20 Annual Goals and Objectives Goals Summary Information Table 5 – Goals Summary Annual Action Plan 2022 34 OMB Control No: 2506-0117 (exp. 09/30/2021) Goal Descriptions 1 Goal Name New Construction, Rehabilitation/Acq Homeownership Goal Description Funds will be used to support new construction, rehabilitation, direct financial assistance, or acquisition of affordable housing for homeownership. 2 Goal Name CHDO Goal Description Funds will be used to support new construction, rehabilitation, or acquisition of affordable housing for housing developed by a CHDO. 3 Goal Name Emergency Housing and Services for the Homeless Goal Description Funds will be used to provide emergency shelter services and permanent housing for homeless persons. 4 Goal Name HMIS Support Goal Description Funds will be used to collect client-level data and data on the provision of housing and services to homeless individuals and families and persons at risk of homelessness. 5 Goal Name Support New Construction, Rehab/Acquisition Rental Goal Description Funds will be used to support new construction, rehabilitation, or acquisition of affordable housing for rental housing. 6 Goal Name Improve Public and Other Facilities Goal Description Funds will be used to improve public facilities in low-income areas and include improvements to neighborhood facilities, community centers, and parks/recreational facilities. 7 Goal Name Improve Public Infrastructure Goal Description Funds will be used to improve public infrastructure in low-income areas to include sidewalk installation, water-sewer improvements, and accessibility improvements, etc. 8 Goal Name Provide Public Services Goal Description Funds will be used to provide services to low-income persons. Annual Action Plan 2022 35 OMB Control No: 2506-0117 (exp. 09/30/2021) 9 Goal Name Administration & Planning Goal Description Administration and Planning for CDBG, HOME and ESG Programs Annual Action Plan 2022 36 OMB Control No: 2506-0117 (exp. 09/30/2021) Projects AP-35 Projects – 91.220(d) Introduction For PY 2022, Collier County will fund a total of 7 projects under the CDBG, HOME, and ESG programs, identified below with additional details provided in Section AP-38. CDBG projects include public services, public facility, and public infrastructure improvements. CDBG has a grant cap of 20% for administration and 15% for public services. Under the HOME program, the County will fund housing construction, CHDO operations, acquisition, home buyer and/or rehabilitation of affordable housing and a tenant-based rental assistance program. HOME has a grant cap of 10% for administration and 15% reserved for CHDO activities. ESG activities include emergency shelter operations support, rapid re-housing, HMIS system support, and administration which has a grant cap of 7.5%. Projects # Project Name 1 CDBG: Administration & Planning 2 CDBG: Public Services 3 CDBG: Public Facilities & Infrastructure 4 HOME: Administration & Planning 5 HOME: CHDO Set-Aside 15% 6 HOME: DPA 7 HOME: Housing Construction 8 ESG22 Collier County Homeless Programs Table 6 - Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs The County has pursued a variety of strategies to impact the identified needs of the community. The primary obstacle to meeting the underserved needs is the lack of sufficient financial resources. Annually several proposals may be unfunded or receive only partial funding due to lack of available resources. Allocation priorities for the PY 2022 Action Plan are consistent with those outlined in the Strategic Plan portion of the County’s 2021-2025 Consolidated Plan. The priorities were identified through a review of market conditions as well as a needs assessment that analyzed affordable housing, special need housing, homeless, and non-housing community development needs in Collier County. Substantial participation by residents, local and regional organizations, and other stakeholders also informed these priorities. The Needs Assessment conducted as part of the Consolidated Planning process identified affordable for- Annual Action Plan 2022 37 OMB Control No: 2506-0117 (exp. 09/30/2021) sale and rental housing as a top need in Collier County. Housing affordability was the most common issue identified by interviewees and community meeting participants throughout the county, including in Naples and Immokalee. Further, according to Comprehensive Housing Affordability Strategy (CHAS) data, about 19% of all households in the county spend more than 30% of their income on housing. For LMI households, about 75% of renters and 65% of owners spend over 30% of income on housing. The County made its funding decisions for this AAP based on need, geographic priorities, and opportunities to work with subrecipients and other partners that contribute additional resources to leverage federal funds. As mentioned above, the primary obstacle to addressing underserved needs is the shortage of financial resources to address Collier County’s priorities. In the event of natural disasters, pandemics, and other worldwide crisis events (natural or manmade), the County may substantially amend the projects in this Plan to meet the immediate needs of the community. It is the responsibility of the County to plan ahead and be disaster prepared. For example, in the event of hurricanes the County may reprioritize from normal activities to focus on infrastructure and facilities improvements, or increase public services, where allowable, in the case of a pandemic or other natural disaster. Under the State SHIP program, the County has an existing Disaster Assistance Strategy that goes into effect when a disaster declaration has been declared by the President or the Governor. Collier County will also take advantage of federal waivers that may be issued in the event of declared disasters. Annual Action Plan 2022 38 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-38 Project Summary Project Summary Information 1 Project Name CDBG: Administration & Planning Target Area Countywide Goals Supported Administration & Planning Provide Public Services Improve Public and Other Facilities Improve Public Infrastructure Needs Addressed Program Administration and Planning Public Services Public Facilities Public Infrastructure Improvements Funding CDBG: $506,550 Description The management and oversight of the CDBG Program by the Collier County Division of Community and Human Services. Fair housing activities. All allowable and eligible administrative activities. The County will also take part in planning for disaster preparedness in the case of natural disasters, pandemics, and other crisis events. Target Date 9/30/2023 Estimate the number and type of families that will benefit from the proposed activities N/A Location Description Countywide Planned Activities CDBG Program Administration 2 Project Name CDBG: Public Services Target Area Countywide Goals Supported Provide Public Services Needs Addressed Public Services Funding CDBG: $375,562 Description Provide funding for public services that benefit LMI persons and special needs groups. Target Date 9/30/2023 Annual Action Plan 2022 39 OMB Control No: 2506-0117 (exp. 09/30/2021) Estimate the number and type of families that will benefit from the proposed activities Public service activities other than Low/Moderate Income Housing Benefit: 300 Persons Assisted Location Description Countywide, eligible Planned Activities Planned public service activities include: Youth Haven, Services/Personnel: $35,972 Boys & Girls Club of Collier County, Transportation Services: $75,000 Legal Aid - Services to Victims: $180,880 H.E.L.P. – Homebuyer Academy, $83,709.60 3 Project Name CDBG: Public Facilities & Infrastructure Target Area Countywide Goals Supported Improve Public and Other Facilities Improve Public Infrastructure Needs Addressed Public Facilities Public Infrastructure Improvements Funding CDBG: $2,425,815.13 Description The County will provide funding to improve public facilities that serve low- and moderate-income persons and the special needs population. Target Date 9/30/2023 Estimate the number and type of families that will benefit from the proposed activities Public Facility Activities: 25,000 Persons Assisted Public Infrastructure Activities: 2,500 Persons Assisted Rental units rehabilitated: 35 Household Housing Unit (includes 4 units acquired). Location Description Countywide, low/mod areas Planned Activities Planned activities include: Collier County Housing Authority (27647), HVAC Installation: $630,000 Collier County Housing Authority (27646), Dwelling Acquisition: $900,000 The Shelter for Abused Women & Children, New Roofing: $587,206 Immokalee CRA First Street Corridor Safety Improvements: $250,000 Public Improvements (unallocated): $58,609.13 Annual Action Plan 2022 40 OMB Control No: 2506-0117 (exp. 09/30/2021) 4 Project Name HOME: Administration & Planning Target Area Countywide Goals Supported Administration & Planning Needs Addressed Program Administration and Planning Funding HOME: $87,388 Description Management and oversight of the HOME Program by the Collier County Community and Human Services Division. All eligible and allowable admin activities. Target Date 9/30/2023 Estimate the number and type of families that will benefit from the proposed activities N/A Location Description Countywide Planned Activities HOME Program Administration 5 Project Name HOME: CHDO Set-Aside 15% Target Area Countywide Goals Supported CHDO Needs Addressed Housing Affordability Funding HOME: $126,348 Description The county will support CHDO housing development activities that will benefit special needs individuals. Target Date 9/30/2023 Estimate the number and type of families that will benefit from the proposed activities Rental units constructed: 4 Household Housing Unit Location Description Countywide Planned Activities Planned activities include: CHDO activities: $126,348 6 Project Name HOME: DPA Target Area Countywide Annual Action Plan 2022 41 OMB Control No: 2506-0117 (exp. 09/30/2021) Goals Supported New Construction, Rehabilitation/Acq Homeownership Needs Addressed Housing Affordability Funding HOME: $1,116,233.63 Description Housing program activities will include down-payment assistance and other housing opportunities that will benefit low- to moderate-income households. Target Date 9/30/2023 Estimate the number and type of families that will benefit from the proposed activities Direct Financial Assistance to Homebuyers: 30 Households Assisted Location Description Countywide, eligible. Planned Activities Planned activities include: Down Payment Assistance Program: $872,403 Unallocated: $243,830.78 7 Project Name HOME: Housing Construction Target Area Countywide Goals Supported New Construction, Rehabilitation/Acq Homeownership Needs Addressed Housing Affordability Funding HOME: $1,000,000 Description Housing development activities that will benefit low- to moderate- income households. Target Date 9/30/2023 Estimate the number and type of families that will benefit from the proposed activities Homeowner Housing Added 25 Household Housing Unit Location Description Countywide, eligible. Planned Activities Planned activities include: HOME affordable housing construction activities. 8 Project Name ESG22 Collier County Homeless Programs Target Area Countywide Annual Action Plan 2022 42 OMB Control No: 2506-0117 (exp. 09/30/2021) Goals Supported Emergency Housing and Services for the Homeless HMIS Support Provide Homelessness Prevention Administration & Planning Needs Addressed Homelessness & Homelessness Prevention Program Administration and Planning Funding ESG: $221,482 Description Support shelter operations and services for victims of domestic violence and homeless youth. Support HMIS. Provide rapid re-housing for homeless households or those at risk of homelessness, including medium -term rental assistance, security and utility deposits, and rental application fees. All allowable/eligible activities for admin. Target Date 9/30/2023 Estimate the number and type of families that will benefit from the proposed activities Homeless Prevention: 15 Persons Assisted Homeless Person Overnight Shelter: 300 Persons Assisted Location Description Countywide Planned Activities Planned activities include: ESG Admin: $16,611 Collier County Hunger & Homeless Coalition, HMIS: $51,085 Youth Haven, Personnel, 15 persons assisted: $30,677.60 The Shelter for Women & Children, Emergency Shelter Operations, 300 persons assisted.: $100,000 Other Homeless Prevention: $23,108.40 Annual Action Plan 2022 43 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-50 Geographic Distribution – 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed Collier County is an urban county that relies on widely accepted data such as American Community Survey (ACS), HUD low and moderate-income summary data (LMISD), and Federal Financial Institutions Examinations Council (FFIEC) data to determine areas throughout the community with concentrations of low and moderate-income communities. Program resources are allocated County-wide based on low-mod areas which often coincide with areas of minority concentration. Over the next year, the County intends to utilize CDBG, HOME, and ESG funds in unincorporated parts of the County and the City of Naples. Marco Island, an incorporated city within the County, opted out of participation in 2012. Geographic Distribution Target Area Percentage of Funds Countywide 100 Table 7 - Geographic Distribution Rationale for the priorities for allocating investments geographically Collier County targets resources in low-moderate income census block groups to meet regulatory requirements for CDBG grant funds and to target areas with the highest level of needs. Maps provided in the 2021-2025 Consolidated Plan show Collier County block groups where 51% or more of the population have incomes at or below 80% of the area median income. These areas are considered “target areas” for use of HUD grant funds for area improvements, such as public infrastructure or facility improvements. To determine these block groups the County will use HUD CDBG Low Mod Income Summary Data (LMISD), which has redefined the eligible tracts within the jurisdiction. The identified block group tracts within the County that are considered low-moderate income can be found on the HUD Exchange website at: https://www.hudexchange.info/programs/acs-low-mod-summary-data/ HUD funds may also be spent outside of these targeted areas, as long as they provide services, affordable housing, or other benefits directly for low- and moderate-income households or special needs populations. The 2017 Tax Cut and Jobs Act established the Opportunity Zone program. Opportunity zones are low- income census tracts nominated by the Governor of the state to spur private investment for economic development and job creation in the designated tracts. Collier County has five census tracts that are certified by the State as Opportunity Zones (census tracts 104.11, 108.02, 112.05, 113.01, and 114). HUD encouraged grantees to consider using their CDBG, HOME, and ESG funds for eligible activities in Opportunity Zones in CPD-19-01: Guidance on Submitting Consolidated Plans and Annual Action Plans. The County's Opportunity Zones overlap with census tracts within two of the CDBG target areas. The Annual Action Plan 2022 44 OMB Control No: 2506-0117 (exp. 09/30/2021) County anticipates funding public facility projects in these census tract target areas throughout the five year Consolidated Planning period. As the Opportunity Zone program regulations are finalized, the County will explore how the CPD funds can be used to leverage Opportunity Zone funding to these areas. Annual Action Plan 2022 45 OMB Control No: 2506-0117 (exp. 09/30/2021) Affordable Housing AP-55 Affordable Housing – 91.220(g) Introduction The need for affordable rental and homeownership housing was a common theme heard during the Consolidated Plan development process. The greatest need is among renters with very low incomes, large families, immigrant families, and residents with disabilities. Housing for people who are homeless and homelessness prevention was also identified as a priority need. To address these needs, the County will use HOME funds to support , new cnew affordable units through home ownership and provide rental rehab and development activities. Goals for the number of households to be supported in PY 2022 are provided below. Please note these are goal estimates. One Year Goals for the Number of Households to be Supported Homeless 0 Non-Homeless 90 Special-Needs 0 Total 90 Table 8 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0 The Production of New Units 55 Rehab of Existing Units 35 Acquisition of Existing Units 0 Total 90 Table 9 - One Year Goals for Affordable Housing by Support Type Discussion During PY 2022, the County anticipates supporting a total of 80 households, including: Direct Financial Assistance to Homebuyers: 30 Households Assisted Homeowner Housing Added: 25 Household Housing Unit Rental units rehabilitated: 35 Household Housing Unit (includes 4 units acquired). Though the County has not recently funded affordable housing for special needs population using CDBG and HOME, it is anticipated that the funds expended through the County’s housing programs will benefit Annual Action Plan 2022 46 OMB Control No: 2506-0117 (exp. 09/30/2021) persons with special needs because there is often an overlap between the population needing affordable housing and those who are special needs. Annual Action Plan 2022 47 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-60 Public Housing – 91.220(h) Introduction The Collier County Housing Authority (CCHA) is an independent authority established under state law, and is separate from the general control of the County. The CCHA operates no HUD-funded public housing units, and is not required by a Section 504 Voluntary Compliance Agreement to increase the number of accessible units. The CCHA manages Section 8 Housing Choice Vouchers, the low-income and farm labor housing at Farm Worker Village, farm labor housing at Collier Village, a 192-bed dormitory called Horizon Village, and some scattered site housing. Farm Worker Village is a multi-family low-income and farm labor housing development in Immokalee built under the USDA 514/516 Program. The development includes 176 total acres with 591 housing units, ranging from single-family homes to duplexes and quadraplexes. Farm Worker Village has a main office, convenience store, laundromat, community center, playground, and two daycare centers. Horizon Village offers 192 beds for unaccompanied migrants and seasonal farmworkers in dormitory-style efficiency units, each with space for 8 people, a common kitchen area with appliances, and two bathrooms. A meeting room is available to provide social and educational programs. The CCHA also administers approximately 440 Section 8 Housing Choice Vouchers. Unlike most public housing authorities, CCHA has no HUD-funded public housing units. Their primary funding is from USDA. Actions planned during the next year to address the needs to public housing The CCHA has applied for a rehabilitation grant through the Collier County Community and Human Services Division to rehab older units located at Farmworker Village. This project will provide HVAC to 35 units. In recent program years, the CCHA received a HOME grant to rehabilitate 52 units at Farm Worker village and these continue to benefit residents. The CCHA has also recently been awarded funds for the acquisition of rental property to support 4 households. Actions to encourage public housing residents to become more involved in management and participate in homeownership The CCHA sponsors and supports self-sufficiency programs focused at helping their residents improve their economic situation and quality of life. The programs, Resident Opportunities and Self-Sufficiency (ROSS) and Family Self-Sufficiency (FSS), are voluntary self-sufficiency programs that provide participating families the opportunity to identify needs, improve skill sets, and work towards life goals, economic independence, and housing self-sufficiency programs provide families with: • A plan specifically tailored to their family or individual goals including the goal for Annual Action Plan 2022 48 OMB Control No: 2506-0117 (exp. 09/30/2021) homeownership. • A link to community organizations geared towards education, job training and placement programs, computer and financial literacy, and increased self-sufficiency. • An advocate and supporter to help residents work through barriers preventing self-sufficiency. The CCHA has a Section 8 Advisory Board. Interested voucher holders are encouraged to join, which gives them a formal opportunity to offer input on the voucher program to CCHA. The Board reviews CCHA’s PHA plans and the agency’s progress toward its goals. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance The Collier County Housing Authority is not designated as troubled and is considered a high performer. Annual Action Plan 2022 49 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction Collier County has identified increasing housing options for homeless and at risk of homelessness as a strategic priority. Long-term objectives include supporting emergency housing and supportive services, and the implementation of a coordinated entry system. Collier County will utilize ESG funding for Emergency Shelter, Homelessness Prevention, Rapid Re-Housing, HMIS administration, and ESG program administration. Funding for these programs is intended to benefit homeless persons and those at risk of homelessness. Projects selected for funding are designed to help shorten the period the client experiences homelessness, improve their ability to secure stable housing, and prevent recurrent homeless episodes. Programs are designed to connect clients with the services necessary and rapidly to ensure they move from emergency shelter to transitional or permanent housing. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs Collier County funds subrecipients that administer homelessness projects under the ESG program. They work to build trusting relationships with homeless persons living on the streets and in shelters as well as at-risk populations to remain stably housed. The subrecipients perform assessments for homeless persons and those at risk of homelessness to link them to shelter and other supportive services that are appropriate to meet their needs. All subrecipients funded through Collier County ESG will participate in coordinated entry. These organizations provide emergency shelter, rental and utility assistance, food and clothing, and other homeless services to individuals, families with children, veterans, unaccompanied youth, and including persons with HIV. Collier County also participates in the Hunger & Homeless Coalition’s annual Point-in-Time (PIT) Count Survey. The PIT is a snapshot of the homeless population on any given night, typically in the last week of January each year. The survey results help to show the current state of homelessness in the County and identifies which homeless subgroups (chronic, veterans, unaccompanied youth etc.) are in need of assistance. The County also funds the Hunger & Homeless Coalition for HMIS activities, which will ultimately help the CoC better assess the needs of homeless persons in Collier County through efficient data collection. Addressing the emergency shelter and transitional housing needs of homeless persons Collier County currently awards its ESG entitlement funds to subrecipients for the operation of emergency shelters, financial assistance through rapid re-housing to become stably housed, and homeless prevention Annual Action Plan 2022 50 OMB Control No: 2506-0117 (exp. 09/30/2021) programs to serve individuals and families avoid homelessness. Some emergency shelters and homeless prevention programs are designed to focus their services to the needs of specific populations such as families, victims of domestic violence, human trafficking victims, persons being evicted, and persons with severe mental health disorders or substance abuse histories. In response to the HEARTH Act and 24 CFR part 576, Collier County, in collaboration with its subrecipients are working together to prevent homelessness by helping families remain within their communities and retain their current permanent housing or diverting people to permanent housing solutions. The first step in this process was to streamline the intake of homeless families seeking emergency shelter. The improved coordination will result in more families being diverted away from homelessness and more families exiting homelessness and being rapidly re-housed in permanent housing. Other than the funds available through this process, emergency shelter and transitional housing needs may be addressed through grant funding opportunities, such as the competitive Continuum of Care process, or through other state or local funding streams. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again Collier County will continue to administer the ESG grant funds and oversee activities that benefit homeless individuals and families make the transition from homelessness to permanent housing and an independent living situation. To address this, the County will support rapid re-housing activities that will house individuals and families quickly and provide a stable environment for them to be able to pursue employment and stable education for families with children. HUD Veterans Affairs Supportive Housing (VASH) vouchers for rental assistance which helps veterans to keep their housing affordable and prevents homelessness; and assistance through TBRA. Collier County encourages collaboration with organizations to transition as many people as possible into permanent housing as quickly as possible. Some families or individuals may require only limited assistance for a short period of time, such as emergency food and shelter -- until a first paycheck is received or a medical emergency has passed. Others, however, will require more comprehensive and long-term assistance, such as transitional housing with supportive services and job training. Due to limited resources, it is important for agencies to eliminate duplication of effort by local agencies, both in intake and assessment procedures, and in subsequent housing and supportive services. The Homeless Management Information System (HMIS) can be improved with common intake forms, shared data, effective assessment instruments and procedures, and on-going coordination of assistance among community Annual Action Plan 2022 51 OMB Control No: 2506-0117 (exp. 09/30/2021) organizations. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. Collier County and the Hunger & Homeless Coalition recognizes the need to support individuals and families avoid becoming homeless, especially those who are being discharged from publicly funded institutions and systems of care. Helping these individuals and families leaving these systems of care with housing support and prevention services immediately will help to end chronic homelessness. ESG funds will be allocated to the Shelter for Abused Women and Children for operating costs of the homeless domestic violence shelters to assist adults and children fleeing from domestic violence. A variety of services were offered including the Children’s Protection Investigations Program, the Community Education Program, Collier County Jail Group, youth services and Rapid Rehousing. More details on these programs and others offered by the agency, can be found on their website at: https://naplesshelter.org/programs/ Annual Action Plan 2022 52 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-75 Barriers to affordable housing – 91.220(j) Introduction: The inventory of affordable housing in Collier County is not sufficient to meet the demand for affordable units. One of the primary challenges to creating and preserving affordable housing in Collier County is that household income is failing to keep up with rising housing costs. The local economy is focused on retail, hospitality, services, and agriculture; however, high housing costs have priced out much of the workforce needed for the county to function. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment Collier County faces a burgeoning issue in trying to identify, quantify and qualify new and existing affordable housing units. With a wider range of housing options, Collier County would be better equipped to tackle the affordable housing problem. The effort requires comprehensive strategies and a variety of tools that can be used alone or in combination to reduce costs and increase availability. During this consolidated plan period, Collier County will continue to Review and Revise the Land Development Code which, if done well will make it easier to implement necessary changes to encourage housing affordability. The current Land Development Code (LDC) does not consistently support and encourage growth in already existing urbanized areas of the county (those areas generally west of Collier Parkway). Many of the LDC’s ordinances are geared toward large-scale, planned-unit developments (PUDs) on greenfield sites. Conversely, smaller-scale redevelopment and infill sites in already developed areas of the County are challenging to consolidate, may need to address adjacent uses and neighborhood concerns, and often require additional density to make them financially feasible. Collier County may also consider reducing parking standards to achieve affordability, permitting guest houses as accessory dwelling rental unit, encouraging smart-site infrastructure, and identify strategic opportunity sites. Annual Action Plan 2022 53 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-85 Other Actions – 91.220(k) Introduction: In addition to the programs and activities described in the prior sections of this plan, the County and its subrecipients intend to undertake a number of other actions to address housing and community development needs in Collier County. These other actions include plans to address the obstacles in meeting underserved needs; efforts to foster and maintain affordable housing; efforts to reduce the hazards of lead-based paint in housing; efforts to reduce the number of poverty-level households; and improvements to the institutional delivery structure to address any gaps or weaknesses identified in the plan. Actions planned to address obstacles to meeting underserved needs Collier County will collaborate with community leaders, stakeholders, and local nonprofit agencies to help remove obstacles to better meet the needs of the underserved population and improve service delivery. Through a coordinated effort with a variety of service providers, the County will be better able to identify needs and reduce any gaps in services. The County relies on nonprofit agencies to provide social services, disseminate news and information, and spearhead community-wide solutions to local needs. Collier County will also support the expansion of HMIS technology beyond homeless service providers as a way to link the various categories of services provided by our partner nonprofit organizations and standardize performance measures. The County will also review and analyze the work of its various departments and divisions to find opportunities for collaboration between similar programs. Program staff will also ensure that all fair housing education materials are current and compliant with the Affirmatively Furthering Fair Housing Final Rule. As limited funding is also an obstacle to meeting underserved needs, the County is continually looking for additional funding to address these needs. The County has ongoing State SHIP funds to address affordable housing, and has recently procured Criminal Justice, Mental Health, and Substance Abuse grants from the State and Drug Court funding from the Department of Justice. In PY 2022, CHS staff will continue exploring new grant opportunities using grants.gov and other sources and develop partnerships with local agencies as needed to make grant applications. Actions planned to foster and maintain affordable housing Collier County will actively work to address the need for more decent and affordable housing by continuing to prioritize the investment of funds into all its housing programs. In the interest of developing and preserving affordable housing, the County will continue to support the use of HOME program funds for activities such as: down-payment assistance, land acquisition, and single/multifamily acquisitions and Annual Action Plan 2022 54 OMB Control No: 2506-0117 (exp. 09/30/2021) rehabilitation. To promote fair housing choice, the County will encourage and support fair housing rights for all and provide program funds to conduct outreach and education regarding the Fair Housing Law act of 1968. Actions planned to reduce lead-based paint hazards Collier County will continue to implement countermeasures to reduce lead-based paint hazards by abating or removing lead-based paint hazards found in existing housing built prior to 1978. Individuals who reside in properties built prior to 1978 and receive assistance through CDBG, ESG, or HOME grant programs are required to be inspected for lead-based paint hazards. These inspections are completed by a HUD Certified Inspector in accordance with HUD and Environmental Protection Agency (EPA) guidelines. Collier County also educates the public on the hazards of lead-based paint and how to protect children and the elderly. In response to lead-based paint hazards and the limited resources available, the County has planned a steady, long-term response in accordance with Federal lead-based paint standards, other applicable federal regulations, and local property standards. Policies and procedures for abatement of lead hazards have been established in Collier County, which include determining cost effectiveness for abatement and procedures for assessing, contracting, and inspecting post-abatement work. The policies and procedures also include preparing work write-ups and costs estimates for all income eligible persons in Collier County with identified lead-based paint hazards. The County’s health department is the lead agency responsible for conducting lead screenings and identifying properties in need of rehabilitation to reduce exposure to lead-based paint. The County will continue to comply with Federal regulations related to lead-based paint, including in CCHA units. Much of Collier County’s housing stock was built between the 1980s and 2000s, and there are very few properties with lead-based paint, however the County will ensure the age of structures when assistance is provided and take any actions needed in cases where lead-based paint hazards may be present. Actions planned to reduce the number of poverty-level families Collier County will continue to increase its efforts to implement anti-poverty strategies for the citizens of Collier. The activities developed in this AAP work directly to reduce the number of poverty level families in the County. The County will strive to increase its efforts in assisting homeowners and renters with housing rehabilitation to maintain affordable housing to decrease the financial burden on low-to- moderate-income persons. The County will also make improvements to public facilities and infrastructure, not only to create suitable living areas, but to also attract further public and private investments into low/mod income areas. Finally, the public services supported by the County address specific needs identified by community residents as part of the citizen participation and consultation process. These services will help low-income individuals and families improve their quality of lives. Other actions and strategies planned that the County will employ to reduce the number of poverty-level Annual Action Plan 2022 55 OMB Control No: 2506-0117 (exp. 09/30/2021) families: 1. Support the collaborative efforts of the service providers in Collier County to attract new business and industry to Collier. 2. Support the efforts of the Chamber of Commerce to target certain segments of the economy for business development/job creation. 3. Encourage nonprofit organizations to expand housing development programs to incorporate job- training opportunities as a part of their operations. 4. Promote the use of referral services for the existing Human Service Centers which involves a partnership with many human service agencies, including job referrals. 5. Work to develop a CHDO to meet the requirements of the designation in order to develop affordable housing for low/moderate income persons. 6. Participate in the development of a regional social service collaborative to coordinate the work of social service organizations, disseminate news and information, eliminate duplication of efforts, and spearhead community-wide solutions to local needs. 7. Use enhanced accomplishment data as a criterion in the evaluation of applications for ESG funding. 8. Support any expansion of local transit service and/or for express transit service. Through the initiatives described above, and in cooperation with the agencies and nonprofit organizations noted, the County’s Community and Human Services Division will continue to assist low- and moderate- income persons of Collier County through the Consolidated Plan period. Actions planned to develop institutional structure The Collier County Community and Human Services Division (CHS) administers, plans, and manages all facets of the HUD grants for Collier County to ensure that all aspects of the grant programs perform in a concerted manner. CHS will work as the housing and community development liaison between the county, local public housing, participating cities, state agencies, and nonprofit and community-based organizations. Collier County recognizes the need to maintain a high level of coordination on projects involving other departments and/or nonprofit organizations. This collaboration guarantees an efficient use of resources with maximum output in the form of accomplishments. Collier County’s Affordable Housing Advisory Committee (AHAC) represents the most substantial partnership designed to develop institutional structure to address affordable housing challenges. AHAC is composed of representatives from the residential home building, banking/ mortgage lending, labor, low- income advocacy, social service, real estate, employer, and local planning industries. These representatives serve as an informed body of experts with unique perspectives on the local landscape of affordable housing needs and market dynamics in Collier County. Annual Action Plan 2022 56 OMB Control No: 2506-0117 (exp. 09/30/2021) Actions planned to enhance coordination between public and private housing and social service agencies The County will work to foster collaboration through dissemination of services, news, and information across social service organizations, subcontractors, and public and private entities. One way the County will accomplish this is through subrecipient meetings that bring together affordable housing developers and social service agencies. The County will encourage community-based solutions and regional partnerships and will continue to support and participate in the CoC, whose membership includes both affordable housing and social service agencies. Annual Action Plan 2022 57 OMB Control No: 2506-0117 (exp. 09/30/2021) Program Specific Requirements AP-90 Program Specific Requirements – 91.220(l)(1,2,4) Introduction: This section provides information required by regulations governing the Community Development Block Grant (CDBG) program, the HOME Investment Partnership (HOME) program, and the Emergency Solutions Grants (ESG) program. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 29,000 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float-funded activities 0 Total Program Income: 29,000 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% Annual Action Plan 2022 58 OMB Control No: 2506-0117 (exp. 09/30/2021) HOME Investment Partnerships Program (HOME) Reference 24 CFR 91.220(l)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows: Not applicable. Collier County does not anticipate using any other forms of investment beyond those identified in Section 92.205. 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: The County’s Recapture Provisions permit the original homebuyer to sell the property to any willing buyer, at any price the market will bear, during the period of affordability while the County is able to recapture all, or a portion of the HOME-assistance provided to the original homebuyer. Collier County utilizes a recapture policy in compliance of 24 CFR 92.254. The affordability period is determined based upon the amount of HOME Investment Partnerships Program funds invested into an individual project. HOME Regulations set three minimum tiers of affordability periods. When a homeowner chooses to sell or use the property for non-eligible HOME Program activities during the Period of Affordability, the full amount of the HOME Program Direct Subsidy shall be recaptured and repaid to Collier County provided that net proceeds are sufficient. If net proceeds are insufficient to repay the total HOME investment due, only the actual net proceeds will be recaptured. In the event that net proceeds are zero (as is usually the case with foreclosure), the recapture provision still applies. Recaptured funds shall be returned to the Collier County to reinvest in other affordable housing projects for low- to moderate-income persons. The County’s Resale Provisions shall ensure that, when a HOME-assisted homebuyer sells or otherwise transfers his or her property, either voluntarily or involuntarily, during the affordability period: 1) The property is sold to another low-income homebuyer who will use the property as his or her principal residence. 2) The original homebuyer receives a fair return on investment, (i.e., the homebuyer’s down payment plus capital improvements made to the house); and 3) The property is sold at a price that is “affordable for a reasonable range of low-income buyers.” The County’s Recapture and Resale Provisions are included in full in the Appendix. 3. A description of the guidelines for resale or recapture that ensures the affordability of units Annual Action Plan 2022 59 OMB Control No: 2506-0117 (exp. 09/30/2021) acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows: Development Subsidy – a development subsidy is defined as financial assistance provided by the County to offset the difference between the total cost of producing a housing unit and the fair market value of the unit. When provided independently and absent any additional subsidy that could be classified a direct subsidy, development subsidy triggers resale. Direct Subsidy – a direct subsidy is defined as financial assistance provided by the County that reduces the purchase price for a homebuyer below market value or otherwise subsidizes the homebuyer [i.e., down-payment loan, purchase financing, assistance to CHDO to develop and sell unit below market or closing cost assistance]. A direct subsidy triggers recapture. Net Proceeds – the sales price minus superior loan repayment (other than HOME funds) and any closing costs. The County’s Recapture and Resale Provisions are included in full in the Appendix. 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: Not applicable. Collier County has no plans to use HOME funds to refinance existing debt secured by multifamily housing rehabilitated with HOME funds. Annual Action Plan 2022 60 OMB Control No: 2506-0117 (exp. 09/30/2021) Emergency Solutions Grants (ESG) Reference 91.220(l)(4) 1. Include written standards for providing ESG assistance (may include as attachment) Collier County’s ESG Policy and Procedures Manual is attached as an appendix to this Plan. 2. If the Continuum of Care has established centralized or coordinated assessment system that meets HUD requirements, describe that centralized or coordinated assessment system. Coordinated Entry is a streamlined system designed to efficiently match people experiencing homelessness or those at-risk of homelessness to available housing, shelter, and services. It prioritizes those who are most in need of assistance and provides crucial information that helps the Continuum of Care strategically allocate resources. Anyone seeking homelessness or homelessness prevention services in Collier County will complete a coordinated entry assessment which is subsequently evaluated for services. 3. Identify the process for making sub-awards and describe how the ESG allocation available to private nonprofit organizations (including community and faith-based organizations). The County provides a competitive process for awarding all entitlement funding. This is widely advertised formally, via email, and at partnership meetings. A review and ranking committee reviews applications for merit and compliance. The CoC is provided an opportunity to support or not support an application. Eventually, the recommended awardees are noted in the Annual Action Plan. All public comment requirements are followed. The Annual Action Plan is presented to the Board of County Commissioners for approval, and then to HUD. The process is as follows: a) Identification of community development issues, needs, and concerns through community meetings and citizen input. b) Formulation of community development goals and preliminary strategies, i.e., staff and citizens. c) Dissemination of Grant Funds information to agencies and individuals d) Submission of Project applications; and e) Project Selection: Review of project applications by review committee ii. Present recommendations to the Board of County Commissioners, Public Hearing and Final Selection sent to HUD 4. If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR 576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with homeless or formerly homeless individuals in considering policies and funding decisions Annual Action Plan 2022 61 OMB Control No: 2506-0117 (exp. 09/30/2021) regarding facilities and services funded under ESG. Collier County meets the homeless participation requirement found in 24 CFR 576.405(a) through the Continuum of Care, which is led by the Collier County Hunger and Homeless Coalition. The CoC comments on funding applications and considers policies regarding homeless facilities and services. Other organizations representing the homeless provided input for the Consolidated Planning process, and a focus group was held at the Shelter for Abused Women and Children to gather input about housing and community development priorities. The County will continue to secure consultation with homeless or formerly homeless individuals, along with local organizations that represent and provide services to the homeless. 5. Describe performance standards for evaluating ESG. Performance standards provide a measure for Collier County to evaluate the effectiveness of each ESG service provider in the areas of: (a) Targeting those who need assistance most; (b) Reducing the number of people living on the streets or in emergency shelters; (c) Reducing the time people spend homeless; and (d) Reducing clients’ housing barriers or housing stability risks. In addition, the County evaluates the success of ESG programs by reviewing Homeless Management Information System (HMIS) data. Sub recipients are required to submit regular reports which are reviewed by staff. These reports are used to ensure ESG compliance with regulations and local written standards as well as confirming that program goals are being met. ESG programs are also subjected to “on-site monitoring.” The County has a Monitoring Group to monitor the ESG programs. This group has participated in over 100 federal grant evaluation designs, evaluation projects, and implementation of evaluation plans. The basis for monitoring is to address findings and provides recommendations for program improvements Collier County will also evaluate each ESG service provider’s performance based on the following standards: a) Subrecipients will develop and adhere to priorities for service delivery by need. b) Subrecipients will assist clients in rapid movement to permanent housing from shelters or from the street. c) Subrecipients will ensure that clients have easy access to services. d) Subrecipients will provide comprehensive case management to address a spectrum of needs for each client. The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 1 FAIN # E-22-UC-120016 Federal Award Date EST 10/2022 Federal Award Agency HUD CFDA Name Emergency Solutions Grant CFDA/CSFA# 14.231 Total Amount of Federal Funds Awarded $100,000.00 Subrecipient Name The Shelter for Abused Women & Children, Inc. UEI# FJA1VKEREQFA FEIN 59-2752895 R&D No Indirect Cost Rate No Period of Performance October 1, 2022 – September 30, 2023 Fiscal Year End 6/30 Monitor End: 12/2023 AGREEMENT BETWEEN COLLIER COUNTY AND THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. Shelter Operations Program THIS AGREEMENT is made and entered into this _______ day of ____________________, 2022, by and between Collier County, a political subdivision of the State of Florida, (“COUNTY” or “Grantee”) having its principal address as 3339 Tamiami Trail East, Naples FL 34112, and THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC., a private not-for-profit corporation existing under the laws of the State of Florida, (“SUBRECIPIENT”) having its principal office at PO Box 10102, Naples, FL 34101. WHEREAS, the COUNTY is an entitlement community of the United States Department of Housing and Urban Development (HUD) for a grant to execute and implement the Emergency Solutions Grant (ESG) program in certain areas of Collier County, pursuant to the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act (24 CFR 576) amending the McKinney-Vento Homeless Act (42 U.S.C. 11371–11378); and WHEREAS, pursuant to the aforesaid grant, COUNTY is undertaking certain activities to primarily benefit homeless individuals in Collier County with the use of ESG funds to improve the quality of life in Collier County by providing assistance for any of the following five (5) program components: street outreach, emergency shelter, homelessness prevention, rapid re-housing assistance, and Homeless Management Information System (HMIS); and WHEREAS, the Board of County Commissioners of Collier County (“Board”) approved the Collier County Consolidated Plan - One-Year Action Plans for Federal Fiscal Year 2022-2023 for the ESG Program at the June 28, 2022 Board of County Commissioners meeting, Agenda Item . [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 2 WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the COUNTY advertised the 2022 – 2023 Annual Action Plan, on May 25, 2022 , with a 30-day Citizen Comment period from May 25, 2022 to June 25, 2022 ; and WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the undertaking the Emergency Solutions Grant Project — (ES22-03) Shelter Operations. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART I SCOPE OF SERVICES SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing ESG Funds, as determined by Collier County Community and Human Services Division (CHS), perform the tasks necessary to conduct the program as follows: PROJECT DETAILS Emergency Solutions Grant – Shelter Operations Program: Shelter operations expenses and personnel salaries to benefit homeless individuals and families in Collier County. Project Component One: Personnel salaries to support Shelter Operations Project Component Two: Annual Shelter operations expenses which may include but are not limited to, utilities, security maintenance and monthly monitoring, trash collection, insurance, repairs/maintenance, food costs for the facility, pest control and lawn care. 1. Project Tasks: a. Maintain documentation on all households served, in compliance with 24 CFR 576.500 b. Provide quarterly reports on meeting an ESG Eligible Activity c. Attendance by a representative of SUBRECIPIENT Executive Management at each Partnership Meeting 2. ESG Documentation Requirements Compliance Criteria: Activities carried out with funds provided under this Agreement will contribute to a program designed to be the first step in a continuum of assistance to enable homeless individuals and families to move toward independent living, as well as prevent homelessness, as defined in 24 CFR Part 576 (Subpart B Eligible Activities 576.21). [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 3 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this Agreement, SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for completion of the project. B. SUBRECIPIENT must submit the following resolutions and policies within sixty (60) days of the execution of this Agreement. Affirmative Fair Housing Policy Affirmative Action/Equal Opportunity Policy Affirmative Action Plan Conflict of Interest Policy (COI) and related COI Forms Procurement Policy Uniform Relocation Act Policy Sexual Harassment Policy Section 3 Policy Section 504/ADA Policy Fraud, Waste, and Abuse Policy Violence Against Women Act (VAWA) Policy LGBTQ Policy Language Assistance and Planning Policy (LAP) Limited English Proficiency Policy (LEP) C. Environmental Review Requirement (ERR) – This Agreement does not constitute a commitment of Funds or site approval. The commitment of Funds or site approval may occur only upon satisfactory completion of environmental review and either (i) the determination that the project is Exempt or (ii) the COUNTY’s receipt of an approved request for release of funds and certification from HUD, under 24 CFR Part 58. The provision of any funds to the project is conditioned on the COUNTY’s determination to proceed with, modify, or cancel the project based on the results of the environmental review. No program costs can be incurred until an environmental review of the project is completed and approved by the COUNTY. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to CHS issuance of the Notice to Proceed (NTP) letter. Violation of this provision may result in the termination of this subaward and/or the denial of any reimbursement of funds under this Agreement. D. Annual Subrecipient Training – All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement, shall attend the CHS- sponsored Annual Subrecipient Fair Housing training, except those who attended the training in the previous year. In addition, at least one staff member shall attend all other CHS-offered Subrecipient training relevant to the Project, as determined by the Grants Coordinator, not to exceed four (4) sessions. Requests for exemption, under this special condition, must be submitted to the Grant Coordinator, in writing, at least 14 days, prior to the training. E. Limited English Proficiency – 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 [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 4 understand English (“limited English proficient persons” or “LEP persons”) 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 HUD 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. 1.2 PROJECT DETAILS A. Project Description/Budget The budget identified for the Shelter Operations Project shall be as follows: Description Federal Amount ESG Match 1:1 Project Component 1: Personnel salaries to support Shelter Operations. $32,000.00 Project Component 2: Annual Shelter operations expenses which may include but are not limited to, utilities, security maintenance and monthly monitoring, trash collection, insurance, repairs/maintenance, food costs for the facility, pest control and lawn care. $68,000.00 ESG Match Requirement Documentation of ESG Eligible Matching Funds $100,000.00 Total Federal Funds: $100,000.00 SUBRECIPIENT will accomplish the following checked project tasks: Pay all closing costs related to property conveyance Maintain and provide to the COUNTY, as requested, beneficiary documentation that supports the benefit of homelessness Provide Quarterly Reports on project progress Provide Leverage Funds Report Ensure attendance by a representative from executive management at quarterly partnership meetings, as requested by CHS Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation Identify Lead Project Manager Provide Site Design and Specifications Submit Change Orders for CHS approval prior to SUBRECIPIENT authorizing work Comply with Davis-Bacon Labor Standards Provide certified payroll weekly throughout construction and rehabilitation Comply with Section 3 and maintain documentation [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 5 Comply with Uniform Relocation Act (URA), if necessary Ensure applicable numbers of units are Section 504/ADA accessible Ensure the applicable affordability period is met for the project B. Program Components/Eligible Activities All services/activities funded with ESG Funds must meet one of the ESG program components, as defined in 24 CFR 576: · Street Outreach: Funds may cover costs related to essential services for unsheltered persons (including emergency health or mental health care, engagement, case management, and services for special populations). · Emergency Shelter: Funds may be used for renovation of emergency shelter facilities and the operation of those facilities, as well as services for the residents (including case management, childcare, education, employment assistance and job training, legal, mental health, substance abuse treatment, transportation, and services for special populations). · Homelessness Prevention and Rapid Re-Housing: Both components fund housing relocation and stabilization services (including rental application fees, security deposits, utility deposits or payments, last month’s rent, and housing search and placement activities). Housing may also be used for short- or medium-term rental assistance for those who are at-risk of becoming homeless or transitioning to stable housing. · HMIS: Funds may be used to pay the costs for contributing data to the HMIS designated by the Continuum of Care for the area. Eligible activities include computer hardware, software, or equipment, technical support, office space, salaries of operators, staff training costs, and participation fees. C. Performance Deliverables Program Deliverable Deliverable Supporting Documentation Submission Schedule Insurance Insurance Certificate Upon executed Agreement and annually within thirty (30) days of renewal Special Grant Condition Policies (Section 1.1) Policies as stated in this Agreement Within sixty (60) days of executed Agreement Detailed project Schedule Project Schedule N/A Project Plans and Specifications Site Plans and Specifications N/A Procurement Documents (Bid Packet)* Independent Cost Estimate (ICE) Method of Procurement (MOP) Solicitation Packet N/A Subcontractor Log Subcontractor Log N/A Quarterly Progress Report Exhibit C 1. Quarterly, within 10 days following the quarter end (even if zero) [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 6 2. Final report upon submission of the final payment request in Neighborly Leverage Funds Report Exhibit C-1 1. Quarterly, within 10 days following the quarter end 2. Final report upon submission of final payment request in Neighborly. Annual Audit Monitoring Report Exhibit D Annually, within 60 days after FY end Financial and Compliance Audit Audit, Management Letter and Supporting Documentation Annually, nine (9) months for Single Audit OR one hundred and eighty (180) days after FY end. Program Income Reuse Plan Plan Approved by the COUNTY N/A * SUBRECIPIENT’s Notice to Proceed may be withheld if procurement deliverables are not submitted in a timely manner, as stated in Section 1.2.C, Performance Deliverables. SUBRECIPIENT must submit to the COUNTY, for approval, all Change Orders required during the project. Failure to submit Change Orders in a timely manner, may result in delay or withholding of payment, as well as, a cease work order until all change orders have been reviewed and approved, at which time a new Notice to Proceed will be issued. D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Personnel salaries to support Shelter Operations. Upon invoicing using Exhibit B, will reimburse allowable expenses as evidenced by properly completed timesheets, payroll registers/summary, payroll cash requirement, banking documents, canceled checks, and any additional supporting documentation as requested. 10% retainage will be withheld on each payment request. Final 10% ($) released upon documentation of all beneficiaries served and a successful closeout monitoring. Submission of monthly payment request within 30 days of prior month Project Component 2: Annual Shelter operations expenses which may include but are not limited to, utilities, security maintenance and monthly monitoring, trash collection, insurance, repairs/maintenance, food costs for the facility, pest control and lawn care. Upon invoicing using Exhibit B, will reimburse allowable expenses with documentation including but not limited to properly completed invoices, banking, canceled checks, utility documents(s), and any additional supporting documentation as requested. Submission of monthly payment request within 30 days of prior month [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 7 10% retainage will be withheld on each payment request. Final 10% ($) released upon documentation of all beneficiaries served and a successful closeout monitoring. ESG Match Exhibit B-1, along with supporting Match documentation Monthly Match: a minimum of dollar- for-dollar, with each submitted pay request Final 10 percent of award amount will be paid upon completion of documentation of all beneficiaries and final monitoring clearance. Retainage will be deducted from each invoice 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall start on October 1, 2022, and end on September 30, 2023 (Term of Agreement). SUBRECIPIENT’s services/activities shall be undertaken and completed considering the purposes of this Agreement. Any Funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to SUBRECIPIENT. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available ONE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($100,000.00) for use by SUBRECIPIENT during the Term of the Agreement (hereinafter referred to as the Funds). Modifications to the Budget and Scope may only be made if approved in advance. Budgeted Fund shifts between project components shall not exceed 10 percent or signify a change in scope. Fund shifts that exceed 10 percent of a project component shall only be made with Board approval. The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of ESG Funds until needed for eligible costs, and all disbursement requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend Funds only for allowable costs resulting from obligations incurred during the term of this Agreement. If no work has been performed during a month, or if 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 SUBRECIPIENT when requested as work progresses, but not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. COUNTY will pay SUBRECIPIENT Funds available under this Agreement based on information submitted by SUBRECIPIENT and consistent with any approved budget and COUNTY policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by SUBRECIPIENT, not to exceed [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 8 actual cash requirements. Payments will be adjusted by CHS in accordance with advance Fund and program income balances available in SUBRECIPIENT accounts. In addition, COUNTY reserves the right to liquidate Funds available under this Agreement for costs incurred by COUNTY on behalf of SUBRECIPIENT. Final invoices are due no later than 90 days after the end of the Agreement. Work performed during the term of the Agreement but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. CHS may withhold any pay request 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 or evidence of project inactivity may cause payment suspension of any open pay requests until the required deliverables are received or substantial project progression occurs, as determined by CHS. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice, and in compliance with sections 218.70–218.80, Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.” 1.5 MATCH REQUIRED SUBRECIPIENT must match ESG grant funds dollar-for-dollar, pursuant to 24 CFR 576.201. Matching funds shall be provided after the date of the grant award. Funds used to match a previous ESG grant may not be used to match a subsequent grant award. SUBRECIPIENT may comply with its requirement by providing the matching funds from any source, including any Federal source other than the ESG program, as well as State, Local, and private sources. SUBRECIPIENT must ensure the laws governing any Federal funds to be used do not prohibit those funds from being used to match ESG funds. To meet the required match, the matching contributions must meet all requirements that apply to the ESG Funds provided by HUD, as required by 24 CFR 576.201(c). Matching contributions may be in the form of the following: 1. Cash contributions 2. Non-cash contributions calculated per requirements in 24 CFR 576.201(e), including the value of any real property, equipment, goods, or services contributed to SUBRECIPIENT’s ESG program, provided that, if SUBRECIPIENT had to pay for them with grant Funds, the costs would have been allowable. Non-cash contributions may include: a. The purchase value of any donated material or building. SUBRECIPIENT shall determine the value of any donated material or building, or any lease, using a method reasonably calculated to establish a fair market value. b. Match in the form of services provided by individuals must be valued at rates consistent with those ordinarily paid for similar work in SUBRECIPIENT’s organization. If SUBRECIPIENT does not have employees performing similar work, the rates must be consistent with those ordinarily paid by other employers for similar work in the same labor market. 3. Costs paid by program income shall count toward meeting SUBRECIPIENT’s match requirements, provided the costs are eligible ESG costs that supplement the ESG program. [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 9 1.6 LEVERAGE FUNDS In some instances, the award provided by COUNTY is not enough to cover the entire cost of the project. Other funds are included and considered to be leveraged funds. Leveraged funds must adhere to all Federal, State and COUNTY rules as it pertains to the project. Leveraged funds must be identified, tracked, and verifiable in the SUBRECIPIENT’s records at monitoring closeout. Leveraged resources must also meet the following criteria to be allowable as leverage: a. Expenditures of leveraged funds or resources are permitted only for eligible activities and allowable costs under the cost principles specified by the OMB Circulars referenced in this Agreement. Expenditures must be necessary and reasonable for proper and efficient accomplishments of project or program objectives. b. Leveraged resources committed on one project may not be used as leverage or match for any other project or program. c. Leveraged resources must represent newly created resources covering expenditures that would not be incurred if the award were not made. d. Leveraged resources may not be Federal funds under a different award, except where Federal statute allows their use for cost sharing (such as the Community Development Block Grant program). e. Third-party cash or in-kind contributions offered as leverage require a commitment letter on company letterhead signed by the individual who is in a position to commit the in-kind contribution. The contribution is only allowable if not utilized towards matching dollars. 1.7 COST PRINCIPLES Payments to SUBRECIPIENT are governed by Federal grant management rules for cost allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.7-Cost Principles) of this Agreement, SUBRECIPIENT is defined as described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed specifically to the project(s) 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 Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart E, however the COUNTY is, and may impose requirements upon the Developer to remain compliant with the COUNTY’s obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. 1.8 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, facsimile, or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 10 COLLIER COUNTY ATTENTION: Carolyn Noble, Grant Coordinator Collier County Government Community and Human Services Division 3339 Tamiami Trail East, Suite 213 Naples, Florida 34112 Email: Carolyn.Noble@colliercountyfl.gov Telephone: (239) 450-5186 SUBRECIPIENT ATTENTION: Linda Oberhaus, Chief Executive Officer The Shelter for Abused Women & Children, Inc. P.O. Box 10102 Naples, FL 34101 Email: loberhaus@naplesshelter.org Telephone: (239) 280-1350 Remainder of Page Intentionally Left Blank [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 11 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, SUBRECIPIENT shall make available all records, documentation, and any other data relating to all matters covered by the Agreement for review, inspection, or audit. SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after receipt. Failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in withholding of future payments. SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current COUNTY policy concerning SUBRECIPIENT audits. The determination of Federal award amounts expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 576.500 to determine compliance with the requirements of this Agreement, the ESG Program, and all other applicable laws and regulations. This documentation shall include but is not limited to the following: A. All records required by ESG regulations. B. SUBRECIPIENT shall maintain public records that ordinarily and necessarily would be required by COUNTY to perform the service. C. SUBRECIPIENT shall make available at any time upon request by the COUNTY or CHS all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by SUBRECIPIENT for the purpose of this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies, and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. D. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion and in a readily accessible, permanent, and secured location for five (5) years after the date of [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 12 submission of the annual performance and evaluation report, as prescribed in 24 CFR 576.500 (y). However, if any litigation, claim, or audit is started before the expiration date of the five (5) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If SUBRECIPIENT ceases to exist after closeout of this Agreement, it must notify the COUNTY in writing, of the address where the records are to be kept, as outlined in 2 CFR 200.337. SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to the COUNTY, all public records in SUBRECIPIENT’s possession upon termination of the Agreement and destroy any duplicate, exempt, and/or confidential public records that are released from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY’s information technology systems. IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, IT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-2679, Michael.Brownlee@colliercountyfl.gov, 3299 Tamiami Trail E, Naples FL 34112. E. SUBRECIPIENT shall establish and maintain income eligible files on clients served, and documentation that all households are eligible under HUD Income Guidelines. SUBRECIPIENT agrees that CHS shall be the final arbiter on SUBRECIPIENT’s compliance. F. SUBRECIPIENT shall document how it complied with the Program Component(s), as defined in 24 CFR 576.100, and the eligibility requirement(s) under which funding has been received. This includes special requirements such as necessary and appropriate determinations, as defined in 24 CFR 576.100; income certification; and written agreements with beneficiaries, where applicable. G. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records, and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public records that are released from public records disclosure requirements are not disclosed, except as authorized by 2 CFR 200.337 and 2 CFR 200.338. 2.3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit D) no later than 60 days after SUBRECIPIENT’s fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for Subrecipients exempt from Single Audit) after the SUBRECIPIENT’s fiscal year end. The COUNTY will conduct an annual financial and programmatic review. [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 13 SUBRECIPIENT agrees that CHS may carry out no fewer than one annual on-site monitoring visit and evaluation activities, as determined necessary. At the COUNTY’s discretion, a desktop review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. SUBRECIPIENT shall, upon request by CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and allow for completion of its required reports. SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. The COUNTY will monitor the performance of SUBRECIPIENT in an attempt to mitigate fraud, waste, abuse, or nonperformance based on goals and performance standards as stated with all other applicable laws, regulations, and policies governing the Funds provided under this Agreement, further defined by 2 CFR 200.332. Substandard performance, as determined by the COUNTY, will constitute noncompliance with this Agreement. If SUBRECIPIENT does not take corrective action within a reasonable time period after being notified by the COUNTY, Agreement suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, COUNTY, or the COUNTY’s internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal control systems and procedures sufficient to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and provide for proper and effective management of all Program and fiscal activities of the Agreement. SUBRECIPIENT’s internal control systems, all transactions, and other significant events are to be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall give COUNTY complete access to all its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY’s efforts to detect, investigate, and prevent fraud, waste, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement, or any law or regulation, to the COUNTY or any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failure to implement or make acceptable progress on such corrective action plans. To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. The escalation policy for noncompliance is as follows: 1. Initial noncompliance may result in CHS issuing Findings or Concerns the SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action plan to CHS within 10 business days following issuance of the report. [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 14 · Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. · CHS will be available to provide Technical Assistance (TA) to SUBRECIPIENT, as needed, to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan in a timely manner, CHS may require a portion of the awarded grant amount to be returned to the COUNTY. · CHS may require SUBRECIPIENT to return upwards of 5 percent of the award amount to the COUNTY, at the discretion of the Board. · SUBRECIPIENT may be denied future consideration as set forth in Resolution No. 2013-228. 3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected and has been informed by CHS of their substantial noncompliance, by certified mail, CHS may require a portion of the awarded grant amount or the amount of the ESG investment for acquisition of the properties conveyed, to be returned to the COUNTY. · CHS may require SUBRECIPIENT to return upwards of 10 percent of the award amount to the COUNTY, at the discretion of the Board. · SUBRECIPIENT will be in violation of Resolution No. 2013-228. 4. If after repeated notification, SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend the Agreement or award be terminated. · CHS will make a recommendation to the Board for immediate termination of the Agreement. SUBRECIPIENT will be required to repay all Funds disbursed by the COUNTY for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. · SUBRECIPIENT will be in violation of Resolution No. 2013-228. If SUBRECIPIENT has multiple agreements with CHS and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board’s discretion. 2.6 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. Reports showing lack of project activity may result in withholding of payment or issuance of a Notice of Noncompliance. [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 15 During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January, April, July, and October, respectively, for the prior quarter period end. As part of the report submitted in October, SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities, and expenditures including but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit C, which contains a sample reporting form to be used in fulfillment of this requirement. Additionally, all leveraged funds utilized in support of this project will be submitted on Exhibit C-1 as part of the final report. Other reporting requirements may be imposed by the County Manager or designee in the event of Program changes, the need for additional information or documentation arises, and/or if legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. Remainder of Page Intentionally Left Blank [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 16 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY’s sole discretion and judgment. 3.2 GENERAL COMPLIANCE SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 576, the U.S. Housing and Urban Development regulations concerning the HEARTH Act. SUBRECIPIENT also agrees to comply with all other applicable Federal, State, and Local laws, regulations, and policies governing the Funds provided under this Agreement. SUBRECIPIENT further agrees to utilize Funds available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. SUBRECIPIENT shall always remain an “independent contractor” with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers’ Compensation Insurance as the SUBRECIPIENT is independent from the COUNTY. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY’s 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, at its discretion, amend this Agreement to conform with Federal, State, or governmental guidelines, policies, available funding amounts, or other reasons. If such amendments result in a change in the funding, scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from HUD ESG grant funds and must be implemented in full compliance with all of HUD’s rules and regulations and any agreement between COUNTY and HUD governing ESG Funds pertaining to this Agreement. In the event of curtailment or non-production of said Federal Funds, the financial sources necessary to continue to pay 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 that it is [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 17 determined by the County Manager or designee, in his or her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act or omission, including but not limited to reasonable attorneys’ and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith, shall defend all suits in the name of the COUNTY, and shall pay all costs (including attorney’s fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of 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 COUNTY RECOGNITION/SPONSORSHIPS 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 prepared, and released by SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: “FINANCED IN PART BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION” and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team, as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.340, this Agreement may be terminated for convenience by either the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and in the case of partial terminations, the portion to be terminated. However, in the case of a partial termination, if the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 18 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. Failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as may become applicable at any time B. Failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner C. Ineffective or improper use of Funds provided under this Agreement D. Submission of reports to the COUNTY that are incorrect or incomplete in any material respect E. Submission of any false certification F. Failure to materially comply with any terms of this Agreement G. Failure to materially comply with the terms of any other agreement between the COUNTY and SUBRECIPIENT, relating to the Project In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part B. Require the use of or change in professional property management C. Require SUBRECIPIENT to immediately repay to the COUNTY all ESG Funds that it received under this Agreement D. Apply sanctions, if determined by the COUNTY to be applicable E. Stop all payments until identified deficiencies are corrected F. Terminate this Agreement, by giving written notice to SUBRECIPIENT specifying the effective date of such termination. If the Agreement is terminated by the COUNTY as provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 19 3.9 SUSPENSION AND DEBARMENT SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by 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 12549 (1986) and 12689 (1989), Suspension and Debarment and 2 CFR 200.214, as further detailed in Section 4.18. 3.10 REVERSION OF ASSETS In the event of a termination or upon expiration of the Agreement, in addition to any and all other remedies available to the COUNTY (whether under this Agreement, or at law or in equity), SUBRECIPIENT shall immediately transfer to the COUNTY any Funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of ESG Funds. The COUNTY’s receipt of any Funds on hand at the time of termination shall not waive the COUNTY’s right (nor excuse SUBRECIPIENT’s obligation) to recoup all or any portion of the Funds, as the COUNTY may deem necessary. Regulations regarding real property and equipment are subject to 2 CFR 200.311. 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement, until all required insurance, as outlined in Exhibit A and 2 CFR 200.310 has been obtained. Said insurance shall be carried continuously during SUBRECIPIENT’s performance under the Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200 et seq), and the Federal regulations for the Emergency Solutions Grant. (24 CFR 576 et seq.) 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards at (2 CFR 200.318 through 200.327) and Collier County’s Procurement Ordinance #2017-08, as amended. Current purchasing thresholds are: Range: Competition Required $0 - $50,000 3 Written Quotes $50,001+ Formal Solicitation (ITB, RFP, etc.) All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or be put out to competitive bidding, under a procedure acceptable to the COUNTY and Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest, responsible, and qualified bidder. Contract administration shall be conducted by SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 20 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. 3.14 PROGRAM-GENERATED INCOME No Program Income is anticipated. However, if Program Income is derived from the use of ESG Funds disbursed under this Agreement, such Program Income shall be used by the SUBRECIPIENT for an eligible ESG project activity approved by the COUNTY. Any Program Income (as such term is defined under applicable Federal regulations) gained from any SUBRECIPIENT activity funded by ESG shall be reported to the COUNTY through an annual Program Income Re-use Plan, utilized by SUBRECIPIENT accordingly, and shall be compliant with 2 CFR 200.307 and 24 CFR 576.201(f). When Program Income is generated by an activity that is only partially funded with ESG Funds, the income shall be prorated to reflect the percentage of ESG Funds used. If there is a Program Income balance at the end of the Program Year, such balance shall revert to the COUNTY’s ESG Program, for further reallocation. 3.15 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT’s obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in section 2.2 (Records and Documentation) of this Agreement, SUBRECIPIENT shall comply with section 119.021 Florida Statutes regarding records maintenance, preservation, and retention. A conflict between State and Federal records retention requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. Any balance of unobligated Funds 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 Statutes, the Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.344 and ensure all Federal grant requirements have been completed. 3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE SUBRECIPIENT agrees that no person shall be excluded from the benefits of or be subjected to discrimination under any activity carried out by the performance of this Agreement based on race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, homeless individuals have priority over other Section 3 residents, in accordance with 24 CFR 576.405(c). Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u), and implementing regulations at 24 CFR Part 75 requires that, to the greatest extent practicable, employment and economic opportunities be directed to low- [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 21 and very low-income residents of the area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area (as defined in 42 U.S.C. 5302(a)) in which the project is located. To the maximum extent practicable, SUBRECIPIENT shall involve homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under ESG, providing services assisted under ESG, and providing services for occupants of facilities assisted under ESG. This involvement may include employment or volunteer services. Section 3 is relative to any of the SUBRECIPIENT’s subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968 and certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES SUBRECIPIENT will use its best efforts to afford small businesses and minority and women’s business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and “minority and women’s business enterprise” means a business that is at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, “minority group members” are Black Americans, Hispanic Americans, Asian/Pacific Americans, Native Americans, and Hasidic Jews. . 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 As defined by 24 CFR 576.2, 100 percent of the beneficiaries receiving ESG Funding through this Agreement must be homeless or at risk of homelessness. Income eligibility of beneficiaries will be validated by reviewing supporting documentation, during any interim and/or closeout monitoring. 3.19 AFFIRMATIVE ACTION PLAN SUBRECIPIENT agrees that it is committed to carrying 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. Prior to the award of Funds, SUBRECIPIENT shall submit to the COUNTY for approval, a plan for an Affirmative Action Program. If the Affirmative Action Plan is updated during the Performance Period of this Agreement, the updated plan must be submitted to the COUNTY within 60 days of any update/modification. SUBRECIPIENT’s contracting officer will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or worker’s representative of SUBRECIPIENT’s commitments hereunder, and shall post copies of the notice in conspicuous places available to all employees and applicants for employment. [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 22 3.20 CONFLICT OF INTEREST SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement, and that no person having any conflict of interest shall be employed or subcontracted by SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 576.404 “Conflict of Interest,” 2 CFR 200.318, Florida Statute 287.057 and any additional State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled, in whole or in part, by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY’s sole discretion. This provision is not intended to limit SUBRECIPIENT’s ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of SUBRECIPIENT, its employees, or its contractors shall be disclosed, in writing to CHS provided however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low- and moderate-income residents of the project target area. 3.21 EMERGENCY SHELTERS Any emergency shelter that receives assistance for shelter operations must also meet minimum safety, sanitation, and privacy standards (Exhibit E), as required by 24 CFR 576.403(b). 3.22 PERMANENT HOUSING Housing that program participants who receive ESG assistance to remain or move into must meet the minimum habitability standards (Exhibit F) provided in 24 CFR 576.403(c) and all applicable State and Local housing codes, licensing requirements, and any other requirements in the jurisdiction in which the housing is located regarding the condition of the structure and the operation of the housing. 3.23 COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS SUBRECIPIENT must document its compliance with the requirements of 24 CFR 576.400(a) for consulting with the Continuum of Care and coordinating and integrating ESG assistance with programs targeted toward homeless people and mainstream service and assistance programs (Exhibit G). 3.24 HOMELESS PARTICIPATION SUBRECIPIENT must document its compliance with homeless participation requirements under 24 CFR 576.405(c). [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 23 3.25 BYRD ANTI-LOBBYING AMENDMENT Each tier certifies that the tier above it will not, and has not, used Federally appropriated Funds to pay any person or organization for influencing or attempting to influence the award of Federal Funds, as covered by 31 USC 1352, and more fully described in Section 4.53 of this Agreement. Contractors who apply or bid for an award of $100,000 or more shall file the required certification. 3.26 CENTRALIZED OR COORDINATED ASSESSMENT SYSTEMS AND PROCEDURES SUBRECIPIENT must maintain documentation evidencing the use of and written intake procedures for the centralized or coordinated assessment system(s) developed by the Continuum of Care, in accordance with the requirements established by HUD and identified in 24 CFR 576.500(g). 3.27 CONDITIONS FOR RELIGIOUS ORGANIZATIONS ESG Funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 576.406. SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment and will not limit or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services and will not limit such services or give preference to persons based on religion. C. It will retain its independence from Federal, State, and Local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that it does not use direct ESG Funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. The Funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, ESG Funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to ESG Funds in this part. Sanctuaries, chapels, or other rooms that an ESG Funded religious congregation uses as its principal place of worship, however, are ineligible for ESG Funded improvements. 3.28 INCIDENT REPORTING If SUBRECIPIENT provides client services under this Agreement, SUBRECIPIENT and any of its subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person. [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 24 3.29 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such determination shall not affect the validity or enforceability of any other section or part thereof. 3.30 MISCELLANEOUS SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. SUBRECIPIENT represents and warrants that the financial data, reports, and other information it furnished to the COUNTY regarding the Project are accurate and complete, and financial disclosures fairly represent the financial position of SUBRECIPIENT. SUBRECIPIENT certifies that it has the legal authority to receive the Funds under this Agreement and its governing body has authorized the execution and acceptance of this Agreement. SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind the SUBRECIPIENT to the terms of this Agreement. The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida, without giving effect to its provisions regarding choice of laws. All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all applicable Federal, State, and Municipal laws, ordinances, regulations, orders, and guidelines, including but not limited to any applicable regulations issued by CHS. Electronic Signatures. This Agreement, and related documents entered into in connection with this Agreement, are signed when a party’s signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. 3.31 WAIVER The COUNTY’S failure to act with respect to a breach by SUBRECIPIENT does not waive its right to act with respect to subsequent or similar breaches. The COUNTY’S failure to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. Remainder of Page Intentionally Left Blank [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 25 PART IV GENERAL PROVISIONS 4.1 24 CFR Part 576 Emergency Solutions Grants Program, as amended – All regulations regarding the ESG Program. eCFR: 24 CFR Part 576 -- Emergency Solutions Grants Program 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. https://www.ecfr.gov/cgi-bin/text- idx?SID=1acdb92f3b05c3f285dd76c26d14f54e&mc=true&node=pt24.1.58&rgn=div5 4.3 Section 104(d) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended Section 109 of the HCD Act of 1974 | HUD.gov / U.S. Department of Housing and Urban Development (HUD) Section 104(d) of the Housing and Community Development Act of 1974, as amended (see 42 USC 5304(d)) - HUD Exchange 4.4 Title VI of the Civil Rights Act of 1964 as amended, https://www.hud.gov/programdescription/title6 Title VIII of the Civil Rights Act of 1968, as amended 4.5 24 CFR 576.407 - The regulations issued pursuant to 24 CFR 5.105(a) and Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. eCFR: 24 CFR 576.407 -- Other Federal requirements. eCFR: 24 CFR 5.105 -- Other Federal requirements. 4.6 Executive Order 11246 (“Equal Employment Opportunity”), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended 4.7 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. Title VII of the Civil Rights Act of 1964 | U.S. Equal Employment Opportunity Commission (eeoc.gov) 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 [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 26 assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. eCFR :: 24 CFR Part 75 -- Economic Opportunities for Low- and Very Low-Income Persons 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.” Section 3 requires 25 percent of the total labor hours must be worked by Section 3 workers and 5 percent of the total labor hours must be worked by Targeted Section 3 workers. If the SUBRECIPIENT is unable to meet these benchmarks, efforts taken to meet the requirements must be described. Examples include job fairs held, on the job training conducted, outreach efforts to public housing residents, and connecting residents to supportive services. SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. https://www.hud.gov/sites/documents/DOC_12047.PDF 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 4.9 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https://www.law.cornell.edu/uscode/text/42/chapter-76 11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.htm 11375: Amended by EO 11478 11478: https://www.archives.gov/federal-register/codification/executive-order/11478.html 12107:https://www.archives.gov/federal-register/codification/executive-order/12107.html 12086:https://www.archives.gov/federal-register/codification/executive-order/12086.html [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 27 4.10 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. https://www.govregs.com/regulations/expand/title24_part5_subpartA_section5.106 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. https://www.dol.gov/whd/regs/statutes/safe01.pdf 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), and 24 CFR 570.614 Subpart K. Section 504: https://www.epa.gov/ocr 29 USC 776: https://law.onecle.com/uscode/29/776.html 24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudap 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.fhwa.dot.gov/real_estate/uniform_act/index.cfm 4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all construction contracts funded by CDBG. Davis-Bacon Act: 42 USC 276a to 40 USC 276a: https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40-section276a- 7&num=0&edition=1999 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States https://www.law.cornell.edu/cfr/text/29/part-3 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) https://www.law.cornell.edu/cfr/text/29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. https://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.16 As a supplement to the Davis-Bacon Act requirements, the SUBRECIPIENT agrees to comply with the “Copeland Anti-Kickback Act,” which prohibits the SUBRECIPIENT, its contractors, or subcontractors from inducing an employee to relinquish any part of his/her compensation, under the Federally Funded contract. 18 U.S.C. 874 https://www.govinfo.gov/content/pkg/USCODE-2010-title18/pdf/USCODE-2010- title18.pdf 40 U.S.C. 276c https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40- section276c&num=0&edition=1999 [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 28 4.17 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. https://www.archives.gov/federal-register/codification/executive-order/11625.html 4.18 SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 576.407, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 24 CFR 576.407: https://www.ecfr.gov/cgi-bin/text- idx?c=ecfr;sid=dc4c2f93cdadf08974315fa2bfdf4cec;rgn=div5;view=text;node=24%3A3.1.1.3.8;i dno=24;cc=ecfr E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm 4.19 Public Law 100-430 - the Fair Housing Amendments Act of 1988. https://www.ncbi.nlm.nih.gov/pubmed/12289709 4.20 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. https://www.hud.gov/sites/documents/DOC_7771.PDF https://www.justice.gov/crt/fair-housing-act-1 Executive Order 11063 – Equal Opportunity in Housing https://www.archives.gov/federal- register/codification/executive-order/11063.html Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs https://www.archives.gov/federal-register/codification/executive-order/12259.html 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O. https://www.law.cornell.edu/cfr/text/24/part-107 4.21 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl 4.22 2 CFR 216 – Prohibition on certain telecommunications and video surveillance services or equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or grant funds to: 1) procure or obtain funds; 2) extend or renew a contract to procure or obtain; or 3) enter into an contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use(s) covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. 4.23 Immigration Reform and Control Act of 1986 https://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html 4.24 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 29 Florida Statutes- https://www.lawserver.com/law/state/florida/statutes/florida_statutes_chapter_112_part_iii Collier County- http://www.colliergov.net/home/showdocument?id=35137 4.25 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner’s discretion. 4.26 Venue - Any suit of action brought by either party to this Agreement against the other party, relating to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.27 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY’s staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. https://www.flsenate.gov/Laws/Statutes/2012/44.102 4.28 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE- 2010-title42/html/USCODE-2010-title42-chap85.htm https://www.law.cornell.edu/uscode/text/42/chapter-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.govinfo.gov/content/pkg/USCODE-2011-title33/pdf/USCODE-2011-title33- chap26.pdf https://www.law.cornell.edu/uscode/text/33/chapter-26 4.29 Section 6002 of the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act and regarding those items identified in 40 CFR Part 247 of the EPA guidelines https://www.epa.gov/enforcement/resource-conservation-and-recovery-act-rcra-and-federal- facilities https://www.law.cornell.edu/cfr/text/40/247.1 [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 30 4.30 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. https://www.law.cornell.edu/cfr/text/24/570.605 4.31 SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to the HUD Lead- Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. Lead-Based Paint - HUD Exchange 4.32 SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. https://www.achp.gov/sites/default/files/regulations/2017-02/regs-rev04.pdf In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State or Local historic property list. 4.33 SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). https://www.gpo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-title41-chap10- sec701 4.34 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 SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in Executive order 12549. https://www.archives.gov/federal-register/codification/executive-order/12549.html 4.35 SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200, et seq. 4.36 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT’s fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. Subrecipients exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT’s fiscal year. Per 2 CFR 200.344, if this Agreement is closed out prior to the receipt of an audit report, [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 31 the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. https://www.ecfr.gov/cgi-bin/text- idx?SID=5a78addefff9a535e83fed3010308aef&mc=true&node=se2.1.200_1344&rgn=div8 4.37 Any real property acquired by SUBRECIPIENT for carrying out the projects stated herein and approved by the COUNTY, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24, shall be subject to the provisions of 24 CFR 576.408 including, but not limited to, the provisions on use and disposition of property. A displaced person must be advised of his or her rights under the Fair Housing Act (42 U.S.C. 3601 et seq.). This policy does not require providing a person a larger payment than is necessary to enable a person to relocate to a comparable replacement dwelling (See 49 CFR 24.505(c)(2)(ii)(D). https://www.gpo.gov/fdsys/granule/CFR-2009-title49-vol1/CFR-2009-title49-vol1-part24 4.38 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&UR L=0200-0299/0287/Sections/0287.133.html 4.39 No Federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.40 SUBRECIPIENT agrees that no funds provided, nor personnel employed under the Agreement shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. (Hatch Act). https://www.gpo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-title41-chap10- sec701/content-detail.html 4.41 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. https://www.gsa.gov/portal/content/104877 [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 32 4.42 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in §5.100, required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. eCFR: 24 CFR Part 214 Subpart D -- Program Administration https://www.law.cornell.edu/cfr/text/24/5.111 4.43 Unaccompanied youth under 25 years of age, or families with children and youth who do not otherwise qualify as homeless under the definition of homeless in 24 CFR 576.2, but who are defined under Section 387(3) of the Runaway and Homeless Youth Act (42 U.S.C. 5732a(3)), Section 637(11) of the Head Start Act 42 U.S,C. 9832(11)), Section 41403(6) of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-2(6)), Section 330(h)(5)(A) of the Public Health Service Act (42 U.S.C. 254b(h)(5)(A)), Section 3(m) of the Food and Nutrition Act of 2008 7 U.S.C.2012(m)), Section 17(b)(15) of the Child Nutrition Act of 1966 (U.S.C. 1786 (b)(15)), Section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)) https://www.federalregister.gov/documents/2016/12/20/2016-30241/runaway-and-homeless- youth 4.44 HUD Final Rule – Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. https://www.federalregister.gov/documents/2016/11/16/2016-25888/violence-against-women- reauthorization-act-of-2013-implementation-in-hud-housing-programs 4.45 Any rule or regulation determined to be applicable by HUD. 4.46 Florida Statutes section 448.095 Employment Eligibility. Per Florida Statutes section 448.095(3), all Florida private employers are required to verify employment eligibility for all new hires beginning January 1, 2021. Eligibility determination is not required for continuing employees hired prior to January 1, 2021. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400- 0499/0448/0448.html 4.47 Florida Statutes section 713.20, Part 1, Construction Liens https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700- 0799/0713/0713.html 4.48 Florida Statutes section 119.021 Records Retention http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100- 0199/0119/Sections/0119.021.html 4.49 Florida Statutes section 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100- 0199/0119/Sections/0119.071.html [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 33 4.50 Limited English Proficiency: SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at http://www.lep.gov. 4.51 Equal Treatment of Faith-Based Organizations: By regulation, HUD prohibits all recipient organizations from using financial assistance from HUD to fund explicitly religious activities. SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see https://ojp.gov/about/ocr/partnerships.htm. Discrimination based on religion in employment is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on a case-by-case basis to allow some faith-based organizations to receive HUD funds while taking into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights. 4.52 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. SUBRECIPIENT agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See https://ojp.gov/about/ocr/pdfs/UseofConviction_Advisory.pdf for more details. 4.53 Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352): 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. SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. 4.54 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds. 18 U.S. Code § 1001 - Statements or entries generally | U.S. Code | US Law | LII / Legal Information Institute (cornell.edu) Beneficiaries are subject to this False Claims Act that include the following: 31 U.S.C. 3729 - False claims - Document in Context - USCODE-2010-title31-subtitleIII-chap37-subchapIII-sec3729 (govinfo.gov) 31 U.S. Code § 3729 - False claims | U.S. Code | US Law | LII / Legal Information Institute (cornell.edu) [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 34 4.55 Political Activities Prohibited: None of the funds provided directly or indirectly under this Agreement shall be used for any political activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor any funds provided hereunder shall be utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. 4.56 Text Messaging: Pursuant to Executive Order 13513, “Federal Leadership on Reducing Text Messaging While Driving,” 74 Federal Register 51225 (October 1, 2009), HUD encourages recipients and subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by HUD and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 4.57 Trafficking in Persons: 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 SUBRECIPIENT and any employees of SUBRECIPIENT. The details of the SUBRECIPIENT’s obligations related to prohibited conduct related to the trafficking of persons are posted at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm. 4.58 Association of Community Organizations for Reform Now (ACORN): SUBRECIPIENT understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of OJP. 4.59 If SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under this funding agreement, SUBRECIPIENT must comply with the requirements of 37 CFR Part 401, “Rights of Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements,” and any implementing regulations issued by HUD. https://www.ecfr.gov/cgi- bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de761dc64c0&mc=true&n=pt37.1.401&r =PART&ty=HTML Signature Page to Follow [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 35 IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: CRYSTAL K. KINZEL, CLERK , Deputy Clerk Dated: (SEAL) AS TO THE COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: WILLIAM L. McDANIEL, JR., CHAIRMAN Date: WITNESSES: Witness #1 Signature Witness #1 Printed Name Witness #2 Signature Witness #2 Printed Name AS TO SUBRECIPIENT: THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. By: LINDA OBERHAUS, CHIEF EXECUTIVE OFFICER Date: [Please provide evidence of signing authority] Approved as to form and legality: Derek D. Perry Assistant County Attorney Date: [22-SOC-00905] CAO DDP 5/31/2022 The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 36 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. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 – 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder’s Risk Insurance on an “All Risk” basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area 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). [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 37 OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract. 7. Workers’ Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an “All Risk” basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A (As Their Interest May Appear). 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee with respect to this coverage A.T.I.M.A. [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 38 EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. SUBRECIPIENT Address: PO BOX 10102, NAPLES, FL Project Name: SHELTER OPERATIONS Project No: ES22-03 Payment Request # Total Payment Minus Retainage Period of Availability: through Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today’s Request (Net of Retainage, if applicable) $ $ 4. Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) $ $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor (Approval required $15,000 and above) Division Director (Approval Required $15,000 and above) [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 39 EXHIBIT B-1 Match Form Collier County Request for Match SECTION I: REQUEST FOR PAYMENT Subrecipient Name: THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. Subrecipient Address: PO BOX 10102, NAPLES, FL Project Name: SHELTER OPERATIONS Project No: ES22-03 Match Request # Match Amount Request Today: $0.00 SECTION I: STATUS OF FUNDS 1. Total Match Amount per Agreement $0.00 2. Total Amount of Previous Match Submitted (Insert Amount) $0.00 3. Total Match Amount Awarded Per Agreement Less Total Amount of Previous Match Submitted $0.00 4. Amount of Today’s Request (Insert Amount) $0.00 5. Match Balance (Match per Agreement less the Sum of All Match Submitted) $0.00 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 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 [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 40 EXHIBIT C Emergency Solutions Grants (ESG) Quarterly Performance Report Subrecipient Name: THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. Report Period: Fiscal Year: Contract Number: ES22-03 Organization/s: Program/s: ESG Contact Name: JULIE FRANKLIN Contact Number: Activity Reporting Period Report Due Date October 1st – December 31st January 10th January 1st – March 31st April 10th April 1st – June 30th July 10th July 1st – September 30th October 10th Characteristics Report 1. Report Selection Criteria 2. Number of adults and children served: a. Residential Quarter YTD Number of Adults Number of Children Number of Unknown Age b. Non-Residential Number of Adults Number of Children Number of Unknown Age Ethnicity Quarter YTD Race Non- Hispanic Hispanic Non- Hispanic Hispanic White Black/African American Asian American Indian/Alaskan Native Native Hawaiian/Other Pacific Islander Other/Multi-Racial [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 41 3. Number of individuals/families served, by categories: Quarter YTD a. Number of individual households (singles) Male Female Male Female Unaccompanied 18 and over Unaccompanied 17 and under Quarter YTD b. Number of Families with children Male Female Male Female Headed by single 18 and over Headed by single 17 and under Headed by two parents 18 and over Headed by two parents 17 and under Number of Families with no children TOTAL 4. Total project(s)/service(s) provided to clients in range: Quarter YTD a. emergency shelter facilities shelter b. vouchers for shelters c. drop-in center d. food pantry e. mental health f. alcohol/drug g. childcare h. employment i. transitional j. outreach k. soup kitchen/meal distribution l. health care m. HIV/AIDS services n. other (please list) TOTAL 5. Number of clients served by sub population (duplicated count): Quarter YTD a. Chronically Homeless b. Victims of Domestic Violence c. Elderly d. Veterans e. Individuals with HIV/AIDS f. Chronic Substance Abuse (alcohol and/or drug) g. Severely Mentally Ill h. Runaway / throwaway youth i. Other disability (Physical and/or Developmental) TOTAL (Chronically Homeless- HUD definition of a chronically homeless person is an unaccompanied homeless individual with a disabling condition who has either: 1) been continuously homeless for a year a more, or 2) has had at least four episodes of homelessness in the past three years.) [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 42 6. Clients housed by shelter type: Quarter YTD Barracks Group/Large House Scattered Site Apartment Single Family Detached House Single Room Occupancy Mobile Home/Trailer Hotel/Motel Other Apartment/Complex Other Single-Family Duplex Other TOTAL I hereby certify the above information is true and accurate. Signature: Date: Printed Name: Title: Your typed name here represents your electronic signature. [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 43 EXHIBIT C-1 Emergency Solutions Grants (ESG) Leveraged Funds Report Leveraged Funds must be identified, tracked, and verifiable. Resources must be fully identified and described as submitted with SUBRECIPIENT’s application. Subrecipient Name: THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. Report Period: Fiscal Year: Contract Number: ES22-03 Program: ESG Contact Name: JULIE FRANKLIN Contact Number: Leveraged Funds See EXAMPLE below for how to complete this form. Source Amount Type Use Total Project Cost Ratio: EXAMPLE Source Amount Type Use CDBG $1,000,000 Other Federal Funds Land Acquisition HOME $870,000 Federal Funds Infrastructure Private Donation $1,200,000 Cash & In-Kind Infrastructure Philanthropic $3,500,000 Cash – local funds 52 units Affordable Housing Total Project Cost $6,570,000 Ratio: $1 Federal Dollar $2.51 Local Funds Signature Page to Follow [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 44 I hereby certify the above information is true and accurate. Signature: Date: Printed Name: Title: Your typed name here represents your electronic signature. [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 45 EXHIBIT D 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 THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year (MM/DD/YY) Total Federal Financial Assistance Expended during most recently completed Fiscal Year Total State Financial Assistance Expended during most recently completed Fiscal Year $ $ Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by ______________. Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: Did not exceed the expenditure threshold for the fiscal year indicated above Are a for-profit organization Are exempt for other reasons – explain_________________________________ An audited financial statement is attached and if applicable, the independent auditor’s management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title 06/18 [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 46 EXHIBIT E EMERGENCY SHELTERS Minimum Standards The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for Emergency Shelters, as applicable: 24 CFR 576.403(b): Minimum standards for emergency shelters. Any building for which Emergency Solutions Grant (ESG) funds are used for conversion, major rehabilitation, or other renovations, must meet State or Local government safety and sanitation standards, as applicable, and the following minimum safety, sanitation, and privacy standards. Any emergency shelter that receives assistance for shelter operations must also meet the following minimum safety, sanitation, and privacy standards. The COUNTY may also establish standards that exceed or add to these minimum standards. (1) Structure and materials. The shelter building must be structurally sound to protect residents from the elements and not pose any threat to health and safety of the residents. Any renovation (including major rehabilitation and conversion) carried out with ESG assistance must use Energy Star and WaterSense products and appliances. (2) Access. The shelter must be accessible in accordance with Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; the Fair Housing Act (42 U.S.C. 360, et seq.) and implementing regulations at 24 CFR part 100; and Title II of the Americans with Disabilities Act (42 U.S.C. 12131, et. Seq.) and 28 CFR part 35; where applicable. (3) Space and security. Except where the shelter is intended for day use only, the shelter must provide each program participant in the shelter with an acceptable place to sleep and adequate space and security for themselves and their belongings. (4) Interior air quality. Each room or space within the shelter must have a natural or mechanical means of ventilation. The interior air must be free of pollutants at a level that might threaten or harm the health of residents. (5) Water supply. The shelter’s water supply must be free of contamination. (6) Sanitary facilities. Each program participant in the shelter must have access to sanitary facilities that are in proper operating condition, are private, and are adequate for personal cleanliness and the disposal of human waste. (7) Thermal environment. The shelter must have any necessary heating/cooling facilities in proper operating condition. (8) Illumination and electricity. The shelter must have adequate natural or artificial illumination to permit normal indoor activities and support health and safety. There must be sufficient electrical sources to permit the safe use of electrical appliances in the shelter. (9) Food preparation. Food preparation areas, if any, must contain suitable space and equipment to store, prepare, and serve food in a safe and sanitary manner. (10) Sanitary conditions. The shelter must be maintained in a sanitary condition. (11) Fire safety. There must be at least one working smoke detector in each occupied unit of the shelter. Where possible, smoke detectors must be located near sleeping areas. The fire alarm system must be designed for hearing-impaired residents. All public areas of the shelter must have at least one working smoke detector. There must also be a second means of exiting the building in the event of fire or other emergency. [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 47 EXHIBIT F PERMANENT HOUSING The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for Permanent Housing, as applicable: 24 CFR 576.403(c): Minimum standards for permanent housing. The SUBRECIPIENT cannot use ESG funds to help a program participant remain or move into housing that does not meet the minimum habitability standards provided in this paragraph. The COUNTY may also establish standards that exceed or add to these minimum standards. (1) Structure and materials. The structures must be structurally sound to protect residents from the elements and not pose any threat to health and safety of the residents. (2) Space and security. Each resident must be provided adequate space and security for themselves and their belongings. Each resident must be provided an acceptable place to sleep. (3) Interior air quality. Each room or space must have a natural or mechanical means of ventilation. The interior air must be free of pollutants at a level that might threaten or harm the health of residents. (4) Water supply. The water supply must be free of contamination. (5) Sanitary facilities. Residents must have access to sanitary facilities that are in proper operating condition, are private, and are adequate for personal cleanliness and the disposal of human waste. (6) Thermal environment. The housing must have any necessary heating/cooling facilities in proper operating condition. (7) Illumination and electricity. The structure must have adequate natural or artificial illumination to permit normal indoor activities and support health and safety. There must be sufficient electrical sources to permit the safe use of electrical appliances in the structure. (8) Food preparation. All food preparation areas must contain suitable space and equipment to store, prepare, and serve food in a safe and sanitary manner. (9) Sanitary conditions. The housing must be maintained in a sanitary condition. (10) Fire safety. There must be at least one working smoke detector on each occupied level of the residences. Where possible, smoke detectors must be located near sleeping areas. The fire alarm system must be designed for hearing-impaired residents. All public areas of the housing must have at least one working smoke detector. Public areas include, but are not limited to, laundry rooms, community rooms, hallways, stairwells, and other common areas. There must be a second means of exiting the building in the event of fire or other emergency. [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 48 EXHIBIT G COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must adhere to 24 CFR 576.400 and coordinate with the Continuum of Care and other programs. (a) Consultation with the Continuum of Care. The SUBRECIPIENT and COUNTY must consult with the Continuum of Care to determine how to allocate ESG funds each program year; develop the performance standards for, and evaluate the outcomes of, projects and activities assisted by ESG funds; and develop funding, policies, and procedures for the administration and operation of the HMIS. (b) Coordination with other targeted homeless services. The SUBRECIPIENT and COUNTY must coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community-wide system to prevent and end homelessness for that area. These programs include: (1) Shelter Plus Care Program (24 CFR part 582) (2) Supportive Housing Program (24 CFR part 583) (3) Section 8 Moderate Rehabilitation Program for Single Room Occupancy Program for Homeless Individuals (24 CFR part 882) (4) HUD-Veterans Affairs Supportive Housing (HUD–VASH) (division K, title II, Consolidated Appropriations Act, 2008, Pub. L. 110–161 (2007), 73 FR 25026 (May 6, 2008)) (5) Education for Homeless Children and Youth Grants for State and Local Activities (title VII– B of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq. )) (6) Grants for the Benefit of Homeless Individuals (section 506 of the Public Health Services Act (42 U.S.C. 290aa–5) (7) Healthcare for the Homeless (42 CFR part 51c) (8) Programs for Runaway and Homeless Youth (Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.)) (9) Projects for Assistance in Transition from Homelessness (part C of title V of the Public Health Service Act (42 U.S.C. 290cc–21 et seq.)) (10) Services in Supportive Housing Grants (section 520A of the Public Health Service Act) (11) Emergency Food and Shelter Program (title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331 et seq.)) (12) Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program (section 40299 of the Violent Crime Control and Law Enforcement Act (42 U.S.C. 13975)) (13) Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless Veterans Comprehensive Assistance Act (38 U.S.C. 2021)) (14) Domiciliary Care for Homeless Veterans Program (38 U.S.C. 2043) (15) VA Homeless Providers Grant and Per Diem Program (38 CFR part 61) (16) Health Care for Homeless Veterans Program (38 U.S.C. 2031) (17) Homeless Veterans Dental Program (38 U.S.C. 2062) (18) Supportive Services for Veteran Families Program (38 CFR part 62) (19) Veteran Justice Outreach Initiative (38 U.S.C. 2031) [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 49 (c) System and program coordination with mainstream resources. The SUBRECIPIENT and COUNTY must coordinate and integrate, to the maximum extent practicable, ESG-funded activities with mainstream housing, health, social services, employment, education, and youth programs for which families and individuals at risk of homelessness and homeless individuals and families may be eligible. Examples of these programs include: (1) Public housing programs assisted under Section 9 of the U.S. Housing Act of 1937 (42 U.S.C. 1437g) (24 CFR parts 905, 968, and 990) (2) Housing programs receiving tenant-based or project-based assistance under Section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f) (respectively 24 CFR parts 982 and 983) (3) Supportive Housing for Persons with Disabilities (Section 811) (24 CFR part 891) (4) HOME Investment Partnerships Program (24 CFR part 92) (5) Temporary Assistance for Needy Families (TANF) (45 CFR parts 260–265) (6) Health Center Program (42 CFR part 51c) (7) State Children's Health Insurance Program (42 CFR part 457) (8) Head Start (45 CFR chapter XIII, subchapter B) (9) Mental Health and Substance Abuse Block Grants (45 CFR part 96) (10) Services funded under the Workforce Investment Act (29 U.S.C. 2801 et seq.) (d) Centralized or coordinated assessment. Once the Continuum of Care has developed a centralized assessment system or a coordinated assessment system in accordance with requirements to be established by HUD, each ESG-funded program or project within the Continuum of Care's area must use that assessment system. The COUNTY and SUBRECIPIENT must work with the Continuum of Care to ensure the screening, assessment, and referral of program participants is consistent with the written standards required by paragraph (e) of this section. A victim service provider may choose not to use the Continuum of Care's centralized or coordinated assessment system. (e) Written standards for providing ESG assistance. The SUBRECIPIENT must have written standards for providing ESG assistance and must consistently apply those standards for all program participants. At a minimum, these written standards must include: (1) Standard policies and procedures for evaluating individuals' and families' eligibility for assistance under ESG. (2) Standards for targeting and providing essential services related to street outreach. (3) Policies and procedures for admission, diversion, referral, and discharge by emergency shelters assisted under ESG, including standards regarding length of stay, if any, and safeguards to meet the safety and shelter needs of special populations, e.g., victims of domestic violence, dating violence, sexual assault, and stalking; and individuals and families who have the highest barriers to housing and are likely to be homeless the longest. (4) Policies and procedures for assessing, prioritizing, and reassessing individuals' and families' needs for essential services related to emergency shelter. (5) Policies and procedures for coordination among emergency shelter providers, essential services providers, homelessness prevention, and rapid re-housing assistance providers; other homeless assistance providers; and mainstream service and housing providers (see §576.400(b) and (c) for a list of programs with which ESG-funded activities must be coordinated and integrated to the maximum extent practicable). (6) Policies and procedures for determining and prioritizing which eligible families and individuals will receive homelessness prevention assistance and which eligible families and individuals will receive rapid re-housing assistance. [22-SOC-00905] CAO The Shelter for Abused Women & Children, Inc. ES22-03 Shelter Operations Page 50 (7) Standards for determining what percentage or amount of rent and utilities costs each program participant must pay while receiving homelessness prevention or rapid re-housing assistance. (8) Standards for determining how long a program participant will be provided with rental assistance and whether and how the amount of that assistance will be adjusted over time. (9) Standards for determining the type, amount, and duration of housing stabilization and/or relocation services to provide a program participant, including the limits, if any, on the homelessness prevention or rapid re-housing assistance that each program participant may receive; such as the maximum amount of assistance, maximum number of months the program participant receives assistance, or the maximum number of times the program participant may receive assistance. (f) Participation in HMIS. The SUBRECIPIENT must ensure that data on all persons served, and all activities assisted under ESG are entered into the applicable community wide HMIS or a comparable database, in accordance with HUD's standards on participation, data collection, and reporting under a local HMIS. If the SUBRECIPIENT is a victim service provider or a legal services provider, it may use a comparable database that collects client-level data over time (i.e., longitudinal data) and generates unduplicated aggregate reports based on the data. Information entered in a comparable database must not be entered directly into or provided to an HMIS. [22-SOC-00905] CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 1 FAIN # E-22-UC-120016 Federal Award Date EST 10/2022 Federal Award Agency HUD CFDA Name Emergency Solutions Grant CFDA/CSFA# 14.231 Total Amount of Federal Funds Awarded $30,677.60 Subrecipient Name Youth Haven, Inc. UEI# H53EDBJFE816 FEIN 23-7065187 R&D No Indirect Cost Rate No Period of Performance October 1, 2022 – September 30, 2023 Fiscal Year End 6/30 Monitor End: 12/2023 AGREEMENT BETWEEN COLLIER COUNTY AND YOUTH HAVEN, INC. Shelter Operations Program THIS AGREEMENT is made and entered into this _______ day of ____________________, 2022, by and between Collier County, a political subdivision of the State of Florida, (“COUNTY” or “Grantee”) having its principal address as 3339 Tamiami Trail East, Naples FL 34112, and YOUTH HAVEN, INC., a private not-for-profit corporation existing under the laws of the State of Florida, (“SUBRECIPIENT”) having its principal office at 5867 Whitaker Road, Naples, FL 34112. WHEREAS, the COUNTY is an entitlement community of the United States Department of Housing and Urban Development (HUD) for a grant to execute and implement the Emergency Solutions Grant (ESG) program in certain areas of Collier County, pursuant to the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act (24 CFR 576) amending the McKinney-Vento Homeless Act (42 U.S.C. 11371–11378); and WHEREAS, pursuant to the aforesaid grant, COUNTY is undertaking certain activities to primarily benefit homeless individuals in Collier County with the use of ESG funds to improve the quality of life in Collier County by providing assistance for any of the following five (5) program components: street outreach, emergency shelter, homelessness prevention, rapid re-housing assistance, and Homeless Management Information System (HMIS); and WHEREAS, the Board of County Commissioners of Collier County (“Board”) approved the Collier County Consolidated Plan - One-Year Action Plans for Federal Fiscal Year 2022-2023 for the ESG Program at the June 28, 2022 Board of County Commissioners meeting, Agenda Item . 28th June CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 2 WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the COUNTY advertised the 2022-2023 Annual Action Plan, on May 25, 2022 , with a 30-day Citizen Comment period from May 25, 2022 to June 25, 2022 ; and WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the undertaking the Emergency Solutions Grant Project — (ES22-02) Shelter Personnel. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART I SCOPE OF SERVICES SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing ESG Funds, as determined by Collier County Community and Human Services Division (CHS), perform the tasks necessary to conduct the program as follows: PROJECT DETAILS Emergency Solutions Grant – Shelter Personnel: Personnel salary for a Youth Advocate to benefit homeless youth in Collier County. Project Component One: Personnel Salary for a Youth Advocate 1. Project Tasks: a. Maintain documentation on all households served, in compliance with 24 CFR 576.500 b. Provide quarterly reports on meeting an ESG Eligible Activity c. Attendance by a representative of SUBRECIPIENT Executive Management at each Partnership Meeting 2. ESG Documentation Requirements Compliance Criteria: Activities carried out with funds provided under this Agreement will contribute to a program designed to be the first step in a continuum of assistance to enable homeless individuals and families to move toward independent living, as well as prevent homelessness, as defined in 24 CFR Part 576 (Subpart B Eligible Activities 576.21). 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this Agreement, SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for completion of the project. CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 3 B. SUBRECIPIENT must submit the following resolutions and policies within sixty (60) days of the execution of this Agreement. Affirmative Fair Housing Policy Affirmative Action/Equal Opportunity Policy Affirmative Action Plan Conflict of Interest Policy (COI) and related COI Forms Procurement Policy Uniform Relocation Act Policy Sexual Harassment Policy Section 3 Policy Section 504/ADA Policy Fraud, Waste, and Abuse Policy Violence Against Women Act (VAWA) Policy LGBTQ Policy Language Assistance and Planning Policy (LAP) Limited English Proficiency Policy (LEP) C. Environmental Review Requirement (ERR) - This Agreement does not constitute a commitment of Funds or site approval. The commitment of Funds or site approval may occur only upon satisfactory completion of environmental review and either (i) the determination that the project is Exempt or (ii) the COUNTY’s receipt of an approved request for release of funds and certification from HUD, under 24 CFR Part 58. The provision of any funds to the project is conditioned on the COUNTY’s determination to proceed with, modify, or cancel the project based on the results of the environmental review. No program costs can be incurred until an environmental review of the project is completed and approved by the COUNTY. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to CHS issuance of the Notice to Proceed (NTP) letter. Violation of this provision may result in the termination of this subaward and/or the denial of any reimbursement of funds under this Agreement. D. Annual Subrecipient Training - All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement, shall attend the CHS- sponsored Annual Subrecipient Fair Housing training, except those who attended the training in the previous year. In addition, at least one staff member shall attend all other CHS-offered Subrecipient training relevant to the Project, as determined by the Grants Coordinator, not to exceed four (4) sessions. Requests for exemption, under this special condition, must be submitted to the Grant Coordinator, in writing, at least 14 days, prior to the training. E. Limited English Proficiency – 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 persons”) 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 CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 4 to ensure meaningful access to activities funded with HUD 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. 1.2 PROJECT DETAILS A. Project Description/Budget The budget identified for the Shelter Personnel shall be as follows: Description Federal Amount ESG Match 1:1 Project Component 1: Personnel Salary for a Youth Advocate $30,677.60 ESG Match Requirement Documentation of ESG Eligible Matching Funds $30,677.60 Total Federal Funds: $30,677.60 SUBRECIPIENT will accomplish the following checked project tasks: Pay all closing costs related to property conveyance Maintain and provide to the COUNTY, as requested, beneficiary documentation that supports the benefit of homelessness Provide Quarterly Reports on project progress Provide Leverage Funds Report Ensure attendance by a representative from executive management at quarterly partnership meetings, as requested by CHS Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation Identify Lead Project Manager Provide Site Design and Specifications Submit Change Orders for CHS approval prior to SUBRECIPIENT authorizing work Comply with Davis-Bacon Labor Standards Provide certified payroll weekly throughout construction and rehabilitation Comply with Section 3 and maintain documentation Comply with Uniform Relocation Act (URA), if necessary Ensure applicable numbers of units are Section 504/ADA accessible Ensure the applicable affordability period is met for the project B. Program Components/Eligible Activities All services/activities funded with ESG Funds must meet one of the ESG program components, as defined in 24 CFR 576: CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 5 · Street Outreach: Funds may cover costs related to essential services for unsheltered persons (including emergency health or mental health care, engagement, case management, and services for special populations). · Emergency Shelter: Funds may be used for renovation of emergency shelter facilities and the operation of those facilities, as well as services for the residents (including case management, childcare, education, employment assistance and job training, legal, mental health, substance abuse treatment, transportation, and services for special populations). · Homelessness Prevention and Rapid Re-Housing: Both components fund housing relocation and stabilization services (including rental application fees, security deposits, utility deposits or payments, last month’s rent, and housing search and placement activities). Housing may also be used for short- or medium-term rental assistance for those who are at-risk of becoming homeless or transitioning to stable housing. · HMIS: Funds may be used to pay the costs for contributing data to the HMIS designated by the Continuum of Care for the area. Eligible activities include computer hardware, software, or equipment, technical support, office space, salaries of operators, staff training costs, and participation fees. C. Performance Deliverables Program Deliverable Deliverable Supporting Documentation Submission Schedule Insurance Insurance Certificate Upon executed Agreement and annually within thirty (30) days of renewal Special Grant Condition Policies (Section 1.1) Policies as stated in this Agreement Within sixty (60) days of executed Agreement Detailed project Schedule Project Schedule N/A Project Plans and Specifications Site Plans and Specifications N/A Procurement Documents (Bid Packet)* Independent Cost Estimate (ICE) Method of Procurement (MOP) Solicitation Packet N/A Subcontractor Log Subcontractor Log N/A Quarterly Progress Report Exhibit C 1. Quarterly, within 10 days following the quarter end (even if zero) 2. Final report upon submission of the final payment request in Neighborly Leverage Funds Report Exhibit C-1 1. Quarterly, within 10 days following the quarter end (even if zero) CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 6 2. Final report upon submission of the final payment request in Neighborly Annual Audit Monitoring Report Exhibit D Annually, within 60 days after FY end Financial and Compliance Audit Audit, Management Letter and Supporting Documentation Annually, nine (9) months for Single Audit OR one hundred and eighty (180) days after FY end. Program Income Reuse Plan Plan Approved by the COUNTY N/A * SUBRECIPIENT’s Notice to Proceed may be withheld if procurement deliverables are not submitted in a timely manner, as stated in Section 1.2.C, Performance Deliverables. SUBRECIPIENT must submit to the COUNTY, for approval, all Change Orders required during the project. Failure to submit Change Orders in a timely manner, may result in delay or withholding of payment, as well as, a cease work order until all change orders have been reviewed and approved, at which time a new Notice to Proceed will be issued. D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Personnel Salary for a Youth Advocate. Upon invoicing using Exhibit B, will reimburse allowable expenses as evidenced by properly completed timesheets, payroll registers/summary, payroll cash requirement, banking documents, canceled checks, and any additional supporting documentation as requested. 10% retainage will be withheld on each payment request. Final 10% ($) released upon documentation of all beneficiaries served and a successful closeout monitoring. Submission of monthly payment request within 30 days of prior month ESG Match Exhibit B-1, along with supporting Match documentation Monthly Match: a minimum of dollar- for-dollar, with each submitted pay request Final 10 percent of award amount will be paid upon completion of documentation of all beneficiaries and final monitoring clearance. Retainage will be deducted from each invoice. 1.3 PERIOD OF PERFORMANCE CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 7 SUBRECIPIENT services shall start on October 1, 2022, and end on September 30, 2023 (Term of Agreement). SUBRECIPIENT’s services/activities shall be undertaken and completed considering the purposes of this Agreement. Any Funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to SUBRECIPIENT. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available THIRTY THOUSAND SIX HUNDRED SEVENTY- SEVEN DOLLARS AND SIXTY CENTS ($30,677.60) for use by SUBRECIPIENT during the Term of the Agreement (hereinafter referred to as the Funds). Modifications to the Budget and Scope may only be made if approved in advance. Budgeted Fund shifts between project components shall not exceed 10 percent or signify a change in scope. Fund shifts that exceed 10 percent of a project component shall only be made with Board approval. The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of ESG Funds until needed for eligible costs, and all disbursement requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend Funds only for allowable costs resulting from obligations incurred during the term of this Agreement. If no work has been performed during a month, or if 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 SUBRECIPIENT when requested as work progresses, but not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. COUNTY will pay SUBRECIPIENT Funds available under this Agreement based on information submitted by SUBRECIPIENT and consistent with any approved budget and COUNTY policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by SUBRECIPIENT, not to exceed actual cash requirements. Payments will be adjusted by CHS in accordance with advance Fund and program income balances available in SUBRECIPIENT accounts. In addition, COUNTY reserves the right to liquidate Funds available under this Agreement for costs incurred by COUNTY on behalf of SUBRECIPIENT. Final invoices are due no later than 90 days after the end of the Agreement. Work performed during the term of the Agreement but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. CHS may withhold any pay request 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 or evidence of project inactivity may cause payment suspension of any open pay requests until the required deliverables are received or substantial project progress occurs, as determined CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 8 by CHS. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice, and in compliance with sections 218.70–218.80, Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.” 1.5 MATCH REQUIRED SUBRECIPIENT must match ESG grant funds dollar-for-dollar, pursuant to 24 CFR 576.201. Matching funds shall be provided after the date of the grant award. Funds used to match a previous ESG grant may not be used to match a subsequent grant award. SUBRECIPIENT may comply with its requirement by providing the matching funds from any source, including any Federal source other than the ESG program, as well as State, Local, and private sources. SUBRECIPIENT must ensure the laws governing any Federal funds to be used do not prohibit those funds from being used to match ESG funds. To meet the required match, the matching contributions must meet all requirements that apply to the ESG Funds provided by HUD, as required by 24 CFR 576.201(c). Matching contributions may be in the form of the following: 1. Cash contributions 2. Non-cash contributions calculated per requirements in 24 CFR 576.201(e), including the value of any real property, equipment, goods, or services contributed to SUBRECIPIENT’s ESG program, provided that, if SUBRECIPIENT had to pay for them with grant Funds, the costs would have been allowable. Non-cash contributions may include: a. The purchase value of any donated material or building. SUBRECIPIENT shall determine the value of any donated material or building, or any lease, using a method reasonably calculated to establish a fair market value. b. Match in the form of services provided by individuals must be valued at rates consistent with those ordinarily paid for similar work in SUBRECIPIENT’s organization. If SUBRECIPIENT does not have employees performing similar work, the rates must be consistent with those ordinarily paid by other employers for similar work in the same labor market. 3. Costs paid by program income shall count toward meeting SUBRECIPIENT’s match requirements, provided the costs are eligible ESG costs that supplement the ESG program. 1.6 LEVERAGE FUNDS In some instances, the award provided by COUNTY is not enough to cover the entire cost of the project. Other funds are included and considered to be leveraged funds. Leveraged funds must adhere to all Federal, State and COUNTY rules as it pertains to the project. Leveraged funds must be identified, tracked, and verifiable in the SUBRECIPIENT’s records at monitoring closeout. Leveraged resources must also meet the following criteria to be allowable as leverage: a. Expenditures of leveraged funds or resources are permitted only for eligible activities and allowable costs under the cost principles specified by the OMB Circulars referenced in this Agreement. Expenditures must be necessary and reasonable for proper and efficient accomplishments of project or program objectives. b. Leveraged resources committed on one project may not be used as leverage or match for any other project or program. c. Leveraged resources must represent newly created resources covering expenditures that would not be incurred if the award were not made. CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 9 d. Leveraged resources may not be Federal funds under a different award, except where Federal statute allows their use for cost sharing (such as the Community Development Block Grant program). e. Third-party cash or in-kind contributions offered as leverage require a commitment letter on company letterhead signed by the individual who is in a position to commit the in-kind contribution. The contribution is only allowable if not utilized towards matching dollars. 1.7 COST PRINCIPLES Payments to SUBRECIPIENT are governed by Federal grant management rules for cost allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.7-Cost Principles) of this Agreement, SUBRECIPIENT is defined as described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed specifically to the project(s) 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 Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart E, however the COUNTY is, and may impose requirements upon the Developer to remain compliant with the COUNTY’s obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. 1.8 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, facsimile, or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Carolyn Noble, Grant Coordinator Collier County Government Community and Human Services Division 3339 Tamiami Trail East, Suite 213 Naples, Florida 34112 Email: Carolyn.Noble@colliercountyfl.gov Telephone: (239) 450-5186 SUBRECIPIENT ATTENTION: Linda Goldfield, Executive Director Youth Haven, Inc. 5867 Whitaker Road Naples, FL 34112 CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 10 Email: Linda.Goldfield@youthavenswfl.org Telephone: (239) 687-5155 Remainder of Page Intentionally Left Blank CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 11 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, SUBRECIPIENT shall make available all records, documentation, and any other data relating to all matters covered by the Agreement for review, inspection, or audit. SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after receipt. Failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in withholding of future payments. SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current COUNTY policy concerning SUBRECIPIENT audits. The determination of Federal award amounts expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 576.500 to determine compliance with the requirements of this Agreement, the ESG Program, and all other applicable laws and regulations. This documentation shall include but is not limited to the following: A. All records required by ESG regulations. B. SUBRECIPIENT shall maintain public records that ordinarily and necessarily would be required by COUNTY to perform the service. C. SUBRECIPIENT shall make available at any time upon request by the COUNTY or CHS all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by SUBRECIPIENT for the purpose of this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies, and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. D. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion and in a readily accessible, permanent, and secured location for five (5) years after the date of CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 12 submission of the annual performance and evaluation report, as prescribed in 24 CFR 576.500 (y). However, if any litigation, claim, or audit is started before the expiration date of the five (5) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If SUBRECIPIENT ceases to exist after closeout of this Agreement, it must notify the COUNTY in writing, of the address where the records are to be kept, as outlined in 2 CFR 200.337. SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to the COUNTY, all public records in SUBRECIPIENT’s possession upon termination of the Agreement and destroy any duplicate, exempt, and/or confidential public records that are released from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY’s information technology systems. IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, IT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-2679, Michael.Brownlee@colliercountyfl.gov, 3299 Tamiami Trail E, Naples FL 34112. E. SUBRECIPIENT shall establish and maintain income eligible files on clients served, and documentation that all households are eligible under HUD Income Guidelines. SUBRECIPIENT agrees that CHS shall be the final arbiter on SUBRECIPIENT’s compliance. F. SUBRECIPIENT shall document how it complied with the Program Component(s), as defined in 24 CFR 576.100, and the eligibility requirement(s) under which funding has been received. This includes special requirements such as necessary and appropriate determinations, as defined in 24 CFR 576.100; income certification; and written agreements with beneficiaries, where applicable. G. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records, and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public records that are released from public records disclosure requirements are not disclosed, except as authorized by 2 CFR 200.337 and 2 CFR 200.338. 2.3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit D) no later than 60 days after SUBRECIPIENT’s fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for Subrecipients exempt from Single Audit) after the SUBRECIPIENT’s fiscal year end. The COUNTY will conduct an annual financial and programmatic review. CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 13 SUBRECIPIENT agrees that CHS may carry out no fewer than one annual on-site monitoring visit and evaluation activities, as determined necessary. At the COUNTY’s discretion, a desktop review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. SUBRECIPIENT shall, upon request by CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and allow for completion of its required reports. SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. The COUNTY will monitor the performance of SUBRECIPIENT in an attempt to mitigate fraud, waste, abuse, or nonperformance based on goals and performance standards as stated with all other applicable laws, regulations, and policies governing the Funds provided under this Agreement, further defined by 2 CFR 200.332. Substandard performance, as determined by the COUNTY, will constitute noncompliance with this Agreement. If SUBRECIPIENT does not take corrective action within a reasonable time period after being notified by the COUNTY, Agreement suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, COUNTY, or the COUNTY’s internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal control systems and procedures sufficient to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and provide for proper and effective management of all Program and fiscal activities of the Agreement. SUBRECIPIENT’s internal control systems, all transactions, and other significant events are to be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall give COUNTY complete access to all its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY’s efforts to detect, investigate, and prevent fraud, waste, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement, or any law or regulation, to the COUNTY or any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failure to implement or make acceptable progress on such corrective action plans. To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. The escalation policy for noncompliance is as follows: CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 14 1. Initial noncompliance may result in CHS issuing Findings or Concerns the SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action plan to CHS within 10 business days following issuance of the report. · Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. · CHS will be available to provide Technical Assistance (TA) to SUBRECIPIENT, as needed, to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan in a timely manner, CHS may require a portion of the awarded grant amount to be returned to the COUNTY. · CHS may require SUBRECIPIENT to return upwards of 5 percent of the award amount to the COUNTY, at the discretion of the Board. · SUBRECIPIENT may be denied future consideration as set forth in Resolution No. 2013-228. 3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected and has been informed by CHS of their substantial noncompliance, by certified mail, CHS may require a portion of the awarded grant amount or the amount of the ESG investment for acquisition of the properties conveyed, to be returned to the COUNTY. · CHS may require SUBRECIPIENT to return upwards of 10 percent of the award amount to the COUNTY, at the discretion of the Board. · SUBRECIPIENT will be in violation of Resolution No. 2013-228. 4. If after repeated notification, SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend the Agreement or award be terminated. · CHS will make a recommendation to the Board for immediate termination of the Agreement. SUBRECIPIENT will be required to repay all Funds disbursed by the COUNTY for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. · SUBRECIPIENT will be in violation of Resolution No. 2013-228. If SUBRECIPIENT has multiple agreements with CHS and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board’s discretion. 2.6 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 15 Agreement, as deemed necessary by the County Manager or designee. Reports showing lack of project activity may result in withholding of payment or issuance of a Notice of Noncompliance. During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January, April, July, and October, respectively, for the prior quarter period end. As part of the report submitted in October, SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities, and expenditures including but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit C, which contains a sample reporting form to be used in fulfillment of this requirement. Additionally, all leveraged funds utilized in support of this project will be submitted on Exhibit C-1 as part of the final report. Other reporting requirements may be imposed by the County Manager or designee in the event of Program changes, the need for additional information or documentation arises, and/or if legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. Remainder of Page Intentionally Left Blank CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 16 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY’s sole discretion and judgment. 3.2 GENERAL COMPLIANCE SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 576, the U.S. Housing and Urban Development regulations concerning the HEARTH Act. SUBRECIPIENT also agrees to comply with all other applicable Federal, State, and Local laws, regulations, and policies governing the Funds provided under this Agreement. SUBRECIPIENT further agrees to utilize Funds available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. SUBRECIPIENT shall always remain an “independent contractor” with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers’ Compensation Insurance as the SUBRECIPIENT is independent from the COUNTY. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY’s 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, at its discretion, amend this Agreement to conform with Federal, State, or governmental guidelines, policies, available funding amounts, or other reasons. If such amendments result in a change in the funding, scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from HUD ESG grant funds and must be implemented in full compliance with all of HUD’s rules and regulations and any agreement between COUNTY and HUD governing ESG Funds pertaining to this Agreement. In the event of curtailment or non-production of said Federal Funds, the financial sources necessary to continue to pay SUBRECIPIENT all or any portion of the Funds will not be available. In that event, the CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 17 COUNTY may terminate this Agreement, which shall be effective as of the date that it is determined by the County Manager or designee, in his or her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act or omission, including but not limited to reasonable attorneys’ and paralegals’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith, shall defend all suits in the name of the COUNTY, and shall pay all costs (including attorney’s fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of 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 COUNTY RECOGNITION/SPONSORSHIPS 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 prepared, and released by SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: “FINANCED IN PART BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION” and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team, as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.340, this Agreement may be terminated for convenience by either the COUNTY or 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. CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 18 However, in the case of a partial termination, if the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. This Agreement may also be terminated by the COUNTY if the award no longer effectuates the program goals or grantor agency priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as may become applicable at any time B. Failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner C. Ineffective or improper use of Funds provided under this Agreement D. Submission of reports to the COUNTY that are incorrect or incomplete in any material respect E. Submission of any false certification F. Failure to materially comply with any terms of this Agreement G. Failure to materially comply with the terms of any other agreement between the COUNTY and SUBRECIPIENT, relating to the Project In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part B. Require the use of or change in professional property management C. Require SUBRECIPIENT to immediately repay to the COUNTY all ESG Funds that it received under this Agreement D. Apply sanctions, if determined by the COUNTY to be applicable E. Stop all payments until identified deficiencies are corrected F. Terminate this Agreement, by giving written notice to SUBRECIPIENT specifying the effective date of such termination. If the Agreement is terminated by the COUNTY as provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 19 3.9 SUSPENSION AND DEBARMENT SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by 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 12549 (1986) and 12689 (1989), Suspension and Debarment and 2 CFR 200.214, as further detailed in Section 4.18. 3.10 REVERSION OF ASSETS In the event of a termination or upon expiration of the Agreement, in addition to any and all other remedies available to the COUNTY (whether under this Agreement, or at law or in equity), SUBRECIPIENT shall immediately transfer to the COUNTY any Funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of ESG Funds. The COUNTY’s receipt of any Funds on hand at the time of termination shall not waive the COUNTY’s right (nor excuse SUBRECIPIENT’s obligation) to recoup all or any portion of the Funds, as the COUNTY may deem necessary. Regulations regarding real property and equipment are subject to 2 CFR 200.311. 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement, until all required insurance, as outlined in Exhibit A and 2 CFR 200.310 has been obtained. Said insurance shall be carried continuously during SUBRECIPIENT’s performance under the Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200 et seq), and the Federal regulations for the Emergency Solutions Grant. (24 CFR 576 et seq.) 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards at (2 CFR 200.318 through 200.327) and Collier County’s Procurement Ordinance #2017-08, as amended. Current purchasing thresholds are: Range: Competition Required $0 - $50,000 3 Written Quotes $50,001+ Formal Solicitation (ITB, RFP, etc.) All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or be put out to competitive bidding, under a procedure acceptable to the COUNTY and Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest, responsible, CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 20 and qualified bidder. Contract administration shall be conducted by SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. In accordance with 2 CFR 200.322, 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. 3.14 PROGRAM-GENERATED INCOME No Program Income is anticipated. However, if Program Income is derived from the use of ESG Funds disbursed under this Agreement, such Program Income shall be used by the SUBRECIPIENT for an eligible ESG project activity approved by the COUNTY. Any Program Income (as such term is defined under applicable Federal regulations) gained from any SUBRECIPIENT activity funded by ESG shall be reported to the COUNTY through an annual Program Income Re-use Plan, utilized by SUBRECIPIENT accordingly, and shall be compliant with 2 CFR 200.307 and 24 CFR 576.201(f). When Program Income is generated by an activity that is only partially funded with ESG Funds, the income shall be prorated to reflect the percentage of ESG Funds used. If there is a Program Income balance at the end of the Program Year, such balance shall revert to the COUNTY’s ESG Program, for further reallocation. 3.15 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT’s obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in section 2.2 (Records and Documentation) of this Agreement, SUBRECIPIENT shall comply with section 119.021 Florida Statutes regarding records maintenance, preservation, and retention. A conflict between State and Federal records retention requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. Any balance of unobligated Funds 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 Statutes, the Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.344 and ensure all Federal grant requirements have been completed. 3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE SUBRECIPIENT agrees that no person shall be excluded from the benefits of or be subjected to discrimination under any activity carried out by the performance of this Agreement based on race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 21 To the greatest extent feasible, homeless individuals have priority over other Section 3 residents, in accordance with 24 CFR 576.405(c). Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u), and implementing regulations at 24 CFR Part 75 requires that, to the greatest extent practicable, employment and economic opportunities be directed to low- and very low-income residents of the area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area (as defined in 42 U.S.C. 5302(a)) in which the project is located. To the maximum extent practicable, SUBRECIPIENT shall involve homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under ESG, providing services assisted under ESG, and providing services for occupants of facilities assisted under ESG. This involvement may include employment or volunteer services. Section 3 is relative to any of the SUBRECIPIENT’s subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968 and certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES SUBRECIPIENT will use its best efforts to afford small businesses and minority and women’s business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and “minority and women’s business enterprise” means a business that is at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, “minority group members” are Black Americans, Hispanic Americans, Asian/Pacific Americans, Native Americans, and Hasidic Jews. . 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 As defined by 24 CFR 576.2, 100 percent of the beneficiaries receiving ESG Funding through this Agreement must be homeless or at risk of homelessness. Income eligibility of beneficiaries will be validated by reviewing supporting documentation, during any interim and/or closeout monitoring. 3.19 AFFIRMATIVE ACTION PLAN SUBRECIPIENT agrees that it is committed to carrying 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. Prior to the award of Funds, SUBRECIPIENT shall submit to the COUNTY for approval, a plan for an Affirmative Action Program. If the Affirmative Action Plan is updated during the Performance Period of this Agreement, the updated plan must be submitted to the COUNTY within 60 days of any update/modification. SUBRECIPIENT’s contracting officer will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising the labor CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 22 union or worker’s representative of SUBRECIPIENT’s commitments hereunder and shall post copies of the notice in conspicuous places available to all employees and applicants for employment. 3.20 CONFLICT OF INTEREST SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement, and that no person having any conflict of interest shall be employed or subcontracted by SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 576.404 “Conflict of Interest,” 2 CFR 200.318, Florida Statute 287.057 and any additional State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled, in whole or in part, by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY’s sole discretion. This provision is not intended to limit SUBRECIPIENT’s ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of SUBRECIPIENT, its employees, or its contractors shall be disclosed, in writing to CHS provided however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low- and moderate-income residents of the project target area. 3.21 EMERGENCY SHELTERS Any emergency shelter that receives assistance for shelter operations must also meet minimum safety, sanitation, and privacy standards (Exhibit E), as required by 24 CFR 576.403(b). 3.22 PERMANENT HOUSING Housing that program participants who receive ESG assistance to remain or move into must meet the minimum habitability standards (Exhibit F) provided in 24 CFR 576.403(c) and all applicable State and Local housing codes, licensing requirements, and any other requirements in the jurisdiction in which the housing is located regarding the condition of the structure and the operation of the housing. 3.23 COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS SUBRECIPIENT must document its compliance with the requirements of 24 CFR 576.400(a) for consulting with the Continuum of Care and coordinating and integrating ESG assistance with programs targeted toward homeless people and mainstream service and assistance programs (Exhibit G). CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 23 3.24 HOMELESS PARTICIPATION SUBRECIPIENT must document its compliance with homeless participation requirements under 24 CFR 576.405(c). 3.25 BYRD ANTI-LOBBYING AMENDMENT Each tier certifies that the tier above it will not, and has not, used Federally appropriated Funds to pay any person or organization for influencing or attempting to influence the award of Federal Funds, as covered by 31 USC 1352, and more fully described in Section 4.53 of this Agreement. Contractors who apply or bid for an award of $100,000 or more shall file the required certification. 3.26 CENTRALIZED OR COORDINATED ASSESSMENT SYSTEMS AND PROCEDURES SUBRECIPIENT must maintain documentation evidencing the use of and written intake procedures for the centralized or coordinated assessment system(s) developed by the Continuum of Care, in accordance with the requirements established by HUD and identified in 24 CFR 576.500(g). 3.27 CONDITIONS FOR RELIGIOUS ORGANIZATIONS ESG Funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 576.406. SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment and will not limit or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services and will not limit such services or give preference to persons based on religion. C. It will retain its independence from Federal, State, and Local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that it does not use direct ESG Funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. The Funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, ESG Funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to ESG Funds in this part. Sanctuaries, chapels, or other rooms that an ESG Funded religious congregation uses as its principal place of worship, however, are ineligible for ESG Funded improvements. CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 24 3.28 INCIDENT REPORTING If SUBRECIPIENT provides client services under this Agreement, SUBRECIPIENT and any of its subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person. 3.29 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such determination shall not affect the validity or enforceability of any other section or part thereof. 3.30 MISCELLANEOUS SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. SUBRECIPIENT represents and warrants that the financial data, reports, and other information it furnished to the COUNTY regarding the Project are accurate and complete, and financial disclosures fairly represent the financial position of SUBRECIPIENT. SUBRECIPIENT certifies that it has the legal authority to receive the Funds under this Agreement and its governing body has authorized the execution and acceptance of this Agreement. SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind the SUBRECIPIENT to the terms of this Agreement. The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida, without giving effect to its provisions regarding choice of laws. All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all applicable Federal, State, and Municipal laws, ordinances, regulations, orders, and guidelines, including but not limited to any applicable regulations issued by CHS. Electronic Signatures. This Agreement, and related documents entered into in connection with this Agreement, are signed when a party’s signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. 3.31 WAIVER The COUNTY’S failure to act with respect to a breach by SUBRECIPIENT does not waive its right to act with respect to subsequent or similar breaches. The COUNTY’S failure to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 25 PART IV GENERAL PROVISIONS 4.1 24 CFR Part 576 Emergency Solutions Grants Program, as amended – All regulations regarding the ESG Program. eCFR: 24 CFR Part 576 -- Emergency Solutions Grants Program 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. https://www.ecfr.gov/cgi-bin/text- idx?SID=1acdb92f3b05c3f285dd76c26d14f54e&mc=true&node=pt24.1.58&rgn=div5 4.3 Section 104(d) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended Section 109 of the HCD Act of 1974 | HUD.gov / U.S. Department of Housing and Urban Development (HUD) Section 104(d) of the Housing and Community Development Act of 1974, as amended (see 42 USC 5304(d)) - HUD Exchange 4.4 Title VI of the Civil Rights Act of 1964 as amended, https://www.hud.gov/programdescription/title6 Title VIII of the Civil Rights Act of 1968, as amended 4.5 24 CFR 576.407 - The regulations issued pursuant to 24 CFR 5.105(a) and Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. eCFR: 24 CFR 576.407 -- Other Federal requirements. eCFR: 24 CFR 5.105 -- Other Federal requirements. 4.6 Executive Order 11246 (“Equal Employment Opportunity”), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended 4.7 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. Title VII of the Civil Rights Act of 1964 | U.S. Equal Employment Opportunity Commission (eeoc.gov) 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 CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 26 assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. eCFR :: 24 CFR Part 75 -- Economic Opportunities for Low- and Very Low-Income Persons 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.” Section 3 requires 25 percent of the total labor hours must be worked by Section 3 workers and 5 percent of the total labor hours must be worked by Targeted Section 3 workers. If the SUBRECIPIENT is unable to meet these benchmarks, efforts taken to meet the requirements must be described. Examples include job fairs held, on the job training conducted, outreach efforts to public housing residents, and connecting residents to supportive services. SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. https://www.hud.gov/sites/documents/DOC_12047.PDF 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 4.9 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https://www.law.cornell.edu/uscode/text/42/chapter-76 11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.htm 11375: Amended by EO 11478 11478: https://www.archives.gov/federal-register/codification/executive-order/11478.html 12107:https://www.archives.gov/federal-register/codification/executive-order/12107.html CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 27 12086:https://www.archives.gov/federal-register/codification/executive-order/12086.html 4.10 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. https://www.govregs.com/regulations/expand/title24_part5_subpartA_section5.106 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. https://www.dol.gov/whd/regs/statutes/safe01.pdf 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), and 24 CFR 570.614 Subpart K. Section 504: https://www.epa.gov/ocr 29 USC 776: https://law.onecle.com/uscode/29/776.html 24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudap 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.fhwa.dot.gov/real_estate/uniform_act/index.cfm 4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all construction contracts funded by CDBG. Davis-Bacon Act: 42 USC 276a to 40 USC 276a: https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40-section276a- 7&num=0&edition=1999 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States https://www.law.cornell.edu/cfr/text/29/part-3 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) https://www.law.cornell.edu/cfr/text/29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. https://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.16 As a supplement to the Davis-Bacon Act requirements, the SUBRECIPIENT agrees to comply with the “Copeland Anti-Kickback Act,” which prohibits the SUBRECIPIENT, its contractors, or subcontractors from inducing an employee to relinquish any part of his/her compensation, under the Federally Funded contract. 18 U.S.C. 874 https://www.govinfo.gov/content/pkg/USCODE-2010-title18/pdf/USCODE-2010- title18.pdf 40 U.S.C. 276c https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40- section276c&num=0&edition=1999 CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 28 4.17 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. https://www.archives.gov/federal-register/codification/executive-order/11625.html 4.18 SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 576.407, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 24 CFR 576.407: https://www.ecfr.gov/cgi-bin/text- idx?c=ecfr;sid=dc4c2f93cdadf08974315fa2bfdf4cec;rgn=div5;view=text;node=24%3A3.1.1.3.8;i dno=24;cc=ecfr E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm 4.19 Public Law 100-430 - the Fair Housing Amendments Act of 1988. https://www.ncbi.nlm.nih.gov/pubmed/12289709 4.20 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. https://www.hud.gov/sites/documents/DOC_7771.PDF https://www.justice.gov/crt/fair-housing-act-1 Executive Order 11063 – Equal Opportunity in Housing https://www.archives.gov/federal- register/codification/executive-order/11063.html Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs https://www.archives.gov/federal-register/codification/executive-order/12259.html 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O. https://www.law.cornell.edu/cfr/text/24/part-107 4.21 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl 4.22 2 CFR 216 – Prohibition on certain telecommunications and video surveillance services or equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or grant funds to: 1) procure or obtain funds; 2) extend or renew a contract to procure or obtain; or 3) enter into an contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use(s) covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. 4.23 Immigration Reform and Control Act of 1986 https://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html 4.24 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 29 COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes- https://www.lawserver.com/law/state/florida/statutes/florida_statutes_chapter_112_part_iii Collier County- http://www.colliergov.net/home/showdocument?id=35137 4.25 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner’s discretion. 4.26 Venue - Any suit of action brought by either party to this Agreement against the other party, relating to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.27 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY’s staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. https://www.flsenate.gov/Laws/Statutes/2012/44.102 4.28 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE- 2010-title42/html/USCODE-2010-title42-chap85.htm https://www.law.cornell.edu/uscode/text/42/chapter-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.govinfo.gov/content/pkg/USCODE-2011-title33/pdf/USCODE-2011-title33- chap26.pdf https://www.law.cornell.edu/uscode/text/33/chapter-26 4.29 Section 6002 of the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act and regarding those items identified in 40 CFR Part 247 of the EPA guidelines CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 30 https://www.epa.gov/enforcement/resource-conservation-and-recovery-act-rcra-and-federal- facilities https://www.law.cornell.edu/cfr/text/40/247.1 4.30 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. https://www.law.cornell.edu/cfr/text/24/570.605 4.31 SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to the HUD Lead- Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. Lead-Based Paint - HUD Exchange 4.32 SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. https://www.achp.gov/sites/default/files/regulations/2017-02/regs-rev04.pdf In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State or Local historic property list. 4.33 SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). https://www.gpo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-title41-chap10- sec701 4.34 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 SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in Executive order 12549. https://www.archives.gov/federal-register/codification/executive-order/12549.html 4.35 SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200, et seq. 4.36 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT’s fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 31 Section 500. Subrecipients exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT’s fiscal year. Per 2 CFR 200.344, if this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. https://www.ecfr.gov/cgi-bin/text- idx?SID=5a78addefff9a535e83fed3010308aef&mc=true&node=se2.1.200_1344&rgn=div8 4.37 Any real property acquired by SUBRECIPIENT for carrying out the projects stated herein and approved by the COUNTY, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24, shall be subject to the provisions of 24 CFR 576.408 including, but not limited to, the provisions on use and disposition of property. A displaced person must be advised of his or her rights under the Fair Housing Act (42 U.S.C. 3601 et seq.). This policy does not require providing a person a larger payment than is necessary to enable a person to relocate to a comparable replacement dwelling (See 49 CFR 24.505(c)(2)(ii)(D). https://www.gpo.gov/fdsys/granule/CFR-2009-title49-vol1/CFR-2009-title49-vol1-part24 4.38 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&UR L=0200-0299/0287/Sections/0287.133.html 4.39 No Federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.40 SUBRECIPIENT agrees that no funds provided, nor personnel employed under the Agreement shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. (Hatch Act). https://www.gpo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-title41-chap10- sec701/content-detail.html CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 32 4.41 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. https://www.gsa.gov/portal/content/104877 4.42 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in §5.100, required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. eCFR: 24 CFR Part 214 Subpart D -- Program Administration https://www.law.cornell.edu/cfr/text/24/5.111 4.43 Unaccompanied youth under 25 years of age, or families with children and youth who do not otherwise qualify as homeless under the definition of homeless in 24 CFR 576.2, but who are defined under Section 387(3) of the Runaway and Homeless Youth Act (42 U.S.C. 5732a(3)), Section 637(11) of the Head Start Act 42 U.S,C. 9832(11)), Section 41403(6) of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-2(6)), Section 330(h)(5)(A) of the Public Health Service Act (42 U.S.C. 254b(h)(5)(A)), Section 3(m) of the Food and Nutrition Act of 2008 7 U.S.C.2012(m)), Section 17(b)(15) of the Child Nutrition Act of 1966 (U.S.C. 1786 (b)(15)), Section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)) https://www.federalregister.gov/documents/2016/12/20/2016-30241/runaway-and-homeless- youth 4.44 HUD Final Rule – Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. https://www.federalregister.gov/documents/2016/11/16/2016-25888/violence-against-women- reauthorization-act-of-2013-implementation-in-hud-housing-programs 4.45 Any rule or regulation determined to be applicable by HUD. 4.46 Florida Statutes section 448.095 Employment Eligibility. Per Florida Statutes section 448.095(3), all Florida private employers are required to verify employment eligibility for all new hires beginning January 1, 2021. Eligibility determination is not required for continuing employees hired prior to January 1, 2021. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400- 0499/0448/0448.html 4.47 Florida Statutes section 713.20, Part 1, Construction Liens https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700- 0799/0713/0713.html 4.48 Florida Statutes section 119.021 Records Retention http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100- 0199/0119/Sections/0119.021.html CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 33 4.49 Florida Statutes section 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0100- 0199/0119/Sections/0119.071.html 4.50 Limited English Proficiency: SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at http://www.lep.gov. 4.51 Equal Treatment of Faith-Based Organizations: By regulation, HUD prohibits all recipient organizations from using financial assistance from HUD to fund explicitly religious activities. SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see https://ojp.gov/about/ocr/partnerships.htm. Discrimination based on religion in employment is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on a case-by-case basis to allow some faith-based organizations to receive HUD funds while taking into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights. 4.52 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. SUBRECIPIENT agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See https://ojp.gov/about/ocr/pdfs/UseofConviction_Advisory.pdf for more details. 4.53 Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352): 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. SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. 4.54 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds. 18 U.S. Code § 1001 - Statements or entries generally | U.S. Code | US Law | LII / Legal Information Institute (cornell.edu) CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 34 Beneficiaries are subject to this False Claims Act that include the following: 31 U.S.C. 3729 - False claims - Document in Context - USCODE-2010-title31-subtitleIII-chap37-subchapIII-sec3729 (govinfo.gov) 31 U.S. Code § 3729 - False claims | U.S. Code | US Law | LII / Legal Information Institute (cornell.edu) 4.55 Political Activities Prohibited: None of the funds provided directly or indirectly under this Agreement shall be used for any political activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor any funds provided hereunder shall be utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. 4.56 Text Messaging: Pursuant to Executive Order 13513, “Federal Leadership on Reducing Text Messaging While Driving,” 74 Federal Register 51225 (October 1, 2009), HUD encourages recipients and subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by HUD and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 4.57 Trafficking in Persons: 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 SUBRECIPIENT and any employees of SUBRECIPIENT. The details of the SUBRECIPIENT’s obligations related to prohibited conduct related to the trafficking of persons are posted at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm. 4.58 Association of Community Organizations for Reform Now (ACORN): SUBRECIPIENT understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of OJP. 4.59 If SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under this funding agreement, SUBRECIPIENT must comply with the requirements of 37 CFR Part 401, “Rights of Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements,” and any implementing regulations issued by HUD. https://www.ecfr.gov/cgi- bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de761dc64c0&mc=true&n=pt37.1.401&r =PART&ty=HTML Signature Page to Follow CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 35 IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: CRYSTAL K. KINZEL, CLERK , Deputy Clerk Dated: (SEAL) AS TO THE COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: William L. McDaniel, Jr., Chairman Date: WITNESSES: Witness #1 Signature Witness #1 Printed Name Witness #2 Signature Witness #2 Printed Name AS TO SUBRECIPIENT: YOUTH HAVEN, INC. By: LINDA GOLDFIELD, EXECUTIVE DIRECTOR Date: [Please provide evidence of signing authority] Approved as to form and legality: Derek D. Perry Assistant County Attorney Date: DDP 5/23/22 CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 36 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. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 – 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder’s Risk Insurance on an “All Risk” basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area 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). CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 37 OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract. 7. Workers’ Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an “All Risk” basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A (As Their Interest May Appear). 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee with respect to this coverage A.T.I.M.A. CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 38 EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: YOUTH HAVEN, INC. SUBRECIPIENT Address: 5867 Whitaker Road, Naples, FL 34112 Project Name: Shelter Personnel Project No: ES22-02 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 $14,999 and below) Division Director (Approval Required $15,000 and above) CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 39 EXHIBIT B-1 Match Form Collier County Request for Match SECTION I: REQUEST FOR PAYMENT Subrecipient Name: YOUTH HAVEN, INC. Subrecipient Address: 5867 Whitaker Road, Naples, FL Project Name: Shelter Personnel Project No: ES22-02 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 (Insert Amount) $0.00 3. Total Match Amount Awarded Per Agreement Less Total Amount of Previous Match Submitted $0.00 4. Amount of Today’s Request (Insert Amount) $0.00 5. Match Balance (Match per Agreement less the Sum of All Match Submitted) $0.00 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 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 CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 40 EXHIBIT C Emergency Solutions Grants (ESG) Quarterly Performance Report Subrecipient Name: YOUTH HAVEN, INC. Report Period: Fiscal Year: Contract Number: ES22-02 Organization/s: Program/s: Shelter Personnel Contact Name: Contact Number: Activity Reporting Period Report Due Date October 1st – December 31st January 10th January 1st – March 31st April 10th April 1st – June 30th July 10th July 1st – September 30th October 10th Characteristics Report 1. Report Selection Criteria 2. Number of adults and children served: a. Residential Quarter YTD Number of Adults Number of Children Number of Unknown Age b. Non-Residential Number of Adults Number of Children Number of Unknown Age Ethnicity Quarter YTD Race Non- Hispanic Hispanic Non- Hispanic Hispanic White Black/African American Asian American Indian/Alaskan Native Native Hawaiian/Other Pacific Islander Other/Multi-Racial CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 41 3. Number of individuals/families served, by categories: Quarter YTD a. Number of individual households (singles) Male Female Male Female Unaccompanied 18 and over Unaccompanied 17 and under Quarter YTD b. Number of Families with children Male Female Male Female Headed by single 18 and over Headed by single 17 and under Headed by two parents 18 and over Headed by two parents 17 and under Number of Families with no children TOTAL 4. Total project(s)/service(s) provided to clients in range: Quarter YTD a. emergency shelter facilities shelter b. vouchers for shelters c. drop-in center d. food pantry e. mental health f. alcohol/drug g. childcare h. employment i. transitional j. outreach k. soup kitchen/meal distribution l. health care m. HIV/AIDS services n. other (please list) TOTAL 5. Number of clients served by sub population (duplicated count): Quarter YTD a. Chronically Homeless b. Victims of Domestic Violence c. Elderly d. Veterans e. Individuals with HIV/AIDS f. Chronic Substance Abuse (alcohol and/or drug) g. Severely Mentally Ill h. Runaway / throwaway youth i. Other disability (Physical and/or Developmental) TOTAL CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 42 (Chronically Homeless- HUD definition of a chronically homeless person is an unaccompanied homeless individual with a disabling condition who has either: 1) been continuously homeless for a year a more, or 2) has had at least four episodes of homelessness in the past three years.) 6. Clients housed by shelter type: Quarter YTD Barracks Group/Large House Scattered Site Apartment Single Family Detached House Single Room Occupancy Mobile Home/Trailer Hotel/Motel Other Apartment/Complex Other Single-Family Duplex Other TOTAL I hereby certify the above information is true and accurate. Signature: Date: Printed Name: Title: Your typed name here represents your electronic signature. CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 43 EXHIBIT C-1 Emergency Solutions Grants (ESG) Leveraged Funds Report Leveraged Funds must be identified, tracked, and verifiable. Resources must be fully identified and described as submitted with SUBRECIPIENT’s application. Subrecipient Name: YOUTH HAVEN, INC Report Period: Fiscal Year: Contract Number: ES22-02 Program: Shelter Personnel Contact Name: Contact Number: Leveraged Funds See EXAMPLE below for how to complete this form. Source Amount Type Use Total Project Cost Ratio: EXAMPLE Source Amount Type Use CDBG $1,000,000 Other Federal Funds Land Acquisition HOME $870,000 Federal Funds Infrastructure Private Donation $1,200,000 Cash & In-Kind Infrastructure Philanthropic $3,500,000 Cash – local funds 52 units Affordable Housing Total Project Cost $6,570,000 Ratio: $1 Federal Dollar $2.51 Local Funds Signature Page to Follow CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 44 I hereby certify the above information is true and accurate. Signature: Date: Printed Name: Title: Your typed name here represents your electronic signature. CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 45 EXHIBIT D 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 YOUTH HAVEN, INC. First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year (MM/DD/YY) Total Federal Financial Assistance Expended during most recently completed Fiscal Year Total State Financial Assistance Expended during most recently completed Fiscal Year $ $ Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by ______________. Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: Did not exceed the expenditure threshold for the fiscal year indicated above Are a for-profit organization Are exempt for other reasons – explain_________________________________ An audited financial statement is attached and if applicable, the independent auditor’s management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title 06/18 CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 46 EXHIBIT E EMERGENCY SHELTERS Minimum Standards The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for Emergency Shelters, as applicable: 24 CFR 576.403(b): Minimum standards for emergency shelters. Any building for which Emergency Solutions Grant (ESG) funds are used for conversion, major rehabilitation, or other renovations, must meet State or Local government safety and sanitation standards, as applicable, and the following minimum safety, sanitation, and privacy standards. Any emergency shelter that receives assistance for shelter operations must also meet the following minimum safety, sanitation, and privacy standards. The COUNTY may also establish standards that exceed or add to these minimum standards. (1) Structure and materials. The shelter building must be structurally sound to protect residents from the elements and not pose any threat to health and safety of the residents. Any renovation (including major rehabilitation and conversion) carried out with ESG assistance must use Energy Star and WaterSense products and appliances. (2) Access. The shelter must be accessible in accordance with Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; the Fair Housing Act (42 U.S.C. 360, et seq.) and implementing regulations at 24 CFR part 100; and Title II of the Americans with Disabilities Act (42 U.S.C. 12131, et. Seq.) and 28 CFR part 35; where applicable. (3) Space and security. Except where the shelter is intended for day use only, the shelter must provide each program participant in the shelter with an acceptable place to sleep and adequate space and security for themselves and their belongings. (4) Interior air quality. Each room or space within the shelter must have a natural or mechanical means of ventilation. The interior air must be free of pollutants at a level that might threaten or harm the health of residents. (5) Water supply. The shelter’s water supply must be free of contamination. (6) Sanitary facilities. Each program participant in the shelter must have access to sanitary facilities that are in proper operating condition, are private, and are adequate for personal cleanliness and the disposal of human waste. (7) Thermal environment. The shelter must have any necessary heating/cooling facilities in proper operating condition. (8) Illumination and electricity. The shelter must have adequate natural or artificial illumination to permit normal indoor activities and support health and safety. There must be sufficient electrical sources to permit the safe use of electrical appliances in the shelter. (9) Food preparation. Food preparation areas, if any, must contain suitable space and equipment to store, prepare, and serve food in a safe and sanitary manner. (10) Sanitary conditions. The shelter must be maintained in a sanitary condition. (11) Fire safety. There must be at least one working smoke detector in each occupied unit of the shelter. Where possible, smoke detectors must be located near sleeping areas. The fire alarm system must be designed for hearing-impaired residents. All public areas of the shelter must have at least one working smoke detector. There must also be a second means of exiting the building in the event of fire or other emergency. CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 47 EXHIBIT F PERMANENT HOUSING The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for Permanent Housing, as applicable: 24 CFR 576.403(c): Minimum standards for permanent housing. The SUBRECIPIENT cannot use ESG funds to help a program participant remain or move into housing that does not meet the minimum habitability standards provided in this paragraph. The COUNTY may also establish standards that exceed or add to these minimum standards. (1) Structure and materials. The structures must be structurally sound to protect residents from the elements and not pose any threat to health and safety of the residents. (2) Space and security. Each resident must be provided adequate space and security for themselves and their belongings. Each resident must be provided an acceptable place to sleep. (3) Interior air quality. Each room or space must have a natural or mechanical means of ventilation. The interior air must be free of pollutants at a level that might threaten or harm the health of residents. (4) Water supply. The water supply must be free of contamination. (5) Sanitary facilities. Residents must have access to sanitary facilities that are in proper operating condition, are private, and are adequate for personal cleanliness and the disposal of human waste. (6) Thermal environment. The housing must have any necessary heating/cooling facilities in proper operating condition. (7) Illumination and electricity. The structure must have adequate natural or artificial illumination to permit normal indoor activities and support health and safety. There must be sufficient electrical sources to permit the safe use of electrical appliances in the structure. (8) Food preparation. All food preparation areas must contain suitable space and equipment to store, prepare, and serve food in a safe and sanitary manner. (9) Sanitary conditions. The housing must be maintained in a sanitary condition. (10) Fire safety. There must be at least one working smoke detector on each occupied level of the residences. Where possible, smoke detectors must be located near sleeping areas. The fire alarm system must be designed for hearing-impaired residents. All public areas of the housing must have at least one working smoke detector. Public areas include, but are not limited to, laundry rooms, community rooms, hallways, stairwells, and other common areas. There must be a second means of exiting the building in the event of fire or other emergency. CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 48 EXHIBIT G COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must adhere to 24 CFR 576.400 and coordinate with the Continuum of Care and other programs. (a) Consultation with the Continuum of Care. The SUBRECIPIENT and COUNTY must consult with the Continuum of Care to determine how to allocate ESG funds each program year; develop the performance standards for, and evaluate the outcomes of, projects and activities assisted by ESG funds; and develop funding, policies, and procedures for the administration and operation of the HMIS. (b) Coordination with other targeted homeless services. The SUBRECIPIENT and COUNTY must coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community-wide system to prevent and end homelessness for that area. These programs include: (1) Shelter Plus Care Program (24 CFR part 582) (2) Supportive Housing Program (24 CFR part 583) (3) Section 8 Moderate Rehabilitation Program for Single Room Occupancy Program for Homeless Individuals (24 CFR part 882) (4) HUD-Veterans Affairs Supportive Housing (HUD–VASH) (division K, title II, Consolidated Appropriations Act, 2008, Pub. L. 110–161 (2007), 73 FR 25026 (May 6, 2008)) (5) Education for Homeless Children and Youth Grants for State and Local Activities (title VII– B of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq. )) (6) Grants for the Benefit of Homeless Individuals (section 506 of the Public Health Services Act (42 U.S.C. 290aa–5) (7) Healthcare for the Homeless (42 CFR part 51c) (8) Programs for Runaway and Homeless Youth (Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.)) (9) Projects for Assistance in Transition from Homelessness (part C of title V of the Public Health Service Act (42 U.S.C. 290cc–21 et seq.)) (10) Services in Supportive Housing Grants (section 520A of the Public Health Service Act) (11) Emergency Food and Shelter Program (title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331 et seq.)) (12) Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program (section 40299 of the Violent Crime Control and Law Enforcement Act (42 U.S.C. 13975)) (13) Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless Veterans Comprehensive Assistance Act (38 U.S.C. 2021)) (14) Domiciliary Care for Homeless Veterans Program (38 U.S.C. 2043) (15) VA Homeless Providers Grant and Per Diem Program (38 CFR part 61) (16) Health Care for Homeless Veterans Program (38 U.S.C. 2031) (17) Homeless Veterans Dental Program (38 U.S.C. 2062) (18) Supportive Services for Veteran Families Program (38 CFR part 62) (19) Veteran Justice Outreach Initiative (38 U.S.C. 2031) CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 49 (c) System and program coordination with mainstream resources. The SUBRECIPIENT and COUNTY must coordinate and integrate, to the maximum extent practicable, ESG-funded activities with mainstream housing, health, social services, employment, education, and youth programs for which families and individuals at risk of homelessness and homeless individuals and families may be eligible. Examples of these programs include: (1) Public housing programs assisted under Section 9 of the U.S. Housing Act of 1937 (42 U.S.C. 1437g) (24 CFR parts 905, 968, and 990) (2) Housing programs receiving tenant-based or project-based assistance under Section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f) (respectively 24 CFR parts 982 and 983) (3) Supportive Housing for Persons with Disabilities (Section 811) (24 CFR part 891) (4) HOME Investment Partnerships Program (24 CFR part 92) (5) Temporary Assistance for Needy Families (TANF) (45 CFR parts 260–265) (6) Health Center Program (42 CFR part 51c) (7) State Children's Health Insurance Program (42 CFR part 457) (8) Head Start (45 CFR chapter XIII, subchapter B) (9) Mental Health and Substance Abuse Block Grants (45 CFR part 96) (10) Services funded under the Workforce Investment Act (29 U.S.C. 2801 et seq.) (d) Centralized or coordinated assessment. Once the Continuum of Care has developed a centralized assessment system or a coordinated assessment system in accordance with requirements to be established by HUD, each ESG-funded program or project within the Continuum of Care's area must use that assessment system. The COUNTY and SUBRECIPIENT must work with the Continuum of Care to ensure the screening, assessment, and referral of program participants is consistent with the written standards required by paragraph (e) of this section. A victim service provider may choose not to use the Continuum of Care's centralized or coordinated assessment system. (e) Written standards for providing ESG assistance. The SUBRECIPIENT must have written standards for providing ESG assistance and must consistently apply those standards for all program participants. At a minimum, these written standards must include: (1) Standard policies and procedures for evaluating individuals' and families' eligibility for assistance under ESG. (2) Standards for targeting and providing essential services related to street outreach. (3) Policies and procedures for admission, diversion, referral, and discharge by emergency shelters assisted under ESG, including standards regarding length of stay, if any, and safeguards to meet the safety and shelter needs of special populations, e.g., victims of domestic violence, dating violence, sexual assault, and stalking; and individuals and families who have the highest barriers to housing and are likely to be homeless the longest. (4) Policies and procedures for assessing, prioritizing, and reassessing individuals' and families' needs for essential services related to emergency shelter. (5) Policies and procedures for coordination among emergency shelter providers, essential services providers, homelessness prevention, and rapid re-housing assistance providers; other homeless assistance providers; and mainstream service and housing providers (see §576.400(b) and (c) for a list of programs with which ESG-funded activities must be coordinated and integrated to the maximum extent practicable). CAO Youth Haven, Inc ES22-02 Shelter Personnel Page 50 (6) Policies and procedures for determining and prioritizing which eligible families and individuals will receive homelessness prevention assistance and which eligible families and individuals will receive rapid re-housing assistance. (7) Standards for determining what percentage or amount of rent and utilities costs each program participant must pay while receiving homelessness prevention or rapid re-housing assistance. (8) Standards for determining how long a program participant will be provided with rental assistance and whether and how the amount of that assistance will be adjusted over time. (9) Standards for determining the type, amount, and duration of housing stabilization and/or relocation services to provide a program participant, including the limits, if any, on the homelessness prevention or rapid re-housing assistance that each program participant may receive; such as the maximum amount of assistance, maximum number of months the program participant receives assistance, or the maximum number of times the program participant may receive assistance. (f) Participation in HMIS. The SUBRECIPIENT must ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community wide HMIS or a comparable database, in accordance with HUD's standards on participation, data collection, and reporting under a local HMIS. If the SUBRECIPIENT is a victim service provider or a legal services provider, it may use a comparable database that collects client-level data over time (i.e., longitudinal data) and generates unduplicated aggregate reports based on the data. Information entered in a comparable database must not be entered directly into or provided to an HMIS. CAO FAIN # B-22-UC-12-0016 Federal Award Date 10/2022 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded $500,000.00 Subrecipient Name Collier County Housing Authorit UEI# WHDZXBD56 L1 FEIN 59-1490555 R&D NA Indirect Cost Rate NA Period of Performance 10/1/2022 — 4/30/2024 Fiscal Year End 9/30 Monitor End: 12/2029 AGREEMENT BETWEEN COLLIER COUNTY AND Collier County Housing Authority CDBG Grant Program — Construction/Rehabilitation THIS AGREEMENT is made and entered into this day of 2022, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY") having its principal address at 3339 Tamiami Trail East, Naples FL 34112, and Collier County Housing Authority ("SUBRECIPIENT"), a public body corporate and politic, created and existing under and by virtue of the laws of the State of Florida, Chapter 421 having its principal office at 1800 Farm Worker Way, Immokalee, FL 34142. WHEREAS, the COUNTY has entered into an Agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the Board of County Commissioners of Collier County ("Board") approved the Collier County Consolidated Plan — One-year Action Plan for Federal Fiscal Year 2022-2023 for the CDBG Program with Resolution 2022- on June 28, 2022 — Agenda Item 16D ; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the COUNTY advertised the 2022-2023 Annual Action Plan, on May 25, 2022 , with a 30-day Citizen Comment period from May 25, 2022 to June 25, 2022; and WHEREAS, the SUBRECIPIENT has submitted a proposal for participation in the Collier County CDBG program; and [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 1 O WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in undertaking the CDBG project — (CD22-01) HVAC Installation. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART SCOPE OF WORK SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: HVAC Installation Description of project and outcome: CHS, as an administrator of the CDBG program, will make available FY 2022-2023 CDBG funds up to the gross amount of $500,000.00 to Collier County Housing Authority to fund the rehabilitation of affordable housing units in Immokalee, FL, through the purchase and installation of Heating, Ventilation, and Air Conditioning systems. Project Component One: Purchase and installation of HVAC systems including any related construction, permitting, and installation costs or fees. The property will be deed restricted for five (5) years commencing on the date of initially meeting one of the National Objectives, in accordance with 24 CFR 570.505, if applicable. 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this Agreement, SUBRECIPIENT must deliver to CHS for approval, a detailed project schedule for the completion of the project. B. SUBRECIPIENT must submit the following resolutions and policies to CHS within sixty (60) days of execution of this Agreement: I Affirmative Fair Housing Policy Affirmative Action/Equal Opportunity Policy Conflict of Interest Policy (COI) and related COI Forms Procurement Policy Uniform Relocation Act (URA) Policy Sexual Harassment Policy Section 3 Policy Section 504/ADA Policy Fraud, Waste, and Abuse Policy [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 2 O ® Language Assistance and Planning Policy (LAP) ® Limited English Proficiency Policy (LEP) ® Violence Against Women Act (VAWA) Policy ® LGBTQ Policy C. Environmental Review Requirement (ERR) — This Agreement does not constitute a commitment of Funds or site approval. The commitment of Funds or site approval may occur only upon satisfactory completion of environmental review and either (i) the determination that the project is Exempt or (ii) the COUNTY's receipt of an approved request for release of funds and certification from HUD, under 24 CFR Part 58. The provision of any funds to the project is conditioned on the COUNTY's determination to proceed with, modify, or cancel the project based on the results of the environmental review. No program costs can be incurred until an environmental review of the project is completed and approved by the COUNTY. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to CHS issuance of the Notice to Proceed (NTP) letter. Violation of this provision may result in the termination of this subaward and/or the denial of any reimbursement of funds under this Agreement. Annual Subrecipient Training — [All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement shall attend the CHS- sponsored Annual SUBRECIPIENT Fair Housing training. In addition, at least one staff member shall attend all other CHS-offered SUBRECIPIENT training, relevant to the Project, as determined by the Grant Coordinator, not to exceed four (4) sessions. D. 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 persons") 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 HUD 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. [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 3 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component 1: Purchase and installation of HVAC systems including any related construction, pertnitting and installation costs or fees. $500,000.00 Total Federal Funds: $500 000.00 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 ® Provide Leverage Funds Report ® Ensure attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS ® Ensure attendance by SUBRECIPIENT and General Contractor at Pre -Construction meetings, prior to SUBBRECIPIENT issuing Notice to Proceed (NTP) to contractor ® Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation ® Identify Lead Project Manager ® Provide Site Design and Specifications ® Submit Change Orders for CHS approval prior to SUBRECIPIENT authorizing work ® Comply with Davis -Bacon Labor Standards ® Comply with Section 3 and maintain documentation ® Provide weekly certified payroll throughout construction and rehabilitation ® Comply with Uniform Relocation Act (URA), if necessary ® Ensure applicable numbers of units are Section 504/ADA accessible ® Ensure the applicable continued use period for the project is met B. National Objective The CDBG program Funds awarded to Collier County must benefit low- to moderate -income persons (LMI). As such, SUBRECIPIENT shall ensure that all activities and beneficiaries meet the definition of: ❑ LMA — Low/Mod Area Benefit ❑ LMC — Low/Mod Clientele Benefit ® LMH — Low/Mod Housing Benefit ❑ LMJ — Low/Mod Job Benefit [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 4 O LMA: Must document where at least 51 percent of the residents are LMI persons, based on HUD determined eligible census tracts. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMC: Must document that at least 51 percent of persons served, are low- to moderate - income persons or households, in order to meet a CDBG National Objective. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must contain at least 51 percent occupied by LMI households, and structures with less than three units must be occupied by 100 percent LMI households. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMJ: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 percent of which (computed on a full-time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Insurance Insurance Certificate Within 30 days of Agreement execution and Annually upon expiration date Special Grant Condition Policies Policies as stated in this Within sixty (60) days of Section 1.1 Agreement Agreement execution Detailed Project Schedule Project Schedule Within sixty (60) days of Agreement execution Project Plans and Specifications Site Plans and Specifications Prior to Procurement start Draft Procurement Documents Independent Cost Estimate, Within 90 days of Agreement (Bid Packet)* Method of Procurement, Bid execution Advertisement, Solicitation Packet. Subcontractor Log Subcontractor Log Initially at construction start, and u on Subcontrator changes Quarterly Progress Report Exhibit C 1. Quarterly reports within 10 days following the quarter end. 2. Final report upon submission of the final pay request in Neighborly. 3. Annually after closeout Section 3 Report Quarterly Report of New Hire Quarterly; within 10 days Information following the end of the quarter. Annually after closeout. Leverage Funds Report Exhibit C-1 1. Quarterly, within 10 days following quarter end. 2. Final [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 5 O report upon submission of the final pay request in Neighborly Davis -Bacon Act Certified Weekly Certified Payroll Weekly within 7 days following Payroll reports, forms, and supporting issuance of payroll checks documentation required to be submitted through the County electronic certified payroll system LCP Tracker. Annual Audit Monitoring Exhibit E Annually, within 60 days after Report FY end Financial and Compliance Audit Audit, Management Letter, and Annually: nine (9) months after Supporting Documentation FY end for Single Audit OR one hundred eighty (180) days after FY end Continued Use Certification Continued Use Affidavit, if Annually, for five (5) years after applicable Project Closeout Capital Needs Assessment Plan Plan approved by the COUNTY Initial Plan due after construction completion. Annually throughout the continued use period Program Income Reuse Plan Plan Approved by the COUNTY Annually until 2029 * SUBRECIPIENT's Notice to Proceed may be withheld if procurement deliverables are not submitted in a timely manner, as stated in Section 1.2.C, Performance Deliverables. SUBRECIPIENT must submit to the COUNTY, for approval, all Change Orders required during the project. Failure to submit Change Orders in a timely manner, may result in delay or withholding of payment, as well as a cease work order until all change orders have been reviewed and approved, at which time a new Notice to Proceed will be issued. D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Purchase Submission of supporting documents Submission of and Installation of HVAC any must be provided as backup, as evidenced monthly payment related construction, installation, by AIA or similar document, canceled requests within 30 fees, permits or other project check and/or bank statements, copy of days of the prior costs or fees. any permits,invoices and any other month. additional documentation as requested. The County will pay up to 90% of the total grant award or project costs, whichever is lower. The remaining 10% of the award or project costs will be released upon final monitoring clearance and meeting a National Objective. For clarity, the County will not withhold 10% on each payment request. [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 6 O Final 10 percent of award amount will be paid upon completion of final monitoring clearance and documentation of meeting the National Objective. SUBRECIPIENT'S failure to achieve the National Objective will require repayment of the CDBG investment under this Agreement. 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall begin on October 1, 2022 and shall end on April 30, 2024. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available FIVE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($500,000.00) for use by SUBRECIPIENT, during the term of the Agreement (hereinafter, shall be referred to as the Funds). Modification to the Budget and Scope may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only be made with Board of County Commissioners (Board) approval. The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks, as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of CDBG Funds until Funds are needed for eligible costs; and all disbursement requests must be limited to the amount needed at the time of the request. SUBRECIPIENT may expend Funds only for allowable costs resulting from obligations incurred during the term of this Agreement. Invoices for work performed are required every month. If no work has been performed during the month, or if SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to SUBRECIPIENT when requested as work progresses, but not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. COUNTY will pay SUBRECIPIENT Funds available under this Agreement based on information submitted by SUBRECIPIENT and consistent with any approved budget and COUNTY policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by SUBRECIPIENT, not to exceed actual cash requirements. Payments will be adjusted by CHS in accordance with advance Fund and program income balances available in SUBRECIPIENT accounts. In addition, COUNTY reserves the right to liquidate Funds available under this Agreement for costs incurred by COUNTY on behalf of SUBRECIPIENT. [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 7 Final invoices are due no later than 90 days after the end of the Agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. CHS may withhold any request for payment 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 or evidence of project inactivity may cause payment suspension of any open pay requests until the required deliverables or substantial proiect progression occurs, as determined by CHS. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice, and in compliance with sections 218.70-218.80, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 LEVERAGE FUNDS Leveraged funds must be identified, tracked, and verifiable in the SUBRECIPIENT's records. Resources must be fully identified and described in the Agreement and the approved budget submitted with the application. Resources must also meet the following criteria to be allowable as leverage: a. Expenditures of leveraged funds or resources are permitted only for eligible activities and allowable costs under the cost principles specified by the OMB Circulars referenced in this Agreement. Expenditures must be necessary and reasonable for proper and efficient accomplishments of project or program objectives. b. Leveraged resources committed on one project may not be used as leverage or match for any other project or program. c. Leveraged resources must represent newly created resources covering expenditures that would not be incurred if the award were not made. d. Leveraged resources may not be Federal funds under a different award, except where Federal statute allows their use for cost sharing (such as the Community Development Block Grant program). e. Third -party cash or in -kind contributions offered as leverage require a commitment letter on company letterhead signed by the individual who is in a position to commit the in -kind contribution. The contribution is only allowable if not utilized towards matching dollars. 1.6 COST PRINCIPLES Payments to 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 1.6-Cost Principles) of this Agreement, SUBRECIPIENT is defined as described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed specifically to the project(s) referenced above, as defined in 2 CFR 200.413. SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT' S contractors [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 8 O and vendors are conditioned upon compliance with the procurement requirements provided in 2 CFR 200.318-200.327. Allowable costs incurred by Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart E; however, the COUNTY is and may impose requirements upon the Developer to remain compliant with COUNTY's obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. 1.7 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Judith Sizensky, Grant Coordinator Collier County Government Community and Human Services Division 3339 Tamiami Trail East, Suite 213 Naples, Florida 34112 Email: Judith. Sizensky@Colliercountyfl.gov Telephone: (239) 252-2590 SUBRECIPIENT ATTENTION: Oscar Hentschel, Executive Director Collier County Housing Authority 1800 Farm Worker Way Immokalee, Florida 34142 Email: ohentschel@cchafl.org Telephone: (239) 657-3649 Remainder of Page Intentionally Left Blank [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 9 O PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit all records, documentation, and any other data relating to all matters covered by the Agreement. SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its receipt of the report. SUBRECIPIENT's failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning Subrecipient audits and 2 CFR 200.501 Federal Award amounts expended shall be determined in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. ir7y� :7 9CK1 9 h 101 1 /Z- - I&I 11101 Ky Y 11301 SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to determine compliance with the requirements of this Agreement, the CDBG Program, and all other applicable laws and regulations. This documentation shall include but is not limited to, the following: A. All records required by CDBG regulations. B. SUBRECIPIENT shall create and maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform the service. C. SUBRECIPIENT shall make available to the COUNTY or CHS at any time upon request, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of Funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail to properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 10 O D. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, and in a readily accessible, permanent, and secured location for three (3) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.334, 24 CFR 570.493 and 24 CFR 570.502(a)(7)(ii). However, if any litigation, claim, or audit is started before the expiration date of the three (3) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If SUBRECIPIENT ceases to exist after the closeout of this Agreement, it shall notify the COUNTY in writing, of the address where the records are to be kept, as outlined in 2 CFR 200.337. SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in SUBRECIPIENT'S possession upon termination 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 SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, IT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-26799 Michael.Brownlee(a,colliercountyfl.gov, 3299 Tamiami Trail E, Naples, FL 34112. E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of 1931, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, SUBRECIPIENT shall maintain records showing compliance with Federal purchasing requirements and other Federal requirements for grant implementation. F. 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. SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT'S compliance. G. SUBRECIPIENT shall document how it complied with the National Objective(s), as defined in 24 CFR 570.208, and the eligibility requirement(s) under which funding was received. This includes special requirements, such as necessary and appropriate determinations as defined in 24 CFR 570.208, income certification, and written agreements with beneficiaries, where applicable. [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 1 1 O H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records, and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public records that are released from public records disclosure requirements are not disclosed, except as authorized by 2 CFR 200.337 and 2 CFR 200.338. 2.3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit E) no later than 60 days after SUBRECIPIENT'S fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for Subrecipients exempt from Single Audit) after the SUBRECIPIENT'S fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may carry out no fewer than one (1) annual on -site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. Upon request by CHS, SUBRECIPIENT shall submit information and status reports required by CHS or HUD, to enable CHS to evaluate said progress and allow for completion of required reports. SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. COUNTY will monitor SUBRECIPIENT'S performance in an attempt to mitigate fraud, waste, abuse, or non-performance, based on goals and performance standards as stated with all other applicable laws, regulations, and policies governing the funds provided under this Agreement, further defined by 2 CFR 200.332. Substandard performance, as determined by CHS, will constitute noncompliance with this Agreement. If corrective action is not taken by 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 control systems and procedures necessary to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and to provide proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT'S internal control systems and all transactions and other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 12 O SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the performance of this 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 the COUNTY issuing Findings or Concerns to SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action plan to CHS within 10 business days following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to SUBRECIPIENT, as needed, in order to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely manner, the COUNTY may require a portion of the awarded grant funds to be returned to the COUNTY. • CHS may require SUBRECIPIENT to return upwards of 5 percent of the award amount to the COUNTY, at the discretion of the Board. • SUBRECIPIENT may be denied future consideration, as set forth in Resolution No. 2013-228. 3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected, and has been informed by CHS of their substantial noncompliance by certified mail, CHS may require a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed, to be returned to the COUNTY. [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 13 O CHS may require SUBRECIPIENT to return upwards of 10 percent of the award amount to the COUNTY, at the discretion of the Board. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. 4. If after repeated notification, SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend termination of the Agreement or award. CHS will make a recommendation to the Board to immediately terminate the Agreement. SUBRECIPIENT will be required to repay all Funds disbursed by CHS for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. 2.6 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. Reports showing lack of proiect activity may result in withholding of payment or issuance of a Notice of Non - Compliance. During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January, April, July, and October, respectively, for the prior quarter period end. As part of the report submitted in October, SUBRECIPIENT agrees to include a comprehensive final report covering the agreed -upon Program objectives, activities, and expenditures including but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit C, which contains an example reporting form to be used in fulfillment of this requirement. Additionally, all leveraged funds utilized in support of this project will be submitted on Exhibit C-1 as part of the final report. Other reporting requirements may be required by the County Manager or designee if the Program changes, the need for additional information or documentation arises, and/or if 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. [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 14 O PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. SUBRECIPIENT shall cause all provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. 3.2 GENERAL COMPLIANCE SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants), including subpart K of these regulations, except that (1) SUBRECIPIENT does not assume the COUNTY'S environmental responsibilities described in 24 CFR 570.604; (2) SUBRECIPIENT does not assume the COUNTY'S responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) SUBRECIPIENT is required to follow the Federal procurement process; and (4) for Developers, revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. 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. SUBRECIPIENT is prohibited from using Funds provided herein, or personnel employed in the administration of the program for political activities, inherently religious activities, lobbying, political patronage, and nepotism activities. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. SUBRECIPIENT shall always remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance, as the SUBRECIPIENT is independent from the COUNTY. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such amendments make specific reference to this Agreement, are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY'S Board. Such [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 15 O amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or Local governmental guidelines, policies, available funding amounts, or for other reasons. If such amendments result in a change in the funding, scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from HUD CDBG grant Funds and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing the CDBG Funds pertaining to this Agreement. In the event of curtailment or non -production of said Federal Funds, or the reduction of Funds awarded by HUD to the COUNTY, to a level that the County Manager determines to be insufficient to adequately administer the project, the financial resources necessary to continue to pay SUBRECIPIENT all or any portion of the Funds will not be available. In either event, the COUNTY may terminate this Agreement, which shall be effective as of the date that it is determined by the County Manager or designee, in his/her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, SUBRECIPIENT shall indemnify and hold harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action, which may arise out of an act or omission including but not limited to, reasonable attorneys' and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies, which otherwise may be available to an indemnified party or person described in this paragraph. SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith, shall defend all suits in the name of the COUNTY, and shall pay all costs (including attorney's fees) and judgments which may issue there -on. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in section 768.28, Florida Statutes. This section shall survive the expiration or termination of this Agreement. [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 16 O 3.7 GRANTEE RECOGNITION/SPONSORSHIPS SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of program sponsorships, research reports, and similar public notices, whether printed or digitally prepared and released by SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information to the general public regarding the development team as well as Equal Housing Opportunity. Construction signs shall comply with applicable COUNTY codes. If this Agreement results in any copyrightable material or inventions, CHS and/or the COUNTY reserve the right to royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use; and to authorize others to use the work or materials for governmental purposes. 3.8 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.341, this Agreement may be terminated for convenience by either the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and in the case of partial terminations, the portion to be terminated. However, in the case of a partial termination, if the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. This Agreement may also be terminated by the COUNTY, if the award no longer effectuates the program goals or grantor agency priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement, in compliance with 2 CFR 200, Appendix II (A): A. Failure to comply with any of the rules, regulations, or provisions referred to herein; or such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as may become applicable at any time. B. Failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner. C. Ineffective or improper use of Funds provided under this Agreement. D. Submission of reports to the COUNTY that are incorrect or incomplete in any material respect. E. Submission of any false certification. [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 17 O F. Failure to materially comply with any terms of this Agreement. G. Failure to materially comply with the terms of any other agreement between the COUNTY and SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any combination of one or more of the following remedies, in compliance with 2 CFR 200, Appendix II (B): A. Require specific performance of the Agreement in whole or in part. B. Require the use of, or change in, professional property management, if applicable. C. Require SUBRECIPIENT to immediately repay to the COUNTY all CDBG Funds received under this Agreement. D. Apply sanctions, if COUNTY determines them to be applicable. E. Stop all payments until identified deficiencies are corrected. F. Terminate this Agreement by giving written notice to SUBRECIPIENT specifying the effective date of such termination. If the Agreement is terminated by the COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. 3.9 SUSPENSION AND DEBARMENT SUBRECIPIENT certifies that neither it, nor its principals, are 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 12549 (1986) and 12689 (1989), Suspension and Debarment, and 2 CFR 200.214, as further detailed in Section 4.18. 3.10 REVERSION OF ASSETS In the event of Agreement termination, and in addition to any and all other remedies available to the COUNTY (whether under this Agreement, at law, or in equity), SUBRECIPIENT shall, at the time of termination (or expiration), immediately transfer to the COUNTY any property on hand and any accounts receivable attributable to the use of CDBG Funds, per 24 CFR 570.503(b)(7). The COUNTY' S receipt of any Funds on hand at the time of termination shall not waive the COUNTY'S right (nor excuse SUBRECIPIENT'S obligation) to recoup all or any portion of the Funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). All program assets (unexpended program income, property, equipment, etc.) shall revert to CHS upon termination of this Agreement. [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 18 O 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said insurance shall be carried continuously during SUBRECIPIENT' S performance under the Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the Federal Regulations for the Community Development Block Grant (24 CFR 570 et seq.). 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through 200.327) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing thresholds are: Range: Competition Required $0 - $50 000 3 Written Quotes $50 001+ Formal Solicitation ITB RFP etc. All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or put out to competitive bidding, under a procedure acceptable to COUNTY and Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest, responsible, and qualified bidder. SUBRECIPIENT shall manage contract administration, and CHS shall monitor the administration. CHS shall have access to all records and documents related to the Project. In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II (J) and 2 CFR 200.323. 3.14 PROGRAM GENERATED INCOME Program Income is anticipated. If Program Income is derived from the use of CDBG funds disbursed under this Agreement, such Program Income shall be utilized by the SUBRECIPIENT only for CDBG-eligible activities approved by the COUNTY. Any Program Income (as such term is defined under applicable Federal regulations) gained from any SUBRECIPIENT activity funded [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 19 O by CDBG Funds shall be reported to the COUNTY through an annual Program Income Re -use Plan, utilized by the SUBRECIPIENT accordingly, and shall comply with 2 CFR 200.307, 24 CFR parts 570.489 and 570.500, and 24 CFR 570.504 in the operation of the Program. When Program Income is generated by an activity that is only partially assisted by CDBG Funds, the income shall be prorated to reflect the percentage of CDBG Funds used. If there is a Program Income balance at the end of the Program Year, such balance shall revert to the COUNTY's Community Block Grant Program, for further reallocation. 3.15 Acquisition/Improvement of Real Property: Real property under the SUBRECIPIENT' S control that was acquired or improved, in whole or in part, with CDBG funds shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208, during the continued use period, as referenced in section 3.16 (Grant Closeout Procedures) of this Agreement. If SUBRECIPIENT disposes of or otherwise fails to continue to use the CDBG-assisted real property in a manner that meets a CDBG National Objective, SUBRECIPIENT shall pay the COUNTY an amount equal to the percentage of the current fair market value of the property, less any disposal costs. The basis for such percentage shall be the percentage of the appraised value attributable to CDBG and non- CDBG funds expended for the original acquisition of, or improvement to the property under the terms of this Agreement. Such payment shall constitute program income to the COUNTY. Additionally, real property under the SUBRECIPIENT'S control that was acquired or improved, in whole or in part, with CDBG Funds shall be used to meet one of the CDBG National Objectives, pursuant to 24 CFR 570.208, during the continued use period as referenced in section 3.16 (Grant Closeout Procedures) of this Agreement. If SUBRECIPIENT sells, transfers, disposes of, or otherwise fails to continue to use the CDBG-assisted real property in a manner that meets a CDBG National Objective, SUBRECIPIENT shall pay the COUNTY an amount equal to a percentage of the current fair market value of the property, after subtracting disposal costs. The basis for such percentage shall be the percentage of the appraised value attributable to CDBG and non-CDBG Funds expended for the original acquisition of, or improvement to, the property under the terms of this Agreement. Such payment shall constitute program income to the COUNTY. 3.16 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT' S obligation to the COUNTY shall not end until all closeout requirements are completed. SUBRECIPIENT may close out the project with the COUNTY after the five (5) year continued use period has been met. The continued use period shall commence with the latter of the SUBRECIPIENT meeting the National Objective or the recording of lien and/or deed restriction documentation. Activities during this closeout period shall include but are not limited to making final payments; disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY); and determining the custodianship of records Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that SUBRECIPIENT has control over CDBG Funds, including program income. In addition to the records retention outlined in section 2.2 (Records and Documentation) of this Agreement, SUBRECIPIENT shall comply with section 119.021, Florida Statutes, regarding records maintenance, preservation, and retention. A conflict between State and Federal records retention requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. Any balance of unobligated Funds that have been [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 20 O advanced or paid must be returned to the COUNTY. Any Funds paid exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information complying with section 215.97, Florida Statutes, the Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.344. 3.17 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement based on race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower -income residents of the project areas shall be given opportunities for training and employment. Also, to the greatest extent feasible, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.18 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES SUBRECIPIENT will use its best efforts to afford small businesses and minority and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and "minority and women's business enterprise" means a business that is at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Black Americans, Hispanic Americans, Asian/PacificAmericans, Native Americans, and Hasidic Jews. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and women's business enterprises, in lieu of an independent investigation. 3.19 PROGRAM BENEFICIARIES If the Agreement is meeting a National Objective through an LMI strategy, at least 51 percent of the beneficiaries of a project funded through this Agreement must be low- and moderate -income persons or presumed to be low- to moderate -income persons based on applicable regulation. Determination of income eligibility is based on the annual income of the family or household. This Agreement conforms to the definition of Annual Income, per 24 CFR 570.3(1)(i), where Annual income is defined under the Section 8 Housing Assistance Payments. Details for calculating the Annual Income are contained in 24 CFR 5.609, with practical instructions contained in HUD Handbook 4350.3, Chapter 5. [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 21 O If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than 30 percent of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the COUNTY's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit C of this Agreement. 3.20 AFFIRMATIVE ACTION SUBRECIPIENT agrees that it is committed to carrying 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. Prior to the award of Funds, SUBRECIPIENT shall submit to the COUNTY for approval a plan for an Affirmative Action Program. The Affirmative Action Program must be updated throughout the continued use period and submitted to the COUNTY within 60 days of any update/modification. SUBRECIPIENT's contracting officer will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or worker's representative of SUBRECIPIENT's commitments hereunder, and shall post copies of the notice in conspicuous places available to all employees and applicants for employment. 3.21 CONFLICT OF INTEREST SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement; and that no person having any conflict of interest shall be employed or subcontracted by SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest," 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. 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 SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT'S ability to self -manage the projects using its own employees. Any possible conflict of interest on the part of SUBRECIPIENT, its employees, or its contractors shall be disclosed to CHS in writing, provided however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low- and moderate -income residents of the project target area. [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 22 3.22 BYRD ANTI -LOBBYING AMENDMENT Each tier certifies that the tier above it will not, and has not, used Federally appropriated Funds to pay any person or organization for influencing or attempting to influence the award of Federal Funds, as covered by 31 USC 1352, and more fully described in Section 4.54 of this Agreement. Contractors who apply or bid for an award of $100,000 or more shall file the required certification. 3.23 RELIGIOUS ORGANIZATIONS CDBG Funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.2000). SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment and will not limit employment or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services and will not limit such services or give preference to persons based on religion. C. It will retain its independence from Federal, State, and Local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided it does not use direct CDBG Funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. The Funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG Funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities, in accordance with the cost accounting requirements applicable to CDBG Funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. 3.24 INCIDENT REPORTING If SUBRECIPIENT provides services to clients under this Agreement, SUBRECIPENT and any subcontractors shall report to the COUNTY, knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person. 3.25 SEVERABILITY Should any provision of this Agreement be determined unenforceable or invalid, such determination shall not affect the validity or enforceability of any other section or part thereof. [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 23 3.26 MISCELLANEOUS SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. SUBRECIPIENT represents and warrants that the financial data, reports, and other information it furnished to the COUNTY regarding the Project are accurate and complete, and financial disclosures fairly represent the financial position of SUBRECIPIENT. SUBRECIPIENT understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the COUNTY'S or SUBRECIPIENT's responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service and, in case of a minor, that of a responsible parent/guardian. SUBRECIPIENT certifies that it has the legal authority to receive the funds under this Agreement and its governing body has authorized the execution and acceptance of this Agreement. SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind SUBRECIPIENT to the terms of this Agreement. The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida, without giving effect to its provisions regarding choice of laws. All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all applicable federal, state, and municipal laws, ordinances, regulations, orders, and guidelines, including but not limited to any applicable regulations issued by the COUNTY. Electronic Signatures. This Agreement, and related documents entered into in connection with this Agreement, are signed when a party's signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. 3.27 WAIVER The COUNTY'S failure to act with respect to a breach by SUBRECIPIENT does not waive its right to act with respect to subsequent or similar breaches. The COUNTY'S failure to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. Remainder of Page Intentionally Left Blank [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 24 O PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program hlWs://www.ecfr.2ov/c2i-bin/text-idx?tp1=/ecfrbrowse/Title24/24cfr570 main 02.tpl 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. hops://www. ecfr.2ov/c2i-bin/text- idx?SID=1 acdb92f3b05c3f285dd76c26d 14f54e&mc=true&node=pt24.1.58&r2n Resource Conservation and Recovery Act (RCRA). Under RCRA codified at 42 USC 6962, state and local institutions of higher education, hospitals, and non-profit organizations that receive direct Federal awards or other Federal Funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to the EPA guidelines. Summary of the Resource Conservation and Recovery Act I US EPA 4.3 Hatch Act: The SUBRECIPIENT shall comply with the Hatch Act, 5 USC 1501-1508 and shall ensure that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 Title V of the USC Federal Register : Political Activitv-State or Local Officers or Emplovees: Federal Employees Residing in Designated Localities: Federal Employees 4.4 Section 104(d) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended Section 109 of the HCD Act of 1974 1 HUD.gov / U.S. Department of Housing and Urban Development HUD) Section 104(d) of the Housing and Community Development Act of 1974, as amended (see 42 USC 5304(d)) - HUD Exchange 4.5 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. hops://www.hud.2ov/sites/documents/DOC 7771.PDF htips://www.justice.gov/crt/fair-housing-act-1 Executive Order 11063 — Equal Opportunity in Housing hMs://www.archives.2ov/federal- re aister/codification/executive-order/ 11063.html Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs httns://www.archives. aov/federal-reeister/codification/executive-order/I2259.htm1 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O. htips://www.law.comell.edu/cfr/text/24/Tart- 107 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as amended ho2s://www.hud.2ov/pro,2ramdescription/title6 This Agreement is subject to 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared, or improved with assistance provided under this Agreement, SUBRECIPIENT shall cause or require a covenant running with the land to be inserted in the deed or lease of such transfer, prohibiting discrimination herein as defined, in the sale, lease, or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 25 O providing that the COUNTY and the United States are beneficiaries of and entitled to enforce such covenants. SUBRECIPIENT, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4.6 Title IX of the Education Amendments of 1972, as amended, 20 USC 1681, which prohibits discrimination on the basis of sex in educational programs Title IX Of The Education Amendments Of 1972 (justice.gov) 4.7 The Temporary Assistance for Needy Families Program (TANF) 45 CFR Parts 260-265, the Social Services Block Grant 42 ISC 1397d and other applicable federal regulations and policies promulgated thereunder. Temporary Assistance for Needy Families I Benefits.gov eCFR: 45 CFR Part 260 -- General Temporary Assistance for Needy Families (TANF) Provisions The Pro -Children Act: Contractor agrees to comply with the Pro -Children Act of 1994, 20 USC 6083. Pro -Children Act Of 1994 1 Legislation I US Encyclopedia of law (lawi.us) 4.8 Public Announcements and Advertising: When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs Funded in whole or in part with Federal money, SUBRECIPIENTshall clearly state (1) the percentage of the total costs of the program or project which will be financed with Federal money, (2) the dollar amount of Federal funds for the project or program, and (3) percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources. 4.9 Purchase of American -Made Equipment and Products: SUBRECIPIENT assures that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Agreement will be American -made. 4.10 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. htips://www.gl2o. og v�ys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-sec570- 602.pdf 4.11 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: htips://www.dol.2ov/aaencies/ofccp/executive-order-I 1246/as-amended EO 11375 and 12086: see item #8 below 4.12 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. SUBRECIPIENT will, in all solicitations or advertisements for [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 26 O employees placed by or on behalf of SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission eeoc. ov 4.13 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. 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, 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." Section 3 requires 25 percent of the total labor hours must be worked by Section 3 workers and 5 percent of the total labor hours must be worked by Targeted Section 3 workers. If SUBRECIPIENT is unable to meet these benchmarks, efforts taken to meet the requirements must be described. Examples include held job fairs, conduct on the job training, outreach efforts to public housing residents, and connecting residents to supportive services. SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG-Funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 27 metropolitan area in which the CDBG-Funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low - and very low-income participants in other HUD programs. htil2s://www.hud.2ov/sites/documents/DOC_ 12047.PDF SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. https://www.ecfr.2ov/current/title-24/subtitle-A/part-75 4.14 SUBRECIPIENT shall not assign or transfer any interest in this Agreement without the prior written consent of the COUNTY thereto; provided, however, that claims for money due or to become due to SUBRECIPIENT from CHS under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to CHS. 4.15 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 htq2s://www.law.comell.edu/uscode/text/42/chgpter-76 11246: https://www.dol.2ov/ofccp/reps/statutes/eo11246.htm 11375: Amended by EO 11478 11478: https://www.archives.gov/federal-register/codification/executive-order/11478.html 12107: htl2s://www.archives.aov/federal-register/codification/executive-order/12107.html 12086: https://www.archives.aov/federal-register/codification/executive-order/12086.html 4.16 Contract Work Hours and Safety Standards Act, 40 USC 327-332. btips://www.dol.2ov/whd/re2s/statutes/safe0l.12df 4.17 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: https://www.epa.aov�/ocr 29 USC 776: https://law.onecle.com/uscode/29/776.html 24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614 4.18 The Americans with Disabilities Act of 1990: hUs://www.hud.2ov/hudproarams/eohudag 4.19 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.fhwa.dot. , ovg�—estate/uniform_act/index.cfm 4.20 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all construction contracts funded by CDBG. Davis -Bacon Act: 42 USC 276a to 40 USC 276a: [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 28 O https://uscode.house. Gov/view.xhtml?ret=granuleid:USC-1999-title40-section276a- 7&num=0&edition=1999 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States htips://www.law.comell.edu/cfr/text/29/part-3 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) htips://www.law.comell.edu/cfr/text/29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. htlps://www.presidency.ucsb.edu/ws/index.php?Did=23675 4.21 As a supplement to the Davis -Bacon Act requirements, the SUBRECIPIENT agrees to comply with the "Copeland Anti -Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or subcontractors from inducing an employee to relinquish any part of his/her compensation, under the federally -funded contract. 18 U.S.C. 874 https://www. ov�2ov/content/pkg/USCODE-2010-titlel8/pdf/USCODE-2010- title 18.pdf 40 U.S.C. 276c https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40- section276c&num=0&edition=1999 4.22 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. https://www.archives. gov/federal-register/codification/executive-order/I 1625.html 4.23 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act (HCDA) are still applicable. 24 CFR 570.607: htips://www.ecfr.2ov/c2i-bin/text- idx?SID=9eae3f8eaa99 I f0411 f383b74003bcb 1 &mc=true&node=pt24.3.570&r2n=div5#se24.3.5 70 1607 E.O. 13279: http://www.fedaovcontracts.com/pe02-96.htm 4.24 Public Law 100-430 - the Fair Housing Amendments Act of 1988. httDs://www.ncbi.nlm.nih.izov/Dubmed/12289709 [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 29 O 4.25 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?ipl=/ecfrbrowse/Title02/2cfr200 main 02.WI 4.26 2 CFR 200.216 — Prohibition on certain telecommunications and video surveillance services or equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or grant funds to: 1) procure or obtain; 2) extend or renew a contract to procure or obtain; 3) enter into a contract (or extend or renew a contract) to procure or obtain equipments, services, or systems that use(s) covered telecommunications equipment or services as a substantial component of any system, or as critical technology as part of any system. 4.27 Immigration Reform and Control Act of 1986 S.1200 - 99th Con ress (1985-1986): Immigration Reform and Control Act of 1986 Congress.govI Library of Congress 4.28 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes- https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter112 part iii Collier County- htq2://www.collier2ov.net/home/showdocument?id=35137 4.29 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except that the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.30 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). 4.31 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 [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 30 O 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 section 44.102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court; and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. htips://www.flsenate.aov/Laws/Statutes/2012/44.102 4.32 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. htips://www. ovi�nfo.aov/content/pkg/USCODE- 2010-title42/html/USCODE-2010-title42-chap85.htm htips://www.law.comell.edu/uscode/text/42/chgpter-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www. aovinfo. gov/content/pka/USCODE-2011-title33/pdf/USCODE-2011-title33- chap26.pdf htq2s://www.law.comell.edu/uscode/text/33/chqpter-26 4.33 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. htq2s://www.law.comell.edu/cfr/text/24/570.605 4.34 SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to the HUD Lead -Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. Lead -Based Paint - HUD Exchange 4.35 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. htq2s://www.ach 12.2ov/sites/default/files/re2ulations/2017-02/re2s-rev04.12df 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. 4.36 SUBRECIPIENT must certify that it will provide drug -free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). htips://www. 0o. , ov�/fdsys/aranule/USCODE-2009-title4l /USCODE-2009-title4l -chap 10- sec701 [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 31 O 4.37 SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. htips://www.archives. aov/federal-register/codification/executive-order/ 12549.html 4.38 SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200, et seq. 4.39 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT' S fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT' S fiscal year. Per 2 CFR 200.345, if this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. https: //www. ecfr. gov/c gi-bin/text- idx?SID=5 a78addefff9a53 5e83 fed3010308aef&mc=true&node=se2.1.200_ 1344&r4n=div8 Any real property acquired by the SUBRECIPIENT for the purpose of carrying out the projects stated herein and approved by the COUNTY, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within SUBRECIPIENT control, which is acquired or improved, in whole or part, with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. SUBRECIPIENT agrees to comply with the requirements of 24 CFR 570.606 c governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and the requirements in 24 CFR 570.606 (d) governing optional relocation policies. SUBRECIPIENT shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606 (b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition, or conversion for a CDBG assisted project. SUBRECIPIENT also agrees to comply with applicable COUNTY ordinances, resolutions, and policies concerning the displacement of persons from their residences. htips://www.gpo. og v/fdsys/granule/CFR-1999-title49-voll/CFR-1999-title49-voll-sec24-101 https://www. ovg info.gov/app/details/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-505 4.40 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder, have not been placed on the convicted vendor list [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 32 maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. htip://www.le2.state.fl.us/StatLites/index.cfm?App mode=Display Statute&Search String=&UR L=0200-0299/0287/Sections/O287.133.htm1 4.41 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.42 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. SUBRECIPIENT shall obtain written approval from CHS for any outside travel outside the metropolitan area with funds provided under this Agreement. hqps://www.asa.2oy/portal/content/104877 4.43 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. hops://www.aovregs.com/re2ulations/expand/title24 part5_subpartA_section5.106 4.44 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. 17O1x, per 24 CFR 5.111. eCFR: 24 CFR Part 214 Subpart D -- Program Administration htips://www.law.comell.edu/cfr/text/24/5.1 11 4.45 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. httns://www.federalreeister. aov/documents/2016/11 /16/2016-25888/violence-against-women- reauthorization-act-of-2013-implementation-in-hud-housing=pro rg ams [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 33 4.46 Any rule or regulation determined to be applicable by HUD. 4.47 Florida Statutes section 448.095 Employment Eligibility. Per Florida Statute 448.095(3), all Florida private employers are required to verify employment eligibility for all new hires beginning January 1, 2021. Eligibility determination is not required for continuing employees hired prior to January 1, 2021. http://www.lea.state.fl.us/statutes/index.cfm?App mode=Display Statute&URL=0400- 0499/0448/0448.html 4.48 Florida Statutes section 713.20, Part 1, Construction Liens Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us) 4.49 Florida Statutes section 119.021 Records Retention Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us) 4.50 Florida Statutes section 119.071, Contracts and Public Records http://www.lea.state.fl.us/Statutes/index.cfm?APp mode=Display Statute&URL=0100- 0199/0119/Sections/0119.071.html 4.51 Limited English Proficiency: 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.lel2.2ov. 4.52 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:Hojp.2ov/about/ocr/12artnerships.htm. Discrimination on the basis of religion in employment is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on a case -by -case basis to allow some faith -based organizations to receive HUD funds while taking into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights. 4.53 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. 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 htips:Hojp.aov/about/ocr/pdfs/UseofConviction Advisory_pdf for more details. 4.54 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 [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 34 O in connection with obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. 4.55 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds 18 U.S. Code § 1001 - Statements or entries generally I U.S. Code I US Law I LII / Legal Information Institute (cornell.edu) Beneficiaries are subject to this False Claims Act that include the following: 31 U.S.C. 3729 - False claims - Document in Context - USCODE-2010-title3l-subtitleIII-chaD37-subchaDIII-sec3729 (ovinfo. gov) 31 U.S. Code & 3729 - False claims I U.S. Code I US Law I LII / LeLyal Information Institute (comell.edu) 4.56 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. 4.57 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. 4.58 Trafficking in Persons: 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 SUBRECIPIENT. The details of SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at: htips:Hojp.gov/funding/Explore/ProhibitedConduct-Trafficking htm. [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 35 O 4.59 Association of Community Organizations for Reform Now (ACORN): SUBRECIPIENT understands and acknowledges that it cannot use any Federal Funds, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of OJP. 4.60 If SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under this funding agreement, SUBRECIPIENT must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Busines Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by HUD. http s://www. e c fr. g ov/c g i= bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de761 dc64c0&mc=true&n=pt37.1.401 &r =PART&tv=HTML 4.61 ENTIRE AGREEMENT This Agreement constitutes the entire agreement between COUNTY and SUBRECIPIENT for the use of Funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between COUNTY and SUBRECIPIENT with respect to this Agreement. (Signature Page to Follow) [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 36 O IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: AS TO COUNTY: CRYSTAL K. KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk By: William L. McDaniel, Jr., Chairperson Dated: (SEAL) Date: Witness #1 Signature Witness #1 Printed Name Witness #2 Signature Witness #2 Printed Name Approved as to form and legality: Derek D. Perry Assistant County Attorney Date: AS TO SUBRECIPIENT: COLLIER COUNTY HOUSING AUTHORITY By: Oscar Hentschel, Executive Director Date: [Please provide evidence of signing authority] 2022.06.02 17:23:11-04'00' [22-SOC-00912/1723783/1] COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 37 O PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1— 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this Agreement. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 38 O the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Agreement: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an "All Risk" basis, in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee, with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 39 O EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: Collier County Housing Authority SUBRECIPIENT Address: 1800 Farm Worker Way, Immokalee, FL 34142 Project Name: HVAC Installation Project No: CD22-01 Payment Request # Total Payment Minus Retainage Period of Availability: 10/1/2022_ through 4/30/2024 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 Title Authorizing Grant Coordinator Supervisor (Approval required $15,000 and above) Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 40 O EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement and Information System (IDIS). The COUNTY reports information on a quarterly basis. To facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten (10) days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Subreci Tent Name: Collier County Housing Authority Date: Project Title: CD22-01 HVAC Installation IDIS #: XXXX Program Contact: Oscar Hentschel Telephone Number: 239 657-3649 Activity Reporting Period Report Due Date October I't — December 31't January 10 ' January 1 st —March 31 st Aril 1 Ott' April 1 ` — June 30th July 1 Oth Jul 1st — September 30' October I Ot' REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 12/31/22 3/31/23 6/30/23 9/30/XX Final XX/XX/XX Please note: The HUD Program year begins October 1, 2022 — April 30, 2024. Each quarterly report must include cumulative data beginning from the start of the program year October 1 2022. 1. Please list the outcome goal(s) from your approved application and SUBRECIPIENT Agreement and indicate your progress in meeting those goals since October 1 2022. a. Outcome Goals: list the outcomegoal(s) from your approved application and SUBRECIPIENT Agreement Outcome 1: Purchase and Installation of HVAC systems in affordable housing units in Immokalee, FL and any related construction and installation, permits, inspection or related costs and/or fees. Outcome 2: Document achievement of the LMH National Objective in a minimum of 35 households. Outcome 3: Procurement/Bid Package completed and submitted for review. b. Goal Progress: Indicate the progress to date in meeting each outcome goal. Outcome 1: Outcome 2: Outcome 3: 2. Is this project still in compliance with the original project schedule: Yes ❑ No ❑ If No Ex lain: 3. Since October 1, 2022; of the persons assisted, how many... Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes a. ...now have new access(continuing) to this service or benefit? 0 b. ...now have improved access to this service or benefit? 0 C. ...now receive a service or benefit that is no longer substandard? 0 Total 0 4. What funding sources did the SUBRECIPIENT apply for thisperiod? Section 108 Loan Guarantee $ CDBG $ Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ ESG $ $ HOPWA $ $ Total Entitlement Funds I $ [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 41 O 5. What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if applicable? Answer question 5a or 5b; NOT both For LMC activities: people, race/ethnicity, and income data are reported by persons. For LMH activities: households, race/ethnicity, and income level are reported by households, regardless the number of persons in the household. a. Total No. Persons/Adults 0 Total No. persons served under 18 0 served LMC LMC Ouarter Total No. of Persons 0 Ouarter Total No. of Persons 0 b. Total No. of Households served 0 I Total No. of female head of household (LMH) I 0 6. What is the total number of UNDUPLICATED clients served since October 1, 2022, if applicable? Answer question 6a or 6b, NOT both For LMC activities: race/ethnicity and income data are reported by persons. a. Total No. Persons/Adults served LMC 0 Total No. Persons served under 18 LMC 0 YTD Total: 0 YTD Total 0 b. Total No. Households served LMH 0 Total No. female head of household (LMH) 0 YTD Total 0 YTD Total 0 7 C Complete EITHER question 7 or 8, NOT both Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY LMCQuarter LMC YTD Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED served this ua arter who fall into each presumed benefit persons served since October 1. 2022 who fall into category (the total should equal the total in question #6a each presumed benefit category (the total should or 6b): e4 ual the total in question #6a or 6b): a Presumed Benefit Activities Onl LMC TR b Presumed Benefit Activities Only LMC YTD 0 Abused Children ELI 0 Abused Children ELI 0 Homeless ELI 0 Homeless Person ELI Person 0 Migrant Farm LI 0 Migrant Farm Workers LI Workers 0 Battered LI 0 Battered Spouses LI Spouses 0 Persons w/HIV/AIDS LI 0 Persons w/HIV/AIDS LI 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults LI 0 Illiterate Adults LI 0 Severely Disabled Adults LI 0 Severely Disabled Adults LI 0 Quarter Total 0 YTD Total Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED served this Quarter who fall into each income category persons served since October 1, 2022 (YTD) who fall the total should equal the total in question #6 : into each income category the total should equal the [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 42 O C total inquestion #6 : a ELI Extremely Low 0 b ELI Extremely Low 0 Income 0-30% Income 0-30% LI Low Income (31- 0 LI Low Income 0 50% MOD Moderate Income 0 MOD Moderate Income 0 51-80% 51-80% NON-L/M Above Moderate 0 NON-L/M Above Moderate 0 Income >80% Income >80% Quarter Total 0 YTD Total 0 Is this project in a Low/Mod Area (LMA)? YES NO Was project completed this quarter? YES NO If yes, complete all of this section 9. Date project completed Block Group Census Tract Total Beneficiaries Low/Mod Beneficiaries Low/Mod Percentage 0 0 0 0 0 Date LMA Narrative approved by CHS? What documentation supports project completion? (i.e., Certificate of Completion or Certificate of Occupancy, etc. 10. Racial & Ethnic Data if applicable) Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients clients served this Quarter fall into each race served since October (YTD) fall into each race category. In category. In addition to each race category, please addition to each race category please indicate how many indicate how many persons in each race category persons in each race category consider themselves consider themselves Hispanic. (Total Race column Hispanic. (Total Race column should equal the total in should equal the total in question 6.question 6. a. RACE ETHNICITY b. RACE ETHNICITY /HISPANIC /HISPANIC White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 American Indian/Alaska Native 0 0 American Indian/Alaska 0 0 Native Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific 0 0 Islander Black/African American & White 0 0 Black/African American & 0 0 White American Indian/Alaska Native & 0 0 American Indian/Alaska 0 0 Black/African American Native & Black/African American Other Multi -racial 0 0 Other Multi -racial 0 0 0 0 0 0 I hereby certify the above information is true and accurate. Name: Signature: Title: Your typed name here represents your electronic signature [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 43 O EXHIBIT C-1 Community Development Block Grant (CDBG) Leveraged Funds Report Leveraged Funds must be identified, tracked, and verifiable. Resources must be fully identified and described as submitted with SUBRECIPIENT's application. Subrecipient Name: Collier County Housing Authority Report Period: Fiscal Year: Contract Number: Program: Contact Name: Contact Number: CD22-01 CDBG Oscar Hentschel 239-657-3649 Leveraged Funds See EXAMPLE below for how to complete this form. Source Amount Type Use Total Project Cost Ratio: EXAMPLE Source Amount Type Use CDBG $1,000,000 Other Federal Funds Land Acquisition HOME $870,000 Federal Funds Infrastructure Private Donation $1,200,000 Cash & In -Kind Infrastructure Philanthropic $3,500,000 Cash — local funds 52 units Affordable Housing Total Project Cost $6,570,000 Ratio: $1 Federal Dollar $2.51 Local Funds Signature Page to Follow [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 44 O I hereby certify the above information is true and accurate. Signature: Printed Name: Title: Date: Your typed name here represents your electronic signature. [22-SOC-00912/1723783/1] COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 45 O EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete this form and retain appropriate supporting documentation proving CDBG assistance to an eligible beneficiary. Please retain in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names — All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets 13b 0.00 If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave blank. 13(c) [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 46 O C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages / Salaries (include tips, commissions, bonuses, and overtime) Benefits / Pensions Public Assistance Other Income Asset Income (Enter the greater of box B(b) or 1 box B(c), 2 above, in 3 box C(e) below) 4 5 6 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 0.00 0.00 Enter total of items C(a) through C(e). This amount is the Annual Anticipated Household Income. 0.00 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 Chapter 817, 18 U.S.C. § 1001 and 31 U.S.C. § 3729 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 Sections 775.082 and 775.083, Florida Statutes. 31 U.S.C. 3729 - False claims - Document in Context - USCODE-2010-title31-subtitleIIl-chap37-subchapIIl-sec3729 (govinfo.g_ov) Signature of Head of Household Signature of Spouse or Co -Head of Household Adult Household Member (if applicable) Adult Household Member (if applicable) [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Date Date Date Date Page 47 O E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s) constitute(s) a: ❑ Extremely Low -Income (ELI) Household means and individual or family whose annual income does not exceed 30/50t" of the Very Low -Income (60 percent of VLI) percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ Very Low -Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ Low -Income (LI) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Based on the (year) income limits for the Naples -Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Printed Name F. Household Data Title Date Number of Persons By Race / Ethnic i By Age American Native Other Indian Asian Black Hawaiian or White 0 —25 26 —40 41 —61 62+ Other Pac. Islander Hispanic Non - Hispanic NOTE: Information concerning the race or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information, and refusal to give such information will not affect any right he or she has to the CDBG program. [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation Page 48 O EXHIBIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding the organization's compliance. In determining Federal awards expended in a fiscal year, the subrecipient must consider all sources of Federal awards, based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act Statute 215.97 requirements. Subrecipient Collier County Housing Authority Name First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year (MM/DD/YY) Total Federal Financial Assistance Expended Total State Financial Assistance Expended during during most recently completed Fiscal Year most recently completed Fiscal Year Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been ❑ met, and a Single Audit as required by 2 CFR Part 200 Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ❑ ❑ Are a for -profit organization ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we ❑ understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title [22-SOC-00912/1723783/11 COLLIER COUNTY HOUSING AUTHORITY CD22-01 HVAC Installation 06/18 Page 49 C�,p FAIN # -22-UC42-0016 Federal Award Date Est, 10/2022 Federal Award A ney HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14,218 Total Amount of Federal Funds Awarded $75,000.00 Subrecipient Name Poys & Girls Club of Collier County, Florida, Inc. UEI# WZDL89BJH59 FEIN 65-0279110 R&D NA Indirect Cost Rate NA Period of Performance 10/1/2022-9/30/2023 Fiscal Year End 5/31 Monitor End: 12/2023 AGREEMENT BETWEEN COLLIER COUNTY AND �OYS AND GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC . CDBG Grant Program -Public Serviced, TFIIS AGREEMENT is made and entered into this u day of �� 20;-, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY") having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and Boys & Girls Club of Collier County, Florida, Incl ("SUBRECIPIENT"), a brivate non-profit organization having its principal office at I7500 Davis Boulevard Naples, Florida 34104 WHEREAS, the COUNTY has entered into an Agreement with the United States Department of Housing and Urban Development (HUD) fora grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the Board of County Commissioners of Collier County ("Board") approved the Collier County Consolidated Plan— One-year Action Plan for Federal Fiscal Year�,022-2023 for the CDBG Program with Resolution I - I on I Agenda Item 1 1; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation ofvarious Annual Action Plans, the COUNTY advertised the �022-2023 Annual Action Plan, on I 1, with a 30-day Citizen Comment period from ( I to I 1; and &GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. Immokalee Transportation Project Page 1 Qd� WHEREAS, the SUBRECIPIENT has submitted a proposal for participation in the Collier County CDBG program; and WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in undertaking the CDBG project — (PS22-02mmokalee Transportation Projec. NOW, THEREFORE, in consideration of themu un enefits contained herein, it is agreed by the Parties as follows: PARTI SCOPE OF WORK SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: �mmokalee Transportation Projec� Description of project and outcome: iCHS, as an administrator of the CDBG program, will make available FY2022-2023 CDBG funds up to the gross amount of $75,000.00 to Boys & Girls Club of Collier County, Florida, Inc. to fund:, �'roject Component One: Sub -contracted transportation services for youths, to and from the Boys & Girls Club — Immokalee location. 1.1 GRANT AND SPECIAL CONDITIONS A. SUBRECIPIENT must submit the following resolutions and policies to the COUNTY within sixty (60) days of execution of this Agreement: ® Affirmative Fair Housing Policy Affirmative Action/Equal Opportunity Policy ® Conflict of Interest Policy Procurement Policy q Uniform Relocation Act (URA) Policy ® Sexual Harassment Policy d Section 3 Policy Section 504/ADA Policy Fraud, Waste, and Abuse Policy �® Language Assistance and Planning Policy (LAP) Limited English Proficiency Policy (LEP) Violence Against Women Act (VAWA) Policy LGBTQ Policy �80YS &GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. P522-02 Immokalee Transportation Project Page 2 06 J B. Environmental Review Requirement (ERR) — This Agreement does not constitute a commitment of Funds or site approval. The commitment of Funds or site approval may occur only upon satisfactory completion of environmental review and either (i) the determination that the project is Exempt or (ii) the COUNTY's receipt of an approved request for release of funds and certification from HUD, under 24 CFR Part 58. The provision of any funds to the project is conditioned on the COUNTY's determination to proceed with, modify, or cancel the project based on the results of the environmental review. No program costs can be incurred until an environmental review of the project is completed and approved by the COUNTY. Further, SUBRECIPIENT will not undertake any activity or commit any Funds prior to CHS issuing the Notice to Proceed (NTP) letter. Violation of this provision may result in the termination of this subaward and/or the denial of any reimbursement of funds under this Agreement. Annual Subrecipient Training—�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. In addition, at least one staff member shall attend all other CHS-offered SUBRECIPIENT training relevant to the Project, as determined by the Grant Coordinator, not to exceed four (4) sessionsl C. Linited English Prociency —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 persons") 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 HUD 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. 1.2 PROJECT DETAILS A. Project Description/Project Budget Descri lion Federal Amount ro•ect Com onent One: Sub -contracted transportation services for youths, to and from the Boys & Girls Club — Immokalee location. 75,000.00, Total Federal Funds: 75,000.00 BOYS & GIRIS CLUB OF COLLIER COUNTY, FLORIDA, INC. P522-02 Immokalee Transportation Project Page 3 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 I® Maintain and provide National Objective Documentation �® Provide Quarterly Reports on National Objective, Leveraged Funds, and project progress �® Ensure attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS �❑ Ensure attendance by SUBRECIPIENT and General Contractor at Pre -Construction meetings, prior to SUBBRECIPIENT issuance of Notice to Proceed (NTP) to contractor [� Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation �❑ Identify Lead Project Manager ❑, Provide Site Design and Specifications �❑ Submit Change Orders for CHS approval prior to SUBRECIPIENT authorizing work �❑ Comply with Davis -Bacon Labor Standards �❑ Comply with Section 3 and maintain documentation �❑ Provide weekly certified payroll throughout construction and rehabilitation �❑ Comply with Uniform Relocation Act (URA), if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible ❑ Ensure the applicable continued use period for the project is met B. National Objective The CDBG program funds awarded to Collier County must benefit low- to moderate -income persons (LMI). As such, SUBRECIPIENT shall ensure that all activities and beneficiaries meet the definition of: �❑ LMA —Low/Mod Area Benefit LMC — Low/Mod Clientele Benefit �❑ LMH — Low/Mod Housing Benefit LMJ — Low/Mod Job Benefit LMA: Must document where at least 51 percent of the residents are LMI persons, based on HUD determined eligible census tracts. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMC: Must document that at least 51 percent of persons served, are low- to moderate - income persons or households, in order to meet a CDBG National Objective. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must contain at least 51 percent occupied by LMI households, and structures with less than three units BOYS &GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. P522-02 Immokalee Transportation Project Page 4 CAO must be occupied by 100 percent LMI households. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMJ: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 percent of which (computed on a full-time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Insurance nsurance Certificate, Within 30 days of Agreement execution and Annually upon expiration date Special Grant Condition Policies olicies as stated in this Within sixty (60) days of Section 1.1 A reemen Agreement executio I Detailed Project Schedule Project Schedule of applicatil Project Plans and Specifications ISite Plans and Specification of applicablo Procurement Documents (Bid[Independent Cost Estimate, Within ninety (90) days of Packet) * Method of Procurement and, Agreement execution Solicitation Package or Documentation to support alternate service contract or/ cooperative purchasing agreement Subcontractor Log Subcontractor Lo of applicahl Quarterly Progress Report[Exhibit Cl 1. Quarterly reports within 10 days following the quarter end 2. Final report upon submission of the final pay request in Neighborly Leverage Funds Report xhibit C-1 11. Quarterly, within 10 days following the quarter end 2. Final report upon submission of the final pay request in Nei hborl Davis -Bacon Act Certified Weekly Certified Payroll Not applicable Payroll reports, forms, and supporting documentatio 1 Annual Audit Monitoring[Exhibit E[Annually, within 60 days after Report FY end Financial and Compliance Audit Audit, Management Letter, and[Annually: nine (9) months after Supporting Documentation FY end for Single Audit OR one hundred eighty (180) days after FY end Continued Use Certification Continued Use Affidavit, if Not applicable, applicabl Capital Needs Assessment Plan Plan approved by the COUNT I of a ]icable (BOYS &GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. PS22-02 Immokalee Transportation Project Page 5 .� 0 Program Income Reuse Plan I Plan Approved by the COUNT INotapplicablel * SUBRECIPIENT's Notice to Proceed may be withheld if procurement deliverables are not submitted in a timely manner, as stated in Section 1.2.C, Performance Deliverables. SUBRECIPIENT must submit to the COUNTY, for approval, all Change Orders required during the project. Failure to submit Change Orders in a timely manner, may result in delay or withholding of payment, as well as a cease work order until all change orders have been reviewed and approved, at which time a new Notice to Proceed will be issued. D. Payment Deliverables Pa ment Deliverable Pa ment SuVVortin Documentation Submission Schedule roject Component 1: Sub- Submission of supporting documents Submission of contracted transportation services must be provided as backup, as evidenced monthly payment for youths, to and from the Boys by vendor service agreement, invoices, requests, within 30 & Girls Club — Immokalee canceled checks or banking documents, days of the prior location. Exhibit B, and any other additional month] documentation as requested. 10% retainage will be withheld from each payment request. Final 10 percent of award amount will be paid upon completion of final monitoring clearance and documentation of meeting the National Objective] SUBRECIPIENT'S failure to achieve the National Objective will require repayment of the CDBG investment under this Agreement. 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall begin on,October I, 2022 and shall end on September 30, 2023�. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to SUBRECIPIENT. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available SEVENTY-FIVE THOUSAND DOLLARS AND ZERO CENTS ($75,000.00)� for use by SUBRECIPIENT, during the term of the Agreement (hereinafter, shall be referred to as the Funds). Modification to the Budget and Scope may only be made if approved in advance. Budgeted Fund shifts among line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only be made with Board of County Commissioners (Board) approval. BOYS &GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. P522-02 Immokalee Transportation Project Page 61 a C) The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks, as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of CDBG Funds until fundsare needed for eligible costs; and all disbursement requests must be limited to the amount needed at the time of the request. SUBRECIPIENT may expend Funds only for allowable costs resulting from obligations incurred during the term of this Agreement. Invoices for work performed are required every month. If no work has been performed during the month, or if SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is required. Explanations are required if two consecutive months of $0 invoices are submitted. Payments shall be made to SUBRECIPIENT when requested as work progresses, but not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. The COUNTY will pay SUBRECIPIENT Funds available under this Agreement based on information submitted by SUBRECIPIENT and consistent with any approved budget and COUNTY policies concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by SUBRECIPIENT, not to exceed actual cash requirements. Payments will be adjusted by CHS in accordance with advance Funds and program income balances available in SUBRECIPIENT accounts. In addition, The COUNTY reserves the right to liquidate Funds available under this Agreement for costs incurred by The COUNTY on behalf of SUBRECIPIENT. Final invoices are due no later than 90 days after the end of the Agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements, including timely submission of Performance Deliverables contained in Section 1.2.C. Late submission of deliverables or evidence of proiect inactivity 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 sections 218.70- 218.80, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 LEVERAGE FUNDS Leveraged funds must be identified, tracked, and verifiable in the SUBRECIPIENT's records. Resources must be fully identified and described in the Agreement and approved budget submitted with the application. Resources must also meet the following criteria to be allowable as leverage: a. Expenditures of leveraged funds or resources are permitted only for eligible activities and allowable costs under the cost principles specified by the OMB Circulars referenced in this Agreement. Expenditures must be necessary and reasonable for proper and efficient accomplishments of project or program objectives. �aOYS &GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. PS22-02 ^ Immokalee Transportation Project Page 7 I A✓ 0 b. Leveraged resources committed on one project may not be used as leverage or match for any other project or program. c. Leveraged resources must represent newly created resources covering expendihu•es that would not be incurred if the award were not made. d. Leveraged resources may not be Federal funds under a different award, except where Federal statute allows their use for cost sharing (such as the Community Development Block Grant program). e. Third -party cash or in -kind contributions offered as leverage require a commitment letter on company letterhead signed by the individual who is in a position to commit the in -kind contribution. The contribution is only allowable if not utilized towards matching dollars. 1.6 COST PRINCIPLES Payments to 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 1.6-Cost Principles) ofthis Agreement, SUBRECIPIENT is defined as described in 2 CFR 200.93. Accordingly, payments will be Lnade on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project tasks) listed under this Scope of Work. SUBRECIPIENT may 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 aL•e conditioned upon compliance with the procurement requirements provided in 2 CFR 200.318-200.327. Allowable costs incurred by Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles. SUBRECIPIENT is not subject to 2 CFR Subpatt E; however, the COUNTY is and may impose requirements upon SUBRECIPIENT to remain compliant with COUNTY's obligation to follow 2 CFR Subpart E. SUBRECIPIENT will use adequate internal conhols and maintain necessary source documentation for all costs incurred and adhere to any other accounting L�quirements included in this Agreement. 1.7 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsegLtent written notice. COLLIER COUNTY ATTENTION: (I'BD„ Grant Coordinator Collier County Government Community and Human Services Division 3339 E Tamiami Trail, Suite 213 Naples Florida 34112 Email: Telephone: ROYS &GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. P522-02 Immokalee Transportation Project Page 8 �d� SUBRECIPIENT ATTENTION: Megan McCarthy BeauvaiPresident & CEO; Boys & Girls Club of Collier Count I17500 Davis Blv `d aples, Florida 34104 Email: WeCarthy@beccc.con Telephone: ;(239) 325-17011 Remainder• of Page Intentionally Left Blank BOVS &GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. P522-02 Immokalee Transportation Project Page 9I % PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/ot its representatives) may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit all records, documentation, and any other data relating to all matters covered by the Agreement. SUBRECIPIENT must fully cleat• any deficiencies noted in audit reports within 30 days after its receipt of the report. SUBRECIPIENT'S failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning Subrecipient audits and 2 CFR 200.501 Federal Award amounts expended shall be determined in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements, 2.2 RECORDS AND DOCUMENTATION SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to determine compliance with the requirements of this Agreement, the CDBG Program, and all other applicable laws and regulations. This documentation shall include but is not limited to, the following: A. All records required by CDBG regulations. B. SUBRECIPIENT shall create and maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform the service. C. SUBRECIPIENT shall make available to the COUNTY or CHS at any time upon request, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of Funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail to properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. (BOYS &GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. P522-02 Immokalee Transportation Project Page 10 I Q U D. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for three (3) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200,3345 24CFR 570.493 and 24 CFR 570.502(a)(7)(ii). However, if any litigation, claim, or audit is started before the expiration date of the three (3) year period, SUBRECIPIENT will maintain the records until all litigation, claim, or audit findings involving these records are resolved. If SUBRECIPIENT ceases to exist after the closeout of this Agreement, it shall notify the COUNTY in writing, of the address where the records are to be kept, as outlined in 2 CFR 200.337. SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in SUBRECIPIENT'S possession upon termination 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 SUBRECII'II!;NT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, IT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-68329 4ichael.CoViiicolliercountvll.2ov, 3299 Tamiami Trail E, Naples FL 34112. E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of 1931, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, SUBRECIPIENT shall maintain records showing compliance with Federal purchasing requirements and other Federal requirements for giant implementation. F. 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. SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT'S compliance. G. SUBRECIPIENT shall document how it complied with the National Objective(s), as defined in 24 CFR 570.208, and the eligibility requirements) under which Funding has been received. This includes special requirements, such as necessary and appropriate determinations as defined in 24 CFR 570.208, income certification, and written agreements with beneficiaries, where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records, and at a cost that does not (BOYS &GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. P522-02 Immoka lee Transportation Project Page 11 I O C7 exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public records that are released From public records disclosure requirements are not disclosed, except as authorized by 2 CFR 200.337 and 2 CFR 200.338.1 2.3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit D) no later than 60 days after SUBRECIPIENT' S fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for Subrecipients exempt from Single Audit) after the SUBRECIPIENT'S fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may carry out no fewer than one (1) annual on -site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. Upon request by CHS, SUBRECIPIENT shall submit information and status reports required by CHS or HUD, to enable CHS to evaluate said progress and allow for completion of required reports. SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. COUNTY will monitor SUBRECIPIENT'S performance in an attempt to mitigate fraud, waste, abuse, or nonperformance, based on goals and performance standards as stated with all other applicable laws, regulations, and policies governing the funds provided under this Agreement, fLuther defined by 2 CFR 200.332. Substandard performance, as determined by CHS, will constitute noncompliance with this Agreement. If SUBRECIPIENT does not take corrective action 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 conhol systems and procedures necessary to prevent, detect, and correct incidents of fiaud, waste, and abuse in the per%rmance of this Agreement, and to provide proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT'S internal control systems and all transactions and other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees, and agents for the purpose of monitoring or• investigating the per•forrnance of this Agreement. (BOYS &GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. P522-02 Immokalee Transportation Project Page 12 1 O GP SUBRECIPIENT shall fully cooperate with COUNTY efforts to detect, investigate, and prevent and, 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 fiom CHS. The escalation policy for noncompliance is as follows: Initial noncompliance may result in the COUNTY issuing Findings or Concerns to the SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action plan to CHS within 10 business days following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to SUBRECIPIENT, as needed, in order to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely manner, the COUNTY may require a portion of the awarded grant funds to be returned to the COUNTY. • CHS may require SUBRECIPIENT to return upwards of 5 percent of the award amount to the COUNTY, at the discretion of the Board. • SUBRECIPIENT may be denied future consideration, as set forth in Resolution No. 2013-228. 3. If SUBRECIPIENT remains noncompliant or• repeats an issue that was previously corrected, and has been informed by CHS of their substantial noncompliance by certified mail, CHS may require that a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed, be returned to the COUNTY. �ROYS &GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. P522-02 Immokalee Transportation Project Page 13 CAO • CHS may require SUBRECIPIENT to return upwards of 10 percent of the award amount to the COUNTY. at the discretion of the Board. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. 4. If after repeated notification, SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend termination of the Agreement or award. CHS will make a recommendation to the Board to immediately terminate the Agreement. SUBRECIPIENT will be required to repay all Funds disbursed by CHS for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. 2.6 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. Reports showing lack of project activity may result in withholding of payment or issuance of a Notice of Noncompliance. Dw•ing the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 1 Oth day of January, April, July, and October, respectively, for the prior quarter period end. As part of the report submitted in October, SUBRECIPIENT agrees to include a comprehensive final report covering the agreed -upon Program objectives, activities, and expenditures including but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit C, which contains an example reporting form to be used in fulfillment of this requirement. Additionally, all leveraged funds utilized in support of this project will be submitted on Exhibit C-1 as part of the final report. Other reporting requirements may be required by the County Manager or designee if the Program changes, the need for additional information or documentation arises, and/or if 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. BOYS &GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. P522-02 Immokalee Transportation Project Page 14 1 040 PART III TERMS AND 3.1 SUBCONTRACTS The hansporation services may be subcontracted and no other 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. SUBRECIPIENT shall cause all provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. 3.2 GENERAL COMPLIANCE SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants), including subpart K of these regulations, except that (1) SUBRECIPIENT does not assume the COUNTY'S environmental responsibilities described in 24 CFR 570.604; (2) SUBRECIPIENT does not assume the COUNTY'S responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) SUBRECIPIENT is required to follow the Federal procurement process; and (4) for Developers, revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. SUBRECIPIENT also agrees to comply with all other applicable laws, regulations, and policies governing the Funds provided under this Agreement. SUBRECIPIENT further agrees to utilize Funds available under this Agreement to supplement rather than supplant funds otherwise available. SUBRECIPIENT is prohibited from using Funds provided herein, or personnel employed in the administration of the program for political activities, inherently religious activities, lobbying, political patronage, and nepotism activities. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. SUBRECIPIENT shall always remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt fiom payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance, as the SUBRECIPIENT is independent from the COUNTY. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such amendments make specific reference to this Agreement, are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY'S Board. Such jeOYS &GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. PS22-02 Immokalee Transportation Project Page 15 1 C `90 amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or Local governmental guidelines, policies, available funding amounts, or for other reasons. If such amendments result in a change in the funding, scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from HUD CDBG grant funds and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing the CDBG Funds pertaining to this Agreement. In the event of curtailment or non -production of said Federal Funds, or the reduction of Funds awarded by HUD to the COUNTY, to a level that the County Manager determines to be insufficient to adequately administer the project, the financial resources necessary to continue to pay SUBRECIPIENT all or any portion of the Funds will not be available. In either event, the COUNTY may terminate this Agreement, which shall be effective as of the date that it is determined by the County Manager or designee, in his/her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, 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 BVDEMNIFICATION To the maximum extent permitted by Florida law, SUBRECIPIENT shall indemnify and hold harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action, which may arise out of an act or omission including bLit not limited to, treasonable attorneys' and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies, which otherwise may be available to an indemnified patty or person described in this paragraph. SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith, shall defend all suits in the name of the COUNTY, and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in section 768.28, Florida Statutes. This section shall survive the expiration or termination of this Agreement. (BOYS &GIRLS CLUB Of COLLIER COUNTY, FLORIDA, INC. P522-02 Immokalee Transportation Project Page 16 ,y 3,9 GRANTEE RECOGNITION/SPONSORSHII'S SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of program sponsorships, research reports, and similar public notices, whether printed or digitally prepared and released by SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT MUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of SUBRECIPIENT. This design concept is intended to disseminate key information to the general public regarding the development team, as well as Equal Housing Opportunity. Construction signs shall comply with applicable COUNTY codes. If this Agreement results in any copyrightable material or inventions, CHS and/or the COUNTY reserve the right to royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use; and to authorize others to use the work or materials for governmental purposes. 3.8 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.341, this Agreement may be terminated for convenience by either the COUNTY or aUBRECIPIENT, m whole or in part, by setting with the reasons for such termination, the effective date, and in the case of partial terminations, the portion to be terminated. However, in the case of a partial termination, if the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. This Agreement may also be terminated by the COUNTY, if the award no longer effectuates the program goals or grantor agency priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement, in compliance with 2 CFR 200, Appendix II (A): A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as may become applicable at any time. B. Failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner. C. Ineffective or improper use of funds provided under this Agreement. D. Submission of reports to the COUNTY that are incorrect or incomplete in any material respect. (BOYS & GIRlS CLUB OF COLLIER COUNN, FLORIDA, INC. PS22-02 immokalee Transportation Project Page 17 I a� C) E. Submission of any false certification. F. SUBRECIPIEN I S failure to materially comply with any terms of this Agreement. G. Failure to materially comply with the terms of any other agreement between the COUNTY and SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any combination of one or more of the following remedies, in compliance with 2 CFR 200, Appendix II (B): A. Require specific performance of the Agreement in whole or in part. B. Require the use of, or• change in, professional property management, if applicable. C. Require SUBRECIPIENT to immediately repay to the COUNTY all CDBG funds received under this Agreement. D. Apply sanctions, if COUNTY determines them to be applicable. E. Stop all payments until identified deficiencies are corrected. F. Terminate this Agreement by giving written notice to SUBRECIPIENT specifying the effective date of such termination. If the Agreement is terminated by the COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. 3.9 SUSPENSION AND DEBARMENT SUBRECIPIENT certifies that neither it, nor its principals, are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded fiom participation in this transaction by a Federal Department or agency; and that SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, as outlined in Executive Orders 12549 (1986) and 12689 (1989), Suspension and Debarment, and 2 CFR 200.214, as further detailed in Section 4.18, 3.10 REVERSION OF ASSETS In the event of Agreement tenninatiar, in addition to any and all other remedies available to the COUNTY (whether under this Agreement, at law, or in equity), SUBRECIPIENT shall, at the time of termination (or expiration), immediately transfer to the COUNTY any property on hand and any accounts receivable attributable to the use of CDBG funds, per 24 CFR 570.503(b)(7). �ROYS &GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. PS22-02 .'a� Immokatee Transportation Project Page 18 1 0 The COUNTY receipt of any Funds on hand at the time of termination shall not waive the COUNTY'S right (nor excuse SUBRECIPIENT'S obligation) to recoup all or any portion of the Funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). All program assets (unexpended program income, property, equipment, etc.) shall revert to CHS upon termination of this Agreement. 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said insurance shall be carried continuously during SUBRECIPIENT'S performance under the Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the Federal Regulations for the Community Development Block Grant (24 CFR 570 et seq.). 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through 200.327) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing thresholds are: Ran e: Com etition Re uired W - ,M,000 3 Written Quotes $5001+ Formal Solicitation (ITB, RFP, etc.) All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or put out to competitive bidding under a procedure acceptable to COUNTY and Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest, responsible, and qualified bidder. SUBRECIPIENT shall manage and CHS shall monitor contract administration. CHS shall have access to all records and documents related to the Project. In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall provide a preference for• the purchase, acquisition, or• use of goods, products, or materials produced in the United States. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II (J) and 2 CFR 200.323. jBOYS & GIRlS CLUB OF COLLIER COUNTY, FLORIDA, INC. ^ P dJ Immokalokalee Transportation Project Page 19 1 O 3.14 PROGRAM GENERATED INCOME No Program Income is anticipated. However, if Program Income is derived from the use of CDBG Funds disbursed under this Agreement, such Program Income shall be utilized by SUBRECIPIENT oEly for CDBG-eligible activities approved by the COUNTY. Any Program Income (as such term is defined under applicable Federal regulations) gained from any SUBRECIPIENT activity funded by CDBG Funds shall be reported to the COUNTY through an annual Program Income Re -use Plan, utilized by SUBRECIPIENT accordingly, and shall comply with 2 CFR 200.307, 24 CFR parts 570.489 and 570.500, and 24 CFR 570.504 in the operation of the Program. When Program Income is generated by an activity that is only partially assisted by CDBG Funds, the income shall be prorated to reflect the percentage of CDBG Funds used. If there is a Program Income balance at the end of the Program Year, such balance shall revert to the COUNTY's Community Block Grant Program, for further reallocation. 3.15 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT'S obligation to the COUNTY shall not end until all closeout requirements are completed. SUBRECIPIENT may close out the project with the COUNTY after the ;expiration of the Agreement Activities during this closeout period shall include, but are not limited to making final payments; disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY); and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that SUBRECIPIENT has control over CDBG Funds, including program income. In addition to the records retention outlined in section 2.2 (Records and )ocumentation) of this Agreement, SUBRECIPIENT shall comply with section 119.021, Florida Statutes, regarding records maintenance, preservation, and retention. A conflict between State and Federal records retention requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. Any balance of unobligated Funds that have been advanced or paid must be returned to the COUNTY. Any Funds paid exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information complying with section 215.97, Florida Statutes, the 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 SUBRECIPIENT agrees that no person shall be excluded fiorn the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement based on race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower -income residents of the project areas shall be given opportunities for training and employment. Also, to the greatest extent practicable, eligible business concerns located in or owned in substantial pall by persons residing in the project areas shall be (BOYS & GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. PS22-02 OdrJ Immokalee Transportation Project Page 20 awarded contracts in connection with the project. SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968, 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES SUBRECIPIENT will use its best efforts to afford small businesses and minority and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and "minority and women's business enterprise" means a business that is at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Black Americans, Hispanic Americans , Asian/PacificAmericans, Native Americans, and Hasidic Jews. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and women's business enterprises, in lieu of an independent investigation. 3.18 PROGRAM BENEFICIARIES If the Agreement is meeting a National Objective through an LMI strategy, at least 51 pe1•cent of the beneficiaries of a project Funded through this Agreement must be low- and moderate -income persons, or presumed to be low- to moderate -income persons based on applicable regulation. Determination of income eligibility is based on the annual income of the family or household. This Agreement conforms to the definition of Annual Income, per 24 CFR 570.3(1)(i), where Annual income is defined under the Section 8 Housing Assistance Payments. Details for calculating the Annual Income are contained in 24 CFR 5.609, with practical instructions contained in HUD Handbook 4350.3, Chapter 5. If the project is located in an entitlement city, as defned by HUD, or serves beneficiaries countywide, more than 30 percent of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the COUNTY's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit C of this Agreement. 3.19 AFFIItMATIVE ACTION SUBRECIPIENT agrees that it is committed to carrying out an Affirmative Action Program pursuant to the COUNTY'S specifications, in keeping with the pt•inciples as provided in President's Executive Order 11246 of September 24, 1966. Prior to the award of funds, SUBRECIPIENT shall submit for approval a plan for an Affirmative Action Program. The Affirmative Action Program must be updated throughout the continued use period and submitted to the COUNTY within 60 days of any update/modification. SUBRECIPIENT contracting officer will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or worker's representative of the (BOYS & GIRlS CLUB OF COLLIER COUNTY, FLORIDA, INC. P522-02 Q Immokalee Transportation Project Page 21 d J SUBRECIPIENT's commitments hereunder; and shall post copies of the notice in conspicuous places available to all employees and applicants for employment. 3.20 CONFLICT OF INTEREST SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement; and that no person having any conflict of interest shall be employed or subcontracted by SUBRECIPIENT. SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest," 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. 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 SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT'S ability to self -manage the projects using its own employees. Any possible conflict of interest on the part of SUBRECIPIENT, its employees, or its contractors shall be disclosed to CHS in writing, provided however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low- and moderate -income residents of the project target area. 3.21 BYRD ANTI -LOBBYING AMENDMENT Each tier certifies that the tier above it will not, and has not, used Federally appropriated funds to pay any person or organization for influencing or attempting to influence the award of Federal funds, as covered by 31 USC 1352, and more fully described in Section 4.54 of this Agreement. Contractors who apply or bid for an award of $100,000 or more shall file the required certification. 3.22 RELIGIOUS ORGANIZATIONS CDBG Funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment and will not limit employment or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services and will not limit such services or give preference to persons based on religion. BOYS & GIftIS CLUB OF COLLIER COUNTY, FLORIDA, INC. P522-02 0 Immokalee Transportation Project Page 22 Q V C. It will retain its independence from Federal, State, and Local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided it does not use direct CDBG Funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. The Funds shall not be used for the acquisition, construction, or rehabilitation of stuctures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG Funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities, in accordance with the cost accounting requirements applicable to CDBG Funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. 3.23 INCIDENT REPORTING If SUBRECIPIENT provides services to clients under this Agreement, SUBRECIPIENT and any subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect, or• exploitation of a child, aged person, or disabled person. 3.24 SEVERABILITY Should any provision of this Agreement be determined unenforceable or invalid, such determination shall not affect the validity or enforceability of any other section or part thereof. 3.25 1VIISCELLANEOUS SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. SUBRECIPIENT represents and warrants that the financial data, reports, and other information it furnished to the COUNTY regarding the Project are accurate and complete, and financial disclosures fairly represent the financial position of SUBRECIPIENT. SUBRECIPIENT understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the COUNTY's or SUBRECIPIENT's responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service and, in case of a minor, that of a responsible parent/guardian. SUBRECIPIENT certifies that it has the legal authority to receive the Funds under this Agreement and its governing body has authorized the execution and acceptance of this Agreement. The SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind SUBRECIPIENT to the terms of this Agreement. The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida, without giving effect to its provisions regarding choice of laws. (BOYS &GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. P522-02 Immokalee Transportation Project Page 23 O G� All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all applicable Federal, State, and Municipal laws, ordinances, regulations, orders, and guidelines, including but not limited to any applicable regulations issued by HUD. Electronic Signatures. This Agreement, and related documents entered into in connection with this Agreement, are signed when a party's signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. 3.26 WAIVER The COUNTY's failure to act with respect to a breach by SUBRECIPIENT does not waive its right to act with respect to subsequent or similar breaches. The COUNTY'S failure to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. Remainder of Page Intentionally Left Blank BOYS &GIRLS CLUa OF COLLIER COUNTY, FLORIDA, INC. Ps22-02 CAS Immokalee Transportation Project Page 24 1 PART IV GENERAL PROVISIONS 461 24 CFR 570 as amended- All the regulations regarding the CDBG program https://www.ecfr.gov/cizi-bin/text-idx?tpl=/ecfrbrowse/Title24/24cfr570 main 02.tpl 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. https://www.eefr.gov/cgi-bin/text- idx?SID=lacdb92f3b05c3f285dd76c26dl4f54e&mc--true&node=pt24.1.58&r ng div5 Resource Conservation and Recovery Act (RCRA). Under RCRA codified at 42 USC 6962, state and local institutions of higher education, hospitals, and non-profit organizations that receive direct Federal awards or other Federal Funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to the EPA guidelines. Summary of the Resource Conservation and Recovery Act I US EPA 4.3 Hatch Act: The SUBRECIPIENT shall comply with the Hatch Act, 5 USC 1501-1508 and shall ensure that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 Title V of the USC Federal Resister: Political Activity -State or Local Officers or Employees, Federal Employees Residingin n Designated Localities: Federal Employees 4.4 Section 104(d) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended Section 109 of the HCD Act of 1974 1 HUD.gov / U.S. Department of Housing and Urban Development (HUD) Section IAA (d) of the Housing AC Development Act of 1974, as amended (see Al USC 5304(d)) - HUD Exchanges, 4.5 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. https://www.hud.gov/sites/documents/DOC 7771.PDF https://www.justice.gov/crt/fair-housing act-1 Executive Order 11063 — Equal Opportunity in Housing https://www.archives.gov/federal- register/codification/executive-order/11063.html Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs https://www. archives. goy/federal-register/cod ification/executive-order/ 12259.htm l 24 CFR Part 107 -Non- Discrimination and Equal Opportunity in Housing under E.O. https://www.law.cornell,edu/cfr/textt24/part-107 4.6 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.goy/programdescription/title6 4.7 This Agreement is subject to 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared, or improved with assistance provided under this Agreement, (BOYS & GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. P522-02 Immokalee Transportation Project Page 251 C40 SUBRECIPIENT shall cause or require a covenant running with the land to be inserted in the deed or lease of such transfer, prohibiting discrimination herein as defined, in the sale, lease, or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the COUNTY and the United States are beneficiaries of and entitled to enforce such covenants. SUBRECIPIENT, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4.8 The Temporary Assistance for Needy Families Program (TANF) 45 CFR Potts 260-265, the Social Services Block Grant 42 ISC 1397d and other applicable federal regulations and policies promulgated thereunder. Temporary Assistance for Needy Families I Benefits.gov eCFR: 45 CFR Part 260 -- General Temporary Assistance for Needy Families (TANF) Provisions The Pro -Children Act: Contractor agrees to comply with the Pro -Children Act of 1994, 20 USC 6083, Pro -Children Act Of 19941 Legislation I US Encyclopedia of law (lawi.us) 4.9 Public Announcements and Advertising: When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs Funded in whole or in part with Federal money, SUBRECIPIENT shall clearly state (1) the percentage of the total costs of the program or project which will be financed with Federal money, (2) the dollar amount of Federal funds for the project or program, and (3) percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources. 4.10 Purchase of American -Made Equipment and Products: SUBRECIPIENT assures that, to the greatest extent practicable, all equipment and products purchased with funds made available tinder this Agreement will be American -made. 4.11 24 CFR 570.601 Subpart K -The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://Nvwvv.p,po.pov/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-sec570- 602Tadf 4.12 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 -which establishes hiring goals for• minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https:H%vww.dol.gov/apencies/ofccp/executive-order- 11246/as-amended EO 11375 and 12086: see item #8 below 4.13 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for (BOYS &GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. PS22-02 Immokalee Transportation Project Page 26 j 7 ra employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission eeoc. ov 4.14 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. 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 fiom 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, 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." Section 3 requires 25 percent of the total labor hours must be worked by Section 3 workers and 5 percent of the total labor hours must be worked by Targeted Section 3 workers. If SUBRECIPIENT is unable to meet these benchmarks, efforts taken to meet the requirements must be described. Examples include held job fairs, conduct on the job training, outreach efforts to public housing residents, and connecting residents to supportive services. Section 3 requires 25 percent of the total labor hours must be worked by Section 3 workers and 5 percent of the total labor• hours must be worked by Targeted Section 3 workers. If the SUBRECIPIENT is unable to meet these benchmarks, efforts taken must be described to meet the requirements. Examples include: held job fairs, conduct on the job training, outreach efforts to public housing residents, and connecting residents to supportive services. SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG-funded project is located; (BOYS &GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. P522-02 Immokalee Transportation Project Page 27 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 14UD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low - and very low-income participants in other HUD programs. https://www.hud,gov/sites/documents/DOC 12047.PDF SUBRECIPIENT certifies and agrees that no conhactual or other legal incapacity exists that would prevent compliance with these requirements. https://www.ecfr.gov/current/title-24/subtitle-A/part-75 4.15 SUBRECIPIENT shall not assign or transfer any interest in this Agreement without the prior written consent of the COUNTY thereto; provided, however, that claims for money due or to become due to SUBRECIPIENT from CHS under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to CHS. 4.16 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107, and 12086. Age Discrimination Act of 1975 https:/hvww.law.comell.edu/uscode/textt42/chapter-76 11246: https://www.dol. ovg/ofccp/reQs/statutes/eo11246.htm 11375: Amended by EO 11478 11478: https://www.archives.gov/federal-register/codification/executive-order/I1478.htm1 12107: https://www.archives.izov/federal-register/codification/executive-order/12107.html 12086: https://www.archives.gov/federal-register/codifrcation/exccutivc-order/12086,html 4.17 Contract Work Hours and Safety Standards Act, 40 USC 327-332. https://www.dol.gov/whd/regs/statutes/safe0l1 r�df 4.18 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: https://www.e� og•v/ocr 29 USC 776: https://law.onecle.com/uscode/29/776.html 24 CFR 570.614: https://www.law.comell.edu/cfr/text/24/570.614 4.19 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudap (BOYS &GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. P522-02 n Immokasee Transportation Project Page 28 1 ON J 4.20 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.fhwa.dot. og v/real estate/uniform act/index.cfm 4.21 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all construction contracts funded by CDBG. Davis -Bacon Act: 42 USC 276a to 40 USC 276a: https://uscodeIhouse.gov/view.xhtml?rec) granuleid:USC-1999-title40-section276a- 7&num=0&edition=1999 29 CFR Pat•t 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States Ups://%vww.law.comell.edu/cfr/text/29/part-3 29 CFR Part 5 -Labor• Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) his://www.law.comell.edu/cfr/text/29/part-5 Executive Order 11914 -Prohibits discrimination with respect to the handicapped, in federally assisted projects. https://www.presidency.ucsb.edu/ws/index.phhp?pid=23675 4.22 As a supplement to the Davis -Bacon Act requirements, the SUBRECIPIENT agrees to comply with the "Copeland Anti -Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or subcontractors from inducing an employee to relinquish any part of his/her compensation, under the federally -funded contract. 18 U.S.C. 874 https://www. ovg info.gov/content/pkke/USCODE-2010-titlel8/pdffUSCODE-2010- titlel8.pdf 40 U.S.C. 276c https:Huscode.house.gov/view.xhtml?rcg=granulcid:USC-1999-title40- section276c&num=0&edition=1999 4.23 Executive Order ] 1625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 -which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. https://www.archives. eov/federal-register/codification/executive-order/ I l 625.htm I 4.24 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and conttacting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act (HCDA) are still applicable. 24 CFR 570.607: e0Y5 &GIRLS CLU B OF COLLIER COUNTY, FLORIDA, INC. P522-02 Immokalee Transportation Project Page 29 I Odo https://%vww.ecfr.gov/cgi-bin/text- idx?SID=9eae3f8eaa99I f0411 f3 83b74003bcb 1 &mc=true&node=pt24 3 570&rgn=div5#se24 3 5 70 1607 E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm 4.25 Public Law 100-430 -the at Housing Amendments Act of 1988. hftps://www.ncbi.nlm.nih.gov/pubmed/12289709 4.26 2 CFR 200 et seq -Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. hgps•//Nvww ecfr gov/cizi-bin/text-idxytpl=/eefrbrowse/Titl6O2/2cfr200 main 02 tRl 4.27 2 CFR 200.216 —Prohibition on certain telecommunications and video surveillance services or equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or grant funds to: 1) procure or obtain; 2) extend or renew a contract to procure or obtain; 3) enter into a contract (or extend or renew a contract) to procure or obtain equipments, services, or systems that use(s) covered telecommunications equipment or services as a substantial component of any system, or as critical technology as part of any system. 4.28 Immigration Reform and Control Act of 1986 S.1200 - 99th Congress (19854986): Immigration Reform and Control Act of 19861 Con rg ess.gov I Library of Congress 4.29 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- httpss://www.lawserver.com/law/state/florida/statutestflorida statutes chapter 112 part iii Collier County- http://www.coll iergov.net/home/showdocument?id=3 513 7 4.30 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except that the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.31 Venue -Any suit of action brought by either parry 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). BOYS &GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. P522-02 Immokalee Transportation Project Page 30l U 4.32 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the patties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation, and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision -making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either patty fail to submit to mediation as required hereunder, the other patty may obtain a court order requiring mediation under section 44.102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court; and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. https://www.flsenate.gov/Laws/Statutes/2012/44.102 4.33 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. https://www. ovg info.gov/content/pkg/USCODE- 2010-title42/httnVUSCODE-2010-title42-cha 8p 5.htm https://www.law.comell.edu/uscode/text/42/chapter-85 Its Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.izovinfo.gov/contenttpkg/USCODE-2011-title33/P df SCODE-2011-title33- chap26.pdf https://www.law.comell.edu/uscode/text/33/chapter-26 4.34 In accordance with the requirements of the Flood Disaster• Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 SubpartK), the SUBRECIPMN I 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 fiom FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. https:H%vww.law.comell.edu/cfr/text/24/570.605 4.35 SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to the HUD Lead -Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.hudexchan eg info/proerams/lead-based-paint/ 4.36 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. nhpaTitle54Dec2016.pdf (ncshpo.org) https://www. achpgov/sites/default/files/regulations/2017-02/regs-revO4.pdf BOYS & GIRIS CLUB OF COLLIER COUNTY, FLORIDA, INC. PS22-02 Immokalee Transportation Project Page 31 04 In general, this requires concurrence fiom 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. nhpaTitle54Dec2016.pdf (neshpo.org) 4.37 SUBRECIPIENT must certify that it will provide drug -free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). https://www.gpo.gov/fdsys/granule/USCODE-2009-title4l/IJSCODE-2009-title4I -chap 10- sec701 4.38 SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. https://www.archives.gov/federal-register/codification/executive-order/ 12549.htm I 4.39 SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200, et seq. 4.40 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT'S fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S fiscal year. Per 2 CFR 200.345, if this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. https://www.eefr.gov/cgi-bin/text- idx?SID=5a78addefff9a535e83fed3010308aef&mc=true&node=se2.1.200 1344&rgn=div8 Any real property acquired by the SUBRECIPIENT for the purpose of carrying out the projects stated herein and approved by the COUNTY, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within SUBRECIPIENT control, which is acquired or improved, in whole or part, with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570,505, SUBRECIPIENT agrees to comply with the requirements of 24 CFR 570.606 c governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the HCD (BOYS & GIRIS CLUB OF COLLIER COUNTY, FLORIDA, INC. PS22-02 Immokalee Transportation Project Page 32l �% (7 Act; and the requirements in 24 CFR 570.606 (d) governing optional relocation policies. SUBRECIPIENT shall provide relocation assistance to displaced persons as defined by 24 CFR 570,606 (b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition, or conversion for a CDBG assisted project. SUBRECIPIENT also agrees to comply with applicable COUNTY ordinances, resolutions, and policies concerning the displacement of persons from their residences. )https://Nvww.gpo.goy/fdsys/eranule/CFR-1999-title49-vol l/CFR49994itle49-vol l-sec24-101 https://www. ovg info.gov/app/details/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-505 4.41 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. http://xvww.leg.state.fl.us/Statutes/index.cftn?App mode=Dis lalay Statute&Search String--&UR L=0200-0299/0287/Sections/0287.133.html 4.42 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.43 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. SUBRECIPIENT shall obtain written approval from CHS for any outside travel outside the metropolitan area with funds provided under this Agreement. hqps://www.p,sa.p,oy/portal/contenL/104877 4.44 Equal access in accordance with the individual's gender identity in community planning and development programs, pet• 24 CFR 5.106. https://www.izovreps.com/regulations/enand/title24 parts subpartA section5.106 (BOYS & GIRlS CLUB OF COLLIER COUNTY, FLORIDA, INC. P522-02 Immokalee Transportation Project Page 33 1 �� 4.45 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in §5.100, required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. eCFR :: 24 CFR Part 214 Subpart D -- Program Administrationhttps://www.law.comell.edu/cfr/text/24/5.111 4.46 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.fcderalre ig ster.gov/documents/2016/11/16/2016-25888/violence-against-women- reauthorization-act-of-2013-implementation-in-hud-housing=programs 4.47 Any rule or regulation determined to be applicable by HUD. 4.48 Florida Statutes section 448.095 Employment Eligibility. Per Florida Statute 448.095(3), all Florida private employers are required to verify employment eligibility for all new hires beginning January 1, 2021, Eligibility determination is not required for continuing employees hired prior to January 112021, hiip://www.leg.state.fl.us/statutes/index.efin?App mode=Displav Statute&URL=0400- 0499/0448/0448.htm1 4.49 Florida Statutes section 713.20, Part 1, Construction Liens Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us) 4.50 Florida Statutes section 119.021 Records Retention Statutes & Constitution :View Statutes : Online Sunshine (state,mus) 4.51 Florida Statutes section 119.071, Contracts and Public Records http://www.legstate.fl.us/Statutes/index.cfm?App mode=Dis9lay Statute&URL=0100- 0199/0119/Sections/0119.071.html 4.52 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 hhtt ://wWW.lep.gOV. 4.53 Equal Treatment of Faith -Based Organizations: By regulation, HUD prohibits all recipient organizations from using financial assistance fi•om HUD to fund explicitly religious activities. The SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see https://ojgpov/about/ocr/partnerships.htm, Discrimination on the basis of religion in employment is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on a case -by -case basis to allow some faith -based organizations to receive HUD funds while taking GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. Immokalee Transportation Prgec[ Page 34 �d7 into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights, 4.54 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 Advisorypdf for more details. 4.55 Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENT will not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. 4.56 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds 18 U.S. Code & 1001 - Statements or entries generally I U.S. Code I US Law I LII / Legal Information Institute (cornell.edul Beneficiaries are subject to this False Claims Act that include the following: 31 U.S.C. 3729 -False claims -Document in Context - USCODE-2010-title3l-subtitleIII-chap37-subchaplIl-sec3729 ( ovg info.gov) 31 U.S. Code & 3729 - False claims I U.S. Code I US Law I LII / Legal Information Institute (comell.edu) 4.57 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. Ia0Y5 &GIRLS CLUB OF COLLIER COUN7V, FLORIDA, INC. PS22-02 Immokalee Transportation Project Page 351 �Z U 4.58 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. 4.59 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of the SUBRECIPIENT and any employees of the SUBRECIPIENT. The details of the SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at https://oip.gov/fundina/Explore/ProhibitedConduct-Trafficking htm, 4.60 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of OJP. 4.61 If the SUBRECIPIENT wishes to enter into a contract with a small business form or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under this funding agreement, the SUBRECIPIENT must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Busines Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by HUD. hitps://www.ecfr.gov/cgi- bin/retrieveECFR?eo=&SID=a004b6bf20934ace7a717de761 dc64c0&mcrtrue&n=pt3 7.1.40I &r =PART&ty=HTML ENTII2E AGREEMENT This Agreement constitutes the entire agreement between COUNTY and SUBRECIPIENT for the use of Funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between COUNTY and SUBRECIPIENT with respect to this Agreement. (Signature Page to Follow) BOYS &GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. P522-02 Immokalee Transportation Project Page 36 GQ' N WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: 1 AS TO COUNTY: CRYSTAL K. KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk Dated: (SEAL) Wijtttess #1 Signature W�VIP �'��r�1 i� ss#1 P me ame IVA Witness #2 Signatt / %DUfSL I1(t ►iek Witness #2 Printed Name Approved as to form and legality: Derek D. Perry Assistant County Attorney �\1v Date: \\� By: ILLIAM L. McDANIEL, JR., CHAIRPERS014 Date: AS TO SUBRECIPIENT: BOYS &GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. I PRESIDENT &CEO; [Please pfovide evidence of signing authority] 180Y5 &GIRLS CLUB OF COLLIER COUNiY, FLORIDA, INC. P522-02 Immokalee Transportation Project Page 371 G'AO PART V EICHIIBITS INSURANCE REQUIItEMENTS 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: Workers' Compensation as required by Chapter 44Q Florida Statutes. 2. Commercial General Liability, including products and cornpleted 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. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in I — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this Agreement. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than one hundred (100%) percent of the insurable value of the buildings) or• sh•ucture(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 (BOYS & GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. PS22-02 Immokalee Transportation Project Page 38 CAO the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Agreement: 7, Workers' Compensation as required by Chapter 440, Florida Statutes. 8, Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injmy and Property Damage. 10. Property Insurance coverage on an "All Risk" basis, in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee, with respect to this coverage A.T.LM.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.LM.A. (BOYS &GIRLS CLUE OF COLLIER COUNTY, FLORIDA, INC. P522-02 Immokalee Transportation Project Page 39 �9 Illtjmm COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIEN I Name: I Boys & Girls Club of Collier County, Florida, Inc. SUBRECIPIENT Address: 7500 Davis Boulevard Naples, Florida 34104 Project Name: Immokalee Transportation Project Project No: [PS2M2 J Payment Request Total Payment Minus Retainage Period of Availability: � 10/1/2022� through 19l30/2023 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $ 75,000.00 $ 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 SUBRECIPIENT1 To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Date Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor (Approval required $15,000 and Division Director (Approval Required above) $15,000 and above) BOYS & GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. PS22-02 Immokalee Transportation Project Page 40 I n �O EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA The COUNTY is required to submit Performance Reports to IIUD through the Integrated Disbursement and Information System (IDIS). The COUNTY reports information on a quarterly basis. To facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten (10) days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Subrecipient Name: Boys &Girls Club of Collier Date: County, Florida, Inc Project Title: I hnmokalee Transportation Project IDIS M Program Contact: I I Telephone Number: Activi Re ortin Period Re or[ Due Date October I" —December 3 151 January 1061 January 151- March 3111 Aril 10' April V —June 30fl, July 10a' Jul 1" —Sep tetnber 301h October 10' REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 12/311,22 3/31AR A, 6/3W31 9/30M I Final: Please note: The HUD Program year begins October 1, 2022 September 30, 2023,1. Each quarterly report must include cumulative data beRinning from the start of the program eat October 1, 2022. 1. Please list the outcome goals) from your approved application and SUBRECIPIENT Agreement and indicate your progress in meetingthose oals since IOctober 1, 202 . a. Outcome Goals: list the outcomegoal(s) from your approved application and SUBRECIPIENT Agreement Outcome 1: Delivery of transportation services to and from the Bo s & Girls - Bolch Club in Immokalee FL. Outcome 2: 1400 unduplicated youth will receive transportation services. Outcome 3: 1 Document that no less than 51% of beneficiaries qualify as Low -to -Moderate Income persons, in order to achieve the LMC National Objective. b. Goal Progress: Indicate the progress to date in meeting each outcome goal. Outcome 1: Outcome 2: Outcome 3: 2. Is this ro'ect still in compliance with the original project schedule: Yes ❑ No ❑ If No, Ex lain: 3. Since ',October 1, 2022,; of the persons assisted, how many... Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes a. ...now have new access(continuing) to this service or benefit? 0 b. ...now have improved access to this service or benefit? 0 c. ...now receive a service or benefit that is no longer substandard? 0 Total 0 4. What funding sources did the SUBRECIPIENT apply for this period? Section 108 Loan Guarantee CDBG Other Consolidated Plan Funds HOME Other Federal Funds $ ESG HOPWA Total Entitlement , (BOYS &GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. P522-02 Immokalee Transportation Project Page 411 0 Funds 5. What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if applicable? Answer question 5a or 5b; NOT both For LMC activities: people, race/ethnicity, and income data are reported by persons. For LMH activities: households, race/ethnicity, and income level are reported by households, regardless the number of persons in the household. a. Total No. Persons/Adults served (LMC) 0, Total No. persons served under 18 0, LMC Quarter Total No. of Persons 0 Quarter Total No. of Persons 0 b. Total No. of Households served 07Total No. of female head of household 0, LMH 6. What is the total number of UNDUPLICATED clients served smce,Octobe „ if applicable? Answer question 6a or 6b, NOT both For LMC activities: race/ethnicity and income data are reported by persons. a. Total No. Persons/Adults served (LMC) 0, Total No. Persons served under 18 01 LMC YTD Total: 0 YTD Total 0 b. Total No. Households served LMH 0 Total No. female head of household (LMH) 0 YTD Total YTD Total Complete EITHER question 7 or 8, NOT both Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY LMCQuarter LMC YTD Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED served this quarter who fall into each presumed benefit persons served since,'October 1 who fall into each category (the total should equal the total in question #6a presumed benefit category (the total should equal the or 6b : total in question #6a or 6b : a Presumed Benefit Activities Onl LMC TR b Presumed Benefit Activities Only LMC YTD Abused Children ELI III Abused Children ELI Homeless Person ELI 10, Homeless Person ELI ,0, Migrant Farm Workers LI 0, Migrant Farm Workers LI Battered Spouses LI 0, Battered Spouses LI 0, Persons w/HIV/AIDS LI 0, Persons w/HIV/AIDS LI 0, Elderly Persons LI or MOD ,O Elderly Persons LI or MOD 0 Illiterate Adults LI 0, Illiterate Adults LI ,0, Severely Disabled Adults LI 0, Severely Disabled Adults LI 0 Quarter Total---;] 0 YTD Total 8. Com lete question Sa and Sb if an client in our program does not fall into a Presumed Benefit category, Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED served this Quarter who fall into each income category persons served since,October 11 (YTD) who fall into the total should equal the total in question #6 : each income category the total should equal the total Ia0Y5 &GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. P522-02 Immokalee Transportation Project Page 42 a� 0 in question #6 : a ELI Extremely Low Income (0-30%) j1d, b ELI Extremely Low Income 0-30% LI Low Income (31-500/6) �0, LI Low Income iQ MOD Moderate Income (5I40%) to— MOD Moderate Income 51-80% NON-L/M Above Moderate Income (>80%) d NON-L/M Above Moderate Income >80% �0, Quarter Total �0, YTD Total ,11 9, Is this project in aLow/Mod Area (LMA)? YES NO Was project completed this quarter? E 11 NO Ifyes, complete all of this section 9. Date project completed Block Group Census Tract Total Beneficiaries Low/Mod Beneficiaries Low/Mod Percentage a o Ifi A A Date LMA Narrative approved by CHS? What documentation supports project completion? (i.e., Certificate of Completion or Certificate of Occupancy, etc. 10. Racial &Ethnic Data if a licable Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients clients served this Quarter fall into each race served since October 11 (YTD) fall into each race category. category. In addition to each race category, please In addition to each race category please indicate how many indicate how many persons in each race category persons in each race category consider themselves consider themselves Hispanic. (Total Race colmnn Hispanic. (Total Race column should equal the total in should equal the total in question 6.question 6. a. RACE ETHNICITY b. RACE ETHNICITY /HISPANIC /HISPANIC White 0 White 0 Black/African American 0� Black/African American '0 Asian 0 1 Asian 10 American Indian/Alaska Native A�Q American IndiantAlaska 101 Native Native HawaiiaidOther Pacific Islander iQ Native Hawaiian/Other Pacific iQ , Islander Black/African American & White Black/African American te ;0, , White American Indian/Alaska Native & iQ ,0, American Indian/Alaska ;0, , Black/African American Native & Black/African American Other Multi -racial 0 Other Multi -racial 0 0, 0 0 0 I hereby certify the above information is true and accurate. Name: Signature: Title: Your tvaed name here represents vour electronic signature (BOYS &GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. P522-02 Immokalee Transportation Project Page 43 1 0 EXHIBIT C4 Community Development Block Grant (CDBG) Leveraged Funds Report Leveraged Funds must be identified, hacked, and verifiable. Resources must be fully identified and described as submitted with SUBRECIPIENT's application. Subrecipient Name: poys & Girls Club of Collier County, Florida, Inc. Report Period: Fiscal Year: Contract Number: PS22-02 Program: Immokalee Transportation Project Contact Name: Contact Number: Leveraged Funds See EXAMPLE below for how to complete this form. Source Amount Type Use Total Project Cost Ratio: EXAMPLE Source Amount Type Use CDBG $1,000,000 Other Federal Funds Land Acquisition HOME $870,000 Federal Funds Infrastructure Private Donation $1,200,000 Cash & In -Kind Infrastructure Philanthropic $3,500,000 Cash — local funds 52 units Affordable Housing Total Project Cost $655709000 Ratio: $1 Federal Dollar $2.51 Local Funds [Signature Page to FollotvJ ROYS &GIRLS CLUB OF COLLIER COUNTV, FLORIDA, INC. PS22-02 Immokalee Transportation Project Page 44 I hereby certify the above information is true and accurate, Signature: I Date: Printed Name: Title: Your typed name here rem esents your electronic sienature0 jeOYS &GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. PS22-02 Immokalee Transportation Project Page 45l "biz � r � INCOME CERTIFICATION INSTRUCTIONS Complete this form and retain appropriate supporting documentation proving CDBG assistance to an eligible beneficiary. Please retain in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names —All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 10.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets B b 0.00 If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave blank. B(c) (BOYS & GIRlS CLUB OF COLLIER COUNTY, FLORIDA, INC. P522-02 Immokalee Transportation Project Page 46 '1 C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages / Salaries (include tips, commissions, bonuses, and overtime) Benefits / Pensions Public Assistance Other Income Asset Income (Enter the greater of box B(b) or 1 box B(c), 2 above, in 3 box C(e) 4 below) 5 6 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 0.00 0.00 Enter total of items C(a) through C(e). This amount is the Annual Anticipated Household Income. 0.00 D. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. Uwe have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. Uwe certify that the statements are true and complete to the best of my/our knowledge and belief, and are given under penalty of perjury. WARNING: Florida Statutes Chapter 817, U.S.C. § 1001 and 31 U.S.0 § 3729 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 Sections 775.082 and 775.083, Florida Statutes. 31 U.S.C. 3729 - False claims - Document in Context - USCODE-2010-title3l-subtitlellI-chap37-subehapIII-sec3729 (ovg info gov) Signature of Head of Household Signature of Spouse or Co -Head of Household Adult Household Metnber (if applicable) Date Date Adult Household Member (if applicable) Date BOYS &GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. P522-02 Immokalee Transportation Project Page 47 06 0 E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/ate eligible under the provisions of the CDBG Program. The family or individual(s) constitute(s) a: ❑ Extremely Low -Income (ELI) Household means and individual or family whose annual income does not exceed 30/501 of the Very Low -Income (60 percent of VLI) percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit C. ❑ Very Low -Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit �. ❑ Low -Income (LI) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit �. Based on the !(year) income limits for the Naples -Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Date Printed Name Title F. Household Data Number of Persons Bv Race / Ethnicitv B1 F Aire American Native Other Indian Asian Black Hawaiian White 0 —25 26 —40 41 —61 62+ or Other Pac, Hispanic Non- Hispani NOTE: Information concerning the race or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information, and refusal to give such information Pill not affect any right he or she has to the CDBG program. BOYS &GIRLS CLUB OF COLLIER COUNTY, FLORIDA, INC. P522-02 Immokalee Transportation Project Page 48 I O d EXIIIBIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding the organization's compliance. In determining Federal awards expended in a fiscal year, the subrecipient must consider all sources of Federal awards, based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Subrecipient Name I Boys & Girls Club of Collier County, Florida, Inc. First Date of Fiscal Year D Last Date of Fiscal Year D 06/01/2022 1 [ 05/31/2023 1 Total Federal Financial Assistance Expended during Total State Financial Assistance Expended during most most recently completed Fiscal Year recently completed Fiscal Year 1 $1 Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been met, and a Single Audit as required by 2 CFR Part 200 Subpart F has been completed or will be completed by I. Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: �0 [[ Did not exceed the expenditure threshold for the fiscal year indicated above q Are a for -profit organization ❑ Are exempt for other reasons — explainL An audited financial statement is attached and if applicable, the independent auditor's management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we understand that the audit report contains �Q a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title 06/18 (BOYS &GIRL$ CLUB OF COLLIER COUNTY, FLORIDA, INC. P522-02 Immokalee Transportation Project page qg U FAIN # B-22-UC42-0016 Federal Award Date Est. 10/2022 Federal Award Agency HUD FDAName Community Development Block Grant CFDA/CSFA# 14,218 Total Amount of Federal Funds Awarded $35,972.40 Subreci ient Name Youth Haven, Inc. UEI# H53EDBJFE816 FEIN 23-7065187 R&D NA Indirect Cost Rate NA Period of Performance 10/1/2022 — 9/30/2023 Fiscal Year End 6/30 Monitor End: 12/2023 AGREEMENT BETWEEN COLLIER COUNTY AND YOUTH HAVEN, INC. CDBG Grant Program —Public Services THIS AGREEMENT is made and entered into this _day of 2022, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY") having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and Youth Haven, Inc. ("SUBRECIPIENT"), a private non-profit organization having its principal office at 5867 Whitaker Road Naples, FL 34112. WHEREAS, the COUNTY has entered into an Agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the Board of County Commissioners of Collier County ("Board") approved the Collier County Consolidated Plan —One-year Action Plan for Federal Fiscal Year 2022-2023foit c CDBG Program with Resolution - on — Agenda Item ; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the COUNTY advertised the 2022-2023 Annual Action Plan, on with a 30-day Citizen Comment period from to ; and WHEREAS, the SUBRECIPIENT has submitted a proposal for participation in the Collier County CDBG program; and YOUTH HAVEN, INC. PS22-01 Shelter Personnel Page 1 Q/„ J WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in undertaking the CDBG project — (PS22-01) Shelter Personnel, NOW, THEREFORE, in consideration ofthe mutual benefits contained herein, it is agreed by the Parties as follows: PARTI SCOPE OF WORK SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: Shelter Personnel Description of project and outcome: CHS, as an administrator of the CDBG program, will make available FY2022-2023 CDBG funds up to the gross amount of $35,972.40 to Youth Haven, Inc. to personnel costs for a Youth Advocate who helps provide supervision, resident support, positive role -modeling and a predictable, nurturing environment. Project Component One: Personnel salary costs for one Youth Advocate. 1.1 GRANT AND SPECIAL CONDITIONS A. SUBRECIl'IENT must submit the following resolutions and policies to the COUNTY within sixty (60) days of execution of this Agreement: ® Affirmative Fair Housing Policy ® Affirmative Action/Equal Opportunity Policy ® Conflict of Interest Policy ❑ Procurement Policy ❑ Uniform Relocation Act (URA) Policy ® Sexual Harassment Policy ❑ Section 3 Policy ® Section 504/ADA Policy ® Fraud, Waste, and Abuse Policy ® Language Assistance and Planning Policy (LAP) ® Limited English Proficiency Policy (LEP) ® Violence Against Women Act (VAWA) Policy ® LGBTQ Policy B. Environmental Review Requirement (ERR) —This Agreement does not constitute a commitment of Funds or site approval. The commitment of Funds or site approval may YOUTH HAVEN, INC. PS22-01 Shelter Personnel Page 2 AU occur only upon satisfactory completion of environmental review and either (i) the determination that the project is Exempt or (ii) the COUNTY's receipt of an approved request for release of funds and certification from HUD, under 24 CFR Part 58. The provision of any funds to the project is conditioned on the COUNTY's determination to proceed with, modify, or cancel the project based on the results of the environmental review. No program costs can be incurred until an environmental review of the project is completed and approved by the COUNTY. Further, SUBRECIPIENT will not undertake any activity or commit any Funds prior to CHS issuing the Notice to Proceed (NTP) letter. Violation of this provision may result in the termination of this subaward and/or the denial of any reimbursement of funds under this Agreement. Annual Subrecipient Training —All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement shall attend the CHS- sponsored Annual SUBRECIPIENT Fair Housing training, except those who attended the training in the previous year. In addition, at least one staff member shall attend all other CHS-offered SUBRECIPIENT training, relevant to the Project, as determined by the Grants Coordinator, not to exceed four (4) sessions. Requests for exemption, under this special condition, must be submitted to the Grant Coordinator, in writing, at least 14 days, prior to the training. C. Limited English Proficiency —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 persons") 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 HUD 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. 1.2 PROJECT DETAILS A. Project Descriptiorr/ProjectBudget Descri tion Federal Amount Project Com onent 1: Personnel salary costs for• one Youth Advocate. $35,972.40 Total Federal Funds: $35,972.40 YOUTH HAVEN, INC. PS22-01 Shelter Personnel Page 3 0 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, Leveraged Funds, and project progress ® Ensure attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS ❑ Ensure attendance by SUBRECIPIENT and General Contractor at Pre -Construction meetings, prior to SUBBRECIPIENT issuance of Notice to Proceed (NTP) to contractor ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation ❑ Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Submit Change Orders for CHS approval prior to SUBRECIPIENT authorizing work ❑ Comply with Davis -Bacon Labor Standards ❑ Comply with Section 3 and maintain documentation ❑ Provide weekly certified payroll throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act (URA), if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible ❑ Ensure the applicable continued use period for the project is met B. National Objective The CDBG program funds awarded to Collier County must benefit low- to moderate -income persons (LMI). As such, SUBRECIPIENT shall ensure that all activities and beneficiaries meet the definition of: ❑ LMA — Low/Mod Area Benefit ® LMC — Low/Mod Clientele Benefit ❑ LMH — Low/Mod Housing Benefit ❑ LMJ — Low/Mod Job Benefit LMA: Must document where at least 51 percent of the residents are LMI persons, based on HUD determined eligible census tracts. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement.. LMC: Must document that at least 51 percent of persons served, are low- to moderate- income persons or households, in order to meet a CDBG National Objective. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must contain at least 51 percent occupied by LMI households, and structures with less than three units YOUTH HAVEN, INC. PS22-01 Page 4 Shelter Personnel CAO must be occupied by 100 percent LMI households. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMJ: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 percent of which (computed on a full-time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Insurance Insurance Certificate Upon Agreement execution and Annually upon expiration date Special Grant Condition Policies Policies as stated in this Within sixty (60) days of Section 1.1 Agreement Agreement execution Detailed Project Schedule Project Schedule Not Applicable Project Plans and Specifications Site Plans and Specifications Not Applicable Procurement Documents (Bid Independent Cost Estimate, Not Applicable Packet) * Method of Procurement, Bid Advertisement, Solicitation Packet Subcontractor Log Subcontractor Log NotApplicable Quarterly Progress Report Exhibit C L Quarterly reports within 10 days following the quarter end 2. Final report upon submission of the final pay request in Neighborly Leverage Funds Report Exhibit C-1 1. Quarterly, within 10 days following the quarter end 2. Final report upon submission of the final pay request in Neighborly Davis -Bacon Act Certified Weekly Certified Payroll Not Applicable Payroll reports, forms, and supporting documentation Annual Audit Monitoring Exhibit E Annually, within 60 days after Report FY end Financial and Compliance Audit Audit, Management Letter, and Annually: nine (9) months after Supporting Documentation FY end for Single Audit OR one hundred eighty (180) days after FY end Continued Use Certification Continued Use Affidavit, if Not Applicable applicable Capital Needs Assessment Plan Plan approved by the COUNTY Not Applicable Program Income Reuse Plan Plan Approved by the COUNTY Not Applicable YOUTH HAVEN, INC. PS22-01 Shelter Personnel Page 5 CAO * SUBRECIPIENT's Notice to Proceed may be withheld if procurement deliverables are not submitted in a timely manner, as stated in Section 1.2.C, Performance Deliverables. SUBRECIPIENT must submit to the COUNTY, for approval, all Change Orders required during the project. Failure to submit Change Orders in a timely manner, may result in delay or withholding of payment, as well as a cease work order until all change orders have been reviewed and approved, at which time a new Notice to Proceed will be issued. D. Payment Deliverables Pa ment Deliverable Pa rnupportin Documentation Submission Schedule Project Component 1: Personnel Submission of supporting documents Submission of salary costs for one Youth must be provided as backup, as evidenced monthly payment Advocate. by invoice, timecards, payroll requests, within 30 registers/summary, canceled checks or days of the prior banking documents, Exhibit B, and any month. other additional documentation as requested. 10% retainage will be withheld from each payment request. Final 10 percent of award amount will be paid upon completion of final monitoring clearance and documentation of meeting the National Objective. SUBRECIPIENT'S failure to achieve the National Objective will require repayment of the CDBG investment under this Agreement. 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall begin on October 1, 2022 and shall end on September 30, 2023. The County Manager or• designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions rnust be authorized, in writing, by formal letter to SUBRECIPIENT. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available THIRTY-FIVE THOUSAND, NINE HUNDRED AND SEVENTY-TWO DOLLARS AND FORTY CENTS ($35,972.40) for use by SUBRECIPIENT, during the term of the Agreement (hereinafter, shall be referred to as the Funds). Modification to the Budget and Scope may only be made if approved in advance. Budgeted Fund shifts arnong line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only be made with Board of County Commissioners (Board) approval. YOUTH HAVEN, INC. PS22-01 Shelter Personnel Page 6 C� O The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks, as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of CDBG Funds until fundsare needed for eligible costs; and all disbursement requests must be limited to the amount needed at the time of the request. SUBRECIPIENT may expend Funds only for allowable costs resulting from obligations incurred during the term of this Agreement. Invoices for work performed are required every month. If no work has been performed during the month, or if SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is required. Explanations are required if two consecutive months of $0 invoices are submitted. Payments shall be made to SUBRECIPIENT when requested as work progresses, but not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. The COUNTY will pay SUBRECIPIENT Funds available under this Agreement based on information submitted by SUBRECIPIENT and consistent with any approved budget and COUNTY policies concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by SUBRECIPIENT, not to exceed actual cash requirements. Payments will be adjusted by CHS in accordance with advance Funds and program income balances available in SUBRECIPIENT accounts. In addition, The COUNTY reserves the right to liquidate Funds available under this Agreement for costs incurred by The COUNTY on behalf of SUBRECIPIENT. Final invoices are due no later than 90 days after the end of the Agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. No payment will be made until approved by CHS for grant compliance and adherence to any and aIt applicable Local, State, or Federal requirements, including timely submission of Performance Deliverables contained in Section 1.2.C. Late submission of deliverables or evidence of project inactivity 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 sections 218.70- 218.80, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 LEVERAGE FUNDS Leveraged funds must be identified, tracked, and verifiable in the SUBRECIPIENT's records. Resources must be fully identified and described in the Agreement and approved budget submitted with the application. Resources must also meet the following criteria to be allowable as leverage: a. Expenditures of leveraged funds or resources are permitted only for eligible activities and allowable costs under the cost principles specified by the OMB Circulars referenced in this Agreement. Expenditures must be necessary and reasonable for proper and efficient accomplishments of project or program objectives. b. Leveraged resources committed on one project may not be used as leverage or match for any other project or program. YOUTH HAVEN, INC. P522-01 Shelter Personnel Page 7 O CAO c. Leveraged resources must represent newly created resources covering expenditures that would not be incurred if the award were not made. d. Leveraged resources may not be Federal funds under a different award, except where Federal statute allows their use for cost sharing (such as the Community Development Block Grant program). e. Third -party cash or in -kind contributions offered as leverage require a commitment letter on company letterhead signed by the individual who is in a position to commit the in -kind contribution. The contribution is only allowable if not utilized towards matching dollars. 1.6 COST PRINCIPLES Payments to 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 1.6-Cost Principles) of this Agreement, SUBRECIPIENT is defined as described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed specifically to the project(s) 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 Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles. SUBRECIPIENT is not subject to 2 CFR Subpart E; however, the COUNTY is and may impose requirements upon SUBRECIPIENT to remain compliant with COUNTY's obligation to follow 2 CFR Subpart E. 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. 1.7 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or outer 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: TBD, Grant Coordinator Collier County Government Community and Human Services Division 3339 E Tamiami Trail, Suite 213 Naples, Florida 34112 Email: Telephone: YOUTH HAVEN, INC. P522-01 Shelter Personnel Page a G SUBRECIPIENT ATTENTION: Linda Goldfield, Executive Director Youth Haven, Inc. 5867 Whitaker Road Naples, Florida 34112 Email: Linda.Goldfield@youthhavenswfl.org Telephone: (239) 687-5155 Remainder of Page Intentionally Left Blank YOUTH HAVEN, INC. P522-01 Shelter Personnel Page 9 � PART II GRANT CONTROL REQUIItEMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (andlor its representatives) may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit all records, documentation, and any other data relating to all matters covered by the Agreement. SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its receipt of the report. SUBRECIPIENT'S failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning Subrecipient audits and 2 CFR 200.501 Federal Award amounts expended shall be dete>Imined in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements, 2.2 RECORDS AND DOCUMENTATION SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to determine compliance with the requirements of this Agreement, the CDBG Program, and all other applicable laws and regulations. This documentation shall include but is not limited to, the following: A. All records required by CDBG 1egulations. B. SUBRECIPIENT shall create and maintain public records that ordinarily and necessarily would be required by the COUNTY ino er to peg%1m the service. C. SUBRECIPIENT shall make available to the COUNTY or CHS at any time upon request, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of Funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail to properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. YOUTH HAVEN, INC. P522-01 Shelter Personnel Page 10 Q O D. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for three (3) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.334, 24CFR 570.493 and 24 CFR 570.502(a)(7)(ii). However, if any litigation, claim, or audit is started before the expiration date of the three (3) year period, SUBRECIPIENT will maintain the records until all litigation, claim, or audit findings involving these records are resolved. If SUBRECIPIENT ceases to exist after the closeout of this Agreement, it shall notify the COUNTY in writing, of the address where the records are to be kept, as outlined in 2 CFR 200.337. SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in SUBRECIPIENT'S possession upon termination 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 SUBRECII'IENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, IT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239452-68321 , 3299 Tamiami Trail E, Naples FL 341126 E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of 1931, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, SUBRECIPIENT shall maintain records showing compliance with Federal purchasing requirements and other Federal requirements for grant implementation. F. 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. SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT'S compliance. G. SUBRECIPIENT shall document how it complied with the National Objective(s), as defined in 24 CFR 570.208, and the eligibility requirements) under which Funding has been received. This includes special requirements, such as necessary and appropriate determinations as defined in 24 CFR 570,208, income certification, and written agreements with beneficiaries, where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records, and at a cost that does not YOUTH HAVEN, INC. PS22-01 Shelter Personnel Page 11 9 exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public records that are released from public records disclosure requirements are not disclosed, except as authorized by 2 CFR 200.337 and 2 CFR 200.338. 2.3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit D) no later than 60 days after SUBRECIPIENT'S fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for Subrecipients exempt from Single Audit) after the SUBRECIPIENT'S fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may carry out no fewer than one (1) annual on -site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. Upon request by CHS, SUBRECIPIENT shall submit information and status reports required by CHS or HUD, to enable CHS to evaluate said progress and allow for completion of required reports. SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. COUNTY will monitor SUBRECIPIENT'S performance in an attempt to mitigate fraud, waste, abuse, or nonperformance, 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 SUBRECIPIENT does not take corrective action 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 contol systems and procedures necessary to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and to provide proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT'S internal control systems and all transactions and other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the performance of this Agreement. YOUTH HAVEN, INC. P522-01 Shelter Personnel Page 12 O Cq O SUBRECIPIENT shall fully cooperate with COT TY'S efforts to detect, investigate, and prevent and, 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: YOUTH HAVEN, INC. P522-01 Shelter Personnel 1. Initial noncompliance may result in the COUNTY issuing Findings or Concerns to the SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action plan to CHS within 10 business days following issuance of the report. Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to SUBRECIPIENT, as needed, in order to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely manner, the COUNTY may require a portion of the awarded grant funds to be returned to the COUNTY. • CHS may require SUBRECIPIENT to return upwards of 5 percent of the award amount to the COUNTY, at the discretion of the Board. • SUBRECIPIENT may be denied future consideration, as set forth in Resolution No. 2013-228. 3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected, and has been informed by CHS of their substantial noncompliance by certified mail, CHS may requite that a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed, be returned to the COUNTY. Page 13 Cgrl CHS may require SUBRECIPIENT to return upwards of 10 percent of the award amount to the COUNTY, at the discretion of the Board. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. 4. If after repeated notification, SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend termination of the Agreement or award. CHS will make a recommendation to the Board to immediately terminate the Agreement. SUBRECIPIENT will be required to repay all Funds disbursed by CHS for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. 2.6 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. Reports showinE lack of proiect activity may result in withholdine of payment or issuance of a Notice of Noncompliance. During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January, April, July, and October, respectively, for the prior quarter period end. As part of the report submitted in October, SUBRECIPIENT agrees to include a comprehensive final report covering the agreed -upon Program objectives, activities, and expenditures including but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit C, which contains an example reporting form to be used in fulfillment of this requirement. Additionally, all leveraged funds utilized in support of this project will be submitted on Exhibit C-1 as part of the final report. Other reporting requirements may be required by the County Manager or designee if the Program changes, the need for additional information or documentation arises, and/or if 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. YOUTH HAVEN, INC. PS22-01 Shelter Personnel Page 14 O Ap PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. SUBRECIPIENT shall cause all provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. 3.2 GENERAL COMPLIANCE SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants), including subpart K of these regulations, except that (1) SUBRECIPIENT does not assume the COUNTY'S environmental responsibilities described in 24 CFR 570.604; (2) SUBRECIPIENT does not assume the COUNTY'S responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) SUBRECIPIENT is required to follow the Federal procurement process; and (4) for Developers, revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. SUBRECIPIENT also agrees to comply with all other applicable laws, regulations, and policies governing the Funds provided under this Agreement. SUBRECIPIENT further• agrees to utilize Funds available under this Agreement to supplement rather than supplant funds otherwise available. SUBRECIPIENT is prohibited from using Funds provided herein, or personnel employed in the administration of the program for political activities, inherently religious activities, lobbying, political patronage, and nepotism activities. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or• shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. SUBRECIPIENT shall always remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance, as the SUBRECIPIENT is independent from the COUNTY. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such amendments make specific reference to this Agreement, are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY'S Board. Such YOUTH HAVEN, INC. PS22-01 Shelter Personnel Page IS O A� amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or Local governmental guidelines, policies, available funding amounts, or for other reasons. If such amendments result in a change in the funding, scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from HUD CDBG grant funds and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing the CDBG Funds pertaining to this Agreement. In the event of curtailment or non -production of said Federal Funds, or the reduction of Funds awarded by HUD to the COUNTY, to a level that the County Manager determines to be insufficient to adequately administer the project, the financial resources necessary to continue to pay SUBRECIPIENT all or any portion ofthe Funds will not be available. In either event, the COUNTY may terminate this Agreement, which shall be effective as of the date that it is determined by the County Manager or designee, in his/her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, SUBRECIPIENT shall indemnify and hold harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action, which may arise out of an act or omission including but not limited to, reasonable attorneys' and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies, which otherwise may be available to an indemnified party or person described in this paragraph. SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith, shall defend all suits in the name of the COUNTY, and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in section 768.28, Florida Statutes. This section shall survive the expiration or termination of this Agreement. YOUTH HAVEN, INC. P522-01 Shelter Personnel Page 16 O CAO 307 GRANTEE SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of program sponsorships, research reports, and similar public notices, whether printed or digitally prepared and released by SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or• Type as the name of SUBRECIPIENT. This design concept is intended to disseminate key information to the general public regarding the development team, as well as Equal Housing Opportunity. Construction signs shall comply with applicable COUNTY codes. If this Agreement results in any copyrightable material or inventions, CHS and/or the COUNTY reserve the right to royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use; and to authorize others to use the work or materials for governmental purposes. 3.8 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.341, this Agreement may be terminated for convenience by either the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and in the case of partial terminations, the portion to be terminated. However, in the case of a partial termination, if the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. This Agreement may also be terminated by the COUNTY, if the award no longer effectuates the program goals or grantor agency priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement, in compliance with 2 CFR 200, Appendix II (A): A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as may become applicable at any time. B. Failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner. C. Ineffective or improper use of funds provided under this Agreement. D. Submission of reports to the COUNTY that are incorrect or incomplete in any material respect. YOUTH HAVEN, INC. PS22-01 Shelter Personnel Page 17 O tqO E. Submission of any false certification. F. SUBRECIPIEN I S failure to materially comply with any terms of this Agreement. G. Failure to materially comply with the terms of any other agreement between the COUNTY and SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any combination of one or more of the following remedies, in compliance with 2 CFR 200, Appendix II (B): A. Require specific performance of the Agreement in whole or in part. B. Require the use of, or change in, professional property management, if applicable. C. Require SUBRECIPIENT to immediately repay to the COUNTY all CDBG funds received under this Agreement. D. Apply sanctions, if COUNTY determines them to be applicable. E. Stop all payments until identified deficiencies are corrected. F. Terminate this Agreement by giving written notice to SUBRECIPIENT specifying the effective date of such termination. If the Agreement is terminated by the COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. 3.9 SUSPENSION AND DEBARMENT SUBRECIPIENT certifies that neither it, nor its principals, are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded fiom participation in this transaction by a Federal Department or agency; and that SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, as outlined in Executive Orders 12549 (1986) and 12689 (1989), Suspension and Debarment, and 2 CFR 200.214, as further detailed in Section 4.18, 3.10 REVERSION OF ASSETS In the event of Agreement termination, in addition to any and all other remedies available to the COUNTY (whether under this Agreement, at law, or in equity), SUBRECIPIENT shall, at the time of termination (or expiration), immediately transfer to the COUNTY any property on hand and any accounts receivable attributable to the use of CDBG funds, per 24 CFR 570.503(b)(7). YOUTH HAVEN, INC. PS22-01 Shelter Personnel Page 18 0 The COT TY'S receipt of any Funds on hand at the time of termination shall not waive the COUNTY'S right (nor excuse SUBRECIPIENT'S obligation) to recoup all or any portion of the Funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). All program assets (unexpended program income, property, equipment, etc.) shall revert to CHS upon termination of this Agreement. 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 REQUIItEMENTS SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the Federal Regulations for the Community Development Block Grant (24 CFR 570 et seq.). 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through 200.327) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing thresholds are: Ran e: Com etition Re uired $0 - $50,000 3 Written Quotes $505001+ Formal Solicitation (ITB, RFP, etc. All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or put out to competitive bidding under a procedure acceptable to COUNTY and Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest, responsible, and qualified bidder. SUBRECIPIENT shall manage and CHS shall monitor contract administration. CHS shall have access to all records and documents related to the Project. In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II (J) and 2 CFR 200.323, YOUTH HAVEN, INC. P522-01 Shelter Personnel Page 19 o 3.14 PROGRAM GENERATED INCOME No Program Income is anticipated. However, if Program Income is derived from the use of CDBG Funds disbursed under this Agreement, such Program Income shall be utilized by SUBRECIPIENT only for CDBG-eligible activities approved by the COUNTY. Any Program Income (as such term is defined under applicable Federal regulations) gained from any SUBRECIPIENT activity funded by CDBG Funds shall be reported to the COUNTY through an annual Program Income Re -use Plan, utilized by SUBRECIPIENT accordingly, and shall comply with 2 CFR 200.307, 24 CFR parts 570.489 and 570,500, and 24 CFR 570.504 in the operation of the Program. When Program Income is generated by an activity that is only partially assisted by CDBG Funds, the income shall be prorated to reflect the percentage of CDBG Funds used. If there is a Program Income balance at the end of the Program Year, such balance shall revert to the COUNTY's Community Block Grant Program, for further reallocation. 3.15 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT'S obligation to the COUNTY shall not end until all closeout requirements are completed. SUBRECIPIENT may close out the project with the COUNTY after the expiration of the Agreement. Activities during this closeout period shall include, but are not limited to making final payments; disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY); and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that SUBRECIPIENT has control over CDBG Funds, including program income. In addition to the records retention outlined in section 2.2 (Records and )ocumentation) of this Agreement, SUBRECIPIENT shall comply with section 119.021, Florida Statutes, regarding records maintenance, preservation, and retention. A conflict between State and Federal records retention requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. Any balance of unobligated Funds that have been advanced or paid must be returned to the COUNTY. Any Funds paid exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information complying with section 215.97, Florida Statutes, the 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 SUBRECIPIENT agrees that no person shall be excluded fiom the benefits of, or be subjected to, discrimination under any activity carried out by the petformance of this Agreement based on race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower -income residents of the project areas shall be given opportunities for training and employment. Also, to the greatest extent practicable, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be YOUTH HAVEN, INC. PS22-01 Shelter Personnel Page 20 O CAO awarded contacts in connection with the project. SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968, 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES SUBRECIPIENT will use its best efforts to afford small businesses and minority and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and "minority and women's business enterprise" means a business that is at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Black Americans, Hispanic Americans , Asian/PacificAmericans, Native Americans, and Hasidic Jews. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and women's business enterprises, in lieu of an independent investigation. 3.18 PROGRAM BENEFICIARIES If the Agreement is meeting a National Objective through an LMI strategy, at least 51 percent of the beneficiaries of a project Funded through this Agreement must be low- and moderate -income persons, or presumed to be low- to moderate -income persons based on applicable regulation. Determination of income eligibility is based on the annual income of the family or household. This Agreement conforms to the definition of Annual Income, per 24 CFR 570.3(1)(i), where Annual income is defined under the Section 8 Housing Assistance Payments. Details for calculating the Annual Income are contained in 24 CFR 5.609, with practical instructions contained in HUD Handbook 4350.3, Chapter 5. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than 30 percent of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the COUNTY's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit C of this Agreement. 3.19 AFFIRMATIVE ACTION SUBRECIPIENT agrees that it is committed to carrying 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. Prior to the award of funds, SUBRECIPIENT shall submit for approval a plan for an Affirmative Action Program. The Affirmative Action Program must be updated throughout the continued use period and submitted to the COUNTY within 60 days of any update/modification. SUBRECIPIENT contracting officer will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contact or understanding, a notice advising the labor union or worker's representative of the YOUTH HAVEN, INC. PS22-01 Shelter Personnel Page 21 O f F� O SUBRECIPIENT's commitments hereunder; and shall post copies of the notice in conspicuous places available to all employees and applicants for employment. 3.20 CONFLICT OF INTEREST SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement; and that no person having any conflict of interest shall be employed or subcontracted by SUBRECIPIENT. SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest," 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. 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 SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT'S ability to self -manage the projects using its own employees. Any possible conflict of interest on the part of SUBRECIPIENT, its employees, or• its contractors shall be disclosed to CHS in writing, provided however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low- and moderate -income residents of the project target area. Each tier certifies that the tier above it will not, and has not, used Federally appropriated funds to pay any person or organization for influencing or attempting to influence the award of Federal funds, as covered by 31 USC 1352, and more fidly described in Section 4.54 of this Agreement. Contractors who apply or bid for an award of $100,000 or more shall file the required certification. 3.22 RELIGIOUS ORGANIZATIONS CDBG Funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment and will not limit employment or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services and will not limit such services or give preference to persons based on religion. YOUTH HAVEN, INC. P522-01 Shelter Personnel Page 22 O 9� C. It will retain its independence from Federal, State, and Local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided it does not use direct CDBG Funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. The Funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG Funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities, in accordance with the cost accounting requirements applicable to CDBG Funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. 3.23 INCIDENT REPORTING If SUBRECIPIENT provides services to clients under this Agreement, SUBRECIPIENT and any subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person. 3.24 SEVERABILITY Should any provision of this Agreement be determined unenforceable or invalid, such determination shall not affect the validity or enforceability of any other section or part thereof. 3.25 MISCELLANEOUS SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other parry in respect to all covenants of this Agreement. SUBRECIPIENT represents and warrants that the financial data, reports, and other information it furnished to the COUNTY regarding the Project are accurate and complete, and financial disclosures fairly represent the financial position of SUBRECIPIENT. SUBRECIPIENT understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the COUNTY's or SUBRECIPIENT's responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained fi•om such person receiving service and, in case of a minor, that of a responsible parent/guardian. SUBRECIPIENT certifies that it has the legal authority to receive the Funds under this Agreement and its governing body has authorized the execution and acceptance of this Agreement. The SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind SUBRECIPIENT to the terms of this Agreement. The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida, without giving effect to its provisions regarding choice of laws. YOUTH HAVEN, INC. PS22-01 Shelter Personnel Page 23 O 9� All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all applicable Federal, State, and Municipal laws, ordinances, regulations, orders, and guidelines, including but not limited to any applicable regulations issued by HUD. Electronic Signatures. This Agreement, and related documents entered into in connection with this Agreement, are signed when a party's signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. 3.26 WAIVER The COUNTY's failure to act with respect to a breach by SUBRECIPIENT does not waive its right to act with respect to subsequent or similar breaches. The COUNTY' S failure to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. Remainder of Page Intentionally Left Blank YOUTH HAVEN, INC. P522-01 Shelter Personnel Page 24 O 09 O PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program https://www.eefr.gov/cgi-bin/text-idx?ipl=/ecfrbrowsetTitle24/24cfr570_main_02.tp1 4.2 24 CFR 58 -The regulations prescrng the Environmental Review procedure. hhM2s://www.ecfr.gov/cgi-bin/text- idx?SID=1 acdb92f3b05c3f285dd76c26d 14f54e&mc=true&node=pt24.1.58&rgn=div5 Resource Conservation and Recovery Act (RCRA). Under RCRA codified at 42 USC 6962, state and local institutions of higher education, hospitals, and non-profit organizations that receive direct Federal awards or other Federal Funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to the EPA guidelines. Summary of the Resource Conservation and Recovery Act I US EPA 4.3 Hatch Act: The SUBRECIPIENT shall comply with the Hatch Act, 5 USC 1501-1508 and shall ensure that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 Title V of the USC Federal Register: Political Activity -State or Local Officers or Employees: Federal Employees Residingin in Designated Localities: Federal Employees 4.4 Section 104(d) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended Section 109 of the HCD Act of 1974 1 HUD.gov / U.S. Department of Housing and Urban Development (HUD) Section 104(d) ofthe Housing and Community Development Act of 1974, as amended (see 42 USC 5304(d)1- HUD Exchange 4.5 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 hUs://www.iustice.gov/crt/fair-housing-act-1 Executive Order 11063 —Equal Opportunity in Housing hh s://www.archives.gov/federal- register/codification/executive-order/11063.html Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs https://www.archives.gov/federal-register/codification/executive-order/12259.html 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O. https://www.law.comell.edu/cfr/text/24/part-107 4.6 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as amended h_ptt s://www.hud.gov/programdescription/title6 4.7 This Agreement is subject to 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared, or improved with assistance provided under this Agreement, YOUTH HAVEN, INC. P522-01 Shelter Personnel Page 25 O 9� SUBRECIPIENT shall cause or require a covenant running with the land to be inserted in the deed or lease of such transfer, prohibiting discrimination herein as defined, in the sale, lease, or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the COUNTY and the United States are beneficiaries of and entitled to enforce such covenants. SUBRECIPIENT, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4.8 The Temporary Assistance for Needy Families Program (TANF) 45 CFR Parts 260-265, the Social Services Block Grant 42 ISC 1397d and other applicable federal regulations and policies promulgated thereunder. Temporary Assistance for Needy Families I Benefits.gov eCFR: 45 CFR Part 260 -- General Temporary Assistance for Needy Families (TANF) Provisions The Pro -Children Act: Contractor agrees to comply with the Pro -Children Act of 1994, 20 USC 6083. Pro -Children Act Of 1994 1 Legislation I US Encyclopedia of law (lawi.us) 4.9 Public Announcements and Advertising: When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs Funded in whole or in part with Federal money, SUBRECIPIENT shall clearly state (1) the percentage of the total costs of the program or project which will be financed with Federal money, (2) the dollar amount of Federal funds for the project or program, and (3) percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources. 4.10 Purchase of American -Made Equipment and Products: SUBRECIPIENT assures that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Agreement will be American -made. 4.11 24 CFR 570.601 Subpart K -The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www.gpo og v/fdsys/pkg CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-sec570- 602Tndf 4.12 Executive Order• 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 -which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https://www.dol.goy/agencies/ofccp/executive-order-11246/as-amended EO 11375 and 12086: see item #8 below 4.13 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for YOUTH HAVEN, INC. PS22-01 Shelter Personnel Page 26 O `�O employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission eeoc. ov 4.14 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. 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, 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 contacts 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." Section 3 r•eauires 25 percent of the total labor hours must be worked by Section 3 workers and 5 percent of the total labor hours must be worked by Targeted Section 3 workers. If SUBRECIPIENT is unable to meet these benchmarks, efforts taken to meet the requirements must be described. Examples include held job fairs, conduct on the job training, outreach efforts to public housing residents, and connecting residents to supportive services. Section 3 requires 25 percent of the total labor hours must be worked by Section 3 workers and 5 percent of the total labor hours must be worked by Targeted Section 3 workers. If the SUBRECIPIENT is unable to meet these benchmarks, efforts taken must be described to meet the requirements. Examples include: held job fairs, conduct on the job training, outreach efforts to public housing residents, and connecting residents to supportive services. SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG-funded project is located; YOUTH HAVEN, INC. P522-01 Shelter Personnel Page 27 O `9 where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low - and very low-income participants in other HUD programs. Vs://www.hud.gov/sites/documents/DOC 12047.PDF SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. https://www.eefr.gov/current/title-24/subtitle-Apart-75 4.15 SUBRECIPIENT shall not assign or hansfer any interest in this Agreement without the prior written consent of the COUNTY thereto; provided, however, that claims for money due or to become due to SUBRECIPIENT from CHS under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to CHS. 4.16 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107, and 12086. Age Discrimination Act of 1975 https://www.law.comell.edu/uscode/text/42/chapter-76 11246: https://www.dol.gov/ofecp/reps/statutes/eol1246.htm 11375: Amended by EO 11478 11478: h_ptt s://www.archives.gov/federal-register/codification/executive-order/11478.htm1 12107: https://www.arehives.gov/federal-register/codification/executive-order/12107.htm1 12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html 4.17 Conhact Work Hours and Safety Standards Act, 40 USC 327-332. https://www.dol.gov/whd/reps/statutes/safe0l.pdf 4.18 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: https://www.epa. og v/ocr 29 USC 776: https://law.onecle.com/uscode/2gn76.html 24 CFR 570.614: https://www.law.comell.edu/cfr/text/24/570.614 4.19 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudproprams/eohudag YOUTH HAVEN, INC. P522-01 Shelter Personnel Page 2R O "t0 4.20 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.fhwa.dot. ovg /real_estate/uniform_act/index.cfm 4.21 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all construction contracts funded by CDBG. Davis -Bacon Act: 42 USC 276a to 40 USC 276a: https://uscode0house.eov/view.xhtml?re4=0ranuleid:USC-1999-title40-section276a- 7&num=0&edition=1999 29 CFR Part 3 -Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States https://www.law.comell.edu/cfr/textt29/part-3 29 CFR Part 5 -Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) https://www.law.comell.edu/cfr/textt29/part-5 Executive Order 11914 -Prohibits discrimination with respect to the handicapped, in federally assisted projects. hers://www.presidency.ucsb.edu/ws/index."hp?pid=23675 4.22 As a supplement to the Davis -Bacon Act requirements, the SUBRECIPIENT agrees to comply with the "Copeland Anti -Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or subcontractors from inducing an employee to relinquish any part of his/her compensation, under the federally -funded contract. 18 U.S.C. 874 https://www. ovg info.goy/content/pkWUSCODE-2010-titlel8/odf/USCODE-2010- titlel8.ndf 40 U.S.C. 276c h-Us://uscode.house.gov/view.xhtml?req=granuteid:USC-1999-title40- section276c&num=0&edition=1999 4.23 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 -which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. https://www.archives.gov/federal-register/codification/executive-order/I 1625.html 4.24 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act (HCDA) are still applicable. 24 CFR 570.607: YOUTH HAVEN, INC. PS22-01 Shelter Personnel Page 29 O 0 https://www.ecfr.gov/cgi-bin/text. idx?SID=9eae3f8eaa991f04l lf383b74003bcbl &mc--true&node=pt24.3.570&rgn=div5#se24.3.5 70 1607 E.O. 13279: bo://www.fedpoveontracts.com/pe02-96.htm 4.25 Public Law 100-430 -the Fair Housing Amendments Act of 1988. littps://www.ncbi.nlm.nih. gov/pubmed/ 12289709 4.26 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?ipl=/ecfrbrowsetTitle02/2efr200 main 02.1n1 4.27 2 CFR 200.216 —Prohibition on certain telecommunications and video surveillance services or equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or grant funds to: 1) procure or obtain; 2) extend or renew a contract to procure or obtain; 3) enter into a contract (or extend or renew a contract) to procure or obtain equipments, services, or systems that use(s) covered telecommunications equipment or services as a substantial component of any system, or as critical technology as part of any system. 4.28 Immigration Reform and Control Act of 1986 S.1200 - 99th Congress (19854986): Immigration Reform and Control Act of 19861 Congress.gov I Library of Congress 4.29 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes- https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii Collier County- bft://www.colliergoy.net/home/showdocument?id=35137 4.30 Order ofPrecedence - In the event of any conflict between or• among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except that the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.31 Venue -Any suit of action brought by either• party to this Agreement against the other party, relating to or azising 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). YOUTH HAVEN, INC. P522-01 Shelter Personnel Page 30 O '�O 4.32 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 section 44.102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court; and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. https://www.flsenate.gov/Laws/Statutes/2012/44.102 4.33 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. hops://www. ovinfo.gov/content/pkgtUSCODE- 2010-title42/htmVUSCODE-2010-title42-chap85.htm hftps://www.law.comell.edu/uscode/text/42/cholerw85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.g_ovinfo.gov/content/pkp. /USCODE-2011-title33/pdffUSCODE-2011-title33- chap26.pdf https://www.law.comell.edu/uscode/text/33/chapter-26 4.34 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. httgs://www.law.comell.edu/cfr/text/24/570.605 4.35 SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to the HUD Lead -Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.hudexchange.info/programs/lead-based-paint/ 4.36 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. nhpaTitle54Dec2016.pdf (ncshpo.org) https://www.achp.eov/sites/defauittfiles/regulations/2017-02/regs-revO4. ddf iiiiiiiiiiiiiiiiiiiiiillillillillillI YOUTH HAVEN, INC. P522-01 Shelter Personnel Page 31 CA0 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. nhpaTitle54Dec2Ol6.pdf (ncshpo.orgl 4.37 SUBRECIPIENT must certify that it will provide drug -free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701)w hops://www.eoo. og v/fdsys/granule/USCODE-2009-title4l[USCODE-2009-title4l-chapl0- sec701 4.38 SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. https://www.archives.gov/federal-registerlcodificationlexecutive-order/I2549.htmi 4.39 SUBRECIPIENT agrees to comply with the following OMB Circulars whichever• is applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200, et seq. 4.40 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. bUs://www.eefr,gov/cgi-bin/textw idx7SID=5a78addefff9a535e83fed3010308aef&mcrtrue&node=se2.1.200_1344&rgn=div8 Any real property acquired by the SUBRECIPIENT for the purpose of carrying out the projects stated herein and approved by the COUNTY, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within SUBRECIPIENT control, which is acquired or improved, in whole or part, with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 5709505, SUBRECIPIENT agrees to comply with the requirements of 24 CFR 570.606 c governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the HCD YOUTH HAVEN, INC. P522-01 Shelter Personnel Page 32 CAO Act; and the requirements in 24 CFR 570.606 (d) governing optional relocation policies. SUBRECIPIENT shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606 (b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition, or conversion for a CDBG assisted project. SUBRECIPIENT also agrees to comply with applicable COUNTY ordinances, resolutions, and policies concerning the displacement of persons from their residences. https://www.gpo.gov/fdUs/granule/CFR-1999-title49-vol l/CFR-1999-title49-vol l-sec24-101 LiLtps://www.jzovinfo.gg /app/details/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-505 4.41 As provided in § 287.133, Florida Statutes, by entering into this Agreement or• performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. http://www.leg.state.fl.us/Statutes/index.cfn?App mode=Dis lalay Statute&Search String—&UR L=0200-0299/0287/Sections/0287.133.htm1 4.42 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. Al Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates iu effect at the time of travel. SUBRECIPIENT shall obtain written approval fiom CHS for any outside travel outside the metropolitan area with funds provided under this Agreement. https://www.gsa.aoy/portal/content/104877 4.44 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. https://www.govreas.com/regulations/expand/title24 part5_subpartA_section5.106 YOUTH HAVEN, INC. P522-01 Shelter Personnel Page 33 CAO 4.45 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in §5.100, required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. eCFR :: 24 CFR Part 214 Subpart D -- Program Administrationhttps://www.law.comell.edu/cfr/text/24/5.111 4.46 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 4.47 Any rule or regulation determined to be applicable by HUD. 4.48 Florida Statutes section 448.095 Employment Eligibility.Pgr Florida Statute 448.095(3), all Florida private employers are required to verify employment eligibility for all new hires beginning January 1, 2021. Eligibility determination is not required for continuing employees hired prior to January 1,2021. http:/hvww.leg.state.fl.us/statutes/index.cfin?App mode --Display Statute&URL=0400- 0499/0448/0448.htm1 4.49 Florida Statutes section 713.20, Part 1, Construction Liens Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us) 4.50 Florida Statutes section 119.021 Records Retention Statutes &Constitution :View Statutes :Online Sunshine (state.fl.us) 4.51 Florida Statutes section 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.071.html 4.52 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. 4.53 Equal Treatment of Faith -Based Organizations: By regulation, HUD prohibits all recipient organizations from using financial assistance from HUD to fund explicitly religious activities. The SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see https://oip.pov/about/ocLpartnerships.htm. Discrimination on the basis of religion in employment is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on a case -by -case basis to allow some faith -based organizations to receive HUD funds while taking YOUTH HAVEN, INC. PS22-01 Shelter Personnel Page 34 Cqp into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights, 4.54 Arrest and Conviction Records: Federal and state laws re et 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 haps://oip.Qov/abouttocLpdfs/UseofConviction Advisorypdf for more details. 4.55 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 flour tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. 4.56 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fiaud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds 18 U.S. Code & 1001 - Statements or entries generally I U.S. Code I US Law I LII / Legal Information Institute (cornell.edu) Beneficiaries are subjectto this False Claims Act that include the following: 31 U.S.C. 3729 -False claims -Document in Context - USCODE-2010-title3l-subtitleIII-chap37-subchapIII-sec3729 ( og vinfo.gov) 31 U.S. Code & 3729 - False claims I U.S. Code I US Law I LII / Legal Information Institute (cornelLedul 4.57 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. YOUTH HAVEN, INC. PS22-01 Shelter Personnel Page 35 9 4.58 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. 4.59 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of the SUBRECIPIENT and any employees of the SUBRECIPIENT. The details of the SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at https://oip.gov/fundingTxplore/ProhibitedConduct-Trafficking htm. 4.60 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of OJP. 4.61 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under this funding agreement, the SUBRECIPIENT must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Busines Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by HUD. hfts://www.ecfr.gov/cgi. bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de761 dc64c0&mcrtrue&n=pt3 7.1.401 &r =PART&ty=HTML ENTIItE AGREEMENT This Agreement constitutes the entire agreement between COUNTY and SUBRECIPIENT for the use of Funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between COUNTY and SUBRECIPIENT with respect to this Agreement. (Signature Page to Follow) YOUTH HAVEN, INC. P522-01 Shelter Personnel Page 36 CAO IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: CRYSTAL K. KIIQZEL, CLERK Dated: Deputy Clerk (SEAL) WI SES: fitness #1 Signature Witness #2 Printed Name Approved as to form and legality: Derek D. Perry Assistant County Attorney OL \�jjti Date: 5�ti YOUTH HAVEN, INC. AS TO COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: WILLIAM L. McDANIEL, JR., CHAIRPERSON Date: AS TO SUBRECIPIENT: YOUTH HAVEN, INC. [Please provide evidence of signing authority] P522-01 Shelter Personnel Page 37 CAO EXIIIBIT A INSURANCE REQUIItEMENT5 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: 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. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage, DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in I — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this Agreement. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than one hundred (100%) percent of the insurable value of the buildings) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 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 11111114 YOUTH HAVEN, INC. PS22-01 Shelter Personnel Page 38 CAO the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATIGN/MANAGEMENT PHASE (IF APPLICABLE) ARer the Construction Phase is completed and occupancy begins, the following insurance An be kept in force throughout the duration of the loan and/or Agreement: 7, Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage, 10. Property Insurance coverage on an "All Risk" basis, in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee, with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.LM.A. YOUTH HAVEN, INC. P522-01 Shelter Personnel Page 39 CAO COLLIER COUNTY COMMUNITY & AUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: Youth Haven, Inc. SUBRECIPIENT Address: 5867 Whitaker Road Naples, FL 34112 Project Name: Shelter Personnel Project No: PS22-Ol _ Payment Request # Total Payment Minus Retainage Period of Availability: 10lO1/2022_ through 09/30/2023 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $35,972.40 $ 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) YOUTH HAVEN, INC. PS22-01 Shelter Personnel Page 40 cna QUARTERLY PERFORMANCE REPORT DATA The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement and Information System (IDIS). The COUNTY reports information on a quarterly basis. To facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten (10) days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Subreci Tent Name: Youth Haven, Inc. Date: Project Title: Shelter Personnel I IDIS #: Program Contact: I Telephone Number: Activi Re or[in Period Re ort Due Date October I"— December 31" January 10" January 1"— March 31" Aril 1001 April I" — June 3001 July 101h Jul Itt — September 30'h Octoberl0a' REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 12/31/22 3/31/23 6/30/23 9/30/23 Final: Please note: The HUD Program year begins October 1, 2022 —September 30, 2023. Each quarterly report must include cumulative data beginning from the start of the program year October 1, 2022. ra, Please list the outcome goal(s) from your approved application and SUBRECIPIENT Agreement and indicate your ro ess in meetin those oals since October 1 2022. Outcome Goals: list the outcomegoal(s) from your approved application and SUBRECIPIENT Agreement Outcome 1: Hire a Youth Advocate to deliver services, including but not limited to: supervision, positive role- modeling,and resident support to at -risk homeless youth at the Youth Haven Foster Care Group Home. Outcome 2: A minimum of 35 unduplicated youth will receive services as a direct result of this project. Outcome 3: Document that 100% of at -risk homeless youth served are presumed by HUD to be low-income persons, to meet a CDBG LMI/LMC National Objective. b. Goal Progress: Indicate the progress to date in meetin each outcome oal. Outcome 1: Outcome 2: Outcome 3: 2. Is this project still in compliance with the original project schedule: Yes ❑ No ❑ If No, Explain: 3. Since October 1, 2022; of the persons assisted, how many... Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes a. ...now have new access(continuing) to this service or benefit? 0 b. ...now have improved access to this service or benefit? 0 c, now receive a service or benefit that is no longer substandard? 0 Total 0 4. What fundin sources did the SUBRECIPIENT apply for this eriod? Section 108 Loan Guarantee $ CDBG $ Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ ESG $ $ HOPWA $ $ Total Entitlement $ YOUTH HAVEN, INC. PS22-01 Shelter Personnel Page 41 rA0 Funds 5. What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if applicable? Answer question 5a or 5b; NOT both For LMC activities: people, race/e hnicity, and income data are reported by persons. For LMH activities: households, race/ethnicity, and income level are reported by households, regardless the number of persons in the household. a. Total No. Persons/Adults served (LMC) 0 Total No. persons served under 18 0 MC Quarter Total No. of Persons 0 Quarter Total No. of Persons 0 b. Total No. of Households served 0 Total No. of female head of household 0 LMH 6. What is the total number of UNDUPLICATED clients served since October, if applicable? Answer question 6a or 6b, NOT both For LMC activities: race/ethnicity and income data are reported by persons. a. Total No. Persons/Adults served (LMC) 0 Total No. Persons served under 18 0 LMC YTD Total: 0 YTD Total 0 b. Total No. Households served 0 Total No, female head of household (LW 0 YTD Total 0 YTD Total 0 Complete EITHER question 7 or 8, NOT both Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY MCQuarter MC YTD Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED served this ua arter who fall into each presumed benefit persons served since October 1 who fall into each category (the total should equal the total in question #6a presumed benefit category (the total should equal the or : 66 total in question #6a or 6b a Presumed Benefit Activities Onl LMC TR b Presumed Benefit Activities Only MC YTD 0 Abused Children ELI 0 Abused Children ELI 0 Homeless Person ELI 0 Homeless Person ELI 0 Migrant Farm Workers LI 0 Migrant Farm Workers LI 0 Battered Spouses LI 0 Battered Spouses LI 0 Persons w/HIV/AIDS LI 0 Persons w/HIV/AIDS LI 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults LI 0 Illiterate Adults LI 0 Severely Disabled Adults LI 0 Severely Disabled Adults LI 0 Quarter Total 0 YTD Total 8. Coln letc question 8a and 86 if an client in our program does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category the total should equal the total in question #6 : Indicate the total number of UNDUPLICATED persons served since October I (YTD) who fall into each income category the total should equal the total YOUTH HAVEN, INC. PS22-01 Shelter Personnel Page 42 CAO in question #6 : a ELI Extremely Low Income (0-30%) 0 b ELI Extremely Low Income 0-30% 0 LI Low Income (31-50%) 0 LI Low Income 0 MOD Moderate Income (51-80%) 0 MOD Moderate Income 51-80% 0 NON-L/M Above Moderate Income (>80%) 0 NON-L/M Above Moderate Income >80% 0 Quarter Total 0 YTD Total 0 9. Is this project in a Low/Mod Area (LMA)? YES NO Was project completed this quarter? I YES I I NO I Ijyes, complete all of this section 9. Date project completed Block Group Census Tract Total Beneficiaries Low/Mod Beneficiaries Low/Mod Percentage 0 0 0 0 0 Date LMA Narrative approved by CHS? What documentation supports project completion? (i.e., Certificate of Completion or Certificate of Occupancy, etc. 10. Racial &Ethnic Data if a licable Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients clients served this Quarter fall into each race served since October (YTD) fall into each race category. In category. In addition to each race category, please addition to each race category please indicate how many indicate how many persons in each race category persons in each race category consider themselves consider themselves Hispanic. (Total Race column Hispanic. (Total Race column should equal the total in should equal the total in question 6.question 6. a. RACE ETHNICITY b. RACE ETHNICITY /HISPANIC /HISPANIC White 0 0 White 0 0 Black/African American 0 0 Black/African American 10 0 Asian 0 0 Asian 0 0 American Indian/Alaska Native 0 0 American Indian/Alaska 0 0 Native Native HawaiianlOther Pacific Islander 0 0 Native Hawaiiau/Olher Pacific 0 0 Islander Black/African American & White 0 0 BlacktAfrican American & 0 0 White American Indian/Alaska Native& 0 0 American Indian/Alaska 0 0 Black/African American Native & Black/African American Other Multi -racial 0 0 Other Multi -racial 0 0 o 0 10 0 I hereby certify the above information is true and accurate. Name: Signature: Title: Your tyaed name here renresents vour electronic sienature YOUTH HAVEN, INC. P522-01 Shelter Personnel Page 43 CAO EXHIBIT C-1 Community Development Block Grant (CDBG) Leveraged Funds Report Leveraged Funds must be identified, hacked, and verifiable. Resources must be fully identified and described as submitted with SUBRECIPIENT's application. Subrecipient Name: Youth Haven, Inc. Report Period: Fiscal Year: Contract Number: PS22-01 Program: CDBG Contact Name: Contact Number: Leveraged Funds See EXAMPLE below for how to complete this form. Source Amount Type Use Total Project Cost Ratio: EXAMPLE Source Amount Type Use CDBG $1,000,000 Other Federal Funds Land Acquisition HOME $870,000 Federal Funds Infrastructure Private Donation $1,2001000 Cash & In -Kind Infiastructure Philanthropic $3,500,000 Cash — local funds 52 units Affordable Housing Total Project Cost $655709000 Ratio: $1 Federal Dollar $2.51 Local Funds [Signature Page to Fo11owJ YOUTH HAVEN, INC. PS22-01 Shelter Personnel Page 44 OAO I hereby certify the above information is true and accurate. Signature: Printed Name: Title: Date: Your typed name here represents your electronic signature. YOUTH HAVEN, INC. PS22-01 Shelter Personnel Page 45 O �tQ INCOME CERTIFICATION Complete this form and retain appropriate supporting documentation proving CDBG eligible beneficiary. Please retain in your organizatiion's records and have on hand visits. Effective Date: A. Household Information assistance to an for future monitoring Member Names —All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0,00 Total Income from Assets B(b) 0.00 If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 0 .061/6) and enter results in B(c), otherwise leave blank. B(c) YOUTH HAVEN, INC. PS22-01 Shelter Personnel Page 46 C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages / Benefits / Public Other Asset Salaries Pensions Assistance Income Income (include tips, commissions, (Enter the bonuses, and greater of overtime) box B(b) or 1 box B(c), 2 above, in 3 box C(e) 4 below) 5 6 7 8 Totals (a) (b) (c) (d) (e) 0,00 0.00 0,00 0.00 Enter total of items C(a) through C(e). 0,00 This amount is the Annual Anticipated Household Income. D. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. I/we have provided, for each person set. forth in Item A, acceptable verification of current and anticipated annual income. Uwe certify that the statements are true and complete to the best of my/our knowledge and belief, and are given under penalty of perjury. WARNING: Florida Statutes Chapter 817, U.S.C. § 1001 and 31 U.S.0 § 3729 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the fist degree and is punishable by fines and imprisonment provided under Sections 775.082 and 775.083, Florida Statutes. 31 U.S.C. 3729 - False claims - Document in Context - USCODE-2010-title3l-subtitleIB-chap37-subehapUl-sec3729 ovinfo.gov) Signature of Head of Household Date Signature of Spouse or Co -Head of Household Date Adult Household Member• (if applicable) Adult Household Mernber (if applicable) Date YOUTH HAVEN, INC. PS22-01 Shelter Personnel Page 47 O E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s) constitute(s) a: ❑ Extremely Low -Income (ELI) Household means and individual or family whose annual income does not exceed 30/5011 of the Very Low -Income (60 percent of VLI) percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ Very Low -Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent ofthe area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ 1. ❑ Low -Income (LI) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit Based on the (year) income limits for the Naples -Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representafive: Signature Printed Name F. Household Data Title Number of Persons BY Race / Ethnicity B A e American Native Other Indian Asian Black Hawaiian White 0 —25 26 —40 41-61 62+ or Other Pac. Hispanic Non- Hispani NOTE: Information concerning the race or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is reguired to give such infw•mation, and refusal to give such information will not affect any right he or she has to the CDBG program. YOUTH HAVEN, INC. P522-01 Shelter Personnel Page 48 cq�� EXHIBIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding the organization's compliance. In determining Federal awards expended in a fiscal year, the subrecipient must consider all sources of Federal awards, based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Subrecipient Youth Haven, Inc. Name First Date of Fiscal Year D Last Date of Fiscal Year D 07/01/2022 06/30/2023 Total Federal Financial Assistance Expended during 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 ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we understand that the audit report contains ❑ a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title YOUTH HAVEN, INC. P522-01 Shelter Personnel 06/18 Page 49 O °90 FAIN # B-22-UC-12-0016 Federal Award Date Est. 10/2022 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14,218 Total Amount of Federal Funds Awarded $180,880.00 Subrecipient Name Legal Aid Service of Broward County, Inc d/b/a Legal Aid Service of Collier County UEI# X6RGPC2DL1X5 FFIN 59-1547191 R&D NA Indirect Cost Rate NA PeriodofPerformance 10/1/2022 — 9/30/2023 Fiscal Year End 12/31 Monitor End: 12/2023 I:Df►il 11 t3�.7� �l►[K1JJ II I II:ZKI111►Y Y•1 AND LEGAL AID SERVICE OF BROWARD COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY CDBG Grant Program — Public Services THIS AGREEMENT is made and entered into this _day of _ 2022, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY") having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County ("SUBRECIPIENT"), a private non-profit organization having its principal office at 4436 Tamiami Trail East, Naples, FL 34112. WHEREAS, the COUNTY has entered into an Agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the Board of County Commissioners of Collier County ("Board") approved the Collier County Consolidated Plan —One-year Action Plan for Federal Fiscal Year 2022-2023 for the CDBG Program with Resolution on — Agenda Item ; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation ofvarious Annual Action Plans, the COUNTY advertised the 2022-2023 Annual Action Plan, on with a 30-day Citizen Comment period from to ;and LEGALAID SERVICES OF COLLIER COUNTY,INC.D/B/A LEGALAID SERVICE OF COLDER COUNN PS22-03 Legal Services to Victims Page I CA WHEREAS, the SUBRECIPIENT has submitted a proposal for participation in the Collier County CDBG program; and WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in undertaking the CDBG project — (PS22-03) Legal Services to Victims. NOW, THEREFORE, Tic n of the mutual benefits contained herein, it is agreed by the Parties as follows: PARTI SCOPE OF WORK SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: Legal Services to Victims Description of project and outcome: CHS, as an administrator of the CDBG program, will make available FY 2022-2023 CDBG funds up to the gross amount of $180,880.00 to Legal Aid of Collier County to fund salary, payroll taxes, and fi•inge benefits for staff to deliver legal services to victims of domestic violence, sexual assault, dating violence, repeat violence, child abuse, elder abuse, and other abuses. Proiect Component One: Salary, payroll taxes, and fringe benefits for one FTE Paralegal (1.0), one FTE Attorney (1.0), and one part-time Attorney (5); for the delivery Of legal services to victims. 1.1 GRANT AND SPECIAL CONDITIONS A. SUBRECIPIENT must submit the following resolutions and policies to the COUNTY within sixty (60) days of execution of this Agreement: ® Affirmative Fair Housing Policy ® Affirmative Action/Equal Opportunity Policy ® Conflict of Interest Policy ❑ Procurement Policy ❑ Uniform Relocation Act (URA) Policy ® Sexual Harassment Policy ❑ Section 3 Policy ® Section 504/ADA Policy ® Fraud, Waste, and Abuse Policy LEGAL AID SERVICES OF COLLIER COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS22-03 Legal Services to Victims Paget O n 7J ® Language Assistance and Planning Policy (LAP) ® Limited English Proficiency Policy (LEP) ® Violence Against Women Act (VAWA) Policy ® LGBTQ Policy B. Environmental Review Requirement (ERR) —This Agreement does not constitute a commitment of Funds or site approval. The commitment of Funds or site approval may occur only upon satisfactory completion of environmental review and either (i) the determination that the project is Exempt or (ii) the COUNTY's receipt of an approved request for release of funds and certification from HUD, under 24 CFR Part 58. The provision of any funds to the project is conditioned on the COUNTY's determination to proceed with, modify, or cancel the project based on the results of the environmental review. No program costs can be incurred until an environmental review of the project is completed and approved by the COUNTY. Further, SUBRECIPIENT will not undertake any activity or commit any Funds prior to CHS issuing the Notice to Proceed (NTP) letter. Violation of this provision may result in the termination of this subaward and/or the denial of any reimbursement of funds under this Agreement. Annual Subrecipient Training —All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement shall attend the CHS- sponsored Annual SUBRECIPIENT Fair Housing training, except those who attended the training in the previous year. In addition, at least one staff member shall attend all other CHS-offered SUBRECIPIENT training, relevant to the Project, as determined by the Grants Coordinator, not to exceed four (4) sessions. Requests for exemption, under this special condition, must be submitted to the Grant Coordinator, in writing, at least 14 days, prior to the training. C. Limited English Proficiency —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 persons") 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 HUD 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. LEGAL AID SERVICES OF COLLIER COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNrY P522-03 Legal Services to Victims Page 3 O 1'_ 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component One: Funding costs including salary, payroll taxes, and fringe $1805880.00 benefits for one FIE Paralegal (1.0), one FTE Attorney (1.0), and one part-time Attorney (5); for the delivery of legal services to victims. Total Federal Funds: $180,880,00 SUBRECIPIENT will accomplish the following checked project tasks: ❑ Pay all closing costs related to properly 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, Leveraged Funds, and project progress ® Ensure attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS ❑ Ensure attendance by SUBRECIPIENT and General Contractor at Pre -Construction meetings, prior to SUBBRECIPIENT issuance of Notice to Proceed (NIP) to contractor ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation ❑ Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Submit Change Orders for CHS approval prior to SUBRECIPIENT authorizing work ❑ Comply with Davis -Bacon Labor Standards ❑ Comply with Section 3 and maintain documentation ❑ Provide weekly certified payroll throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act (URA), if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible ❑ Ensure the applicable continued use period for the project is met B. National Objective The CDBG program funds awarded to Collier County must benefit low- to moderate -income persons (LMI). As such, SUBRECIPIENT shall ensure that all activities and beneficiaries meet the definition of: ❑ LMA — Low/Mod Area Benefit ® LMC — Low/Mod Clientele Benefit ❑ LMH — Low/Mod Housing Benefit ❑ LMJ — Low/Mod Job Benefit LEGAL AID SERVICES OF COLLIER COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY P522-03 Legal Services to Victims Page 4 CAp LMA: Must document where at least 51 percent of the residents are LMI persons, based on HUD determined eligible census tracts. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMC: Must document that at least 51 percent of persons served, are low- to moderate - income persons or households, in order to meet a CDBG National Objective. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must contain at least 51 percent occupied by LMI households, and structures with less than three units must be occupied by 100 percent LMI households. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMJ: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 percent of which (computed on a full-time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Insurance Insurance Certificate Within 30 days of Agreement execution and Annually upon expiration date Special Grant Condition Policies Policies as stated in this Within sixty (60) days of Section 1.1 Agreement Agreement execution Detailed Project Schedule Project Schedule Not Applicable Project Plans and Specifications Site Plans and Specifications Not Applicable Procurement Documents (Bid Independent Cost Estimate, Not Applicable Packet) * Method of Procurement, Bid Advertisement, Solicitation Packet Subcontractor Log Subcontractor Log Not Applicable Quarterly Progress Report Exhibit C 1. Quarterly reports within 10 days following the quarter end 2. Final report upon submission of the final pay request in Neighborly Leverage Funds Report Exhibit C-1 1. Quarterly, within 10 days following the quarter end 2. Final report upon submission of the final pay request in Neighborly LEGALAID SERVICES OF COLLIER COUNTY, INC. D/8/A LEGALAID SERVICE OF COLLIER COUNTY P522-03 Legal Services to Victims Page 5 1't0 Davis -Bacon Act Certified Weekly Certified Payroll Not Applicable Payroll reports, forms, and supporting documentation Annual Audit Monitoring Exhibit E Annually, within 60 days after Report FY end Financial and Compliance Audit Audit, Management Letter, and Annually: nine (9) months after Supporting Documentation FY end for Single Audit OR one hundred eighty (180) days after FY end Continued Use Certification Continued Use Affidavit, if Not Applicable applicable Capital Needs Assessment Plan Plan approved by the COUNTY Not Applicable Program Income Reuse Plan Plan Approved by the COUNTY Not Applicable * SUBRECIPIENT's Notice to Proceed may be withheld if procurement deliverables ue not submitted in a timely manner, as stated in Section 1.2.C, Performance Deliverables. SUBRECIPIENT must submit to the COUNTY, for approval, all Change Orders required during the project. Failure to submit Change Orders in a timely manner, may result in delay or withholding of payment, as well as a cease work order until all change orders have been reviewed and approved, at which time a new Notice to Proceed will be issued. D. Payment Deliverables Pa ment Deliverable Pa ment Su ortin Documentation Submission Schedule Project Component One: Submission of monthly invoices and Submission of Funding costs including salary, backup as evidence by invoice, monthly payment payroll taxes, and fringe benefits timesheets/payroll registers, check stubs, requests, within 30 for one FTE Paralegal (1.0), one banking documents, Exhibit B, and any days of the prior FTE Attorney (1.0), and one part- additional documentation as requested. month. time Attorney (.5); for the delivery of legal services to 10% retainage will be withheld from each victims. payment request. Final 10 percent of award amount will be paid upon completion of final monitoring clearance and documentation of meeting the National Objective. SUBRECIPIENT'S failure to achieve the National Objective will require repayment of the CDBG investment under this Agreement. 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall begin on October 1, 2022 and shall end on September 30, 2023. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to SUBRECIPIENT. LEGALAID SERVICES OF COLLIER COUNTY, INC. D/a/A LEGAL AID SERVICE OF COLLIER COUNTY P522-03 Legal Services to Victims Page 6 O C,� O 1A AGREEMENT AMOUNT The COUNTY agrees to make available ONE HUNDRED AND EIGHTY THOUSAND, EIGHT HUNDRED AND EIGHTY DOLLARS AND ZERO CENTS ($180,880.00) for use by SUBRECIPIENT, during the term of the Agreement (hereinafter, shall be referred to as the Funds). Modification to the Budget and Scope may only be made if approved in advance. Budgeted Fund shifts among line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only be made with Board of County Commissioners (Board) approval. The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks, as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of CDBG Funds until fundsare needed for eligible costs; and all disbursement requests must be limited to the amount needed at the time of the request. SUBRECIPIENT may expend Funds only for allowable costs resulting fiom obligations incurred during the term of this Agreement. Invoices for work performed are required every month. If no work has been performed during the month, or if SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is required. Explanations are required if two consecutive months of $0 invoices are submitted. Payments shall be made to SUBRECIPIENT when requested as work progresses, but not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. The COUNTY will pay SUBRECIPIENT Funds available under this Agreement based on information submitted by SUBRECIPIENT and consistent with any approved budget and COUNTY policies concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by SUBRECIPIENT, not to exceed actual cash requirements. Payments will be adjusted by CHS in accordance with advance Funds and program income balances available in SUBRECIPIENT accounts. In addition, The COUNTY reserves the right to liquidate Funds available under this Agreement for costs incurred by The COUNTY on behalf of SUBRECIPIENT. Final invoices are due no later than 90 days after the end ofthe Agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements, including timely submission of Performance Deliverables contained in Section 1.2.C. Late submission of deliverables or evidence of project inactivity 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 sections 218.70- 218.80, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." LEGAL AID SERVICES OF COLLIER COUNrY, INC. D/R/A LEGAL AID SERVICE OF COLLIER COUNiY PS22-03 Legal Services to Victims Page 7 ��CJ 1.5 LEVERAGE FUNDS Leveraged funds must be identified, hacked, and verifiable in the SUBRECIPIEN I s records. Resources must be fully identified and described in the Agreement and approved budget submitted with the application. Resources must also meet the following criteria to be allowable as leverage: a. Expenditures of leveraged funds or resources are permitted only for eligible activities and allowable costs under the cost principles specified by the OMB Circulars referenced in this Agreement. Expenditures must be necessary and reasonable for proper and efficient accomplishments of project or program objectives. b. Leveraged resources committed on one project may not be used as leverage or match for any other project or program. c. Leveraged resources must represent newly created resources covering expenditures that would not be incurred if the award were not made. d. Leveraged resources may not be Federal funds under a different award, except where Federal statute allows their use for cost sharing (such as the Community Development Block Grant program). e. Third -patty cash or in -kind contributions offered as leverage require a commitment letter on company letterhead signed by the individual who is in a position to commit the in -kind contribution. The contribution is only allowable if not utilized towards matching dollars. 1.6 COST PRINCIPLES Payments to 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 1.6-Cost Principles) of this Agreement, SUBRECIPIENT is defined as described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed specifically to the project(s) 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 Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles. SUBRECIPIENT is not subject to 2 CFR Subpart E; however, the COUNTY is and may impose requirements upon SUBRECIPIENT to remain compliant with COUNTY's obligation to follow 2 CFR Subpart E. 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. 1.7 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or• other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and LEGAL AID SERVICES OF COLLIER COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY P522-03 Legal Services to Victims Page 8 c� 0 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: TBD, Grant Coordinator Collier County Government Community and Human Services Division 3339 E Tamiami Trail, Suite 213 Naples, Florida 34112 Email: Telephone: SUBRECIPIENT ATTENTION: Jeff Ahren, Director of Development Legal Aid SeLvice of Broward County, Inc. d/b/a Legal Aid Service of Collier County 4436 Tamiami Trail East Naples, Florida 34112 Email: jahren�legalaid.org Telephone: (239) 298-8130 Remainder of Page Intentionally Left Blank LEGAL AID SERVICES OF COLLIER COUNTY, INC. D/B/A LEGAL AID SERVILE OF COLLIER COUNTY PS22-03 Legal Services to Victims Page 9 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit all records, documentation, and any other data relating to all matters covered by the Agreement. SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its receipt of the report. SUBRECIPIENT'S failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning Subrecipient audits and 2 CFR 200,501 Federal Award amounts expended shall be determined in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements, 2.2 RECORDS AND DOCUMENTATION SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to determine compliance with the requirements of this Agreement, the CDBG Program, and all other applicable laws and regulations. This documentation shall include but is not limited to, the following: A. All records required by CDBG regulations. B. SUBRECIPIENT shall create and maintain public records that ordinarily and necessarily would be required by the COUNTY in order to per the service. C. SUBRECIPIENT shall make available to the COUNTY or CHS at any time upon request, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of Funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail to properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. LEGAL AID SERVICES OF COLLIER COUNN, INC. D/R/A LEGAL AID SERVICE OF COLLIER COUNTY P522-03 Legal Services to Victims Page 10 D. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for three (3) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.3345 24CFR 570.493 and 24 CFR 570.502(a)(7)(ii). However, if any litigation, claim, or audit is started before the expiration date of the three (3) year period, SUBRECIPIENT will maintain the records until all litigation, claim, or audit findings involving these records are resolved. If SUBRECIPIENT ceases to exist after the closeout of this Agreement, it shall notify the COUNTY in writing, of the address where the records are to be kept, as outlined in 2 CFR 200.337. SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in SUBRECIPIENT'S possession upon termination 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 SUBRECII'IENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 1199 FLORIDA STATUTES, TO SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, IT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-68321 , 3299 Tamiami Trail E, Naples FL 34112. E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of 1931, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, SUBRECIPIENT shall maintain records showing compliance with Federal purchasing requirements and other Federal requirements for grant implementation. F. 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. SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT'S compliance. G. SUBRECIPIENT shall document how it complied with the National Objective(s), as defined in 24 CFR 570.208, and the eligibility requirements) under which Funding has been received. This includes special requirements, such as necessary and appropriate determinations as defined in 24 CFR 570.208, income certification, and written agreements with beneficiaries, where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records, and at a cost that does not LEGAL AID SERVICES OF COLLIER COUNTY, INC. D/e/A LEGAL AID SERVICE OF COLLIER COUNTY P522-03 Legal Services to Victims Page 11 t'� fl exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public records that are released from public records disclosure requirements are not disclosed, except as authorized by 2 CFR 200.337 and 2 CFR 200.338. COUNTY agrees that nothing in this Agreement shall be construed as requiring Legal Aid as SUBRECIPIENT to give access to any personal identifying information, which is protected by the Attorney -Client privilege or by the provisions of the Rules of Professional Conduct of the Rules Regulating the Florida Bar relating to an attorney's obligation to preserve the confidences or secrets of a client. 2.3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit D) no later than 60 days after SUBRECIPIENT'S fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for Subrecipients exempt from Single Audit) after the SUBRECIPIENT'S fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may carry out no fewer than one (1) annual on -site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. Upon request by CHS, SUBRECIPIENT shall submit information and status reports required by CHS or HUD, to enable CHS to evaluate said progress and allow for completion of required reports. SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. COUNTY will monitor SUBRECIPIENT'S performance in an attempt to mitigate fraud, waste, abuse, or nonperformance, 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 SUBRECIPIENT does not take corrective action 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 control systems and procedures necessary to prevent, detect, and correct incidents of fiaud, waste, and abuse in the performance of this Agreement, and to provide proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT'S internal control systems and all transactions and LEGAL AID SERVICES OF COLLIER COUNN, INC. D/B/A LEGALAID SERVICE OF COLLIER COUNrY PS22-03 Legal Services to Victims Page 12 U other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees, aTill agents for the purpose of monitoring or investigating the performance of this Agreement. SUBRECIPIENT shall fully cooperate with COUNTY'S efforts to detect, investigate, and prevent and, 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 regaired 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: Initial noncompliance may result in the COUNTY issuing Findings or Concerns to the SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action plan to CHS within 10 business days following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to SUBRECIPIENT, as needed, ino er to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely manner, the COUNTY may requhe a portion of the awarded grant funds to be returned to the COUNTY. • CHS may require SUBRECIPIENT to return upwards of 5 percent of the award amount to the COUNTY, at the discretion of the Board. • SUBRECIPIENT may be denied future consideration, as set forth in Resolution No. 2013-228. 3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corected, and has been informed by CHS of their substantial noncompliance by LEGAL AID SERVICES OF COLLIER COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS22-03 Legal Services to Victims Page 13 _ �_ J certified mail, CHS may require that a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed, be returned to the COUNTY. • CHS may require aUBRECIPIENT to return upwards of 10 percent of the award amount to the COUNTY, at the discretion of the Board. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. 4. If after repeated notification, SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend termination of the Agreement or award. • CHS will make a recommendation to the Board to immediately terminate the Agreement. SUBRECIPIENT will be required to repay all Funds disbursed by CHS for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. 2.6 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. Reports showing lack of proiect activity may result in withholding of payment or issuance of a Notice of Noncompliance. During the term ofthis Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 1 Oth day of January, April, July, and October, respectively, for the or quarter period end. As part of the report submitted in October, SUBRECIPIENT agrees to include a comprehensive final report covering the agreed -upon Program objectives, activities, and expenditures including but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit C, which contains an example reporting form to be used in fulfillment of this requirement. Additionally, all leveraged funds utilized in support of this project will be submitted on Exhibit C-I as part of the final report. Other reporting requirements may be required by the County Manager or designee if the Program changes, the need for additional information or documentation arises, and/or if 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. LEGALAID SERVICES OF COLLIER COUNN, INC. D/B/A LEGALAID SERVICE OF COLLIER COUNTY P522-03 Legal Services to Victims Page 14 fI Y in Ou MAJON►I 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 beat the COUNTY's sole discretion and judgment. SUBRECIPIENT shall cause all provisions of this Agreement in its entirety to be included in and made a part of any subcontract execrated in the performance of this Agreement. 3.2 GENERAL COMPLIANCE SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants), including subpart K of these regulations, except that (1) SUBRECIPIENT does not assume the COUNTY'S environmental responsibilities described in 24 CFR 570.604; (2) SUBRECIPIENT does not assume the COUNTY'S responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) SUBRECIPIENT is required to follow the Federal procurement process; and (4) for Developers, revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. SUBRECIPIENT also agrees to comply with all other applicable laws, regulations, and policies governing the Funds provided under this Agreement. SUBRECIPIENT further• agrees to utilize Funds available under this Agreement to supplement rather than supplant funds otherwise available. SUBRECIPIENT is prohibited fiom using Funds provided herein, or personnel employed in the administation of the program for• political activities, inherently religious activities, lobbying, political patronage, and nepotism activities. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. SUBRECIPIENT shall always remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt fiom payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance, as the SUBRECIPIENT is independent from the COUNTY. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such amendments make specific reference to this Agreement, are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY'S Board. Such LEGAL AID SERVICES OF COLLIER COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS22-03 Legal Services to Victims Page 15 CAO amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or Local governmental guidelines, policies, available funding amounts, or for other reasons. If such amendments result in a change in the funding, scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate fiom HUD CDBG grant funds and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing the CDBG Funds pertaining to this Agreement. In the event of curtailment or non -production of said Federal Funds, or the reduction of Funds awarded by HUD to the COUNTY, to a level that the County Manager determines to be insufficient to adequately administer the project, the financial resources necessary to continue to pay SUBRECIPIENT all or any portion of the Funds will not be available. In either event, the COUNTY may terminate this Agreement, which shall be effective as of the date that it is determined by the County Manager or designee, in his/her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, 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 IlVD)✓MNIFICATION To the maximum extent permitted by Florida law, SUBRECIPIENT shall indemnify and hold harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action, which may arise out of an act or omission including but not limited to, reasonable attorneys' and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies, which otherwise may be available to an indemnified party or person described in this paragraph. SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith, shall defend all suits in the name of the COUNTY, and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in section 768.28, Florida Statutes. This section shall survive the expiration or termination of this Agreement. LEGAL AID SERVICES OF COLLIER COUNTY, INC. D/8/A LEGAL AID SERVICE OF COLLIER COUNTY P522-03 Legal services to Victims Page 16 rAp 3,7 GRANTEE RECOGNITION/SPONSORSHIPS SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of program sponsorships research reports and similar public notices whether printed or digitally prepared and released by SUBRECIPIENT for, on behalf of and/or about the Proeram shall include the statement: "FINANCED IN PART BY U,S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OIUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of SUBRECIPIENT. This design concept is intended to disseminate key information to the general public regarding the development team, as well as Equal Housing Opportunity. Construction signs shall comply with applicable COUNTY codes. If this Agreement results in any copyrightable material or inventions, CHS and/or the COUNTY reserve the right to royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use; and to authorize others to use the work or materials for governmental purposes. 3.8 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.341, this Agreement may be terminated for convenience by either the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and in the case of partial terminations, the portion to be terminated. However, in the case of a partial termination, if the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. This Agreement may also be terminated by the COUNTY, if the award no longer effectuates the program goals or grantor agency priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement, in compliance with 2 CFR 200, Appendix II (A): A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as may become applicable at any time. B. Failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner. C. Ineffective or improper use CC,, A s provided under this Agreement. D. Submission of reports to the COUNTY that are incorrect or incomplete in any material respect. LEGAL AID SERVICES OF COLLIER COUNN, INC. D/6/A LEGAL AID SERVICE OF COLLIER COUNTY P522-03 Legal Services to Victims Page 17 9 E. Submission of any false certification. F. SUBRECIPIENT'S failure to materially comply with any terms of this Agreement. G. Failure to materially comply with the terms of any other agreement between the COUNTY and SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any combination of one or more of the following remedies, in compliance with 2 CFR 200, Appendix II (B): A. Require specific performance of the Agreement in whole or in part. B. Require the use of, or change in, professional property management, if applicable. C. Require SUBRECIPIENT to immediately repay to the COUNTY all CDBG funds received under this Agreement. D. Apply sanctions, if COUNTY determines them to be applicable. E. Stop all payments until identiFied deficiencies are corrected. F. Terminate this Agreement by giving written notice to SUBRECIPIENT specifying the effective date of such termination. If the Agreement is terminated by the COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. 3.9 SUSPENSION AND DEBARMENT SUBRECIPIENT certifies that neither it, nor its principals, are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by a Federal Department or agency; and that SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, as outlined in Executive Orders 12549 (1986) and 12689 (1989), Suspension and Debarment, and 2 CFR 200.214, as further detailed in Section 4.18, 3.10 REVERSION OF ASSETS In the event of Agreement termination, irr addition to any and all other• remedies available to the COUNTY (whether under this Agreement, at law, or in equity), SUBRECIPIENT shall, at the time of termination (or expiration), immediately transfer to the COUNTY any property on hand and any accounts receivable attributable to the use of CDBG funds, per 24 CFR 570.503(b)(7), LEGAL AID SERVICES OF COLLIER COUNN, I NC. D/e/A LEGAL AID SERVICE OF COLLIER COUNTY PS22-03 Legal Services to Vic[ims Page 18 Cq1� The COUNTY'S receipt of any Funds on hand at the time of termination shall not waive the COUNTY'S right (nor excuse SUBRECIPIENT'S obligation) to recoup all or any portion of the Funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). All program assets (unexpended program income, property, equipment, etc.) shall revert to CHS upon termination of this Agreement. 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until aIt required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said insurance shall be carried continuously during SUBRECIPIENT'S performance under the Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the Federal Regulations for the Community Development Block Grant (24 CFR 570 et seq.). 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through 200.327) and Collier County Procurement Ordinance #2017-08, as amended. Current purchasing thresholds are: Ran e; Com etition Re aired $0 - $50,000 3 Written Quotes $505001+ Formal Solicitation QTB, RFP, etc. All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or put out to competitive bidding under a procedure acceptable to COUNTY and Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest, responsible, and qualified bidder. SUBRECIPIENT shall manage and CHS shall monitor contract administration. CHS shall have access to all records and documents related to the Project. In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall provide a preference far the purchase, acquisition, m• use of goods, products, or materials produced in the United States. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II (J) and 2 CFR 200.323. LEGAL AID SERVICES OF COLLIER COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY P522-03 Legal Services to Victims Page 19 9 3.I4 PROGRAM GENERATED INCOME No Program Income is anticipated. However, if Program Income is derived fiom the use of CDBG Funds disbursed under this Agreement, such Program Income shall be utilized by SUBRECIPIENT only for CDBG-eligible activities approved by the COUNTY. Any Program Income (as such term is defined under applicable Federal regulations) gained from any SUBRECIPIENT activity funded by CDBG Funds shall be reported to the COUNTY through an annual Program Income Re -use Plan, utilized by SUBRECIPIENT accordingly, and shall comply with 2 CFR 200.307, 24 CFR parts 570,489 and 570.500, and 24 CFR 570.504 in the operation of the Program. When Program Income is generated by an activity that is only partially assisted by CDBG Funds, the income shall be prorated to reflect the percentage of CDBG Funds used. If there is a Program Income balance at the end of the Program Year, such balance shall revert to the COUNTY's Community Block Grant Program, for further reallocation. 3.15 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT'S obligation to the COUNTY shall not end until all closeout requirements are completed. SUBRECIPIENT may close out the project with the COUNTY after the expiration of the Agreement. Activities during this closeout period shall include, but are not limited to making final payments; disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY); and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that SUBRECIPIENT has control over CDBG Funds, including program income. In addition to the records retention outlined in section 2.2 (Records and )ocumentation) of this Agreement, SUBRECIPIENT shall comply with section 119.021, Florida Statutes, regarding records maintenance, preservation, and retention. A conflict between State and Federal records retention requirements will result in the more stringent law being applied, such that the )record must be held for the longer duration. Any balance of unobligated Funds that have been advanced or paid must be returned to the COUNTY. Any Funds paid exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information complying with section 215.97, Florida Statutes, the 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 SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement based on race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower -income residents of the project areas shall be given opportunities fo)• training and employment. Also, to the greatest extent practicable, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be LEGAL AID SERVICES OF COLLIER COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS22-03 Legal Services to Victims Page 20 CAO awarded contracts in connection with the project. SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968, 3.17 OPPORTUNITIES FOR SMALL AND MINORITYNVOMEN OWNED BUSINESS SUBRECIPIENT will use its best efforts to afford small businesses and minority and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and "minority and women's business enterprise' means a business that is at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Black Americans, Hispanic Americans , Asian/PacificAmericans, Native Americans, and Hasidic Jews. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and women's business enterprises, in lieu of an independent investigation. 3.18 PROGRAM BENEFICIARIES If the Agreement is meeting a National Objective through an LMI strategy, at least 51 percent of the beneficiaries of a project Funded through this Agreement must be low- and moderate -income persons, or presumed to be low- to moderate -income persons based on applicable regulation. Determination of income eligibility is based on the annual income of the family or household. This Agreement conforms to the definition of Annual Income, per 24 CFR 570.3(1)(i), where Annual income is defined under the Section 8 Housing Assistance Payments. Details for calculating the Annual Income are contained in 24 CFR 5.609, with practical instructions contained in HUD Handbook 4350.3, Chapter 5. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than 30 percent of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the COUNTY's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit C of this Agreement. 3.19 AFFII2MATI7E ACTION SUBRECIPIENT agrees that it is committed to carrying 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. Prior to the award of funds, SUBRECIPIENT shall submit for approval a plan for an Affirmative Action Program. The Affirmative Action Program must be updated throughout the continued use period and submitted to the COUNTY within 60 days of any update/modification. SUBRECIPIENT contracting officer will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or worker's representative of the LEGAL AID SERVICES OF COLLIER COUNTY, INC. D/e/A LEGAL AID SERVICE OF COLLIER COUNN PS22-03 Legal Services to Victims Page 21 CAO SUBRECIPIENT's commitments hereunder; and shall post copies of the notice in conspicuous places available to all employees and applicants for employment. 3.20 CONFLICT OF INTEREST SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement; and that no person having any conflict of interest shall be employed or subcontracted by SUBRECIPIENT. SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest," 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. 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 SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT'S ability to self -manage the projects using its own employees. Any possible conflict of interest on the part of SUBRECIPIENT, its employees, or its contractors shall be disclosed to CHS in writing, provided however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low- and moderate -income residents of the project target area, i���:11 t717_\►Y Y � IC�73.�'I 1►(!1\i/I M`►I 7i%I �I`► ICY Each tier certifies that the tier above it will not, and has not, used Federally appropriated funds to pay any person or organization for influencing or attempting to influence the award of Federal funds, as covered by 31 USC 1352, and more fully described in Section 4.54 of this Agreement. Contractors who apply or bid for an award of $100,000 or more shall file the required certification. 3.22 RELIGIOUS ORGANIZATIONS CDBG Funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment and will not limit employment or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services and will not limit such services or give preference to persons based on religion. LEGAL AID SERVICES OF COLLIER COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS22-03 Legal Services to Victims Page 22 CAO C. It will retain its independence from Federal, State, and Local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided it does not use direct CDBG Funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. The Funds shall not be used for the acquisition, cons tuction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG Funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities, in accordance with the cost accounting requirements applicable to CDBG Funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. 3.23 INCIDENT REPORTING If SUBRECIPIENT provides services to clients under this Agreement, SUBRECIPIENT and any subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person. 3.24 5EVERABILITY Should any provision of this Agreement be determined unenforceable or invalid, such determination shall not affect the validity or enforceability of any other section or part thereof. 3.25 MISCELLANEOUS SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. SUBRECIPIENT represents and warrants that the financial data, reports, and other information it furnished to the COUNTY regarding the Project are accurate and complete, and financial disclosures fairly represent the financial position of SUBRECIPIENT. SUBRECIPIENT understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the COUNTY's or SUBRECIPIENT's responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service and, in case of a minor, that of a responsible parent/guardian. SUBRECIPIENT certifies that it has the legal authority to receive the Funds under this Agreement and its governing body has authorized the execution and acceptance of this Agreement. Tire SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind SUBRECIPIENT to the terms of this Agreement. The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida, without giving effect to its provisions regarding choice of laws. LEGAL AID SERVICES OF COLLIER COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY P522-03 Legal Services to Victims Page 23 'Ap All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all applicable Federal, State, and Municipal laws, ordinances, regulations, orders, and guidelines, including but not limited to any applicable regulations issued by HUD. Electronic Signatures. This Agreement, and related documents entered into in connection with this Agreement, are signed when a party's signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. 3.26 WAIVER The COUNTY's failure to act with respect to a breach by SUBRECIPIENT does not waive its right to act with respect to subsequent or similar breaches. The COUNTY'S failure to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. Remainder of Page Intentionally Left Blank LEGAL AID SERVICES OF COLLIER COUNiY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY P522-03 Legal Services to Victims Page 24 PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program hops://www.ccfr.gov/cizi-bin/text-idx?tpl=/ecfrbrowse/Title24/24cfr570 main 02.tpl 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. https://www.eefr.gov/cgi-bin/text- idx?SID=1 acdb92f3b05c3f285dd76c26d 14f54e&mc=true&node=pt24.1.58&rgn=div5 Resource Conservation and Recovery Act (RCRA). Under RCRA codified at 42 USC 6962, state and local institutions of higher education, hospitals, and non-profit organizations that receive direct Federal awards or other Federal Funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to the EPA guidelines. Summary of the Resource Conservation and Recovery Act I US EPA 4.3 Hatch Act: The SUBRECIPIENT shall comply with the Hatch Act, 5 USC 1501-1508 and shall ensure that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 Title V of the USC Federal Register: Political Activity -State or Local Officers or Employees, Federal Employees Residing in Designated Localities: Federal Employees 4.4 Section 104(d) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended Section 109 of the HCD Act of 19741 HUD.gov / U.S. Department of Housing and Urban Development (HUD) Section 104(d) of the Housing AO Development Act of 1974, as amended (see 42 USC 5304(d)l - HUD Exchange 4.5 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. httns:www.hud.gov/sites/documents/DOC 7771.PDF hops://www.justice. gov/crt/fair-housing act-1 Executive Order 11063 — Equal Opportunity in Housing httns://www.archives.gov/federal- reeister/codification/executive-order/ 11063.html Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs httns://www.archives.gov/federal-register/codification/executive-order/ 12259.htm I 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O. httns://www.law.comell.edu/cfr/textt24/part-107 4.6 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as amended hops://www.hud.gov/programdescription/title6 4.7 This Agreement is subject to 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared, or improved with assistance provided under this Agreement, LEGAL AID SERVICES OF COLLIER COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS22-03 Legal Services to Victims Page 25 c�° SUBRECIPIENT shall cause or require a covenant running with the land to be inserted in the deed or lease of such transfer, prohibiting discrimination herein as defined, in the sale, lease, or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the COUNTY and the United States are beneficiaries of and entitled to enforce such covenants. SUBRECIPIENT, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4.8 The Temporary Assistance for Needy Families Program (TANF) 45 CFR Parts 260-265, the Social Services Block Grant 42 ISC 1397d and other applicable federal regulations and policies promulgated thereunder. Temporary Assistance for Needy Families f Benefits.gov eCFR: 45 CFR Part 260 -- General Temporary Assistance for Needy Families (TANF) Provisions The Pro -Children Act: Contractor agrees to comply with the Pro -Children Act of 1994, 20 USC 6083. Pro -Children Act Of 1994 1 Leeislation I US Encyclopedia of law (lawi.us) 4.9 Public Announcements and Advertising: When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs Funded in whole or in part with Federal money, SUBRECIPIENT shall clearly state (1) the percentage of the total costs of the program or project which will be financed with Federal money, (2) the dollar amount of Federal funds for the project or program, and (3) percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources. 4.10 Purchase of American -Made Equipment and Products: SUBRECIPIENT assures that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Agreement will be American -made. 4.11 24 CFR 570.601 Subpart K -The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. hops://www.gpo.goy/fdU /pke/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-sec570- 602Tndf 4.12 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 -which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https://www.dol.izov/agencies/ofccp/executive-order-I1246/as-amended EO 11375 and 12086: see item #8 below 4.13 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for LEGAL AID SERVICES OF COLLIER COUNN, INC. D/R/A LEGAL AID SERVICE OF COLLIER COUNTY P522-03 Legal Services to Victims Page 26 CAO employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission eeoc. ov 4.14 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. 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 per%rmed 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, 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." Section 3 requires 25 percent of the total labor hours must be worked by Section 3 workers and 5 percent of the total labor hours must be worked by Targeted Section 3 workers. If SUBRECIPIENT is unable to meet these benchmarks, efforts taken to meet the requirements must be described. Examples include held iob fairs, conduct on the job training, outreach efforts to public housing residents, and connecting residents to supportive services. Section 3 requires 25 percent of the total labor hours must be worked by Section 3 workers and 5 percent of the total labor hours must be worked by Targeted Section 3 workers. If the SUBRECIPIENT is unable to meet these benchmarks, efforts taken must be described to meet the requirements. Examples include: held job fairs, conduct on the job training, outreach efforts to public housing residents, and connecting residents to supportive services. SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement oflead-based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG-funded project is located; LEGALAIDSERVICES OF COLLIER COUNTY, INC. D/e/A LEGAL AID SERVICE OF COLLIER COUNTY P522-03 Legal Services to Victims Page 27 0 where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low - and very low-income participants in other HUD programs. https://www.hud.gov/sites/documents/DOC 12047.PDF SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. https://www.ecfr.gov/current/titic-24/subtitle-A/part-75 4.15 SUBRECIPIENT shall not assign or transfer any interest in this Agreement without the prior written consent of the COUNTY thereto; provided, however, that claims for money due or to become due to SUBRECIPIENT from CHS under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to CHS. 4.16 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107, and 12086. Age Discrimination Act of 1975 https://www.law.comell.edu/uscode/textt42/chapter-76 11246: his://www.dol. ovg/ofccp/regs/statutes/eoI1246.htm 11375: Amended by EO 11478 11478: https•//www archives.eov/federal-register/codification/executive-order/11478.html 12107: https•//www archives gov/federal-register/codification/executive-order/12107.html 12086: https•//www archives gov/federal-register/codification/executive-order/12086.html 4.17 Contract Work Hours and Safety Standards Act, 40 USC 327- 4.18 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: https://www.epa. og v/ocr 29 USC 776: https://lawonecle.com/uscode/29/776.htm1 24 CFR 570.614: https://www.law.comell.edu/cfr/text/24/570.614 4.19 The Americans with Disabilities Act of 1990: https://www.hud. og v/hudprograms/eohudap LEGALAIDSERVICES OFCOLLIER COUNN,INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS22-03 Legal Services to Victims Page 28 n O 4.20 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.fhwa.dot.gov/real estate/uniform act/index.cfm 4.21 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all construction contracts funded by CDBG. Davis -Bacon Act: 42 USC 276a to 40 USC 276a: https://uscode.house.gov/view.xhtml?retgranuleid:USC-1999-title40-see tion276a- 7&num=0&edition=1999 29 CFR Part 3 - Conractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States https://www.law.comell.edu/cfr/text/29/part-3 29 CFR Part 5 -Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) ftps://www.law.comell,edu/cfr/text/29/part-5 Executive Order 11914 -Prohibits discrimination with respect to the handicapped, in federally assisted projects. https://www.presidency.ucsb.edu/ws/index.phhp?pid=23675 4.22 As a supplement to the Davis -Bacon Act requirements, the SUBRECIPIENT agrees to comply with the "Copeland Anti -Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or subcontractors from inducing an employee to relinquish any part of his/her compensation, under the federally -funded contract. 18 U.S.C. 874 https•//www govinfo eov/content/pkg/USCODE-2010-titlel8/pdf/USCODE-2010- titlel8.pdf 40 U.S.C. 276c https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40- section276c&num=0&edition=1999 4.23 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 -which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. https://www.archives.gov/federal-register/codifrcation/cxecutive-order/I 1625.html 4.24 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act (HCDA) are still applicable. 24 CFR 570.607: LEGAL AID SERVICES OF COLLIER COUNTY, INC. D/B/A LEGAL AID SERV ICE OF COLLIER COUNTY P522-03 Legal Services to Victims Page 29 �9 O https:/hvww.ccfr.gov/cgi-bin/text- idx?SID=9eae3f8eaa991 f04l I f383b74003bcb l &mcrtl•ue&node=pt24.3.570&rgn=div5#se24.3.5 70 1607 E.O. 13279: http://www.fedgovcontracts,com/pe02-96.htm 4.25 Public Law 100-430 -the Fair Housing Amendments Act of 1988. https://%vwNv.iicbi.nitn.iiih.gov/pubmed/12289709 4.26 2 CFR 200 et seq -Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https:Hwww.ecfr.gov/cgi-bin/text-idx?tpl=/eefrbrowse/Title02/2cfr200 main 02.1pl 4.27 2 CFR 200.216 —Prohibition on certain telecommunications and video surveillance services or equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or grant funds to: 1) procure or obtain; 2) extend or renew a contract to procure or obtain; 3) enter into a contract (or extend or renew a contract) to procure or obtain equipments, services, or systems that use(s) covered telecommunications equipment or services as a substantial component of any system, or as critical technology as part of any system. 4.28 Immigration Reform and Control Act of 1986 S.1200 - 99th Congress (1985-1986): Immigration Reform and Control Act of I986 I Con rg ess.gov I Library of Congress 4.29 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes- https://www.lawserver.com/law/state/florida/statutes/florida_statutes_ chapter 112 part_iii Collier County- http://www.colliergoy.net/home/showdocument?id=35137 4.30 Order ofPrecedence - 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 Contt act Documents, except that the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.31 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). LEGAL AID SERVICES OF COLLIER COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY P522-03 Legal Services to Vic[ims Page 30 O 90 4.32 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 patty may obtain a court order requiring mediation under section 44.102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court; and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. https://www.flsenate.gov/Laws/Statutes/2012/44.102 4.33 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkiz/USCODE- 2010-title42/html/USCODE-2010-title42-chap85.htm https://www.law.comell.edu/uscode/text/42/eh4pter-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.govinfo.gov/contentlpkg/USCODE-201 1-title33/pdf/USCODE-201 1-title33- chgp26.pd f https://www.law.comell.edu/uscode/text/33/chVter-26 4.34 In accordance with the requirements of the Flood Disaster Protectiou Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. https://www.law.cometl.edu/cfr/text(24/570.605 4.35 SUBRECIPIENT agrees that any construction or rehabilitation of residential sh•uctures with assistance provided under this Agreement shall be subject to the HUD Lead -Based Paint Poisoning Prevention Act, found at 24 CFR 570,608, Subpart K. hftps://www.hudexchanize.info/programs/Icad-based-paintl 4.36 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. nhpaTitle54Dec20l6.pdf (ncshpo.org) https•//www achp gov/sites/default/files/regulations/2017-02/regs-revO4.pdf LEGAL AID SERVICES OF COLLIER COUNN, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNT/ PS22-03 Legal Services to Victims Page 31 O Cq O In general, this requires concurrence fi•om 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. n�aTitIe54Dec2016pdf (ncshpo.org) 4.37 SUBRECIPIENT must certify that it will provide drug -free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). hops•//www gpo ¢ov/fdsys/Granule/USCODE-2009-title4l/USCODE-2009-title4l-chapl0- sec701 4.38 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 Deparhnent or agency; and the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other• covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. hops://www.archives gov/federal-resister/codification/executive-order/12549.html 4.39 SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200, et seq. 4.40 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 ofthe 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, ifthis 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. httns://www.ecfr.gov/csi-bin/text- idx?SID=5a78addefff9a535e83fed3010308aef&mc=true&node=se2.1.200 1344&r Ig i=div8 Any real property acquired by the SUBRECIPIENT for the purpose of carrying out the projects stated herein and approved by the COUNTY, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within SUBRECIPIENT control, which is acquired or improved, in whole or part, with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. SUBRECIPIENT agrees to comply with the requhrements of 24 CFR 570.606 c governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the HCD LEGAL AID SERVICES OF COLLIER COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNiY P522-03 Legal Services to Victims Page 32 Act; and the requirements in 24 CFR 570.606 (d) governing optional relocation policies. SUBRECIPIENT shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606 (b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition, or conversion for a CDBG assisted project. SUBRECIPIENT also agrees to comply with applicable COUNTY ordinances, resolutions, and policies concerning the displacement of persons from their residences. https://www.gpo.gov/fdsys/eranule/CFR-1999-title49-vol l/CFR-1999-title49-vol l-sec24-101 https://www. ovg info.gov/app/details/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-505 4.41 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. hft://www.leg.state.fl.us/Statutes/index.cftn?App mode=Display Statute&Search String=&UR L=0200-0299/0287/Sections/0287.133.html 4.42 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.43 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. SUBRECIPIENT shall obtain written approval from CHS for any outside travel outside the metropolitan area with funds provided under this Agreement. https://www. sg_a.eov/portal/content/104877 4.44 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. https•//www.goyregs.com/regulations/expand/title24 part5 subpartA section5.106 LEGAL AID SERVICES OF COLLIER COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY P522-03 Legal Services to Victims Page 33 @ 4.45 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in §5.100, required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. eCFR :: 24 CFR Part 214 Subpart D -- Program Administrationhftps://www.law.cornell.edu/cfr/text/24/5.1 11 4.46 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.federaire ister.gov/documents/2016/11/16/2016-25888/violence-against-women- reauthorization-act-of-2013-implementation-i n-hud-hous ing=programs 4.47 Any rule or regulation determined to be applicable by HUD. 4.48 Florida Statutes section 448.095 Employment Eligibility. Per Florida Statute 448.095(3), all Florida private employers are required to verify employment eligibility for all new hires beginning January 1, 2021. Eligibility determination is not required for continuing employees hired prior to January 1, 2021. http://www.lea.state.fl.us/statutes/index.efn?App mode=Display Statute&URL=0400- 0499/0448/0448.html 4.49 Florida Statutes section 713.20, Par4 1, Construction Liens Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us) 4.50 Florida Statutes section 119.021 Records Retention Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us) 4.51 Florida Statutes section 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App mode=DiWay StatuteckML 0100- 0199/0119/Sections/0119.071.html 4.52 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.140 . 4.53 Equal Treatment of Faith -Based Organizations: By regulation, HUD prohibits all recipient organizations from using financial assistance from HUD to food explicitly religious activities. The SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see https://ojp.gov/abouttocr/partnerships.htm. Discrimination on the basis of religion in employment is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on a case -by -case basis to allow some faith -based organizations to receive HUD funds while taking LEGALAID SERVICES OF COLLIER COUNTY, INC. D/B/A LEGALAID SERVICE OF COLLIER COUNTY P522-03 Legal Services to Victims Page 34 GPc� into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights, 4.54 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 httas://ojp.pov/about/ocr/pdfs/UseofConviction Advisory.pdf for more details. 4.55 Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENT will not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352, Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. 4.56 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds 18 U.S. Code § 1001 - Statements or entries eg nerally I U.S. Code I US Law I LII / Legal Information Institute (cornell.edul Beneficiaries are subject to this False Claims Act that include the following: 31 U.S.C. 3729 -False claims -Document in Context - USCODE-2010-title3l-subtitleIII-chap37-subchapIII-sec3729 ( ovg info.gov) 31 U.S. Code 6 3729 - False claims I U.S. Code I US Law I LII / Legal Information Institute (cornell.edu) 4.57 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. LEGAL AID SERVICES OF COLLIER COUNN, INC. 0/B/A LEGAL AID SERVICE OF COLLIER COUNiV P522-03 Legal Se"Ices to Victims Page 35 O Gpu 4.58 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. 4.59 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://oop.gov/fundingtExolore/ProhibitedConduct-Trafficking_htm, 4.60 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of OJP. 4.61 If the SUBRECIPIENT wishes to enter into a contract with a small business ffi•m or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under this funding agreement, the SUBRECIPIENT must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Busines Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by HUD. https://www.ecfr, ov/cgi- bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de761 dc64c0&mcrtrue&n=pt37 1 401 &r =PART&tv=HTML ENTIIZE AGREEMENT This Agreement constitutes the entire agreement between COUNTY and SUBRECIPIENT for the use of Funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between COUNTY and SUBRECIPIENT with respect to this Agreement. (Signature Page to Follow) LEGAL AID SERVICES OF COLLIER COUNN, INC. D/B/A LEGAL AID SERV ICE OF COLLIER COUNiV PS22-03 Legal Services to Victims Page 36 0 N WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: AS TO COUNTY: CRYSTAL K. KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk By: (SEAL) Signature Witness #1 Printed Na Witness #2 Signature it Gri fife. P—cdQo r Witness #2 Printed Name Approved as to form and legality: Derek D. Perry oY Assistant County Attorney `\ 2 Date: WILLIAM L. McDANIEL, JR., CHAIRPERSON Date: AS TO SUBRECIPIENT: LEGAL AID SERVICE OF BROWARD COUNTY, INC. d/b/a LEGAL AID SERVICE OF COLLIER COUNTY - D BRA KOPROWSKI, DEPUTY EXECUTIVE DIRECTOR Date: )� 3 [Please provide evidence of signing authority] LEGAL AID SERVICES OF COLLIER COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLI ER COUNTY P522-03 Legal services to Victims Page 37 rno i n: 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: Workers' Compensation as required by Chapter 4405 Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this Agreement. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in I — 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than one hundred (100%) percent of the insurable value of the buildings) 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 asswe that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under LEGAL AID SERVICES OF COLLIER COUNTY, INC. D/0/A LEGAL AID SERVICE OF COLLIER COUNTY P522-03 Legal Services to Victims Page 38 Cq O the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Agreement: 7. Workers' Compensation as required by Chapter 440, Florida Statutes, 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage, 10. Property Insurance coverage on an "All Risk" basis, in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee, with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.LM.A. LEGAL AID SERVICES OF COLLIER COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY P522-03 Legal Services to Victims Page 39 E (HIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County SUBRECIPIENT Address: 4436 Tamiami Trail East, Naples, FL 34112 Project Name: Legal Services to Victims Project No: PS22-03 _ Payment Request # Total Payment Minus Retainage Period of Availability: 10/1/2022_ tlTrough 9/30/2023 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $180,880.00 $ 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 Title Authorizing Grant Coordinator Supervisor (Approval required $I5,000 and above) Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) LEGAL AID SERVICES OF COLLIER COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS22-03 Legal Services to Victims Page 40 CAO EXIiIBIT C QUARTERLY PERFORMANCE REPORT DATA The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement and Information System (IDIS). The COUNTY reports information on a quarterly basis. To facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten (10) days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Subrecipient Name: Legal Aid Service of Broward Date: County, Inc. d/b/a Legal Aid Service of Collier County Project Title: Le al Services to Victims IDIS #: Program Contact: Telephone Number: Activi Re ortin Period Re ort Due Date October ls'— December 315' January 10" January ls'—March 3ls' Aril10a' April Is'— June 30'h Jul 10'h July ls' — September 30' October 10' REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 12/31/22 3/31/23 6/30/23 9/30/23 Final: Please note: The HUD Program year begins October 1, 2022 —September 30, 2023. Each quarterly report must include cumulative data beginning from the start of the program year October 1, 2022. 1. Please list the outcome goal(s) from your approved application and SUBRECIPIENT Agreement and indicate your progress in meeting those goals since October 1 2022, a. Outcome Goals: list the outcomegoal(s) from your approved application and SUBRECIPIENT Agreement Outcome 1: Delivery of Legal Services to Victims Outcome 2: Documentation that 115 persons will be served who are victims of domestic violence, sexual assault, dating violence, repeat violence, child abuse, elder abuse, and other abuses. At least 51% of clients must qualify as low -to -moderate, to achieve the National Objective. (duplication of clients from the prior project period is permitted to allow for continuity of services Outcome 3: Delivery of a minimum of four 4 outreach sessions. b. Goal Progress: Indicate the progress to date in meeting each outcome goal, Outcome 1: Outcome 2: Outcome 3: 2. Is this project still in compliance with the original project schedule: Yes ❑ No El If No, Explain: 3. Since October 1, 2022; of the persons assisted, how many... Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes a. ...now have new access(continuing) to this service or benefit? 0 b. ...now have improved access to this service or benefit? 0 c. ...now receive a service or benefit that is no longer substandard? 0 Total 0 4. What funding sources did the SUBRECIPIENT apply for this period? Section 108 Loan Guarantee $ CDBG $ Other Consolidated Plan Funds $ HOME $ Other Federal Funds I $ ESG $ LEGAL AID SERVICES OF COLLIER COUNTY, INC. D/e/A LEGAL AID SERVICE OF COLLIER COUNTY PS22-03 Legal Services to Victims Page 41 G, $ HOPWA 1 $ $ Total Entitlement Funds $ 5. What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if applicable? Answer question 5a or 5b; NOT both For LMC activities: people, race/ethnicity, and income data are repotted by persons. For LMH activities: households, race/ethnicity, and income level are reported by households, regardless the number of persons in the household. a. Total No. Persons/Adults served (LMC) 0 Total No. persons served under 18 0 LMC Quarter Total No. of Persons 0 Quarter Total No. of Persons 0 b. Total No. of Households served 0 Total No. of female head of household 0 LMH 6. What is the total number of UNDUPLICATED clients served since October, if applicable? Answer question 6a or 6b, NOT both For LMC activities: race/ethnicity and income data are reported by persons, a. Total No. Persons/Adults served (LMC) 0 Total No. Persons served under 18 LMC 0 VTD Total* 1 6 YTD Tntal 1 0 C b. Total No. Households served 0 Total No. female head of household (LMH) 0 I YTD Total 1 0 1 YTD Total 1 0 � Complete EITHER question 7 or 8, NOT both Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY LMCQuarter LMC YTD Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED served this quarter who fall into each presumed benefit persons served since October 1 who fall into each category (the total should equal the total in question #6a presumed benefit category (the total should equal the or 6b : total in question 46a or 6b): a Presumed Benefit Activities Only MC QTR b Presumed Benefit Activities Only LMIC) YTD 0 Abused Children ELI 0 Abused Children ELI 8. Com lete question 8a and Sb if an client in our program does not fall into a Presumed Benefit cafe o Other Beneficiary Data: Income Ran a Other Beneficiary Data: Income Ran e Indicate the total number of UNDUPLICATED persons I Indicate the total number of UNDUPLICATED LEGAL AID SERVICES OF COLLIER COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS22-03 Legal Services to Victims Page 42 P� G O served this Quarter who fall into each income category persons served since October I (YTD) who fall into (the total should equal the total in question 96): each income category (the total should equal the total in question #6): a ELI Extremely Low Income (0-30%) 0 b ELI Extremely Low 0 Income 0-30% LI Low Income (31-50%) 0 LI Low Income 0 MOD Moderate Income (51-80%) 0 MOD Moderate Income 0 51-80% NON-LIM Above Moderate Income (>80%) 0 NON-L/M Above Moderate 0 Income >80% Quarter Total 0 YTD Total 0 9. Is this project in aLow/Mod Area (LMA)? YES NO Was project completed this quarter? YES NO Ijyes, complete all ojthis section 9. Date project completed Block Group Census Tract Total Beneficiaries Low/Mod Beneficiaries Low/Mod Percentage 0 0 0 0 0 Date LMA Narrative approved by CHS? What documentation supports project completion? (i.e., Certificate of Completion or Certificate of Occupancy, etc) 10. Racial &Ethnic Data if a licable Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients clients served this Quarter fall into each race served since October 1 (YTD) fall into each race category. category. In addition to each race category, please In addition to each race category please indicate how many indicate how many persons in each race category persons in each race category consider themselves consider themselves Hispanic. (Total Race column Hispanic. (Total Race colrrnin should equal the total in should equal the total in question 6.question 6. a. RACE ETHNICITY b. RACE ETHNICITY /HISPANIC /HISPANIC White 0 0 White 0 0 Black/African American 0 0 BlacktAfrican American 0 0 Asian 0 0 Asian 0 0 American Indian/Alaska Native 0 0 American Indian/Alaska 0 0 Native Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific 0 0 Islander BlacktAfrican American & White 0 0 Black/African American & 0 0 White American Indian/Alaska Native & 0 0 American Indian/Alaska 0 0 Black/African American Native & Black/African American Other Multi -racial 0 0 Other Multi -racial 0 0 0 0 0 0 I hereby certify the above information is true and accurate. Name: Signature: Title: our tvaed name here rearesents your electronic sil=_natm•e LEGAL AID SERVICES OF COLLIER COUNN, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS22-03 Legal Services to Victims Page 43 a•n: Community Development Block Grant (CDBG) Leveraged Funds Report Leveraged Funds must be identified, hacked, and verifiable. Resources must be fully identified and described as submitted with SUBRECIPIENT's application. Subrecipient Name: Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Servicc of Collier County Report Period: Fiscal Year: Contract Number: PS22-03 Program: Legal Services to Victims Contact Name: Contact Number: Leveraged Funds See EXAMPLE below for how to complete this form. Source Amount Type Use Total Project Cost Ratio: EXAMPLE Source Amount Type Use CDBG $Ipo0 000 Other Federal Funds Land Acquisition HOME $870,000 Federal Funds Infrastructure Private Donation $1,200,000 Cash & In -Kind Infrastructure Philanthropic $3,5005000 Cash — local funds 52 units Affordable Housing Total Project Cost $695709000 Ratio: $1 Federal Dollar $2.51 Local Funds [Signatm•e Page to FollorvJ LEGAL AID SERVICES OF COLLIER COUN7V, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY PS22-03 Legal Services to Victims Page 44 NII I hereby certify the above information is true and accurate. Signature: Date: Printed Name: Title: Your typed name here represents vour electronic sienature. LEGAL AID SERVICES OF COLLIER COUNiY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNN PS22-03 Legal Services to Victims Page 4S Ctt INCOME CERTIFICATION INSTRUCTIONS Complete this form and retain appropriate supporting documentation proving CDBG assistance to an eligible beneficiary. Please retain in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names —All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 0,00 Total Cash Value of Assets B(a) 0,00 Total Income from Assets B(b) 0.00 If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave blank. B(c) LEGAL AID SERVICES OF COLLIER COUNN, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNN P522-03 Legal Services to Victims Page 46 & C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages / Salaries (include tips, commissions, bonuses, and overtime) Benefits / Pensions Public Assistance Other Income Asset Income (Enter the greater of box B(b) or 1 box B(c), 2 above, in 3 box C(e) 4 below) 5 6 7 8 Totals (a) (b) (c) (d) (e) 0,00 0,00 0,00 0.00 Enter total of items C(a) through C(e). This amount is the Annual Anticipated Household Income. 0.00 D. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. Uwe have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. I/we certify that the statements are true and complete to the best of my/our knowledge and belief, and ate given under penalty of pet jury. WARNING: Florida Statutes Chapter 817, U.S.C. § 1001 and 31 U.S.0 § 3729 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 Sections 775.082 and 775.083, Florida Statutes, 31 U.S.C. 3729 - False claims - Document in Context - USCODE-2010-title3l-subtiticlll-chap37-subchapIII-sec3729 (govinfo gov) Signature of Head of Household Date Signahu c of Spouse or Co -Head of Household Date Adult Household Member (if applicable) Adult Household Member (if applicable) Date Date LEGAL AID SERVICES OF COLLIER COUNTY, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY P522-03 Legal Services to Victims Page 47 ,Ate E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s) constitute(s) a: ❑ Extremely Low -Income (ELI) Household means and individual or family whose annual income does not exceed 30/501" of the Very Low -Income (60 percent of VLI) percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ Very Low -Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ Low -Income (LI) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Based on the (year) income limits for the Naples -Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Printed Name F. Household Data Title Date Number of Persons Bv Race / Ethnicitv Bv ALYe American Native Other Indian Asian Black Hawaiian White 0 —25 26 —40 41 —61 62+ or Other Pac, Hispanic Non- Hispani NOTE: Information concerning the race or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information, and refusal to give such information Pill not affect any right he or she has to the CDBG program. LEGAL AID SERVICES OF COLLIER COUNT/, INC. D/B/A LEGAL AID SERVICE OF COLLIER COUNTY P522-03 Legal Services to Victims Page 48 CAn EXHIBIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding the organization's compliance. In determining Federal awards expended in a fiscal year, the subrecipient must consider all sources of Federal awards, based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Namrecipient Legal Aid Service of Broward County, Inc. d/b/a Legal Aid Service of Collier County First Date of Fiscal Year D Last Date of Fiscal Year D 01/01/2022 12/31/2022 Total Federal Financial Assistance Expended during 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 ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we understand that the audit report contains ❑ a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title LEGAL AID SERVICES OF COLLIER COUNTY, INC. D/R/A LEGAL AID SERVICE OF COLLIER COUNN P522-03 Legal services to Victims Page 49 Cp�� FAIN # B-22-UC42-0016 Federal Award Date Est, 10/2022 Federal Award Agency HUD 'FDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded $83,709.60 Subrecipient Name Housing Development Corporation of SW Florida, Inc. d/b/a HELP TEN J3YVCLMWVKM7 FEIN 38-3695928 R&D NA Indirect Cost Rate NA PeriodofPerformance 10/l/2022-9/30/2023 Fiscal Year End 12/31 Monitor End: 1 12/2023 AGREEMENT BETWEEN COLLIER COUNTY AND HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. d/b/a/ HELP CDBG Grant Program — Public Services THIS AGREEMENT is made and entered into this _day of 2022, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY") having its principal address at 3339 Tamiami Trail East, Naples FL 34112, and Housing Development Corporation of SW Florida, Inc. d/b/a HELP ("SUBRECIPIENT"), a private non-profit organization having its principal office at 3200 Bailey Lane, Suite 109, Naples, FL 34105. WHEREAS, the COUNTY has entered into an Agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the Board of County Commissioners of Collier County ("Board") approved the Collier County Consolidated Plan— One-year Action Plan for Federal Fiscal Year 2022-2023 for the CDBG Program with Resolution on — Agenda Item ; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the COUNTY advertised the 2022-2023 Annual Action Plan, on , with a 30-day Citizen Comment period from to ; and Housing Development Corporation of SW Florida, Inc. d/b/a HELP P522-04 Nome Buyer Academy Page 1 O G�' WHEREAS, the SUBRECIPIENT has submitted a proposal for participation in the Collier County CDBG program; and WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in undertaking the CDBG project — (PS22-04) Home Buyer Academy, NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART SCOPE OF WORK SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: Home Buyer Academy Description of project and outcome: CHS as an administr•ator.of the CDBG program will make available CDBG FY 2022-2023 funds up to the gross amount of $83,709.60 to Housing Development Corporation of SW Florida, Inc. to be used for comprehensive home -buying education and counseling for low- to moderate -income persons and families. Activities offered tluough this program may include but are not limited to education workshops, individual counseling, review of the credit reports, creation of a budget and spending plans, and any other related education and counseling services. Project Component One: Payroll for• staff to deliver comprehensive home -buying education and counseling services. 1.1 GRANT AND SPECIAL CONDITIONS A. SUBRECIPIENT must submit the following resolutions and policies to the COUNTY within sixty (60) days of execution of this Agreement: ® Affirmative Fair Housing Policy ® Affirmative Action/Equal Opportunity Policy ® Conflict of Interest Policy (COI) and related COI Forms ❑ Procurement Policy ❑ Uniform Relocation Act (URA) Policy ® Sexual Harassment Policy ❑ Section 3 Policy ® Section 504/ADA Policy Housing Development Corporation of SW Florida, Inc, dN/a HELP P522-04 Home Buyer Academy Paget O G�' ® Fraud, Waste, and Abuse Policy ® Language Assistance and Planning Policy (LAP) ® Limited English Proficiency Policy (LEP) ® Violence Against Women Act (VAWA) Policy ® LGBTQ Policy B. Environmental Review Requirement (ERR) —This Agreement does not constitute a commitment of Funds or site approval. The commitment of Funds or site approval may occur only upon satisfactory completion of environmental review and either (i) the determination that the project is Exempt or (ii) the COUNTY's receipt of an approved request for release of funds and certification from HUD, under 24 CFR Part 58. The provision of any funds to the project is conditioned on the COUNTY's determination to proceed with, modify, or cancel the project based on the results of the environmental review. No program costs can be incurred until an environmental review of the project is completed and approved by the COUNTY. Further, SUBRECIPIENT will not undertake any activity or commit any Funds prior to CHS issuing the Notice to Proceed (NTP) letter. Violation of this provision may result.in the termination of this subaward and/or the denial of any reimbursement of funds under this Agreement. Annual Subrecipient Training —All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement shall attend the CHS- sponsored Annual SUBRECIPIENT Fair Housing training, except those who attended the training in the previous year. In addition, at least one staff member shall attend all other CHS-offered SUBRECIPIENT training, relevant to the Project, as determined by the Grants Coordinator, not to exceed four (4) sessions. Requests for exemption, under this special condition, must be submitted to the Grant Coordinator, in writing, at least 14 days, prior to the training. C. Limited English Proficiency —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 persons") 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 HUD 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. Housing Development Corporation ofSW Florida, Inc. d/b/a HELP P522-04 Home BuyerAcademy Page 3 G�' O 1.2 PROJECT DETAILS A. Prole atDescription/ProjectBudget Description Federal Amount Project Component 1: Payroll for staff to deliver comprehensive home -buying education and counseling services. $83,709.60 Total Federal Funds: $83 709.60 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, Leveraged Funds, and project progress ® Ensure attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS ❑ Ensure attendance by SUBRECIPIENT and General Contractor at Pre -Construction meetings, prior to SUBBRECIPIENT issuance of Notice to Proceed (NTP) to contractor ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation ❑ Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Submit Change Orders for CHS approval prior to SUBRECIPIENT authorizing work ❑ Comply with Davis -Bacon Labor Standards ❑ Comply with Section 3 and maintain documentation ❑ Provide weekly certified payroll throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act (URA), if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible ❑ . Ensure the applicable continued use period for the project is met B. National Objective The CDBG program funds awarded to Collier County must benefit low- to moderate -income persons (LMI). As such, SUBRECIPIENT shall ensure that all activities and beneficiaries meet the definition of: ❑ LMA — Low/Mod Area Benefit ® LMC — Low/Mod Clientele Benefit ❑ LMH— Low/Mod Housing Benefit ❑ LMJ—Low/Mod Job Benefit Housing Development Corporation of SW Florida, Inc. d/b/a HELP PS22-04 Home Buyer Academy Page 4 0 G�' LMA: Must document where at least 51 percent of the residents are LMI persons, based on HUD determined eligible census tracts. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMC: Must document that at least 51 percent of persons served, are low- to moderate - income persons or households, in order to meet a CDBG National Objective. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must contain at least 51 percent occupied by LMI households, and structures with less than three units must be occupied by 100 percent LMI households. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMJ: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 percent of which (computed on a full-time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Insurance Insurance Certificate Within 30 days of Agreement execution and Annually upon expiration date Special Grant Condition Policies Policies as stated in this Within sixty (60) days of SectionLI Agreement Agreement execution Detailed Project Schedule Project Schedule Not Applicable Project Plans and Specifications Site Plans and Specifications Not Applicable Procurement Documents (Bid Independent Cost Estimate, Not Applicable Packet) * Method of Procurement, Bid Advertisement, Solicitation Packet Subcontractor Log Subcontractor Log Not Applicable Quarterly Progress Report Exhibit C 1. Quarterly reports within 10 days following the quarter end 2. Final report upon submission of the final pay request in Neighborly Leverage Funds Report Exhibit C-1 1. Quarterly, within 10 days following the quarter end 2. Final report upon submission of the final pay request in Neighborly Davis -Bacon Act Certified Weekly Certified Payroll Not Applicable Payroll reports, forms, and supporting documentation Housing Development Corporation of SW Florida, Inc. d/b/a HELP P522-04 Home Buyer Academy Page 5 f O V� Audit Monitoring Report- Exhibit E Bi-annual submission within 60 BiAnnual days of applicable fiscal year end Financial and Compliance Audit Audit, Management Letter, and Annual submission of Form 990 Supporting Documentation and Bi-annual submission of financial audit within 180 days of applicable fiscal year end Continued Use Certification Continued Use Affidavit, if Not Applicable applicable Capital Needs Assessment Plan Plana roved b the COUNTY Not Applicable Program Income Reuse Plan Plan Approved by the COUNTY Not Applicable SUBRECIPIENT's Notice to Proceed may be withheld if procurement deliverables are not submitted in a timely manner, as stated in Section 1.2.C, Performance Deliverables. SUBRECIPIENT must submit to the COUNTY, for approval, all Change Orders required during the project. Failure to submit Change Orders in a timely manner, may result in delay or withholding of payment, as well as a cease work order until all change orders have been reviewed and approved, aI which time a new Notice to Proceed will be issued. D. Payment Deliverables Pa ment Deliverable Pa ment Su ortin Documentation Submission Schedule Project Component 1: Payroll for Submission of supporting documents Submission of staff to deliver comprehensive must be provided as backup, as evidenced monthly payment home -buying education and by invoice, timecards, payroll requests, within 30 counseling services. registerstsummary, canceled checks or days of the prior banking documents, Exhibit B, and any month, other additional documentation as requested. 10% retainage will be withheld from each payment request. Final 10 percent of award amount will be paid upon completion of final monitoring clearance and documentation of meeting the National Objective. SUBRECIPIENT'S failure to achieve the National Objective will require repayment of the CDBG investment under this Agreement. 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall begin on October 1, 2022 and shall end on September 30, 2023. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to SUBRECIPIENT. Housing Development Corporation of SW Florida, Inc. d/b/a HELP P522-04 Home Buyer Academy Page 6 f O VN 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available ONE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($83,709.60) for use by SUBRECIPIENT, during the term of the Agreement (hereinafter, shall be referred to as the Funds). Modification to the Budget and Scope may only be made if approved in advance. Budgeted Fund shifts among line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only be made with Board of County Commissioners (Board) approval. The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks, as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of CDBG Funds until fundsare needed for eligible costs; and all disbursement requests must be limited to the amount needed at the time ofthe request. SUBRECIPIENT may expend Funds only for allowable costs resulting from obligations incurred during the term of this Agreement. Invoices for work performed are required every month. If no work has been performed during the month, or if SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is required. Explanations are required if two consecutive months of $0 invoices are submitted. Payments shall be made to SUBRECIPIENT when requested as work progresses, but not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. The COUNTY will pay SUBRECIPIENT Funds available under this Agreement based on information submitted by SUBRECIPIENT and consistent with any approved budget and COUNTY policies concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by SUBRECIPIENT, not to exceed actual cash requirements. Payments will be adjusted by CHS in accordance with advance Funds and program income balances available in SUBRECIPIENT accounts. In addition, The COUNTY reserves the right to liquidate Funds available under this Agreement for costs incurred by The COUNTY on behalf of SUBRECIPIENT. Final invoices are due no later than 90 days after the end of the Agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements, including timely submission of Performance Deliverables contained in Section 1.2.C. Late submission of deliverables or evidence of proieet inactivity 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 sections 218.70- 218.80, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Housing Development Corporation of SW Florida, Ina d/b/a HELP PS22-04 Home Buyer Academy Pagel O G�' IOD LEVERAGE FUNDS Leveraged funds must be identified, tracked, and verifiable in the SUBRECIPIENT's records. Resources must be fully identified and described in the Agreement and approved budget submitted with the application. Resources must also meet the following criteria to be allowable as leverage: a. Expenditures of leveraged funds or resources are permitted only for eligible activities and allowable costs under the cost principles specified by the OMB Circulars referenced in this Agreement. Expenditures must be necessary and reasonable for proper and efficient accomplishments of project or program objectives. b. Leveraged resources committed on one project may not be used as leverage or match for any other project or program. c. Leveraged resources must represent newly created resources covering expenditures that would not be incurred if the award were not made. d. Leveraged resources may not be Federal funds under a different award, except where Federal statute allows their use for cost sharing (such as the Community Development Block Grant program). e. Third -party cash or in -kind contributions offered. as leverage require a commitment letter on company letterhead signed by the individual who is in a position to commit the in -kind contribution. The contribution is only allowable if not utilized towards matching dollars. 1.6 COST PRINCIPLES Payments to SUBRECIPIENT are governed by the Fedeml grant management rules for cost allowability, found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.6-Cost Principles) ofthis Agreement, SUBRECIPIENT is defined as described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed specifically to the project(s) 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 Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles. SUBRECIPIENT is not subject to 2 CFR Subpart E, however, the COUNTY is and may impose requirements upon SUBRECIPIENT to remain compliant with COUNTY's obligation to follow 2 CFR Subpart E. 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. 1.7 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and Housing Development Corporation of SW Florida, Inc. d/b/a HELP P522-04 Home Buyer Academy Page 8 0 G�' 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: TBD, Grant Coordinator Collier County Government Community and Human Services Division 3339 Tamiami Trail East, Suite 213 Naples, Florida 34112 Email: Telephone: SUBRECIPIENT ATTENTION: Michael Puchalia, Executive Director Housing Development Corporation of SW Florida, Inc. d/b/a HELP 3200 Bailey Lane, Suite 109 Naples, Florida 34105 Email: michael@collierhousing.com Telephone: (239) 434-2397 Remainder of Page Lrtentionally Left Blanlz Housing Development Corporation orSW Florida, Inc. d/b/a HELP P522-04 Home auyerAcademy Page 9 AO c r' PART II GRANTCONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit all records, documentation, and any other data relating to all matters covered by the Agreement. SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its receipt of the report. SUBRECIPIENT'S failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy conceming Subrecipient audits and 2 CFR 200.501 Federal Award amounts expended shall be determined in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements, 2.2 RECORDS AND DOCUMENTATION SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to determine compliance with the requirements of this Agreement, the CDBG Program, and all other applicable laws and regulations. This documentation shall include but is not limited to, the following: A. All records required by CDBG regulations. B. SUBRECIPIENT shall create and maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform the service. C. SUBRECIPIENT shall make available to the COUNTY or OHS at any time upon request, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of Funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail to properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. Housing Development Corporation of SW Florida, Inc. dMe HELP P522-04 Home auyerAwdemy Page le �O V D. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for three (3) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200,3342 24CFR 570,493 and 24 CFR 570.502(a)(7)(ii). However, if any litigation, claim, or audit is started before the expiration date of the three (3) year period, SUBRECIPIENT will maintain the records until all litigation, claim, or audit findings involving these records are resolved. If SUBRECIPIENT ceases to exist after the closeout of this Agreement, it shall notify the COUNTY in writing, of the address where the records are to be kept, as outlined in 2 CFR 200.337. SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in SUBRECIPIENT'S possession upon termination 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 SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, IT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239452-26799 Michael.Brownleeo.colliercountvfl.eov, 3299 Tamiami Trail E, Naples FL 34112. E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of 1931, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, SUBRECIPIENT shall maintain records showing compliance with Federal purchasing requirements and other Federal requirements for grant implementation. F. SUBRECIPIENT is responsible for the creation and maintenance of income eligible files on clients selved, and documentation that all households are eligible under HUD Income Guidelines. SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT'S compliance. G. SUBRECIPIENT shall document how it complied with the National Objective(s) as defined in 24 CFR 570.208, and the eligibility requirements) under which Funding has been received. This includes special requirements, such as necessary and appropriate determinations as defined in 24 CFR 570.208, income certification, and written agreements with beneficiaries, where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records, and at a cost that does not Housing Development Corporation of SW Florida, Inc. d/b/a HELP P522-04 Home Buyer Academy Page 11 GO �' 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 fiom public records disclosure requirements are not disclosed, except as authorized by 2 CFR 200,337 and 2 CFR 200,3384 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 fewer than one (1) annual on -site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. Upon request by CHS, SUBRECIPIENT shall submit information and status reports required by CHS or HUD, to enable CHS to evaluate said progress and allow for completion of required reports. SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. COUNTY will monitor SUBRECIPIENT'S performance in an attempt to mitigate fraud, waste, abuse, or nonperformance, 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 SUBRECIPIENT does not take corrective action 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 control systems and procedures necessary to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and to provide proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT'S internal control systems and all transactions and other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the performance of this Agreement. Housing Development Corporation of SW Fbrida, Inc. d/b/a HELP P522-04 Home Buyer Academy Page 12 O G�' SUBRECIPIENT shall fully cooperate with COUN I i a efforts to detect, investigate, and prevent and, 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 the COUNTY issuing Findings or Concerns to the SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action plan to CHS within 10 business days following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to SUBRECIPIENT, as needed, in order to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely manner, the COUNTY may require a portion of the awarded grant funds to be returned to the COUNTY. CHS may require SUBRECIPIENT to return upwards of 5 percent of the award amount to the COUNTY, at the discretion of the Board. SUBRECIPIENT may be denied future consideration, as set forth in Resolution No. 2013-228. 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 that a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed, be returned to the COUNTY. Housing Development Corporation of SW Florida, Inc. d/b/a HELP P522-04 Home BuyerAcademy Page 13 O G�' • CHS may require SUBRECIPIENT to return upwards of 10 percent of the award amount to the COUNTY, at the discretion of the Board. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. 4. If after repeated notification, SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend termination of the Agreement or award. CHS will make a recommendation to the Board to immediately terminate the Agreement. SUBRECIPIENT will be required to repay all Funds disbursed by AS for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. 2.6 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. Reports showing lack of project activity may result in withholding of payment or issuance of a Notice of Noncompliance. During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 1 Oth day of January, April, July, and October, respectively, for the prior quarter period end. As part of the report submitted in October, SUBRECIPIENT agrees to include a comprehensive final report covering the agreed -upon Program objectives, activities, and expenditures including but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit C, which contains an example reporting form to be used in fulfillment of this requirement. Additionally, all leveraged funds utilized in support of this project will be submitted on Exhibit C-I as part of the final report. Other reporting requirements may be required by the County Manager or designee if the Program changes, the need for additional information or documentation arises, and/or if 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. Housing Development Corporation ofSW Florida, Inc. d/b/a HELP P522-04 Home Buyer Academy Page 14 f W PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. SUBRECIPIENT shall cause all provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. 3.2 GENERAL COMPLIANCE SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants), including subpart K of these regulations, except that (1) SUBRECIPIENT does not assume the COUNTY'S environmental responsibilities described in 24 CFR 570.604; (2) SUBRECIPIENT does not assume the COUNTY'S responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) SUBRECIPIENT is required to follow the Federal procurement process; and (4) for Developers, revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. SUBRECIPIENT also agrees to comply with all other applicable laws, regulations, and policies governing the Funds provided under this Agreement. SUBRECIPIENT her agrees to utilize Funds available under this Agreement to supplement rather than supplant funds otherwise available. SUBRECIPIENT is prohibited from using Funds provided herein, or personnel employed in the administration of the program for political activities, inherently religious activities, lobbying, political patronage, and nepotism activities. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shal► be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. SUBRECIPIENT shall always remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance, as the SUBRECIPIENT is independent from the COUNTY. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such amendments make specific reference to this Agreement, are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY'S Board. Such }lousing Development Corporation of SW Florida, Inc. d/b/e HELP P522-04 Home Buyer Academy Page 15 W G amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or Local governmental guidelines, policies, available funding amounts, or for other reasons. If such amendments result in a change in the funding, scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from HUD CDBG grant funds and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing the CDBG Funds pertaining to this Agreement. In the event of curtailment or non -production of said Federal Funds, or the reduction of Funds awarded by HUD to the COUNTY, to a level that the County Manager determines to be insufficient to adequately administer the project, the financial resources necessary to continue to pay SUBRECIPIENT all or any portion ofthe Funds will not be available. In either event, the COUNTY mBy terminate this Agreement, which shall be effective as of the date that it is determined by the County Manager or designee, in his/her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, SUBRECIPIENT shall indemnify and hold harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action, which may arise out of an act or omission including but not limited to, reasonable attorneys' and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies, which otherwise may be available to an indemnified party or person described in this paragraph. SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith, shall defend all suits in the name of the COUNTY, and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in section 768.28, Florida Statutes. This section shall survive the expiration or termination of this Agreement. Housing Development Corporation of SW Florida, Inc, d/b/a HELP P622-04 Home Buyer Academy as 16 0 G�' 3.7 GRANTEE RECOGNITION/SPONSORSHIPS SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of program sponsorships research reports and similar public notices whether printed or digitally prepared and released by SUBRECIPIENT for on behalf of and/or about the Proms shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of SUBRECIPIENT. This design concept is intended to disseminate key information to the general public regarding the development team, as well as Equal Housing Opportunity. Construction signs shall comply with applicable COUNTY codes. If this Agreement results in any copyrightable material or inventions, CHS and/or the COUNTY reserve the right to royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use; and to authorize others to use the work or materials for governmental purposes. 3.8 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.341, this Agreement may be terminated for convenience by either the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and in the case of partial terminations, the portion to be terminated. However, in the case of a partial termination, if the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. This Agreement may also be terminated by the COUNTY, if the award no longer effectuates the program goals or grantor agency priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement, in compliance with 2 CFR 200, Appendix II (A): A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as may become applicable at any time. B. Failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner. C. Ineffective or improper use of Funds provided under this Agreement. D. Submission of reports to the COUNTY that are incorrect or incomplete in any material respect. Housing Development Corporation ofSW Florida, Gtc. d/b/n HELP P522-04 Home Buyer Academy Page 17 O C E. Submission of any false certification. F. SUBRECIPIENT'S failure to materially comply with any terms of this Agreement. G. Failure to materially comply with the terms of any other agreement between the COUNTY and SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any combination of one or more of the following remedies, in compliance with 2 CFR 200, Appendix II (B): A. Require specific performance of the Agreement in whole or in part. B. Require the use of, or change in, professional property management, if applicable. C. Require SUBRECIPIENT to immediately repay to the COUNTY all CDBG funds received under this Agreement. D. Apply sanctions, if COUNTY determines them to be applicable. E. Stop all payments until identified deficiencies are corrected. F. Terminate this Agreement by giving written notice to SUBRECIPIENT specifying the effective date of such termination. If the Agreement is terminated by the COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. 3.9 SUSPENSION AND DEBARMENT SUBRECIPIENT certifies that neither it, nor its principals, are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from paz4icipation in this fransaction by a Federal Department or agency; and that SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, as outlined in Executive Orders 12549 (1986) and 12689 (1989), Suspension and Debarment, and 2 CFR 200.214, as further detailed in Section 4.18. 3.10 REVERSION OF ASSETS In the event of Agreement termination, in addition to any and all other remedies available to the COUNTY (whether under this Agreement, at law, or in equity), SUBRECIPIENT shall, at the time of termination (or expiration), immediately transfer to the COUNTY any property on hand and any accounts receivable attributable to the use of CDBG funds, per 24 CFR 570.503(b)(7). Housing Development Corporation of SW Florida, Inc. d/b/a HELP P522-04 Home BuyerAw emy Page 18 CP r The COUNT i a receipt of any Funds on hand at the time of termination shall not waive the COUNTY'S right (nor excuse SUBRECIPIENT'S obligation) to recoup all or any portion of the Funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200,311 and as otherwise provided at 24 CFR 570.503(b)(7). All program assets (unexpended program income, property, equipment, etc.) shall revert to CHS upon termination of this Agreement. 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said insurance shall be carried continuously during SUBRECIPIENT'S performance under the Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the Federal Regulations for the Community Development Block Grant (24 CFR 570 et seq.). 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through 200327) and Collier County Procurement Ordinance #2017-08, as amended. Current purchasing thresholds are: Ran e: Com etition Re aired $0 - $50,000 3 Written Quotes $5Q001+ Formal Solicitation QTB, RFP, etc. All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT employeesI or put out to competitive bidding under a procedure acceptable to COUNTY and Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest, responsible, and qualified bidder. SUBRECIPIENT shall manage and CHS shall monitor contract administration. CHS shall have access to all records and documents related to the Project. In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall provide a preference for• the purchase, acquisition, or use of goods, products, or materials produced in the United States. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II (.1) and 2 CFR 200.323. Housing Development Corporation of SW Florida, Inc. d/b/a HELP P522-04 Home Buyer Academy Page 19 f O VN 3.14 PROGRAM GENERATED INCOME No Program Income is anticipated. However, if Program Income is derived from the use of CDBG Funds disbursed under this Agreement, such Program Income shall be utilized by SUBRECIPIENT oIlly for CDBG-eligible activities approved by the COUNTY. Any Program Income (as such term is defined under applicable Federal regulations) gained from any SUBRECIPIENT activity funded by CDBG Funds shall be reported to the COUNTY through an annual Program Income Reuse Plan, utilized by SUBRECIPIENT accordingly, and shall comply with 2 CFR 200.307, 24 CFR parts 570.489 and 570.500, and 24 CFR 570.504 in the operation of the Program. When Program Income is generated by an activity that is only partially assisted by CDBG Funds, the income shall be prorated to reflect the percentage of CDBG Funds used. If there is a Program Income balance at the end of the Program Year, such balance shall revert to the COUNTY's Community Block Grant Program, for further reallocation. 3.15 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT'S obligation to the COUNTY shall not end until all closeout requirements are completed. SUBRECIPIENT may close out the project with the COUNTY after the expiration of the Agreement. Activities during this closeout period shall include, but are not limited to making final payments; disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY); and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that SUBRECIPIENT has control over CDBG Funds, including program income. In addition to the records retention outlined in section 2.2 (Records and Documentation) of this Agreement, SUBRECIPIENT shall comply with section 119.021, Florida Statutes, regarding records maintenance, preservation, and retention. A conflict between State and Federal records retention requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. Any balance of unobligated Funds that have been advanced or paid must be returned to the COUNTY. Any Funds paid exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information complying with section 215.97, Florida Statutes, the 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 SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement based on race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower -income residents of the project areas shall be given opportunities for training and employment. Also, to the greatest extent practicable, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be Housing 1levelopment Corporation of SW Florida, Inc. d/bla HELP P522-04 Home Buyer Academy Page 20 AO G awarded contracts in connection with the project. SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS SUBRECIPIENT will use its best efforts to afford small businesses and minority and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and "minority and women's business enterprise" means a business that is at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Black Americans, Hispanic Americans , Asian/PacificAmericans, Native Americans, and Hasidic Jews. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and women's business enterprises, in lieu of an independent investigation. 3.18 PROGRAM BENEFICIARIES If the Agreement is meeting a National Objective through an LMI strategy, at least 51 percent of the beneficiaries of a project Funded through this Agreement must be low- and moderate -income persons, or presumed to be low- to moderate -income persons based on applicable regulation. Determination of income eligibility is based on the annual income of the family or household. This Agreement conforms to the definition of Annual Income, per 24 CFR 570.3(t)(i), where Annual income is defined under the Section 8 Housing Assistance Payments. Details for calculating the Annual Income are contained in 24 CFR 5.609, with practical instructions contained in HUD Handbook 4350.3, Chapter 5. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than 30 percent of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the COUNTY's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit C of this Agreement. 3.19 AFFIRMATIVE ACTION SUBRECIPIENT agrees that it is committed to carrying 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. Prior to the award of funds, SUBRECIPIENT shall submit for approval a plan for an Affirmative Action Program. The Affirmative Action Program must be updated throughout the continued use period and submitted to the COUNTY within 60 days of any update/modification. SUBRECIPIENT contracting officer will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or worker's representative of the Housing Development Corporation ofSW Plorida, hm. d/b/a HELP PS22-04 Home Buyer Academy Page 21 G�' O SUBRECIPIENT's commitments hereunder; and shall post copies of the notice in conspicuous places available to all employees and applicants for employment. 3.20 CONFLICT OF INTEREST SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement; and that no person having any conflict of interest shall be employed or subcontracted by SUBRECIPIENT. SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest," 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. 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 SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT'S ability to self -manage the projects using its own employees. Any possible conflict of interest on the part of SUBRECIPIENT, its employees, or its contractors shall be disclosed to CHS in writing, provided however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low- and moderate -income residents of the project target area. 3.21 BYRD ANTI -LOBBYING AMENDMENT Each tier certifies that the tier above it will not, and has not, used Federally appropriated funds to pay any person or organization for influencing or attempting to influence the award of Federal funds, as covered by 31 USC 1352, and more fully described in Section 4.54 of this Agreement. Contractors who apply or bid for an award of $100,000 or more shall file the required certification. 3.22 RELIGIOUS ORGANIZATIONS CDBG Funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.200(j). SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment and will not limit employment or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services and will not limit such services or give preference to persons based on religion. Housing Development Corporation of SW Florida, Inc. d/b/a HELP P522-04 Home Buyer Academy Page 22 f O V� C. It will retain its independence from Federal, State, and Local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided it does not use direct CDBG Funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. The Funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG Funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities, in accordance with the cost accounting requirements applicable to CDBG Funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. 3.23 INCIDENT REPORTING If SUBRECIPIENT provides services to clients under this Agreement, SUBRECIPIENT and any subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person. 3.24 SEVERABILITY Should any provision of this Agreement be determined unenforceable or invalid, such determination shall not affect the validity or enforceability of any other section or part thereof. 3.25 MISCELLANEOUS SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. SUBRECIPIENT represents and warrants that the financial data, reports, and other information it furnished to the COUNTY regarding the Project are accurate and complete, and financial disclosures fairly represent the financial position of SUBRECIPIENT. SUBRECIPIENT understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the COUNTY's or SUBRECIPIENT's responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service and, in case of a minor, that of a responsible parent(guardian. SUBRECIPIENT certifies that it has the legal authority to receive the Funds under this Agreement aLid its governing body has authorized the execution and acceptance of this Agreement. The SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind SUBRECIPIENT to the terms of this Agreement. The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida, without giving effect to its provisions regarding choice of laws. Housing Development Corporation of SW Florida, Inc. d/b/a HELP P522--04 Home BuyerAcademy Page 23 O G�' All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all applicable Federal, State, and Municipal laws, ordinances, regulations, orders, and guidelines, including but not limited to any applicable regulations issued by HUD. Electronic Signatures. This Agreement, and related documents entered into in connection with this Agreement, are signed when a party's signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. 3.26 WAIVER The COUNTY's failure to act with respect to a breach by SUBRECIPIENT does not waive its right to act with respect to subsequent or similar breaches. The COUNTY' S failure to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. Remainder of Page Intentionally Left Blank Housing Ikvelopmen[ Corporation of S W Florida, Inc. d/b/a HELP P522-04 Home BuyerAwdemy Page 24 O G� PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program https•//www.ecfr.gov/cai-bin/text-idx?tpl=/ecfrbrowse/Title24/24cfr570 main 02.121 4.2 24 CFR 58 -The regulations prescribing the Environmental Review procedure. httus://www.eefr.gov/cgi-bin/text- idx?SID=1 acdb92t3b05c3f285dd76c26d 14f54e&mc--true&node=pt24.1.58 &rgn=div5 Resource Conservation and Recovery Act (RCRA). Under RCRA codified at 42 USC 6962, state and local institutions of higher education, hospitals, and non-profit organizations that receive direct Federal awards or other Federal Funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to the EPA guidelines. Summary of the Resource Conservation and Recovery Act I US EPA 4.3 Hatch Act: The SUBRECIPIENT shall comply with the Hatch Act, 5 USC 1501-1508 and shall ensure that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 Title V of the USC Federal Register: Political Activity -State or Local Officers or Employees: Federal Employees Residing in Designated Localities: Federal Employees 4.4 Section 104(d) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended Section 109 of the HCD Act of 19741 HUD.gov / U.S. Department of Housing and Urban Development (HUD) Section 104(d) of the Housing and Community Development Act of 1974, as amended (see 42 USC 53041d)) -HUD Exchange 4.5 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. https://www.hud. ov/sites/documenTS/DGC 7771.PDF hups://www.iustice.gov/crt/fair-housing-act-I Executive Order 11063 — Equal Opportunity in Housing https://www.archives.gov/federal- reeister/codification/executive-order/ 11063.html Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs https•//www archives gov/federal-register/Codifcation/executive-order/12259.htmi 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O. https://www.law.comell.edu/cfr/textt24/part-107 4.6 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 4.7 This Agreement is subject to 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other h•ansfer of land acquired, cleared, or improved with assistance provided under this Agreement, Housing Development Corporation of SW Florida, Inc. d/b/a HELP PS22-04 Home Buyer Academy Page 25 f Q V� SUBRECIPIENT shall cause or require a covenant running with the land to be inserted in the new or lease of such transfer, prohibiting discrimination herein as defined, in the sale, lease, or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the COUNTY and the United States are beneficiaries of and entitled to enforce such covenants. SUBRECIPIENT, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4.8 The Temporary Assistance for Needy Families Program (TANF) 45 CFR Parts 260-265, the Social Services Block Grant 42 ISC 1397d and other applicable federal regulations and policies promulgated thereunder. Temporary Assistance for Needy Families I Benefits.eov eCFR: 45 CFR Part 260 -- General Temporary Assistance for Needy Families (TANF) Provisions The Pro -Children Act: Contractor agrees to comply with the Pro -Children Act of 1994, 20 USC 6083. Pro -Children Act Of 19941 Legislation I US Encyclopedia of law Qawi.us) 4.9 Public Announcements and Advertising: When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs Funded in whole or in part with Federal money, SUBRECIPIENT shall clearly state (1) the percentage of the total costs of the program or project which will be financed with Federal money, (2) the dollar amount of Federal funds for the project or program, and (3) percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources. 4.10 Purchase of American -Made Equipment and Products: SUBRECIPIENT assures that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Agreement will be American -made. 4.11 24 CFR 570.601 Subpart K -The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing0 https://www. gpo. eov/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-titte24-vol3-sec570- 602Tpdf 4.12 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 -which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https://www.dol.gamiggencies/ofcci)/executive-order- I 1246/aswamended EO 11375 and 12086: see item #8 below 4.13 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for Housing Development Corpom[ion of SW Florida, Inc. d/b/a HELP P522-04 Home Buyer Academy Page 26 O G�' employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission eeoc. ov 4.14 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. 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, 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." Section 3 reauires 25 oercent of the total labor hours must be worked by Section 3 workers and 5 oercent of the total labor hours must be worked by Targeted Section 3 workers. If SUBRECIPIENT is unable to meet these benchmarks, efforts taken to meet the requirements must be described, Examples include held lob fairs, conduct on the iob training, outreach efforts to public housing residents, and connecting residents to supportive services. Section 3 requires 25 percent of the total labor hours must be worked by Section 3 workers and 5 percent of the total labor hours must be worked by Tazgeted Section 3 workers. If the SUBRECIPIENT is unable to meet these benchmarks, efforts taken must be described to meet the requirements. Examples include: held job fairs, conduct on the job training, outreach efforts to public housing residents, and connecting residents to supportive services. SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG-funded project is located; Housing Development Corporation of SW Florida, Inc, d/b/a HELP P522-04 Home Buyer Academy Page 27 0 G�' where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low - very low-income participants in other HUD programs. kttps://www.hud.jzov/sites/documents/DOC 12047.PDF SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. ems://www.ecfr. eov/currentttitle-24/subtitle-A/part-75 4.15 SUBRECIPIENT shall not assign or transfer any interest in this Agreement without the prior written consent of the COUNTY thereto; provided, however, that claims for money due or to become due to SUBRECIPIENT from CHS under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to CHS. 4.16 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107, and 12086. Age Discrimination Act of 1975 https://www.law.comell.edu/uscode/text/42/cbMter-76 11246: his://www.dol.gov/ofcco/reps/statutes/eol1246.htm 11375: Amended by EO 11478 11478: hftps://www.archives.eov/federal-reeister/codification/executive-order/11478.html 12107: httDs•//www archives.eov/federal-register/codification/executive-order/12107.htmI 12086: httos•//www archives gov/federal-register/codification/executive-order/12086.html 4.17 Contract Work Hours and Safety Standards Act, AAUSC 327-332. httos://www.dol.eov/whd/regs/statutes/safe0l .pdf 4.18 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: hops://www.e�a.gov/ocr 29 USC 776: httos://law.onecle.com/uscode/29/776.html 24 CFR 570,614: httos://www.law.comell.edu/cfr/text/24/570.614 4.19 The Americans with Disabilities Act of 1990: h_ptt s://www.hud.pov/hudoroprams/eohudap Housing Development Corporation of SW Florida, Inc. d/b/a HELP P522-04 Home Buyer Academy Page 28 f W V 4.20 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.thwa.dot. ovg /real_estate/unifonn_act/index.cfm 4.21 29 CFR Parts 3 and 5 -Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all construction contracts funded by CDBG. Davis -Bacon Act: 42 USC 276a to 40 USC 276a: https://uscode.house.gov/view.xhtml?req=eranuleid:USC-1999-title40-section276a- 7&num=0&edition=1999 29 CFR Part 3 -Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States https://www.law.comell.edu/cfr/text/29/part-3 29 CFR Part 5 -Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) httDs://www.law.comell.edu/cfr/text/29/part-5 Executive Order 11914 -Prohibits discrimination with respect to the handicapped, in federally assisted projects. https://www.12residency.ucsb.edu/ws/index.p.hp?pid=23675 4.22 As a supplement to the Davis -Bacon Act requirements, the SUBRECIPIENT agrees to comply with the "Copeland Anti -Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or subcontractors from inducing an employee to relinquish any part of his/her compensation, under the federally -funded contract. 18 U.S.C. 874 httos://www. ovt info.gov/content/pke/USCODE-2010-titlel8/pdf/USCODE-2010- titlel8.1? 40 U.S.C. 276c https://uscode.house.gov/view.xhtml?req=amnuleid:USC-1999-title40- section276c&num=0&edition= 1999 4.23 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 -which prescribes goal percentages for• participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. https://www.archives.gov/federal-register/codification/executive-order/i 1625.html 4.24 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act (HCDA) are still applicable. 24 CFR 570.607: Housing Development Corporation of SW Florida, Inc. d/b/a HELP P522-04 Home Buyer Academy Page 29 AO Gr https://www.ecfr.gov/cgi-bin/text- idx7SID=9eae3f8eaa991f041IB83b74003bcbI&mc=true&node=pt24 3 570&rgn=div5#se24 3 5 70 1607 E.O. 13279: htti)://www.fedeovcontracts.comipeO2m96.htm 4.25 Public Law 100-430 -the Fair Housing Amendments Act of 19884 httys://www.ncbi.nlm.nih.i4ov/pubmed/12289709 4.26 2 CFR 200 et seq -Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. httos://www.ecfr.gov/cgi.bin/text-idx?lpl=/ecfrbrowse/TitleO2/2cfr200 main 02191 4.27 2 CFR 200.216 —Prohibition on certain telecommunications and video surveillance services or equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or grant funds to: 1) procure or obtain; 2) extend or renew a contract to procure or obtain; 3) enter into a contract (or extend or renew a contract) to procure or obtain equipments, services, or systems that use(s) covered telecommunications equipment or services as a substantial component of any system, or as critical technology as part of any system. 4.28 Immigration Reform and Control Act of 1986 S.1200 - 99th Congress (1985-1986): Immigration Reform and Control Act of 19861 Congress.gov I Library of Congress 4.29 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 531 L Florida Statutes- https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii Collier County- http://www.colliergov.net/home/showdocument7id=35137 4.30 Order of Precedence - In the event of any conflict between or among the terms of any ofthe Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Conh•act Documents, except that the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.31 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). Horsing Development Corporation of SW Florida, Inc. d/b/z HELP P522-04 Home auyerAcademy Page 30 O CN 4.32 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 section 44.102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court; and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT, Lqs://www.flsenate.goy/Laws/Statutes/2012/440102 4.33 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. https•//www ggvinfo W*ontenUpkg/USCODE- 2010-title42/htm W SCODE-2010-title42-cbap85.htm https•//www.law.comell.edu/useodettext/42/chanter-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. fts://www.govinfo.gov/contenttpkg/USCODE-201 l4itIe33./pdf/USCODE-20I 1-title33- chap26.12df https•//www.law.comell.edu/uscode/text/33/chapter-26 4.34 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. biips://www.law.comell.edu/cfr/text/24/570.605 4.35 SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to the HUD Lead -Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. bMs://www.hudexchange.info/proUams/lead-based-paint/ 4.36 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. nbpaTitle54Dec2016 pdf (ncshpo ore) https•//www achy nov/sites/default/files/regulations/2017-02/regs-rev04.vdf Housing Development Corporation ofSW Florida, inc. d/b/a HELP P522-04 31 Home Buyer Academy Page C'W 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. nhpaTitle54Dec20l6.12df (ncshpo.ore) 4.37 SUBRECIPIENT must certify that it will provide drug -free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). https://www.izpo.eov/fdsys/granule/USCODE-2009-title4l/USCODE-2009-title4l-chap 10- sec701 4.38 SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. httos://www. archives.goy/federal-register/codification/executive-order/ 12549.httnl 4.39 SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200, et seq. 4.40 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, ifthis 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. hnps://www.eefr.gov/cei-bin/text- idx?SID=5a78addefft9a535e83fed3010308aef&mc—true&node=se2.1.200 1344&rgn=div8 Any real property acquired by the SUBRECIPIENT for the purpose of carrying out the projects stated herein and approved by the COUNTY, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within SUBRECIPIENT control, which is acquired or improved, in whole or part, with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 5706505, SUBRECIPIENT agrees to comply with the requirements of 24 CFR 570.606 c governing the Residential Anti -displacement and Relocation Assistance Plan under• section 104(d) of the HCD Housing Development Corporation of SW Florida, Lm, d/b/a HELP P522-04 Home Buyer Academy Page 32 O G�' Act; and the requirements in 24 CFR 570.606 (d) governing optional relocation policies. SUBRECIPIENT shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606 (b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition, or conversion for a CDBG assisted project. SUBRECIPIENT also agrees to comply with applicable COUNTY ordinances, resolutions, and policies concerning the displacement of persons from their residences. hLtt.ps://www.gpo.goy/fdsys/Rranule/CFR-1999wtitle49mvot I/CFR49994itle49-vol t-sec24-101 hM://www ovg info goy/aon/details/CFR-20124itle24-vol3/CFR-2012-title24-vol3-sec570-505 4.41 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. hftp://www.leia.state.fl.us/Statutes/index.cfin?App mode=Display Statute&Search String=&UR L=0200-0299/0287/Sections/0287.133.html 4.42 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.43 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. SUBRECIPIENT shall obtain written approval from CHS for any outside travel outside the metropolitan area with funds provided under this Agreement. https://www.gsa.14ov/portal/content/104877 4.44 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. bnps://www.govregs.com/relzulations/expand/title24 Darts subnartA section5.106 Housing Development Corporation of SW Florida, Inc. d/b/a HELP P522-04 e Pag33 Home Buyer Academy f NV 4.45 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in §5.100, required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. eCFR •• 24 CFR Part 214 Subpart D -- Program Administrationhttps://www.law.comell.edu/cfr/text/24/5.1 11 4.46 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. hnps•//www federalreizister gov/documents/2016/11/16/2016-25888/violence-against-women- reauthorization-act-of-2013-implementation-in-hud-housing=programs 4.47 Any rule or regulation determined to be applicable by HUD. 4.48 Florida Statutes section 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 11 2021, Eligibility determination is not required for continuing employees hired prior to January I,2021, http://www.leg.state.fl.us/statutes/index.cftn?Al2p mode=DisDlav Statute&URL= 0400- 0499/0448/0448.htm1 4.49 Florida Statutes section 713.20, Part 1, Construction Liens Statutes & Constitution •View Statutes : Online Sunshine (state.fl.usl 4.50 Florida Statutes section 119.021 Records Retention Statutes & Constitution •View Statutes :Online Sunshine (state.fl.usl 4.51 Florida Statutes section 119.071, Conn•acts and Public Records htto•//www leg state fl us/Statutes/index cfin?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.071.html 4.52 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 htto://Www.lep.gov. 4.53 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:Hoip mov/aboutlocr/partnerships htm. Discrimination on the basis of religion in employment is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on a case -by -case basis to allow some faith -based organizations to receive HUD funds while taking Housing Development Corporation of SW Florida, Inc. d/b/a HELP P522-04 Home Buyer Academy Page 34 NO G into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights, 4.54 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 htt�s•//oil2gpv/abouttocL/ dfs/UseofConviction Advisorv.ndf for more details. 4.55 Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENT will not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352, Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. 4.56 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds 18 U.S. Code 4 1001 - Statements or entries generally I U.S. Code I US Law I Lli / Legal Information Institute (cornell.edu) Beneficiaries are subject to this False Claims Act that include the following: 31 U.S.C. 3729 -False claims -Document in Context - USCODE-2010-title3l-subtitleIlI-chap37-subchaoIll-sec3729 (govinfo.gov) 31 U.S. Code 4 3729 - False claims I U.S. Code I US Law I LII / Legal Information Institute (comell.edu) 4.57 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. Housing Development Corporation of SW Florida, Inc. d/Ir/a HELP P522-04 Home Buyer Academy Page 35 W G 4.58 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. 4.59 Trafficking in Persons: The aUBRECIPIENT 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•//oiD eov/funding/Explore/ProhibitedConduct-Trafficking.htm, 4.60 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of OJP. 4.61 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under this funding agreement, the SUBRECIPIENT must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Busines Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by HUD. =PART&t�HTML ENTIRE AGREEMENT This Agreement constitutes the entire agreement between COUNTY and SUBRECIPIENT for the use of Funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between COUNTY and SUBRECIPIENT with respect to this Agreement. (Signature Page to Follow) Housing Development Corporation ofSW Florida, Inc, d/b/a HELP P522-04 Home Buyer Academy Page 36 W G IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: CRYSTAL K. KINZEL, CLERK Deputy Clerk Dated: (SEAL) #I Signature Witness #2 Signa e AOU1.5 iz L/d Witness #2 Printed Name Approved as to form and legality: Derek D. Perry 2 Assistant County Attorney 51161900 Date: AS TO COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: WILLIAM L. MCDANIEL, JR,, CHAIRPERSON Date: AS TO SUBRECIPIENT: HOUSING DEVELOPMENT CORPORATION OF S W FLORIDA, INC. d/b/a HELP MI IG A L PUCHALLA, EXECUTIVE DIRECTOR Date: -S H e? / Cap� [Please provide evidence of signing authority] Housing Development Corporation of SW Florida, Inc. d/b/a HELP P522-04 Home Buyer Academy Page 37 GAO PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c%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: Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1— 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than DI,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this Agreement. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in I — 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than one hundred (]00%)percent of the insw•able value of the buildings) 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 assw•e that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under Housing Development Corporation of SW Florida, Inc. d/b/a HELP P522-04 Home Buyer Academy Page 3B G�O the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMEN I PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Agreement: 7, Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10, Property Insurance coverage on an "All Risk" basis, in an amount not less than one hundred (1000/0) of the replacement cost ofthe property. Collier County must be shown as a Loss payee, with respect to this coverage A.T.I.M.A. lit 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.LM.A. Housing Development Corporation of SW Florida, Inc. d/b/a HELP PS22-04 p39 Home Buyer Academy age ^ NM EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENTName: Housing Development Corporation of SW Florida, Inc. d/b/a HELP SUBRECIPIENT Address: 3200 Bailey Lane, Suite 109, Naples, FL 34105 Project Name: Home Buyer Academy Project No: PS22-04 _ Payment Request # Total Payment Minus Retainage Period of Availability: 10/1/2022 _ tluough 9/30/2023 Period for which the Agency has incurred the indebtedness tluough SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $83,709.60 $ 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 Title Authorizing Grant Coordinator Date Authorizing Grant Accountant Supervisor (Approval required $15,000 and Division Director (Approval Required above) $15,000 and above) Housing Development Corporation of SW Florida, Inc. d/b/a HELP PS22-04 Home Buyer Academy Page 40 G�' O EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement and Information System (IDIS). The COUNTY reports information on a quarterly basis. To facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten (10) days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Source pient Name: Housing Development Corporation of SW Florida, Inc. d/b/a HELP Date: Project Title: Home Buyer Academy IDIS #: Program Contact: Telephone Number: Activi Re ortin Period Re ort Due Date October 1't— December 3l't January 10" Janua 10—March3V Aril l0'h A Iil Ist—June30th Jul 10" July I't —September 30' October 10"' REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 12/31/22 3131123 6/30/23 9/30/23 Please note: The HUD Program year begins October 1, 2022 —September 30, 2023. Each quarterly report must include cumulative data beginning from the start of them ram year October 12022. 1. Please list the outcome goal(s) from your approved application and SUBRECIPIENT Agreement and indicate your progress in meeting those goals since October 1, 2022. a. Outcome Goals: list the outcomegoal(s) from your approved application and SUBRECIPIENT Agreement Outcome 1: A minimum of seventy-five 75 unduplicated households will be served. Outcome 2: Documentation that 51% of the total households served qualify as low -to -moderate income, for achievement of the LMC National Objective. Outcome 3: A minimum of ten (10) persons and families will achieve home ownership as a direct result of this � b. � Goal Progress: Indicate the pmQl•ess to date in meeting each outcome goal. I 2. Is this I•oject still in com Hance with the on final roject schedule: Yes ❑ No 3. I Since c. 1, 2022; of the persons assisted, how many... for Public Facilities &Infrastructure Activities •03 Matrix Codes ...now have new access (continuing) to this service or ...now have improved access to this service or ...nnw receive a service or benefit that is no longer subsi 6 4. What fundin sources did the SUBRECIPIENT a I for this eI•iod? Section 108 Loan Guarantee $ CDBG $ Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ ESG $ $ HOPWA $ Housing Development Corporation of SW Florida, Inc. d/b/a HELP P522-04 Home Buyer Academy Page 41 G?O Total Entitlementt I $ Funds 5. What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if applicable? Answer question 5a or 5b; NOT both For LMC activities: people, race/ ethnicity, and income data are reported by persons. For LMH activities: households, race/ethnicity, and income level are reported by households, regardless the number of persons in the household. a. Total No. Persons/Adults served (LMC) 0 Total No. persons served under 18 0 LMC Quarter Total No. of Persons 0 Quarter Total No. of Persons 0 b. Total No. of Households served 0 Total No. of female head of household 0 (LMH) C What is the total number of UNDUPLICATED clients served since October, if applicable? Answer question 6a or 6b, NOT both For LMC activities: racelethnicity and income data are reported by persons, a. Total No. Persons/Adults served (LMC) 0 Total No. Persons served under 18 0 (LMC) VTn Total• I n I Vw" Tnfn] I A b. Total No. Households served LMH 0 Total No. female head of household (LMH) 0 I Y"Cl) "intat I U I YTD Total I 0 I Complete EITHER question 7 or 8, NOT both Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY (LMC) Quarter LMC YTD Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED . served this ua arter who fall into each presumed benefit persons served since October 1 who fall into each category (the total should equal the total is question #6a presumed benefit category (the total should equal the or! : total in question #6a or 6b): a Presumed Benefit Activities Onl LMC TR b I Presumed Benefit Activities Only LMC YTD 0 Abused Children ELI 0 Abused Children ELI 0 I YTD lete question 8a and Sb if an client in Housing Development Corporation of SW Florida, Inc. d/b/a HELP P522-04 Home Buyer Academy Page 42 O c (the total should equal the total in question 46): each income category (!he total should equal the total in question #6): a ELI Extremely Low Income (0-30%) 0 b ELI Extremely Low Income 0-3001a 0 LI Low Income (31-50%) 0 LI Low Income 0 MOD Moderate Income (51,800/6) 0 MOD Moderate Income 0 51-80% NON-L!M Above Moderate Income (>80%) 0 NON-L.tM Above Moderate 0 Income >800/0 Quarter Total 0 YTD Total 0 9, Is this project in a Low/Mod Area (LMA)7 YES NO Was project completed this quarter? YES I NO Ifyes, complete all of this section 9. Date project completed Block Group Census Tract Total Beneficiaries Low/Mod Beneficiaries Low/Mod Percentage 0 0 0 0 0 Date LMA Narrative approved by CHS? What documentation supports project completion? (i.e., Certificate of Completion or Certificate of Occupancy, etc. 10. Racial &Ethnic Data if a licable Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients clients served this Quarter fall into each race served since October (YTD) fall into each race category. In category. In addition to each race category, please addition to each race category please indicate how many indicate how many persons in each race category persons in each race category consider themselves consider themselves Hispanic. (Total Race column Hispanic. (Total Race column should equal the total in should equal the total in auestion 6.question 6. a, RACE ETHNICITY b. RACE ETHNICITY /HISPANIC /HISPANIC White 0 0 White 0 0 Black/AfricanAmerican 0 0 Black/AfricanAmerican 0 0 Asian 0 0 Asian 0 0 0 0 American Indian/Alaska 0 0 American Indian/Alaska Native A Native 0 0 Native Hawaiian/Other Pacific 0 0 Naive HaxaiiadOther Pacific Islander Islander 0 0 Black/Africam American & 0 0 Black/African American & White White 0 0 American Indian/Alaska 0 0 American Indian/Alaska Native& Native & Black/African Bndian/Alask American American Other Multi -racial 0 0 Other Multi -racial 0 0 0 0 0 0 I hereby certify the above information is true and accurate. Name:' Signature: Title: Yom• typed name here represents your electronic sienatm•e Housing Development Corporation of SW Florida, Inc. d/b/a HELP P522-04 Home Buyer Academy Page 43 W G EXHIBIT C-1 Community Development Block Grant ,CDBG) Leveraged Funds Report Levemged Funds must be identified, tracked, and verifiable. Resources must be fully identified and described as submitted with SUBRECIPIENT's application. Subrecipient Name: Housing Development Corporation of SW Florida, Inc. d/b/a HELP Report Period: Fiscal Year: Contract Number: PS22-04 Program: CDBG Contact Name: Contact Number: Leveraged Funds See EXAMPLE below for how to complete this form. Source Amount Type Use Total Project Cost Ratio: Source Amount Type Use CDBG $1,OOUM Other Federal Funds Land Acquisition HOME $870,000 Federal Funds Infrastructure Private Donation $1,2002000 Cash & In -Kind Infrastructure Philanthropic $3,500,000 Cash — local funds 52 units Affordable Housing Total Project Cost $65570,000 Ratio: $1 Federal Dollar $2.51 Local Funds [Signature Page to Follow) Housing Development Corporation of SW Florida, hrc. d/b/a HELP P522-04 Home Buyer Academy Page 44 W G I hereby certify the above information is true and accurate. Signature: Printed Name: Title: Date: Your typed name here reuresents your electronic sienature. Housing Development Corporation ofSW Pbrida, Inc. d/b/a HELP p522-04 P45 Home Buyer Academy age C, W EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete this form and retain appropriate supporting documentation proving CDBG assistance to an eligible beneficiary. Please retain in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names—AIIHonseholdMembers Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets B b 0.00 If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 0.06%) and enter results in B(c), otherwise leave blank. B(c) Housing Development Corporation ofSW Florida, hrc. d/b/a HELP P522-04 Home Buyer Academy Page 46 O k� C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages / Benetits / Public Other Asset Salaries Pensions Assistance Income Income (include tips, commissions, (Enter the bonuses, and greater of overtime) box B(b) or l box B(c), 2 above, in 3 box C(e) below) 4 5 6 7 8 Totals (a) (b) (c) (d) (e) 0,00 0,00 0,00 0.00 Enter total of items C(a) through C(e). 0.00 This amount is the Annual Anticipated Household Income. D. Recipient Statement: The information on this form is to be used to detelrnine maximum income for eligibility. Uwe have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. Uwe certify that the statements are true and complete to the best of my/our knowledge and belief, and are given under penalty of perjury. WARNING: Florida Statutes Chapter 817, U.S.C. § 1001 and 31 U.S.0 § 3729 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 Sections 775.082 and 775.083, Florida Statutes, 31 U.S.C. 3729 - False claims - Document in Context - USCODE-2010-title3l-subtitleIIl-chap37-subchapIlI-sec3729 ovinfo.gov) 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 Housing Development Corporation of SW Florida, Inc. d/b/a HELP P522-04 Home Buyer Academy Page 47 O G�' E. CDBG Grantee Statement: Based on the representations herein, the family or individuals) named in Item A of this Income Certification istare eligible under the provisions of the CDBG Program. The family or individual(s) constitute(s) a: ❑ Extremely Low -Income (ELI) Household means and individual or family whose annual income does not exceed 30/50" of the Very Low -Income (60 percent of VLI) percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ 1. ❑ 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 ofHousing 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 $ 1. Based on the (year) income limits for the Naples -Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Printed Name F. Household Data Title Date Number of Persons B Race L nCLY AM American Native Other Indian Asian Black Hawaiian White 0-25 26-40 41-61 62+ or Other Pac, Hispanic Non- Hispani NOTE: Information concerning the race or ethnicity of the occupants is being gathered for statistical use only. No benefrciary is reguired to give such information, and refusal to give such information will not affect any right he or she has to the CDBG program. Housing Development Corporation of S W Florida, Inc. d/b/a HELP PS22-04 Home Buyer Academy Page 48 O G�' EXHIBIT E AUDIT MONITORING REPORT Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding the organization's compliance. In determining Federal awards expended in a fiscal year, the subrecipient must consider all sources of Federal awards, based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F —Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Subrecipient Name Housing Development Corporation of SW Florida, Inc. d/b/a HELP First Date of Fiscal Year M/DD/YY Last Date of Fiscal Year M/DD 01/01/2022 12/31/2022 Total Federal Financial Assistance Expended during Total State Financial Assistance Expended during most most recently completed Fiscal Year recently completed Fiscal Year S $ 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 com letion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ❑ Are a for -profit organization ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the inde endent auditor's management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we understand that the audit report contains ❑ a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title 06/18 Housing Development Cofpomtion ofSW Florida, Inc. d/b/a HELP PS22-04 Home Buyer Academy Page 49