Agenda 07/12/2022 Item #16D 6 (2 Subrecipient Agreement amendments between Collier County and Rural Neighborhoods, Inc. and Collier County housing Authority)SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
July 12, 2022
Continue Item 9A to the September 13, 2022 BCC Meeting: *** This Item continued from the June 28,
2022, BCC Meeting. *** A Resolution of the Board of County Commissioners proposing County-initiated
amendments to the Collier County Growth Management Plan, Ordinance 89-05, as amended, to address
housing initiatives to allow affordable housing by right in certain commercial zoning districts with a sunset
date; to increase density for affordable housing; to establish a Strategic Opportunity Sites Subdistrict; and to
increase density for affordable housing projects along Collier Area Transit routes; specifically amending the
Future Land Use Element and Future Land Use Map; Golden Gate City Sub-Element of Golden Gate Area
Master Plan Element and Future Land Use Map; the Immokalee Area Master Plan Element and Future
Land Use Map; and adding a policy to the Transportation Element pertaining to affordable housing along
transit routes; and furthermore directing transmittal of these amendments to the Florida Department of
Economic Opportunity. [PL20210000660] (All Districts) (Commissioner Saunders’ and Commissioner
McDaniel’s Separate Requests)
Continue Item 11B to the September 13, 2022 BCC Meeting: Provide an update to the Board of County
Commissioners regarding the recommendation to designate a Sports Tourism Director within the
Convention & Visitors Bureau (Tourism Division) that shall provide dedicated oversight of the County’s
interests relating to the Paradise Coast Sports Complex as it relates to the day-to-day activities, sales efforts,
sports marketing, management and administration of the County’s relationship with Sports Facilities
Companies (Complex management company) and the promotion of tourism. (Paul Beirnes, Tourism
Director) (All Districts) (Commissioner Saunders’ request)
Continue 16A12 to the September 13, 2022 BCC Meeting: Recommendation to approve the FY 2022-2023
10-Year Capital Planning document for Fund 195 Beach Renourishment and Pass Maintenance, Fund 185
Program Management and Administration, and make a finding that these expenditures promote tourism.
(All Districts) (Staff’s Request)
Move Item 16C3 to 11O: Recommendation to approve Change Order No. 2 in the amount of $212,079, to
provide additional design engineering services and to approve the First Amendment for the design of the
gymnasium, and approve the required budget amendments for the execution of Agreement No. 18-7279 for
Big Corkscrew Island Regional Park (BCIRP) Phase II (Project 80039) (District 5) (Commissioner
McDaniel’s Request)
Move Item 16D10 to 11Q: Recommendation to authorize staff to engage and develop a scope of work with
the Urban Land Institute (ULI) to convene an update and review of the 2017 Housing Plan and provide
guidance on housing policy recommendations; and to waive competition declaring this a single-source service
and in the best interest of the County. (All Districts) (Commissioner McDaniel’s and Commissioner
LoCastro’s Separate Request)
Move 16D6 to 11P: Recommendation to approve and authorize the Chairperson to
sign two (2) subrecipient agreement amendments between Collier County and Rural
Neighborhoods, Incorporated and Collier County and the Collier County Housing
Authority. (Housing Grant Fund 705) (All Districts) (Commissioner McDaniel’s and
Commissioner LoCastro’s Separate Request)
Move 16F3 to 11R: *** This Item continued from the June 28, 2022, BCC Meeting. *** Recommendation to
approve modifications to Tourist Development Tax Grant Guidelines on allowable uses to include the cost of
producing a performing arts production or entertainment at an event or location whose primary purpose is
the promotion of tourism, not to exceed 50% of the total cost of the production and based on the availability
of funds, and make a finding that this program promotes tourism. (All Districts) (Commissioner McDaniel’s
Request)
Continue Item 17B to the September 13, 2022 BCC Meeting: Recommendation to amend Ordinance No. 75-
16, as amended, to authorize the Chairman to better deal with disorderly persons, including requesting law
enforcement officers remove disorderly persons when conduct interferes with orderly progression of
meetings. (All Districts) (Commissioner McDaniel’s Request)
Continue Item 16A1 to the September 13, 2022 BCC Meeting: Recommendation to direct staff to bring back
an amendment to Ordinance 2013-57, the Administrative Code for Land Development to address an
expressed concern for public safety regarding meeting decorum, location, and virtual options for
Neighborhood Information Meetings. (All Districts) (Commissioner McDaniel’s Request)
Notes: Moment of Silence, for Kim Grant, Following the Invocation.
Correction to the Title of Item 16C4: Recommendation to award Invitation to Bid (“ITB”) No. 22-7974
“Cartridge Filters for Water Treatment Plants,” to Tri-Dim Filter Corporation, for the purchase of replacement
cartridge filters at the North and South County Regional Water Treatment Plants on a primary per line-item
basis. and authorize the Chair to sign the attached agreement. (District 3) (Staffs’ Request)
Correction to Item 11B: The position is incorrectly referenced as a Director position and should be a Deputy
Director position. (Staff’s Request)
Time Certain Items:
Item 5D to be heard at 1:00 PM: Legislative Appropriation Check Presentation for the Golden Gate City
Water Resource Protection & Restoration Master Plan.
7/19/2022 9:52 AM
07/12/2022
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairperson to sign two (2) subrecipient agreement
amendments between Collier County and Rural Neighborhoods, Incorporated and Collier County
and the Collier County Housing Authority. (Housing Grant Fund 705)
OBJECTIVE: To provide housing and community services to benefit the residents of Immokalee.
CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) Community
Development Block Grant (CDBG) program funds locally defined needs for programming and
infrastructure. The two (2) proposed amendments to the CDBG program are as follows:
Rural Neighborhoods Inc.
Collier County's CDBG FY 2020-2021 Action Plan was approved at the June 23, 2020, Board of County
Commissioners (Board) meeting (Agenda Item #111). On June 23, 2020, the Board also approved the
Agreement (Agenda Item # 11 J) between Collier County and Rural Neighborhoods, Incorporated for the
development and construction of a community center in Immokalee.
The agreement established funding in the amount of $400,000 for the development and construction of a
community center in the Eden Park-Esperanza Place neighborhood that will serve low- and moderate -
income neighborhoods. The period of performance is 10/1/2020 to 9/30/2022. The project was delayed
six (6) months due to bid results that were over budget, as a result of escalated construction material costs
and supply chain backorders. As such, Rural Neighborhoods, Inc., in an attempt to yield lower costs,
reconfigured the design and re -bid the solicitation.
The proposed First Amendment will
(a) Modify the agreement's Period of Performance end date from 9/30/2022 to 12/31/2022
(b) Consolidate (3) payment deliverables (current project components: Building Pen -nits, Impact
Fees, and Building Construction) to (1) payment deliverable project component, Building
Construction, which will allow for budget flexibility
(c) The U.S. Department of Housing and Urban Development (HUD) recently requested the grantee
submit a Leveraged Funds report detailing data on the amount of money leveraged from other
Federal, state, local, and private sources, per activity. Therefore, language will be incorporated
under Section 1.6 Leveraged Funds reporting and Section 1.2 Project Details A. Performance
Deliverables and form Exhibit C-1.
Collier County Housing Authority:
Collier County's CDBG FY 2021-2022 Action Plan was approved at the June 22, 2021, Board meeting
(Agenda Item #16137). The Substantial Amendment to the FY 2021-2022 One Year Action Plan was
approved by the Board on June 28, 2022 (Agenda Item #16D4) reallocating $130,000 from the HUD
PY20 appropriation to the Collier County Housing Authority Heating, Ventilation, and Air Conditioning
project.
On June 21, 2021 (Agenda Item #16D7), the Board approved a CDBG Subrecipient Agreement with
Collier County Housing Authority. The agreement established $500,000 in funding for the rehabilitation
of affordable housing units in Immokalee, FL, through the installation of Heating, Ventilation, and Air
Conditioning (HVAC) systems.
I Packet Pg. 1413
07/12/2022
The proposed First Amendment will
(a) Modify the agreement's scope by adding the language "purchase and additional" to the project
description.
(b) Increase the project budget by $130,000 making the new total $630,000.
(c) The U.S. Department of Housing and Urban Development (HUD) recently requested grantees
submit a Leveraged Funds report detailing data on the amount of money leveraged from other
Federal, state, local, and private sources, per activity. Therefore, language will be incorporated
under Section 1.6 Leveraged Funds reporting and Section 1.2 Project Details A. Perfon-nance
Deliverables and form Exhibit C-1.
FISCAL IMPACT: The proposed actions have no new Fiscal impact. Funding is available within
Housing Grant Fund (705) Projects 33689 and 33796 supported by federal CDBG grant program funding
received through HUD awards.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. --DDP
GROWTH MANAGEMENT IMPACT: This item has no impact on the Housing Element of the
Growth Management Plan of Collier County.
RIECOMMENDATION: To approve and authorize the Chairperson to sign two (2) subrecipient
agreement amendments between Collier County and Rural Neighborhoods, Inc. and Collier County and
the Collier County Housing Authority.
Prepared By: Judith Sizensky, Grants Coordinator; Community and Human Services Division
ATTACHMENT(S)
1. EXECUTED - Rural Neighborhoods CD20-01 (PDF)
2. CCHA HVAC CD21-04 Fully Executed Agreement (PDF)
3. Amendment #1 Rural Neighborhoods CD20-01 (PDF)
4. Amendment #1 CCHA HVAC CD21-04(PDF)
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07/12/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.13.6
Doe ID: 22459
Item Summary: Recommendation to approve and authorize the Chairperson to sign two (2)
subrecipient agreement amendments between Collier County and Rural Neighborhoods, Incorporated and
Collier County and the Collier County Housing Authority. (Housing Grant Fund 705)
Meeting Date: 07/12/2022
Prepared by:
Title: — Public Transit & Neighborhood Enhancement
Name: Judy Sizensky
06/03/2022 2:56 PM
Submitted by:
Title: Manager - Federal/State Grants Operation — Community & Human Services
Name: Kristi Sonntag
06/03/2022 2:56 PM
Approved By:
Review:
Community & Human Services
Blanca Aquino Luque Additional Reviewer
Community & Human Services
Judy Sizensky
Additional Reviewer
Community & Human Services
Maggie Lopez
Additional Reviewer
Community & Human Services
Kristi Sonntag
CHS Review
Operations & Veteran Services
Kimberley Grant
Additional Reviewer
Public Services Department
Todd Henry
PSD Level 1 Reviewer
Public Services Department
Tanya Williams
PSD Department Head Review
County Attorney's Office
Derek D. Perry
Level 2 Attorney Review
Grants
Erica Robinson
Level 2 Grants Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Grants
Therese Stanley
Additional Reviewer
Office of Management and Budget
Christopher Johnson
Additional Reviewer
County Managers Office
Dan Rodriguez
Level 4 County Manager Review
Board of County Commissioners
Geoffrey Willig
Meeting Pending
Completed
06/08/2022 5:09 PM
Skipped
06/09/2022 8:50 AM
Completed
06/09/2022 11:25 PM
Completed
06/13/2022 1:26 PM
Completed
06/13/2022 4:51 PM
Completed
06/14/2022 9:39 AM
Completed
06/14/2022 10:53 AM
Completed
06/20/2022 9:45 AM
Completed
06/23/2022 3:48 PM
Completed
06/23/2022 4:07 PM
Completed
06/29/2022 9:08 AM
Completed
06/29/2022 2:54 PM
Completed
06/30/2022 11:51 AM
Completed
07/06/2022 7:54 AM
07/12/2022 9:00 AM
I Packet Pg. 1415 1
FAIN 4
B-20-UC- 12-0016
Federal Award Date
EST 10/20
Federal Award Agency
HUD
CFDA Name
Community
Development Block
Grant
CFDA/CSFA#
K218
Total Arnount of Federal
Funds Awarded
$400,000
SUbrecipient Name
Rural Neighborhoods,
Incorporated
DUNS#
605098438
FEIN
65-1238417
R&D
No
Indirect Cost Rate
No
Period of Performance
10/1/2020-9/30/2022
Fiseal Year End
12/31
Monitor End:
9/27
AGREEMENT BETWEEN COLLIER COUNTY
AND
RURAL NEIGHBORHOODS INCORPORATED
THIS AGREEMENT is madc and entered into this("' day of_)O%j_�2020, by and between Collier
County, a political subdivision of the State of Florida, (COUNTY or Grantee) having its principal address
at 3339 E Taiiiiami Trail, Naples FL 34112, and Rural Neighborhoods Incorporated, (SUBRECIPIENT),
having its principal office at P,O. Box 343529, 19308 SW 380"' St, Florida City, FL 33034.
WHE REAS, the COUNTY has entered into all Agreement with the United States Department of
HOLIShIg aild Urban Development (HUD) for a grant for the execution and implementation of a Community
Development Block Grant Program ill 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 approved the Collier County
Consolidated Plan — One-year Action Plan for Federal 2020-2021 foi- the CDBG Program Nvith
Resolution 2020- oil June 23, 2020 — 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 2020/2021 AnnUal
Action Plan, oil May 23,2020, Nvith a 30-day Citizen Comment period from May 23, 2020 to June 23,2020;
and
WHEREAS, the SUBRECIPIENT has submitted a proposal for participation in the Collier County
CDBG program; and
RURAL NEIGHBORHOODS, INCORPORATED
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Esperanza Community Center Page I
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WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth tile responsibilities and
obligations of each ill tile Undertaking tile CDBG Eden Park — Esperanza Place Community Center,
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
PART I
SCOPE OF WORIC
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required
as a condition of providing CDBG assistance as provided herein and, as determined by Collier County
Community and Hunian Services (CFIS) Division, perform the tasks necessary to conduct the program as
follows:
Project Name: Eden Park — Esperailza Place Community Center — EP2
Description of project and outcome: The cost to include but not I imited to the development and
construction of a community center space in tile Eden Park- Esperanza Place neighborhood.
The center will serve low and moderate income neighborhoods.
The property will be deed restricted for five (5) years (affordability period) commencing oil the
date of initially meeting one of the National Objectives, in accordance with 24 CFR 570.505, if
applicable.
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty (60) calendar days of the execution of this Agreement, the SUBRECIPIENT
must deliver to CHS for approval a detailed project schedule for the completion of the
project, excluding Public Service projects.
13, The following resolutions and policies must be submitted within sixty (60) days of this
Agreement:
F-1 Affirmative Fair Housing Policy
Affirmative Action/ Equal Opportunity Policy
Conflict of Interest Policy
Procurement Policy
Uniform Relocation Act Policy
Sexual Harassment Policy
Z LMA Narrative
Z Procedure for compliance with the requirenictits set forth in Section 3 of tile
Housing and Urban Development Act of 1968, as amended (12U.S.C. 794 1 u)
RURAL NEIGHBORHOODS, INCORPORATED
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Procedures for compliance with the reqUil-CInCrItS Set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C� 794)
Fraud Policy
Limited English Proficiency Policy (LEP)
C. Environmental Review Requirement (ERR) - No program costs cart be incurred until an
environmental review of the pr000sed project is completed and approved, Further, tile
SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance
of the CHS Notice to Proceed (NTP) letter, Violation of this provision may result in the
denial of any rcimbursement of funds under this Agreement.
D. Annual SUbrecipient Training — A] I SUBRECIPIENT staff assigned to the administration
and implementation of the Project, established by this Agreement, shall attend the CHS-
sponsored AnIlLial Fair Housing training, except those who attended the training in the
previous year, and at least one staff member shall attend all other CHS-offered training,
relevant to the Project, as determined by the Grants Coordinator, not to exceed fOL11- (4)
sessions, Requests for exemption, under this special condition, must be submitted to the
Grant Coordinator, in writing, at least 14 days, prior to the training.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Description
Federal Amount
Project Component 1: Building Permits
$ 15,000.00
Project Component 2: Impact Fees
$45,000.00
Proiect Component 3: Building ConstrUC601)
$340,000.00
Total Federal Funds:
$400,000.00
The SUBRECIPIENT will accomplish the following checked project tasks:
n Pay all closing costs related to property conveyance
F-1 Maintain and provide to the COUNTY, as requested, beneficiary income certification
documentation
Maintain and provide National Objective Documentation
Provide Quarterly Reports on National Objective and project progress
Z Attendance by a representative from executive management at scheduled partnership
nicetings, as requested by CHS
Z Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation
Identify Lead Project Manager
Provide Site Design and Specifications
Z Comply with Davis Bacon Labor Standards
Z Comply with Sectio ' n 3 and maintain dOCLInientation
Z Provide certified Earoll weekli throahout construction and rehabilitation
RURAL NEIGHBORHOODS, INCORPORATED
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F71
V\J Comply with Uniform Relocation Act (URA), if necessary
Z Ensure applicable numbers of tmits are Section 504/ADA accessible
M Ensure the applicable period of continued use for the project is inct
B. National Objective
The CDBG program funds awarded to Colliff County must benefit low -moderate inconle persons
(LMI). As stich, the SUBRECIPIENT shall ensure that all activities and beneficiaries mect the
definition of-
N
LMA — LoNv/Mod Area Beriefit
F-1
LMC — Low/Mod Clientele Benefit
LMFl — Low/Mod Housing Benefit
LMJ — Low/Mod Job Benefit
LMA: Must dOCL1111C11t where at least 51 percent of the residents are LMI persons, based
oil 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 mect a CDBG National Objective, Failure to achieve the
national objective tinder this Agreement will require repayment of the CDBG investment Under this
Agreement.
LMH. Must doCLInient providing or improving permanent residential Structures, WhiCh
upon completion will be occupied by LMI households. StrLICtUreS with three or more un its niust
have at least 51 percent occupied by LMI households and StrLICtUres with less than three units niust
be occupied by 100 percent LMI households, Failure to achieve the national objective tinder this
Agreement will require repayment of the CDBG investincrit tinder this Agreement.
LMJ: Must docurnent job creation and retention. The LMI benefit national objective
addresses activities designed to create or retain permanent jobs, at least 51 pereent of which
(comptited on a full-time equivalent basis) will be niade available to or field by LMI persons.
Failure to achieve the national objective tinder this Agreement will require repayment of the CDBG
investment under this Agreement.
C. Performance Deliverables
Program Deliverable
Deliverable Supporting
Submission Schedule
Documentation
Special Grant Condition Policies
Policies as stated in this
Within sixty (60) days of
(Section 1.1)
Agreement
Agreement execution
Insurance
Insurance Certificate
Within 30 days of Agreement
execution and Annually within
thirty (30) days of renewal
Detailed Project Schedule
Project Schedule
Within sixty (60) days of
Agreementexecution
RURAL NEIGHBORHOODS, INCORPORATED
ESperan7a Community Center Page 4
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Project Plans and Specifications
Site Plans and Specifications
Prior to procurement
Subcontractor Log
Subcoritractor Log
Initially at Construction start,
and quarterl thereafter
Submission of Progress Report
Exhibit C
Quarterly; within 10 days
following tile end of lie quarter.
Section 3 Report
Quarterly report of new hire,
Quarterly; within 10 days
information
following the end of tile quarter.
Davis Bacon Act Certified
Weekly Certified Payroll
Weekly within 7 days following
Payroll
reports, forms, and supporting
issuance of payroll checks
documentation
Financial and Compliance Audit
Audit, Management Letter, and
AntlLially: nine (9) niontlis after
Exhibit E
FY end for Single Audit OR one
hundred eighty (180) days after
FY end
Continued Use Certification
Continued Use Affidavit, if
Annually; for five (5) years after
applicable
meeting the National Objective
Revenue Plan for Maintenance
Plan approved by the COUNTY
Initial Plan due after completion
and Capital Reserve
of construction. Annually
through tile period of continued
Ilse
Program Income Reuse Plan
Plan Approved by the COUNTY
A11111.1ally until 2027
D. Payment Deliverables
Payment Deliverable
Payment Supporting Documentation
Submission Schedule
Project Component 1: Build ing
SUbmission of supporting documents
Submission of
Permits
must be provided as backup, as evidenced
nionthly invoices by
by check stubs, batik statements, copy of
the 10111 of tile nionth
permits, and any other additional
following tile nionth
documentation as requested.
of service.
Project Component 2: Impact
Submission of supporting documents
Submission of
Fees
must be provided as backup, as evidenced
monthly invoices by
by check stubs, bank statements, copy,
tile 10"' of tile month
proof of payment of impact fees, and an),
following the nionth
other additional documentation as
of service,
requested.
Project Component 3: Building
Submission of supporting documents
Submission of
Coll struction
inust be provided as backup, as evidenced
monthly invoices by
by banking documents, completed AIA
the 10"' of the month
G702-1992 f0rul, 01' CqUivalent document
following tile month
per contractor's Schedule of Values and
of service.
any additional documents as needed.
10% retainage lield with the last pay
request,
Retainage: The rernaining10% of the award orproject costs will be released upon final monitoring clearance
and meeting a National Objective.
RURAL NEIGHBORHOODS, INCORPORATED
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For clarity, The COUNTY will lot withhoid 10% oil each paymerit, rather, the last 10% will only be paid
as previously specified. Failure by the SUBRECIPIENT to achieve the National Objective will require
repayment of the CDBG investment under this Agreement.
1.3 PERIOD OF PERFORMANCE
Services of the SUBRECIPIENT shall start on October 1, 2020 and shall end oil September 30,
2022,
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available FOUR HUNDRE D THOUSAND Dollars ($400,000.00)
for use by the SUBRECIPIENT, during the term of the Agreement (hereinafter, shall be referred to
as the "Funds"),
Modification to the "Budget and Scope" may only be made if approved in advance. Budgeted fund
shifts arriong I ine items shall not be more than 10 percent of the total funding amount and does 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. I
The COUNTY shall reimburse the SUBRECIPIENT for the performance of this Agreenaent upon
completiort or partial completion of the work tasks, as accepted and approved by CHS,
SUBRECIPIENT may not request disbursemerit of CDBG funds until funds are riceded for eligible
costs, and all disbursement requests Must be limited to the amount needed at the time of tile
request. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations
incurred during the term of this Agreement. Invoices for Nvork performed are required every month.
Irno work has been performed during that morith, or if the SUBRECIPIENT is not yet prepared to
send the required backup, a $0 invoice is required. Explanations may be required if two consecutive
illoriths of $0 itivoices are submitted. Payments shall be made to the SUBRECIPIENT, when
requested, as work progresses but not more frequently thari once per month, Reimbursement will
not occur if SUBRECIPIENT fails to perform the minimum level of service required by this
Agrecracrit.
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 Coordiriator.
The Count), Manager Or designee may extend the term of this Agreement for a period of tip to 180
days after the end of the Agreement. Extensioris must be authorized, in writing, by formal letter to
the SUBRECIPIENT.
No payment will be made Until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requ i rem e tits. Except where disputed for nonconipliance,
RURAL NEIGHBORHOODS, INCORPORATED
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payment will be made upon reccipt of a properly completed invoice and in compliance with
§21 &70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act,"
1.5 COST PRINCIPLES
Payments to the SUBRECIPIENT are governed by tile Federal grant management rules for cost
allowability found at 2 CFR 200 Subpart E-Cost Principles, For tile purposes Of this Section
(Section 1.5-Cost Principles) of this Agreement, SUBRECIPIENT is defined as a described in 2
CFR 200,93, Accordingly, payments will be made oil a cost reirribursernent basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under this
Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed
specifically to the project(s) rcferenccd above, as defined in 2 CFR 200.413. The SUBRECIPIENT
must provide adequate . documentation for validating costs incurred, Payments to
SUBRECIPIENTS contractors and vendors are conditioned LIPOI) COMplialICC With tile pl-MR-CMent
requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by tile
SUBRECIPIENTS and Contractors shall comply with 2 CFR Subpart E-Cost Principles, A
Developer is not subject to 2 CFR Subpart E; however, the COUNTY is Subject to 2 CFR Subpart
E and may impose requiren-lelItS UP01i the Developer, in order for the COUNTY to remain
compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal
controls and maintain iiecessary source documentation for all costs incurred and adhere to any other
accounting requirements included in this Agreement.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
C0111111CIVial 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 Coll) Ill 11 n ications 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
3339 E Tainianii Trail, Suite 211
Naples, Florida 34112
Email: Carolyii.Noble accolliercoun!yfl.gov
Telephone: (239) 450-5186
SUBRECIPIENT ATTENTION: Steve Kirk, President
19308 SW 380111 St,
RO Box 343529
Florida City, Florida 33034
Email: steve-kii,k@i-tii-aliieigliborlioods.oi,g
Telephone: (305)242-2142
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PART 11
GRANTCONTROL
REQUIREMENTS
2.1 AUDITS
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At any time during normal business hours and as often as the COUNTY (and/or its representatives)
may deem necessary, the SUBRECIPIENT shall make available all records, documentation, and
any other data relating to all matters covered by the Agreement for review, inspection, or audit.
Aiiy deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within 30
days after receipt by tile organization. Failure of tile organization to comply with the above audit
requirements will constitute a violation of this Agreement and may result in the withholding of
future payments. The SUBRECIPIENT hereby agrees to obtain all annual agency audit conducted
ill accordance with current GRANTEE policy concerning SUBRECIPIENT audits,
The determination of amounts of Federal awards expended shall be in accordance with guidelines
established by 2 CFR Part 200, Subpart F-Audit ReqLtil'VIllelltS.
2.2 RE CORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records, ill accordance with 24 CFR 570.506, to
determine compliance with the reqWrements 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 I-egUlations,
B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily
would be required by tile COUNTY ill order to perform the service.
C. All reports, plans, surveys, information, documents, maps, books, records, and other data
procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for this
Agreement shall be made available to tile COUNTY, by tile SUBRECIPIENT, at any titne,
upon request by tile COUNTY or CHS. Materials identified in the previous sentence shall
be ill accordance with generally accepted accounting principles (GAAP), procedures, and
practices, which sufficiently and property reflect all revenues and expenditures of funds
provided directly or indirectly by this Agreement, including matching funds and Program
Income. These records shall be maintaiiied 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.
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D. Upon completion of all work contemplated under this Agreement, copies ofall docunmits
and records relating to this Agreement sliall be surrendered to CHS, if requested. In ally
event, SUBRECIPIENT shall keep all documents and records in ail orderly fashion, ill a
readily accessible, permanent, and secured location for five (5) years after the date of
submission of the annual performance and evaluation report, as prescribed in 2 CFR
200,333, with the following exception: 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 a SUBRECIPIENT ceases
to exist after the closeout of this Agreement, the COUNTY shall be informed, in writing,
of the address where (lie records are to be kept, as outlined in 2 CFR 200.336. Tile
SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at
no cost to COUNTY, all public iTcords in possession of the SUBRECIPIENT upon
termination of tile Agreement and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible with the
information teclinology systems of the COUNTY.
IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE SUBRECIPIENT'S DUTY TO PROYIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832�
Michael. CoxAcol liereo u n tyfl.i!ov, 3299 Tamiami Trail E, Naples
FL 34112.
E. SUBRECIPIENT shall maintain records showing con-ipliance with tile Davis -Bacon Act of
193 1, iflClUding files containing contractor payrolls, employee interviews, Davis-Bacoil
wage rates, and administrative cross-referencirig. SUBRECIPIENT shall maintain records
showing contractor compliance with tile Contract Work Hours and Work Safety Law.
Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal
purchasing requirements and other federal requirements for grant implementation.
F. SUBRECIPIENT will be responsible for tile creation and maintenance of income eligible
files on clients served, and documentation that all households are eligible under HUD
Income Guidelines. The SUBRECIPIENT agrees that CHS shall be the final arbiter oil the
SUBRECIPIENT's compliance.
G. SUBRECIPIENT shall document how the National Objective(s), as defined in 24 CFR
570.208, and the eligibility requirement(s) under which ftinding has been received have
been met. These also include special requirements, such as necessary and appropriate
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determinations as defined in 24 CFR 570,208, income certification, and written agreements
with beneficiaries, where applicable.
H. SUBRECIPIENT slial I provide the public with access to public records oil the saille 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.
SUBRECIPIE-NT shall ensure that public records that are exempt or confidential and
exempt fron-i public records disclosure requirements are not disclosed except as authorized
by 2 CFR 200,336 and 2 CFR 200,337.
2.3 MONITORING
During the term ofthe Agreement, SUBRECIPIENT shall submit an arnUal audit monitoring report
(F,xhibit E) to the COUNTY no later than nine (9) months after the Single Audit (or one hundred
eighty (180) days for SUBRECIPIENTS exempt ftom Single Audit), after the SUBRECIPIENT'S
fiscal year end. The COUNTY will conduct an annual financial and programmatic review,
SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual oil -Site monitoring
visit and evaluation activities, as determined necessary, At the COUNTY's discretion, a desktop
review of the activities may be conducted in lieu of an on -site visit, The continuation of this
Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the
request of CHS, submit information and status reports required by CHS or HUD to enable CHS to
evaluate said progress and to allow for cornpletion of required reports. The SUBRECIPIENT shall
allow CHS or HUD to monitor the SUBRECIPIENT oil site. Such site visits may be scheduled or
unscheduled, as determined by CHS or HUD.
COUNTY will monitor the performance of the SUBRFCIPIFNT in an attempt to mitigate fraud,
waste, abuse, or non-performance, based oil 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 200.33 1. Substandard performance, as determined by CHS, will constitute
rioncompliance with this Agreement, If corrective action is not taken by the SUBRECIPIENT
within a reasonable period of time 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 Agreemej%
2.4 PREVENTION OF FRAUD AND ABUSE
SUBRECIPIENT sliall establish, maintaiii, and utilize internal systems and procedures sufficient
to prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this
Agreement, and to provide for the proper and effective mariagement of all Program and Fiscal
activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and
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other significant events shall be clearly d0CLIniented, and the documentation shall be readily
available for monitoring by COUNTY.
SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees,
and agents for the purpose of monitoring or investigating the performance of the Agreement,
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent
waste, fraud, and abuse.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this Agreement, or of any law or regulation to COUNTY or to aily
appropriate law enforeement aUthority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, 01' Uriacceptable
performance under this Agreement, Penalties may be imposed for failffl-C to implement or to make
acceptable progress on such corrective action plans.
In order to effectively enforce COUNTY ReSOILItion No, 2013-228, CHS has adopted ail escalation
policy to ensure continued compliance by Stibrecipients, Developers, or any entity receiving grant
ftinds from CHS, CHS's policy for escalation for noncompliance is as follows:
Initial noncompliance may rMllt in Findings or Concerns being issued to the
SUBRECIPIENT, which will require a corrective action plan to be submitted to
the COUNTY within 15 days following issuance of the report.
Any pay requests that have been submitted to the COUNTY for payment Nvill
be held Ulltil the corrective action plan has been submitted.
0 CHS will be available to provide Technical Assistance (TA) to the
SUBRECIPIENT, as needed, in order to correct the noncompliance issue,
2. If SUBRECIPIFNT fai Is to submit the corrective action plan to the COUNTY in a
timely manner, the COUNTY may require a portiori of the awarded grant amotint
be returned to the COUNTY.
0 The COUNTY may require Upwards of 5 percent of the award allIOL111t be
rCtUrned to the COUNTY, at the discretion of the Board.
0 The SUBRECIPIENT may be denied ftItLll'C consideration as set forth ill
Resolution No, 2013-228.
3. If SUBRECIPIENT continues to fail to correct the OLItstanding issue 01' repeats all
issue that was previously corrected and has been informed by the COUNTY of
their substantial non-compliatice by certified mail, the COUNTY nlay require a
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portion of the awarded grant amount or the amount of the CDBG investment for
acquisition of the properties conveyed, be returned to the COUNTY.
0 The COUNTY may require upwards of 10 percent of the award amount be
returned to the COUNTY, at the discretion of the Board.
The SUBRECIPIENT will be considered in violation of Resolution No. 2013-
228.
4. If after repeated notification, SUBRECIPIENT continues to be substantially
noncompliant, the COUNTY may reconinlend tile Agreement or award be
terminated,
The COUNTY will make a recommendation to the Board to immediately
terminate the contract or Agreement. The SUBRECIPIENT will be required
to repay all funds disbursed by the COUNTY for the project that was
terminated. This includes the amount invested by the COUNTY for tile initial
acquisition of properties or other activities.
* SUBRECIPIENT will be considered in violation of Resolution No. 2013-228.
If tile 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 oil the resolUtiOn of monitoring findings identified pursuant to this
Agreement, as dect-ned necessary by tile Count), Manager or designee,
During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the
COUNTY oil the I Oth day Of January, April, July, and October, respectively, for the prior quarter
period end. As part of the report Submitted in October, the SUBRECIPIENT also agrees to include,
a comprehensive final report covering the agreed -upon Program objectives, activities, and
expenditures including but not limited to, performance data oil client feedback with respect to the
goals and objectives set forth. in Exhibit C. Exhibit C contains an example reporting form to be used
in fulfillment of this requirement. Other reporting requirements may be required by the County
Manager or designee if the Program changes, the need for additional information or documentation
arises, and/or legislative amendments are enacted. Reports and/or requested documentation not
received by tile due date shall be considered delinquent and may be cause for default and
termination of this Agreement.
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without tile written consent of the
COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgement,
3.2 GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (tile U.S. HOLISing and Urban Development regulations concerning
C0111111LInity Development Block Grants (CDBG)), including subpart K of these regulations, except
that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities
described in 24 CFR 570.604; (2) the SUBRECIPIENT does not assume the recipient's
responsibility for initiating tile review process under tile provisions of 24 CFR Part 52-, (3) the
SUBRECIPIENT is required to follow federal PI'Mirement process; and (4) for Developers,
I-CVC11LIe generated is not considered program income. The CDBG program was funded through the
Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply
with all other applicable laws, MgUlations, and policies governing the ftinds provided Linder this
Agreement, The SUBRECIPIENT further agrees to LitiliZC funds available under this Agreement to
supplement rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained ill this Agreement is intended to, or shall be construed in ally nianner, as creating
or establishing the relationship of employer/employce between the parties. The SUBRECIPIENT
shall at all times remain ail "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 ail independent contractor,
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that siteh
amendments make specific reference to this Agreement, and are exectited ill writing, signed by a
duly authorized representative of each organization, and approved by the COUNTY'S governing
body. Such amendirtertts shall not invalidate this Agreement, nor relieve or release the COUNTY
or SUBRECIPIENT from its obligations under this Agreement,
The COUNTY may, ill its discretion, amend this Agreement to conform with Federal, State, or
Local governmental guidelines, policies, and available funding amounts, or for other reasons. If
such amendments reSLIlt in a change in the funding, the scope of services, or schedule of the
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activities to be undertaken as part of this Agreement, SLICII modifications will be incorporated only
by written amendment, signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The pat -ties acknowledge that the Funds originate frorn HUD CDBG grant fluids and must be
implemented in full compliance with all of HUD's rules and regulations and any agreement
between COUNTY and HUD governing CDBG ffinds pertaining to this Agreement. III tile event
of curtailment or non -production of said federal funds, or the reduction of ffinds awarded by HUD
to Collier County, to a level determined by the County Manager to be insufficient to adequately
administer the project, the financial sources necessary to Continue to pay the SUBRECIPIENT all
or any portion of the funds will not be available. III either event, the COUNTY may terminate this
Agreement, which termination shall be effective as of the date that it is determined by the County
Manager or des ignee, in his/hersole discretion andjudgment, thattliefunds are no longer available.
In the event of such termination, the SUBRECIPIENT agrees that it will not look to, not, seek to
]told 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 frorn any further liability to SUBRECIPIENT under the terms of this Agreement.
3.6 INDEMNIFICATION
To the maximuni extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless the COUNTY, its officers, agents, and employees from any and all clainis, liabilities,
darnages, losses, costs, and causes of action which may arise out of all act or ornission, including
but not limited to, reasonable attorneys' fees and paralegals' fees, to tile extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or ally 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 all indemnified
party or person described in this paragraph. The SUBRECIPIENT shall pay all clairns and losses
of any nature whatsoever in connection therewith and sliall 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 ally incident arising from the sole negligence of COUNTY, The
foregoing indemnification shall not constitute a waiver of sovereign immunity beyond tile limits
set forth in Section 768.28, Florida Statutes. This section shall survive the expiration of termination
of this Agreement.
3.7 GRANTEE RECOGNITION/SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of tile sponsorships of the Program, research reports, and similar
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public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on
behalf of, and/or about the Program shall include the statement:
"FINANCED IN PART 13Y 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 disserninate key information regarding the development tearn, as well as
Equal Housing Opportunity, to the general public. Construction signs shall comply with applicable
COUNTY codes,
3.8 DEFAULTS, RE, MEDIES, AND TERMINATION
In accordance with 2 CFR 200.339, this Agreement may also be terminated for convenience by
cither the COUNTY or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for
Stich termination, the effective date, and, in the case of partial terminations, the portion to be
terminated. However, if in the case of a partial termination, the COUNTY determines that the
remaining portion of the award will not accomplish the purpose for which the award was made, the
COUNTY may terminate the award in its entirety.
The following actions or inactions by SUBRECIPIENT shall constitute a Default tinder this
Agreement, in compliance with 2 CFR 200, Appendix 11 (A):
A. Failure to comply with any of the rules, regulations, Or provisions referred to herein, or
Such StattItCS, regulations, executive orders, and I -IUD guidelines, policies, or directives as
may become applicable at any time.
B. Failure, for any reason, of the SUBRECIPIENTto fulfill in a timely and proper mariner its
obligations tinder this Agreement.
C. Ineffective or improper use of funds provided under this Agreement.
D. Submission of reports that are incorrect or incomplete in any material respect by the
SUBRECIPI ENT to the COUNTY.
E. Submission of any false certification by the SUBRECIPIENT.
F. Failtire 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 the SUBRECIPIENT relating to the project,
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In the event of any default by SUBRECIPIENT under this Agreement, tile COUNTY may seek any
combination of one oi- more of the following remedies, in compliance with 2 CFR 200, Appendix
l 1 (13):
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 immediate repayment to tile COUNTY of all CDBG ftinds that SUBRECIPIENT
has 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. Tcrminatc this Agreement by givingwritten notice to SUBRECIPIENT of such termination
and specifying the effective date of such termination. If the Agreement is terminated by the
COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or clairn
of benefit for any incomplete project activities Undertaken Under this Agreement,
3.9 REVERSION OF ASSETS
In the event of a termination of this Agreement and in addition to any atid all other remedies
available to the COUNTY (whether undcr this Agreement, or at law, or in equity), tile
SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of
termination (or expiration) and any accounts receivable attributable to the Use of CDBG funds, per
24 CFR 570.503(b)(7).
The COUNTY's receipt of aily funds on hand at tile time of termination Shall not waive the
COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the
funds or property, as the COUNTY may deem necessary. Regulations regarding real property are
subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7).
3.10 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, at all times, during SUBRECIPIENT's performance under the
Agreement.
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3.11 ADMINISTRATIVE REQUIREMENTS
The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget
and the Scope of Work (Part 1), the Uniform Administrative Requirements, Cost Principles and
Audit ReqUirC111elItS for Federal Awards (2 CFR 200 et seq), and the federal regulations for the
Community Development Block Grant (24 CFR 570 et seq.),
3.12 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through
.326) and Collier County's Procurement Ordinance 92017-08, as amended. Current purchasing
thresholds are:
Range:
Competition Required
$0-$3,000
Single Quote with docurnentation
$3,001 - $50,000
3 Written Quotes
$50,001+
Formal Solicitation (ITI3, RFP, etc.)
All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding, Linder a procedure acceptable to the
COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts for
improvements with the lowest, responsible, and qualified bidder. In accordance with 2 CFR
200.322, SUBRECIPIENT shall procure items that contain the highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level of completion. Contract
administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have
access to all records and documents related to the project.
3.13 PROGRAM GENERATED INCOME
No Prograin Income is anticipated. In the event Program Income is derived froill the use of CDBG
fLinds disbursed under this Agreement, such Program income shall be utilized by the
SUBRECIPIENT for CDBG-eligible activities, approved by COUNTY. Any "Prograin Inconie"
(as such term is defined under applicable Federal regulations) gained from any activity of the
SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through all annual
prograrn income re -use plan, utilized by the SUBRECIPIENT accordingly, and shall be in
compliance Avith 2 CFR 200.307 and 24 CFR 570.503(c) in tile operation of tile Program. When
progi-ain income is generated by an activity that is only pai-tially assisted with CDBG ffinds,
tile income shall be lworated to reflect the pei-centage of CD13G funds used. In the event there
is a prograin inconic balance at the end of the Program Year, such balance shall revert to the
COUNTY's Community Block Grant Prograin, for further reallocation,
Public Facilities and Improvements: Public facilities that are acquired, constructed, rehabilitated,
or otherwise improved with CDBG funds are subject to this requirement, This includes parks
libraries, C0111111LInity MIM-S, and any other facility whose primary purpose is a public one. For
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these facilities, prograin income is the incorne generated by the use of the facility, less the operating
costs associated with generating the income. The COUNTY considers utilities, property insurance,
and facility maintenance to be operating costs that should be subtracted fi-om revenue to determine
net prograin incorne. For cacti funded project, tile SUBRECIPIENT must submit a list of proposed
costs incidental to the generation of the program income for tile COUNTY's approval.
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 nicet one of the CDBG National Objectives
pursuant to 24 CFR 570.208, during the continued use period, as referenced in section 3.14 (Grant
Closeout Procedures) of this Agreement. If tile SUBRECIPIENT sells, transfers, disposes of, or
otherwise fails to continue to use the CDBG-assisted real property in a manner th�t mects a CDBG
National Objective, the SUBRECIPIENT shall pay the COUNTY all amount equal to a percentage
of the current fail- market value of the property, after subtracting disposal costs. Such percentage
shall have as its basis, the percentage of the appraised value attributable to CDBG and non-CD130
ftinds expended for the original acquisition of, or improvement to, the property under the ternis of
this Agreement, Such payment shall constitute prograin income to the COUNTY.
3.14 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closcout requirements are
completed. The SUBRECIPIENT may close out the project with the COUNTY after the five (5)
year Continued use period has been niet (for public services, "after the expiration of the
Agreement"). The continued use period shall commence with the later of the SUBRECIPIENT
meeting the National Objective or the recording of lien and/or deed restriction documentation).
Activities during this closeout period shall include, but are not limited to making final payments,
disposing of prograrn assets (including the return of all unused materials, equipment, prograin
income balances, and receivable accounts to tile COUNTY), and determining tile custodianship of
records, In addition to the records retentiOn Outlined in Part 2,2, the SUBRECIPIENT shall comply
Nvith Section 119.02 1, Florida Statutes regarding records maintenance, preservation, and retention.
A conflict between state and federal law records retention requirements will result in tile more
stringent law being applied, such that the record niust be field for the longer duration. Ally balance
of unobligated funds that have been advanced or paid must be returned to the COUNTY. Any funds
paid exceeding tile aniount SUBRECIPIENT is entitled to under the tenns and conditions of this
Agreement must be refunded to the COUNTY, SUBRECIPIENT shall also produce records and
information complying with Section 215,97, Florida Single. Audit Act, Closeout procedures raust
take place in accordance Nvith 2 CFR 200,343,
3J5 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected
to, discrimination under any activity carried out by the performance of this Agreement oil the basis
of 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.
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To the greatest extent feasible, lower -income residents of the project areas shall be given
Opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section
3 of the Housing and Community Development Act of 1968.
3.16 OPPORTUNITTIES FOR SMALL AND MINORITY[WOMEN OWNED BUSINESS
FOR L F1 01-02 -ft W W I
Tile SUBRECIPIENT will use its best efforts to afford small businesses, minority business
enterprises, and women's business enterprises the maximum practicable opportunity to participate
in the performance of this Agreement. As used in this Agreement, the term "small business" means
a business that mects the criteria set forth in section 3(a) of the Small Business Act, as amended
(15 U.S.C. 632), and "minority and wonien's business enterprise" mcans a business at least 51
percent owned and controlled by minority group members or women. For the purpose of this
definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed
or Spanish -heritage Americans, Asian -Americans, and American Indians. The SUBRECIPIENT
may rely on written representations by businesses regarding their status as minority and female
business enterprises in lieu of an independent investigation.
3.17 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 inconic eligibility is based on the annual income of the family 01- household. This
Agreement conforms to the.definition of AnIlUal Income, per 24 CFR 570,3(l)(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 i11StrLICtiO11S. 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 numicipalities 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
3.18 AFFIRMATIVE ACTION
The SUBRECIPIENT agrees that it shall be committed to carry out, pursuant to the COUNTY's
specifications, an Affirmative Action Program, in keeping with the principles as provided in
Prcsident's. Executive Order 11246 of September 24, 1966. The COUNTY shall provide
Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program.
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The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to
the award of funds. The Affirmative Action will need to be updated thr0LIghOUt the continued LISe
period and must be submitted to the COUNTY within 30 days of update/modificatioti.
3.19 CONFLICT OF INTERE ST
The SUBRECIPIENT covenants that no persoii under its employ, who presently exercises any
functions or responsibilities in connection with the Project, has any personal financial interest,
direct or itidirect, in the Project areas or any parcels therein, whieh would conflict in any manner
or degree with the performance of this Agreement, and that no person having any conflict of interest
shall be employed by or subcontracted by SUBRECIPIENT. The SUBRECIPIENT covenants that
it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", 2 CFR 2003 18, and
the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest,
The SUBRECIPIU-.NT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person, or an entity
owned or controlled in whole or in part by the SUBRECIPIENT, The COUNTY may review the
proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval
of an identity of interest contract will be in the COUNTY's sole discretion, This provision is not
intended to limit SUBRECIPIENT's ability to self -manage the projects using its own employees.
Any possible conflict of interest on the part of the SUBRECIPIENT, its eniployecs, 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 inipede the statLItOry reqUirement that
maxinium opportunity be provided for employment of and participation of low- and moderate -
income residents of the project target area.
3.20 RELIGIOUS ORGANIZATIONS
CDBG ftinds 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). The
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows:
A� It will not discriminate against any employee or applicant for employment on the basis of
religion and will not lim it employment or give preference in employment to persons on the
basis of religion.
B. It will not discriminate against any person applying for pUblic Services on tile basis of
religion and will not linlit such services or give preference to persons on the basis of
religion.
C. It will retain its independence from Federal, State, and Local governments and 111ay
continue to carry ont its mission, including the definition, practice, and expression of its
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religious beliefs, provided it does not use direct CDBG funds to support any inherently
religious activities, such as worship, rCligiOLIS inStllldi0n, Or PrOSO]ytiZillg.
D. The funds shall iiot be used for the acquiSiti011, COnStrLICtiOn, 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 ftinds may not
exceed the cost of those portions of the acquisition, construction, Or rchabilitation that are
attribLitable to eligible activities iii accordance with the cost accounting requirements
applicable to CDBG funds in this part, Sanctuaries, chapels, or other roonis that a CDBG
funded religious congregation uses as its principal place of worship, however, are ineligible
for CDBG funded improvellielits.
3.21 INCIDENT RE PORTING
If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any
subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect,
or exploitation of a child, aged person, or disabled adult.
3,22 SE VERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as anlended- All tile regulations regarding the CDBG program
littl)s://www.cefi-.gov/cgi-biii/text-idx?ti)]=/ecfi-bi-owse/Title24/24cft-570 main 02.t)]
A-
4.2 24 CFR 58 - The 1'egLIlatioils prescribing the Environmental Review procedure.
littps://www.ecfi-.gov/cgi-biji/text-
idx?SID=Iacdb92f3bO5c3f285dd76c26d 14f54e&iiic=ti-tie&tiode=pt24.1,58&i,p-ii=divS
4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended
littps://www,litid,gov/l)rogi-aiii offices/cornm pl an n i ng/com In tin i1yd eve lopill ent/ru lesa ndregs/l aw
s/see5309
4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing
Act. 11ttpS://WWW.11Lid.gov/sites/dociiiiiejits/DOC 777 LPQF
lltt])S://WWW.iLlStiCC.90V/C]'t/fRil'-flOttSillg-aCt-I
Executive Order 11063 — Equal Opportunity in Housing littps://w%vNv.al-Cilives.gov/fedoi-al-
i'e�y,istei'/codification/exceLitive-order/1 1063.1itnil
Executive Order 11259 - Leadership & Coordination of Fair Housing ill Federal Programs
https://www,areiiives,gov/federal-i'eL),istei-/codificati011/eXeCL[tive-oi-de��/12259.litiiil
24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing tinder E.O.
littps://www.law.cortieIl,edti/efi-/text/24/pai-t- 107
4.5 Title V1 of the Civil Rights Act of 1964 as amended, Title Vill of the Civil Rights Act of 1968, as
amended littps://Av),�,NN,.Iitid.v-ov/pi-ogi-atildesci,iptioii/title6
4.6 24 CFR 570,601 Subpart K - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and Promotes equal opportunity ill 11OLISillg.
litti)s://www.�y,po.�,,ov/fdsys/pk�l/CFR-2007-tit[e24-vol3/pdf/CFR-2007-titic24-vol3-sec570-
602.pdf
4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations. EO 11246:
littps://�vwNA,.dol.gov/a�4ellCiCS/OfCCP/CXCCLItive-ot-dei-- 1124 6/as-am elided
EO H 375 and 12086: see item #8 below
4,8 Title V11 of the 1968 Civil Rights Act as amended by tile EqUal Employment Opportunity Act of
1972, 42 USC § 2000c, et, seq, The SUBRECIPIENT will, in all solicitations or ad veiliseme tits for
employees placed by Or oil behalf of tile SUBRECIPIENT, state that it is an Equal Opportunity or
Affirmative Action employer.
littl)s://www,litid,i�,ov/pi-ogi-aiiidescrii)tioil/title6
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4.9 24 CFR 135 — RegUlatiOnS OLItlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as ailiended. Compliance with the provisions of Section 3 of the HUD
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Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all
r-
applicable ruics and orders issued hereunder prior to tile eXeCLIti011 of this Agreement, sliall be a (D
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condition of the Federal financial assistance provided under this Agreement and binding upon the
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COUNTY, the SUBRECIPIENT and any of tile SUBRECIPIENT's Subrecipients and E
subcontractors. FailUre to fUlfitl 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 I -IUD 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 trainillg 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 locatpd."
The SUBRECMENT 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 �vhieli the CDBG-fLindcd
project is located; where feasible, priority Sl1OLIld be given to low- and very low-income persons
within tile service area of the project or the neighborhood in which the project is located, and to
low- and very low- incorne. participants in other HUD prograrns; and award contracts for work
undertaken in connection with a liousing rehabilitation (including reduction and abatement of lead -
based paint hazards), housing construction, or other public construction project to business
concerns that provide econornic 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 opportLillitieS to low- and very lo-w-
inconic residents within tile service area or the neighborhood in which the project is located, and to
low- and very low-income participants in other HUD programs,
littl)s://www.litid.gov/sites/dociiiiietits/DOC 12047.PDF
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
iittps://www.cefr.gov/c.u�i-biti/text-idx?c�cefi-&tpl=/cefi-bi-owsc/Title24/24efi-135 main 02.tp]
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4.10 Age Discrimination Act of 1975, Executive Order 11063, and EXeCL1tiVe Order 11246 as aniended
by Executive Orders 11375, 11478, 12107 and 12086,
A e Discrimination Act of 1975
9
littps://www.laNv.cot-iiell.edLI/Liscode/text/42/cliapter-7 (D
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11246: littns://www,dol.gov/ofeep/i,egs/stattites/col 1246.1itin r-
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11375: Amended by EO 11478 E
11478: littps;//www.ai'clii.ves.gov/fedei'al-i'egistet-/codificatioii/execLitive-ot-dei-/I 1478.1itnil
12107: littps://www.ai-ciiives.gov/feclei-al-registei-/codificatioii/exectitive-ot-der/12107,littiii
U-
12086: https://www, arch ives, gov/fed era I - re g ister/cod ifi cation/exectiti v e-ord er/ 120 86, h tni I
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
https://www,dol,gov/wlid/t-e�YS/StatLIteS/SafeO I.pdf
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570,614 Subpart K,
Section 504: litips://www.ei),t,gov/oc
29 USC 776: littps://law.oiicelc.cojii/tiscode/29/776.litiii 1
24 CFR 570.614: littps:HN�N,ww.law.coi'tiel1.edLI/cft�/text/24/570.6 14
4.13 The Americans with Disabilities Act of 1990: .. littps://www...Iltld.gov/iiudpi-ogi�aiii.s/eoli "da
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
https://www,fliwa.dot.gov/real estate/uniforni act/index,cf1ii
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:
littps:lltiscodc.])ouse.gov/vic�v.xlitiiii?i-eq=gi-atitiloid:USC-1999-titic4O-sectioii276a-
7&num=0&cdition= 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
littps://i�,Nv%v.law.coi-iiell.edti/cft�/text/29/pait-3
29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed
and Assisted Constrl.Mi011 (Also, Labor Standards Provision Applicable Subject to the Contract
Work Hours and Safety Standards Act)
littps:Hw,A,w,law.coriiell.edLi/efr/text/29/i3at-t-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally
assisted projects. https://ivAvw.pi-esideiicy.tiesb.edti/ws/itidex.plil)?pid=23675
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4.16 As a supplement to the Davis-Bacort 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/lier compensation, under
the federal ly- fund ed contract.
18 U,S,C. 874 h ttps: //www. gov i n fo, goy/content/12WU SC ODE-20 10- tit] c I 8/pd f/USC 0 DE-20 10-
title I 8.pd
40 U.S.C, 276c liftps://tiscode.liotise,gov/view,xtittiil?i-eq=gi-aiitileid:USC- 1999-titic4O-
s etio11276c&iiiiiii�0&editioit�1999
4.17 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 - which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise,
littps:Hw�vw.areiiives,gov/fedei-al-i�egister/codiricatioi)/exectitive-oi-dei�/1 1625.1itnil
4.18 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as
revised by Executive Order 13279. The applicable nort-discrimination provisions in Section 109
of the HCDA are still applicable.
24 CFR 570.607:
https://www.ecfr.jzov/c�,,i-biii/text-
idx?S1D=9eae3f8eaa99lf04l lf383b74003bcbl&iiic=ti-tic&iiode�--pt24.3.570&t-gt)=div5#sc24.3,5
70 1607
E.0, 13279: litti)://www.fedgovcoiitt'acts.coiii/peO2-96.litiii
4.19 PLiblic Law 100-430 - the Fair Housing Amend nie tits Act of 1988.
littps://wwiv.iic.bi.111111.11ill.,E,'C)V/pLibiiied/12289709
4.20 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
littps://w�vNv.ccfi-,Rov/cgi-biti/text-idx?t])I��/er,fi,browse/TitleO2/2cfi-200 main 02.tpl
4.21 Immigration Reform and Control Act of 1986
littps:Hwww,eeoc,�y,ov/eeoc/Ilistoj,y/35tli/tlielaw/ii,ea,littiiI
4.22 Prohibition of Gifts to COUNTY Employees - No organization or individual sliall offer or give,
cither directly or indirectly, any favor, gift, loan, fee, service, or other itern of value to arty
COUNTY employee, as set forth in Chapter If 2, Part 111, Florida StatUteS, Collier County Ethics
Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311.
Florida Statutes-
littps://NvNvNv.lawsei'vei-.com/laNv/state/floi-ida/statkites/florida statutes chapter 112 part iii
Collier Comity-
littp://www.colliei-gov,iiet/holiie/slioNvdocuiiient?id�35137
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4.23 Order of Precedence -I n theeventofanyconflict between oraniongthe terms of any of the Contract
DOCLIIIICIItS, the terms of the Agreerrient 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 tile extent any conflict in the terms of the Contract Documents cannot be resolved
by application Of tile SUpplernental 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 Owners discretion.
4.24 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),
4.25 Dispute Resolution - Prior to the initiation of an), action or proceeding permitted by this Agreement
to resolve diSpUtes between the parties, the pat -ties 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 tile commencement of
depositions in an), litigation between the parties arising out of this Agreement, the parties shall
allejiipt to resolve the diSpUtC thrOUgh Mediation before an agreed -upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order reqUiring mediation under § 44.102, Florida
Statutes. The litigatioiiii,isitigotitoft[iisAgreciiietitsliali beadjudicated i n Coll ier 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,
htti)s://www.flsciiate.gov/LaNvs/Stattites/2012/44,102
4.26 The SUBRECIPIENT agrees to comply with the following reqUirenlentS:
a. Clean Air Act, 41 USC 7401, et seq. littps://www...govi.lifo.gov/coiiteiit/pkp USCODE-
2010-titic42/litiiil/USCODE-2010-title42-cliap85.htiii
littps,://www.law.coi-tielI.edLI/Llscode/text/42/cliaptei'-85
b, Federal Water Pollution Control Act, 33 USC 1251, ct seq,, as amended,
hitps://www.p-oviiifo.j4ov/cotiteiit/pkg/USCODE-201 1-title33/pdf/USCODE-201 I-tit1q33-
chap26,pdf
littps://ww�v,[aNv,coi-iiell,edti/tiscode/text/33/cliapter-26
4.27 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
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Insurance Program is Obtained and niaintained. 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.
littps://www.law.coi,iiel1.edii/cfi�/text/24/570.605
4.28 The SUBRECIPIENT agrees that any constrLICtiO11 or rehabilitation of residential structures with
assistance provided under this Agreement shall be SUbject to the HUD Lead- Based Paint Poisoning
Prevontion Act, found at 24 CFR 570,608, Subpart K. littl)s://www, &V 0, goy/fd sys/gra nil le/CFR-
2000-tit]c24-vol3/CFR-2000-tit]c24-vol3-sec570-608-id 163
4.29 The SUBRECIPIENT agrees to comply with the Historic Preservation reqUirementS set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this Agreement.
littps://www,iips.�,yov/liistor),/Iocal-law/tilipat 966.1itin
littl)s://www.aclip,gov/sites/defatilt/files/regtilations/2017-02/i-egs-revO4,pdfln general, this
requires concurrence from the State Historic Preservation Officer for all rehabilitation and
demolition of historic properties that are fifty years old or older or that are included on a Federal,
State or Local historic property list.
https://www.iips.p�ov/liistoiy/local-law/tilil)a I 966.1itin
4.30 The SUBRECIPIENT must certify that it will provide drug -free workplaces, in accordance with
the Drug -Free Workplace Act of 1988 (41 USC 70 1).
littps:Hw�vw.gpo.gov/fdsys/p,i-aiiLile/USCODE-2009-title4l/USCODF,-2009-titte4l-cliaplO-
sec701
4.31 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarnient, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not
knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from participating in this covered transaction as outlitied in 24
CFR 570,609, Subpart K.
littps://Nvww.ai,cliives.gov/fedoi-al-i-egistei-/codificatioii/execLitive-ot'dei�/12549.litiiii
4.32 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable
and agrees to adhere to the accounting principles and procedures reqUired thereirl, LitiliZe adequate
internal controls, and maintain necessary source documentation for all costs incurred. These
requirements are CriUmerated in 2 CFR 200, et seq.
4.33 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be
submitted to the COUNTY nine (9) moriths after the end of the SUBRECIPIENT's fiscal year. The
SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Sectiort 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial
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statements to the COUNTYpne hundred eighty (180) days after tile end of tile SUBRECIPIENT'S
fiscal year. Per 2 CFR 200,344, if this Agreement is closed out prior to the receipt of an audit
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report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after
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such closeout, (D
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4,34 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
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stated herein, and approved by the COUNTY in accordance with tile Uniform Relocation
Assistanceand Real PropertyAcquisition Policies Act of 1970aiid49CFR24.101, 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
L)
whole or part, with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at
24 CFR 570.505.
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littps://www.gpo,gov/fdsys/graiiLile/CFR- I 999-titte49-vol I/CFR- 1999-titte49-vol I -sec24- 101
littps:Hwww,goi,itifo,gov/apa/detaits/CFR-2012-title24-vo[3/CFR-2012-title24-vol3-sec570-505 0
0
4.35 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing any work
in ftirtherance hercof, 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 tile date hereof
This notice is required by § 287.133 (3) (a), Florida Statutes,
llttl)://WW\V.IeiZ.State.fl.Lis/Stattites/iiidex.efiii?ADr) mode=Disi)lav Statutc&Scarch Strinp-=&UR
L=0200-0299/0287/Sectioiis/0287,133.litjiiI
4.36 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 tile extension,
continuation, renewal, an-letidnient, 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 all employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
Undersigned shall complete and submit Standard Forin-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 tinder grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
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4.37 Travel reimbursement wil I be based on the U,S, General Set -vices Adm inistration (GSA) per dieni
rates in effect at the time of travel.
littps://www.gsa,gov/poi-tal/coiiteiit/I 04877
4.38 Equat access in accordance with the individual's gender identity in community planning and
development programs, per 24 CFR 5,106.
littl)S://\vww.govi-egs.cotii/regiiiatioiis/expatid/title24...pai,t5--stibpai-tA section5,106
4.39 Housing Counseling, including homeownership COL111seling or rental housing counseling, as defined
in §5. 100, required under Or provided in connection with any program administered by HUD shall
be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214
to provide housing counseling, consistent with 12 U.S.C. 1701 x, per 24 CFR 5.111
littl2s://w%vw.eefi-,j4ov/cgi-biti/text-
idx?SlD�e339ece9fdfd 1479cab67e85Oc7cddd4&tiode=24:2. 1, l,2.l0A&rgn=div6
littps://%vww.law,coi-ileI1.edti/efr/text/24/5, I I I
4.40 HUD Final RLde — 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, geiider ideiAi(y, or sCXLIal orientation, and which must be applied consistent
with all nondiscrimination and fair housing requirements.
littps://www.fedei-alrcgistci-.gov/dociiiiieiits/2016/11/16/2016-25888/violeiice-agaiiist-woiiicii-
reauth ori zati o n-act- of-2 013 - i In v I emen tat iOI1- in- 11 Ud-lious i ng-p rogyram s
4.41 Any rule or regulation determined to be applicable by HUD.
4.42 Florida Statutes 713.20, Part 1, Construction Liens
littps://www.le�4,state,fl.tis/Stattites/iiidex.cfiii?App modc=Display Statute&URLJ700-
0799/0713/0713,litnil
4.43 Florida Statutes 119,021 Records Retention
littp://www.Ie�,,,state,fl.tis/St,itiite,s/iiidex.cfiii?Api) iiiode=Displty...StatLite&URL=0100-
0199/0119/Sections/01 19.021.1itnit
4.44 Florida Statutes, 119.07 1, Contracts and Public Records
littp://www,leg,state,tl.LIS/Stattltes/itidex.efiii7App mode=Display Statute&URL=0100-
0 1 99/0119/Sectiotis/0 119.071 Aitin I
4.45 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
Nvith limited English proficiency pursuant to information located at littp://www.]CP.Rov.
4.46 Equal Treatment of Faith -Based Organizations: By regulation, DOJ/BJA prohibits all recipient
organizations from using finaticial assistance from DOJ/BJA to fund explicitly religious activities.
The SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see
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littps://o'p.gov/abotit/oci�/pat-tiiei-sliips,littii, Discrimination on the basis of religion in employment
is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on
a case -by -case basis to allow some faith -based organizations to receive DOJ/BJA funds while
taking into account religion when hiring staff, Questions in this regard should be directed to the
Office for Civil Rights.
4.47 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 I11iSUSC 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 ill unlawful employment discrimination unless use is otherwise specifically authorized by
law. See https:Hojl),RoN,/,ibotit/oci-/pdfs/UscofCotivictioii Advisory,pdffor more details.
4.48 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 an), agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of Congress
ill 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 rionfederal funds that takes
place in connection with obtaining any federal aNvard or subaNvard. Stich disclosures are forwarded
from tier to tier tip 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 tinder this Agreement shall be used for publicity or propaganda
purposes designed to Support or defeat any legislation pending before local, state, or federal
legislatures,
4.49 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any
credible evidence that a principal, employee, agent, contractor, subgrantec, subcontractor, or other
person has cither (i) submitted a false claim for grant funds under the False Claims Act or (ii)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery,
gratuity, or similar misconduct involving subaward agreement funds
4.50 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 not- any funds provided herCLInder shall be
utilized ill SUppo rt of any partisan political activities or activities for or against the election of a
candidate for an elected office.
4,51 Text Messaging: PlIrStlant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving," 74 Fecleral Register 51225 (October 1, 2009), DOJ/BJA encourages
recipients and SLibrccipients to adopt and enforce policies banning employees from text messaging
while driving any vehicle during the course of performing work funded by DOJ/BJA and to
establish workplace safety policies and conduct education, awareness, and other Outreach to
decrease crashes caused by distracted drivers,
4.52 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
RURAL NEIGHBORHOODS, INCORPORATED
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to the trafficking of persons, whether oil the part of tile SUBRECIPIENT and any employees of tile
SUBRECIPIENT. Tile details of the SUBRECIPIENT'S obligations related to prohibited conduct
related to tile trafficking of persons are posted at
littps://ojp.gov/ftilidiiig/Explore/Pi-oliibitedCotidtict-Ti-affickillg.litill.
4.53 Association of Community Organizations for Reform Now (ACORN). The SUBRECIPIENT
understands and acknowledges that it cannot use any federal ftinds, 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.
4.54 If the SUBRECIPIENT wishes to enter into a contract with a small business firill or nonprofit
organization regarding the substitution of parties, assignment, or performance of experimental,
developmental, or research work Under th is funding agreement, the SUBRECIPIENI'must comply
with the requirements of 37 CFR Part 401, "Rights ot inventions Made by Nonprofit Organizations
and Sinall Busines Firms Under Government Grants, Contracts, and Cooperative Agreements," and
any implementing regulations issued by I -IUD.
iittl)s://www.ecfi,.Rov/cgi-
biti/reti-ievcECFR?gl2=&SID=aOO4b6bi'20934ace7a7l7dc76 I dc64c0&mc=trLIe&n�pt37.1,40 I &r
=PART&jy=J4TML
(SigIlatLIrC Page to Follow)
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CD20-01
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IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by ail
authorized person or agent., hCrel-inder set their hands and seals on the date first wi-itten above.
ATTEST:
CRYSTAL
S
C\ Tao
Dated: C(
�0 . a�an
(SEAt')
Approved as to form and legality:
JenniP&� A. Belpedio
Assistant County Attorney
Date: Q I
BOARD OFCOUNTY COMMISSIONERS OF
COLLIER CqJJNTY, FLORIDA
By:
B U /T-L�SkA U�E
2,
Date:
RURAL INTCORPORATED
By:
STEVEMKIRK. PRESIDENT
Date: 4fll-'/ 5,
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CD20-01
Esperanza Community Center
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PART V
EXHIBITS
1001,11111off.1
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339
F. Tamiaini Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that Illeets the requirements as outlined below:
I . 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 %vith 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 thall $1,000,000 per
occurretice/$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, 01- 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 amotint not less than one
hund red (100%) percent of the itISLII'able va I tie of the bLI i ld i ng(s) or structure(s). Thepolicysliall
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. 400 1),
the SUBRECIPIENT shall aSSLII'C that for activities located in ail area identified by the Federal <
RURAL NEIGHBORHOODS, INCORPORATED
CD20-01
Esperanza Community Center Page 33
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Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under
the National Flood Insurance Program is obtained and maintained, as a condition or 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
anlMlllt 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 Daniage.
10, Property Insurance coverage on art "All Risk" basis, in an amOLInt not less than one hulidred (100%)
of the replacement cost of the property. Collier COUnty 1111.1st be shown as a Loss payee, Nvith respect
to this coverage A.T.I.M.A.
I I Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full
replacement values Of the Str=ttlre(s) or the maxinium arnount 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.
RURAL NEIGHBORHOODS, INCORPORATED
CD20-01
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EXHIBIT B
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
SECTION 1: REQUEST FOR PAYMENT
SUBRECIPIENT Name: Rural Neighborhoods, Incorporated
SUBRECIPIENTAddi-ess: 19308 SW380"' Street, Florida City, FL33034
Project Name: Esperariza C01111111.111ity Center
Project No: CD20-01 Payment Request ff
Total Payment Minus Retainage
Period of Availability: 10/01/2020 through 09/30/2022
Period for which the Agency has incurred the indebtedness through
SECTION 11: STATUS OF FUNDS
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CHS Approved
1. Grant AmOLIF]t Awarded
$
$
2. Total Amount of Previous Requests
$
$
3. Amount of Today's Request (Net of Retainage, if
applicable)
$
$
4. Current Grant Bulance (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 Lis as the SUBRECIPIENT. To the best of my knowledge and belief,
all grant repirerllelltS have been followed.
Signature
Title
Authorizing Grant Coordinator
Supervisor (Approval required $15,000 and
above)
Date
ALIthorizing Grant Accountant
Division Director (Approval Required
$15,000 and above)
RURAL NEIGHBORHOODS, INCORPORATED
CO20-01
Esperanza Commurifty Center Page 35
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EXHIBIT C
QUARTERLY PERFORMANCE REPORT DATA
GENERAL -COUNTY is reqUired to.submit to HUD, through the Integrated DisbUrsement and Informatioll
System (IDIS) Performance Reports, The COUNTY reports information on a quarterly basis. To facilitate
in the preparation of such reports, SUBRECIPIENT sliall submit the information contained herein withili
ten (10) days of the end of each calendar parter. At COUNTY's discretion, SUBRECIPTENT may be
required to enter the information collected on this exhibit into an online grant management system.
Agency Narne:
Date:
Project Title:
IDIS #:
Program Contact:
Telephone Number:
Activity Reporting Period
Report Due Date
October I " — December 3 1 11
January 10"'
January I" —March 3 1
April 101h
Apri I V — June 3 0111
JLIIy 10
July I't—Septernbei-301"_
October 1011,
REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period):
12/31/ 3/31/ 6/30/ 9/30/
Please note: The CDBG/HOME/ESG Program year begins October 1, 2020 — September 30, 20—. Each quarterly report
mimf include, P.11111111.9tivo, dAtfl hoviniflwy frnm thnoRrt nf thp. nt-norAin w-ar Ortnhor 1 ')(11(1 1
1.
Plea e list the outcome goal(s) from your approved application and SUBRECIPIENT.Agreenient and indicate your
progress in incoing those goals since October 1, 2020.
a�
Outcome Goals: list the outcome goal(s) fi-orn yourqpEi oved application and SUBRECIPIENT Agreement
Uutcome 1: Obtain buildina permits and pay impac
Outcome 2: Complete COIISCI'LlCtiOn
Outcome 3: Meet National Obleaive of LMA
b. Goal Progress: Indicate the progress to date in me�_eti
Outcome 1:
OLItcome 2:
OLItcoine 3:
Fee s.
each outcorne Roal.
1 2. 1 Is this pr�ject still in compliance with the original P.1-9ject schedule: Yes No
I If No. Exiflain: I
3. Sitice October 1, 2019; of the persons assisted, how niany...
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
[jL_
What Funding sources did the SUBRECIPIENT apply for this criod?
Section 108 Loan Guarantce
$
CDBG
$
Other Consolidated Plan Ftinds
$
HOME
$
Other Federal Funds
ESG
$
HOPWA
$
$
Total Entitlenient
Funds
RURAL NEIGHBORHOODS, INCORPORATED
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5.
What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if
applicable? Answer question 5a or 5b; NOT both
For LMC activities: people, race/ethnicity, and incorne data are reported by persons.
For LMH activities: households, race/ethnicity, and incorne level are reported by households, regardless
the number of persons in the houschold.
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
Total No, of Households served
of female head of household
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
otal No Persons served under 18
(LMC)
0
YTD Total:
0
YTD Total
0
Total No. Households served (LMH)
0
Total No. feniale head of household (LMI-1)
0
YTD Total
0
YTD Total
0
Complete EITHER question 7 or 8, NOT both
Complete question 7a ind 7b, if your program 2L�ly serves clients in one or more of the listed HUD Presumed
Benefit categories.
L
PRESUMED BENEFICIARY DATA ONLY:
PRESUMED BENEFICIARY DATA ONLY
(LMC) Quarter
(LMC) YTD
Indicate the total number of UNDUPLICA TED persons
Indicale the total IlUmber of UNDUPLICATED
served this quartei who fall into each presumed benefit
persons served since October I who fall into each
category (the total should equal the total in question 96a
PrMuned benefit category (the total shoulat equal the
oi- 6b):
total in question 96a or 6b):
a
Presumed Benefit Activities OnI (LMC) QTR
b
Presumed Benefit Activities Only (LMC) TD
0
Abused Children
E Ll
0
Abused Children
ELI
0
Homeless
ELI
0
Homeless Person
ELI
Person
0
Migrant Farm
LI
0
Migrant Farm Workers
Ll
Workers
0
Battered
LI
0
Battered Spouses
Ll
Spouses
0
Persons
LI
0
Persons w/HIV/AIDS
Ll
w/H1V/AIDS
0
Elderly Persons
Ll or MOD
0
Elderly Persons
LI or
MOD
0
Illiterate Adults
Ll
0
Illiterate Adults
Ll
0
Severely
LI
0
Severely Disabled Adults
LI
Disabled Adults
0
Quarter Tota
0
YTD Total
Complete question 8a and 8b if any client in y ur progra 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 IlUmber of UNDUPLICATED
served this Quarter who fall into each income category
persons served since October I (YTD) who fall into
(the total should equal the total in quest ion #6):
each incorne category (the total should equal the total
in question #0):
RURAL NEIGHBORHOODS, INCORPORATED
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19.
a
ELI
Extremely Low Income (0-30%)
0
b
ELI
Extremely Low
I ncome (0-30%)
0
LI
Low Income (31-50%)
0
1
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
I Income (>80%)
0
1
1 Quarter Total
1 0
1
YTD T
Is this prc�ject in a Low/Mod Area (LMA)?
YES
NO
I
Was project completed this quarter?
YES
NO
Ifyes, complete all ofthis section 9,
Date project completed
Block Group
Census Tract
Total Benericiaries
Lo%v/Mod
Beneficiaries
Lo%v/Mod Percentage
0
0
0
0
0
Date LMA Narrative approved by CI -IS?
What documentation supports projject completion? (i.e.,
Certificate of Completion or Certif icate 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 colunm
Hispan 1c. (Total Race colunm should equal the total in
should equal the total in question 6)
question 6.)
a.
RACE
ETHNICITY
b.
RACE
ETHNICITY
/HISPANIC
MISPANIC
White
0
0
White
0
0
Black/African American
0
0
Black/African American
0
0
Asian
0
0
Ashin
0
0
American Indian/Alaska Native
P
0
American Indian/Alaska
0
0
Native
Native I-lawaiian/Other Pacific Islander
0
0
Native Hawaflan/004 Pacific
0
0
Islander
Black/African American & White
0
0
Black/African American &
0
0
White
American Indimi/Alaska Native &
0
0
American Indian/Alaska
0
0
Black/Affican American
Native & Black/Affican
American
Other Multi -racial
0
0
Other Multi -racial
0
0
0
0
0 1
Name:
Signature:
Title:
Your typed iiante liere represents j,ojIr electronic sigilattti,e
RURAL NEIGHBORHOODS, INCORPORATED
CD20-01
Esperanza Commurilty Center Page 38
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EXHIBIT D
INCOME CERTIFICATION
INSTRUCTIONS
Complete form, and retain appropriate supporting documentation, to document providing CDBG
assistance to an eligible beneficiary. Please file 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
froin Assets
1
2
3
4
5
6
7
8
0.00
Total Cash Value of Assets 13(a)
0.00
Total Income from Assets BN
0.00
If line B(a) is greater flian $5,000, mtiltiply that amount by the rate specified
by HUD (applicable rate 0.06%) and ClAtCr rCSLIltS in B(e), otlierwise leave
blatik� B(c)
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C. Anticipated Annual Income: Includes Uneanied Income and Suppol-t Paid oil
Behalf of Minot-s
Membej-
wages
Benefits
Public—
othej�
salal'ies
Pensions
Assistance
Income
(include tips,
Asset
Coll) In issions,
Income
bollilses, arld
ovel'thile)
(F titer the
I
greater of
2
box B(b) or
3
box 13(c),
4
above, in
box C(c)
5
below)
6
7
8
Totals
(a)
(b)
(c)
(d)
(e)
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. l/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 h-Lie
and complete to the best Of Illy/OUr knowledge and belief and are given under penalty orpeijury.
WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations
concerning income and assets or liabilities relating to financial condition is a misdemeanor of tile
first degree and is punishable by fines and imprisonment provided under S. 775.082 and 775,083.
Sigllaftlre 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
RURAL NEIGHBORHOODS, INCORPORATED
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E. CDBG Gi-antee Statement: Based oil the representations herein, the family Or individual(s)
named in Item A of this Income Certification Ware eligible under the provisions of the
CDBG Program, The family or individual(s) constitute(s) a:
Extremely Low Income (ELI) Household mearts and individual or family whose annual income
does not exceed 30/50111 of the Very Low Income (60 percent of VLI) percent of tile area niediall
income as determined by the U.S. Department of Housing and Urban Development with
adjustments f0rhOLISChOld size, (Maximum Income Limit $
Very Low Income (VLI) Household means and individual or family whose allIlLial income does
not exceed 50 percent of the area median income as determined by the U.S. Department Of 1101.18ing
and Urban Development with adjustments fOr 1101.1sehold size.
(Maxinium Income Limit $ )I
F-1 Low Income (LI) HOLIsehold mearts 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 N-vith adjustments for household size.
(Maximum Income Limit $
Based upon the (year) income firnits for the Naples -Marco Island Metropolitan
Statistical Area (MSA) of Collier COLInty, Florida,
Signatum of the CDBG Administi-atoi, oi, His/Her Designated Rep resentative.
Signature
Printed Name
F. Household Data
Date
Title
N u ju be r of Pe rso iis
By Race Ethnicity By Age
Native
American
Hawaiian or
0-25
26-40
41-61
62+
Indian
Asian
Black
Other Pac.
White
Other
Islander
Hispanic
Non-
Hispatiic
NOTE: Information concei-ning the iwte m, ethnicil)� of the occupants is beinggathei-ecIfoi, statistical
use onlj� No beneficiaiy is mquimd to give such infbivivation he oi� she desh-es to clo so, and i�efusal
to give such infbi�mafion will not affect any Hghl lie oi- she has to the CDBGpi-ogmun,
RURAL NEIGHBORHOOD5, WCORPORATED
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EXHIBIT E
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.331 requires Collier County to monitor subreciplents of federal awards to determine
subreciplents are compliant with established audit requirements (Subpart F). Accordingly, Collier County require
that all appropriate documentation is provided regarding your organization's compliance. In determining Feder,
awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when th
activity related to the Federal award occurs, including any Federal award provided by Collier County, Th
determination of amounts of Federal awards expended shall be in accordance with the guidelines established b
established by 2 CFR Part 200, Subpart F —Audit Requirements. This form may be used to monitor Florida Singl
Audit Act (Statute 215.97) requirements.
Subrecipient
I
Name
.
First Date of Fiscal Year (MM/DDIYY)
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
E]
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:
F� Did not exceed the expenditure threshold for'the fiscal year indicated above
F]
Q Are a for -profit organization
F-1 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
RURAL NEIGHBORHOODS, INCORPORATED
CD20_01
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FAIN #
B-21-UC-12-0016
Federal Award Date
10/1/2021
Federal Award Agency
HU D
CFDA Name
Community
Development Block
Grant
CFDA/CSFA9
14.218
Total Amount of Federal
Funds Awarded
$500,000,00
Subrecipient Name
Collier County Housing
Authority
DUNS#
040977514
FEIN
59-1490555
R&D
NA
Indirect Cost Rate
NA
Period of Performance
10/1/2021 — 4/30/2023
Fiscal Year End
9/30
Monitor End:
12/2029
AGREEMENT BETWEEN COLLIER COUNTY
AND
COLLIER COUNTY HOUSING AUTHORITY
CDBG Grant Program — Construction/Rchabilitation
by and between Collier
THIS AGREEMENT is made and entered into this dayoi'Ju..") 20A
County, a political subdivision of the State of Florida, (COUNTY) having its principal address at 3339 E
Tainiami Trail, Naples FL 34112, and Collier County Housing Authority (SUBRECIPIENT), a a public
body corporate and politic, created and existing under and by virtue of the laws of the State of
Florida,Chapter 421 having its principal office at 1800 Farm Worker Way, Immokalce, FL 34142,
WHERE, AS, 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 Fj'scal Year 2021-2022 for the CDBG
�v'-)
Program with Resolution 202 1- on June�,A 2021 — Agenda ltetjjj��")� �-; and
WHERE AS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans, the COUNTY advertised the 2021-2022 Annual
Action Plan, oil May 1, 202 1, with a 30-day Citizen Comment period from May 1, 2021 to June 1, 202 1;
and
WHERE AS, the SUBRECIPIENT has subrnitted a proposal for participation in the Collier County
CDBG program; and
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WHERE, AS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in undertaking the CDBG project — (CD-04) HVAC I nstallatlon .
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Pat -ties as follows:
PART I
SCOPE OF WORK
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required
as a condition of providing CDBG assistance, as provided herein and, as determined by Collier County
Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as
follows:
Project Name: HVAC Installation
Description of project and outcome: CHS, as an administrator of the CDBG program, will make
available FY 2021-2022 CDBG funds tip to the gross amount of $500,000,00 to Collier County
Housing Authority to fund the rehabilitation of affordable housing units in Immokalee, FL,
through the installation of Heating, Ventilation, and Air Conditioning systerns.
Project Component One: Installation of FIVAC systems in affordable housing units, in
Irnmokalce, FL
The property will be deed restricted for five (5) years Commencing on the date of initially meeting
one of the National Objectives, in accordance with 24 CFR 570.505, if applicable.
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty (60) calendar days of the execution of this Agrecincrit, the SUBRECIPIENT
must deliver, to CHS for approval, a detailed project schedule for the completion of the
project ,
B. The following resolutions and policies must be submitted within sixty (60) days of this
Agreement:
Affirmative Fair Housing Policy
Affirmative Action/Equal Opportunity Policy
Conflict of Interest Policy
Z Procurement Policy
Z Uniform Relocation Act Policy
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Sexual Harassment Policy
Section 3 Policy
Section 504/ADA Policy
Fraud, Waste, and Abuse Policy
Language Assistance and Planning Policy (LAP)
Violence Against Women Act (VAWA) Policy
LGBTQ Policy
C, Environmental Review Requirement (ERR) - No prograrn costs can be incurred until all
environmental review of the proposed project is completed and approved. Further, the
SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance
of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the
denial of any reimbursement of funds under this Agreement.
Annual Subre6pient 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 tile
Grants Coordinator, not to exceed four (4) sessions. Requests for exerription, tinder this
special condition, must be submitted to the Grant Coordinator, in writing, at least 14 days,
prior to the training.
1,2 PROJECT DETAILS
A. Project Description/Project Budget
Description
Federal Amount
Project Component 1: Installation of HVAC systerns in affordable housing units, in
Immokalee, FL
$500,000.00
Total Federal Funds;
$500,000.00
The SUBRECIPIENT will accomplish the following checked project tasks:
Pay all closing costs related to property conveyance
Maintain beneficiary income certification documentation, and provide to the COUNTY as
requested
Maintain and provide National Objective Doournentation
Provide Quarterly Reports oil National Objective and project progress
misure attendance by a representative from executive management at scheduled
partnership meetings, as requested by CHS
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Ensure attendance by SUBRECIPIENT and General Contractor at Pre -Construction
meetings, prior to SUBBRECIPIENT issuance of Notice to Proceed (NTP)
Provide monthly construction and rehabilitation progress repolls until completion of
construction or rehabilitation
Identify Lead Project Manager
Provide Site Design and Specifications
Comply with Davis -Bacon Labor Standards
Z Comply with Section 3 and maintain documentation
Z Provide certified payroll weekly throughout construction and rehabilitation
Z Comply with Uniform Relocation Act (URA), if necessary
Z Ensure applicable numbers of units are Section 504/ADA accessible
Z Ensure the applicable continued use period for the project is met
B. National Objective
The CDBG prograrn funds awarded to Collier County must benefit low -moderate income persons
(LMI), As such, the SUBRECIPIENT shall ensure that all activities and beneficiaries rneet the
definition of-,
F-1
LMA — Low/Mod Area Benefit
F]
LMC — Low/Mod Clientele Benefit
M
LMH — Low/Mod Housing Benefit
F]
LMJ — Low/Mod Job Benefit
LMA: Must document where at least 5 1 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 ineet 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 intist
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
COLLIER COUNTY HOUSING AUTHORITY
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Prograin Deliverable
Deliverable Supporting
Submission Schedule
Documentation
Special Grant Condition Policies
Policies as stated in this
Within sixty (60) days of
(Section 1. 1)
Agreement
Agreement execution
Insurance
Insurance Certificate
Within 30 days of Agreement
execution and Annually within
thirty (30) days of renewal
Detailed Project Schedule
Project Schedule
Within sixty (60) days of
Agreem lit execution
Pr9ject Plans and Specifications
Site Plans and Specifications
Prior to contruction start
Subcontractor Log
Subcontractor Log
Initially at constrUCtiOn start,
and ua terly thereafter
Progress Report
Exhi bit C
Quarterly reports; within 10
days following the end of the
uarter, Annually after closeout
Section 3 Report
Quarterly report of new hire
Quarterly; within 10 days
information
following the end of the quarter.
Annually after closeout.
Davis -Bacon Act Certified
Weekly Certified Payroll
Weekly within 7 days following
Payroll
reports, forms, and supporting
issuance of payroll cheeks
documentation
Annual Audit Monitoring
Exhibit E
Annually, within 66 days of FY
Report
end
Financial and Compliance Audit
Audit, Management Letter, and
Annually: nine (9) months after
Supporting Documentation
FY end for Single, Audit OR one
hundred eighty (180) days after
FY end
Continued Use, Certification
Continued Use Affidavit, if
Annually; for five (5) years after
applicable
meet the National Objective
Capital Needs Assessment Plan
Plan approved by the COUNTY
Initial Plan due after completion
of construction. Annually
through the period of continued
use
Program Income Reuse Plan
Plan Approved by the COUNTY
N/A
D, Payment Deliverables
Payment Deliverable
Payment Supporting Documentation
Submission Schedule
..... .. .... .... ... . .....
Project Component 1: Installation
Submission of Exhibit B and supporting
Submission of
of HVAC systems in affordable
documents, as evidenced by banking
monthly invoices,
housing units, in Inimokalce, FL
documents, completed AIA G702-1992
within 30 days of the
form, or equivalent document per
prior month,
contractor's Schedule of Values, and any
additional documents as needed.
10% retainage of the award amount or
project costs, whichever is less, will be
released upon final monitoring clearance
and meeting a National Objective.
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For clarity, the County will not withhold
10% on each payment, rather, the last
10% will only be paid as previously
specified,
Final 10 percent of award amount will be paid upon completion of final monitoring clearance and
documentation of meeting the National Objective, Failure by the SUBRECIPIENT to achieve the National
Objective will require repayment of the CDBG investment under this Agreement.
1.3 PERIOD OF PERFORMANCE
SUBRECIPIENT services shall begin on October 1, 2021 and shall end on April 30, 2023.
The County Manager or designee may extend the term of this Agreement for a period of up to 180
days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to
the SUBRECIPIENT.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available FIVE HUNDRED THOUSAND DOLLARS AND ZERO
CENTS ($500,000.00) for use by the SUBRECIPIENT, during the tenn of the Agreement
(hereinafter, shall be referred to as the "Funds").
Modification to the "Budget and Scope" may only be, made if approved in advance. Budgeted fund
shifts among line items shall not be more than 10 percent of the total funding amount and shall not
signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only
be made with Board of County Commissioners (Board) approval.
The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks, as accepted and approved by CHS,
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible
costs; and all disbursement requests must be, limited to the amount needed at the time of the request.
SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred
during the term of this Agreement. Invoices for work performed are required every month. If no
work has been performed during that month, or if SUBRECIPIENT is not yet prepared to send the
required backup, a $0 invoice is required, Explanations inay be required if two consecutive months
of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT, when requested, as
work progresses but not more frequently than once per month, Reimbursement will not occur if
SUBRECIPIENT fails to perform the minfinum level of service required by this Agreement,
Final invoices are due no later than 90 days after the end of the Agreement. Work performed during
the term of the program but not invoiced within 90 days after the end of the Agreement may not be
processed without written authorization from the Grant Coordinator.
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No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requirements, including timely submission of Performance
Deliverables contained in Section 1,2,C, Late submission of deliverables may cause payment
suspension of any open pay requests until the required deliverables are received by CHS, Except
where disputed for noncompliance, payment will be made upon reccipt of a'properly completed
invoice, and in compliance with §218.70, Florida Statutes, otherwise known as the "Local
Government Prompt Payment Act,"
1.5 COST PRINCIPLES
Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost
allowability, found at 2 CFR 200 Subpart E-Cost Principles, For the purposes of this section
(Section 1.5-Cost Principles) of the Agreement, SUBRECIPIENT is defined as described in 2 CFR
200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under this
Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed
specifically to the project(s) referenced above, as defined in 2 CFR 200.413, The SUBRECIPIENT
must provide adequate documentation for validating costs incurred. Payments to
SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the
procurement requirements provided in 2 CFR 200.318-200.327, Allowable costs incurred by
Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles, A Developer is
not subject to 2 CFR Subpart E; however, the COUNTY is subject to 2 CFR Subpart E and 11lay
impose requirements upon the Developer, to remain compliant with COUNTY's obligation to
follow 2 CFR Subpart E. The Developer will use adequate internal controls and maintain necessary
source documentation for all costs incurred and adhere to any other accounting requirements
included in this Agreement,
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, personal delivery, or sent by facsimile or other electronic incans, Any notice
dielivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and
other written communications tinder this Agreement shall be addressed to the individuals in the
capacities indicated below, unless otherwise modified by subsequent written notice.
COLLIER COUNTY ATTENTION: Grant Coordinator
Collier County Government
Community and Human Services Division
3339 E Taniiami Trail, Suite 211
Naples, Florida 34112
Erriail:
Telephone,:
COLLIER COUNTY HOUSING AUTHORITY
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SUBRECIPIENT ATTENTION: Oscar Hentschel, Executive Director
Collier County Housing Authority
1800 Farm Worker Way
Immokalee, Florida 34142
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Email: olientseliel@ccliafl.org
Telephone: (239) 657-3649
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PART 11
GRANTCONTROL
REQUIFX,MENTS
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 ail matters covered by the Agreement.
SUBRF,CIPIF,NT 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,
SUBRF,CIPIF,NT hereby agrees to obtain an annual agency audit conducted in accordance with
current COUNTY policy concerning Subrecipient audits and 2 CFR 200.SO I
The determination of Federal Award amounts expended shall be in accordance with guidelines
established by 2 CFR Part 200, Subpart F-Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570,506, to
determine compliance with the requirements of this Agreement, the CDBG Program, and all other
applicable laws and regulations. This documentation shall include but is not limited to, the
following:
A. All records required by CDBG regulations.
B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily
would be required by the COUNTY in order to perform the service.
C. SUBRECIPIFNT 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
gencrally accepted accounting principles (GAAP), procedures, and practices, which
sufficiently and properly reflect all revenues and expenditures of funds provided directly
or indirectly by this Agreement, including matching funds and Program Income. These
records shall be maintained to the extent of such detail to properly reflect all net costs,
direct and indirect labor, materials, equipment, supplies and services, and other costs and
expenses of whatever nature for which reimbursement is claimed under the provisions of
this Agreement,
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D. Upon completion of all work contemplated under this Agreement, copies of all docurnents
and records relating to this Agreement shall be surrendered to CHS, if requested. In any
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event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a
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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
E
200.334, However, if any litigation, claim, or audit is started before the expiration date of
the three (3) year period, the records will be maintained until all litigation, claim, or audit
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findings involving these records are resolved. If a SUBRECIPIENT ceases to exist after
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the closeout of this Agreement, the COUNTY shall be informed, in writing, of tile address
where the records are to be kept, as outlined in 2 CFR 200.337. The SUBRECIPIENT shall
meet all requirements for retaining public records and transfer, at no cost to COUNTY, all
public records in possession of the SUBRECIPIENT upon termination of the Agreement
and destroy any duplicate exempt or confidential public records that are exempt from
public records disclosure requirements. All records stored electronically must be provided
to the COUNTY in a format that is compatible with the COUNTY'S information 0
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technolo y systems.
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IF SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES� TO
THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-68329
3299 Tamiami Trail E, Naples FL 34112.
E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of
1931, including files containing contractor payrolls, employee interviews, Davis -Bacon
wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records
showing contractor compliance with the Contract Work Hours and Work Safety Law,
Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal
purchasing requirements and other federal requirements for grant implementation.
F. SUBRECIPIENT will be responsible, for the creation and maintenance of income eligible
files on clients served, and docurnentation that all households are eligible under fIUD
Income Guidelines, SUBRECIPIENT agrees that CHS shall be the final arbiter Oil the
SUBRECIPIENT's compliance,
G. SUBRECIPIENT shall document how compliance with the National Objective(s), as
defined in 24 CFR 570,208, and the eligibility requirement(s) under which funding has
been received were acconflislied. This includes special requirements, such as necessary and
appropriate determinations as defined in 24 CFR 570.208, income certification, and written
agreements with beneficiaries, where applicable.
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H. SUBRECIPTENT 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 frorn Single Audit) after the SUBRECIPIENT's fiscal year end. The
COUNTY will conduct an annual financial and programmatic review.
SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on -site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop
review of the activities may be conducted in lieu of an on -site visit. The continuation of this
Agreement is dependent upon satisfactory evaluations. Upon request by CHS, the
SUBRECIPIENT shall submit information and status reports required by CHS or HUD, to enable
CHS to evaluate said progress and allow for cornpletion of required reports. SUBRECIPIENT shall
allow CHS or HUD to monitor the, SUBRECIPIENT on site. Such site visits may be scheduled or
unscheduled, as determined by CHS or HUD.
COUNTY will monitor the SUBRECIPIENT'S perfort-nance in an attempt to mitigate fraud, waste,
abuse, or non-performance, based on goals and performance standards as stated with all other
applicable laws, regulations, and policies governing the funds provided under this Agreement,
further defined by 2 CFR 200,332. Substandard performance, as determined by CHS, will constitute
noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT
within a reasonable time period after being notified by CHS, Agreement suspension or termination
procedures will be initiated. SUBRECIPIENT agrees to provide HUD, tile HUD Office of Inspector
General, the General Accounting Office, the, COUNTY, or the COUNTY's internal auditor(s)
access to all records related to performance of activities in this Agreement.
2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures necessary
to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this
Agreement, and to provide for the proper and effective management of all Program and Fiscal
activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and
other significant events shall be clearly documented, and the documentation shall be readily
available for monitoring by COUNTY.
.. ........ .. . .
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SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees,
and agents for the purpose of monitoring or investigating the performance of the Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent
fraud, waste, and abuse.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this Agreement or any law or regulation to the COUNTY, or to ally
appropriate law enforcement authority, if the report is made in good faith.
2.5 CORRE CTIVE ACTION
Corrective action plans may be required for noncomplianQe, 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 contimicd compliance by Subrecipients, Developers, or any entity receiving grant funds
from CHS. The escalation policy for noncompliance is as follows:
I Initial noncompliance may result in COUNTY issuing Findings or Concerns to the
SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action
plan to CHS within 15 days following issuance of the report,
Any pay requests that have been submitted to CHS for payment will be held
until the corrective action plan has been submitted.
CHS will be available to provide Technical Assistance (TA) to
SUBRECIPIENT, as needed, in order to correct the noncompliance issue.
2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely
manner, the COUNTY may require a portion of the awarded grant funds be
returned to the COUNTY,
CHS may require upwards of 5 percent of the award amount be returned to tile
COUNTY, at the discretion of the Board.
Tile SUBRECIPIENT may be denied future consideration, as set forth ill
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 y
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amount of the CDBG investment for acquisition of the properties conveyed, to be
returned to the COUNTY,
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CHS may require upwards of 10 percent of the award amount to be returned
to the COUNTY, at the discretion of the, Board,
The SUBRECIPIENT will be considered in violation of RosolutionNo. 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 recornmendation 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 ResolutionNo. 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 RE PORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring findings identified pursuant to this
Agreement, as deemed necessary by the County Manager or designee,
During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the
COUNTY on the I Oth day of January, April, July, and October, respectively, for the prior quarter
period end, As part of the report submitted in October, the SUBRECIPIENT agrees to include a
comprehensive final report covering the agreed -upon Program objectives, activities, and
expenditures including but not limited to, performance data on client feedback with respect to the
goals and objectives set forth in Exhibit C, which contains an example reporting form to be used in
fulfillment of this requirement. Other reporting requirements may be required by the County
Manager or designee if the, Prograrn changes, the need for additional information or documentation
arises, and/or legislative amendments are enacted. Reports and/or requested documentation not
received by the due date shall be considered delinquent and may be cause for default and
termination of this Agreement.
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment.
3.2 GENERAL COMPLIANCE
Tile SUBRECIPIENT agrees to comply with tile 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 assurne, 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. Tile CDBG program was funded through the Housing and Community
Development Aot of 1974, The SUBRECIPIENT also agrees to comply with all other applicable
laws, regulations, and policies governing the funds provided under this Agreement, The
SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement
rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating
or establishing the relationship of employer/employee between tile parties. The SUBRECIPIENT
shall always remain an "independent contractor"with respect to the services to be performed under
this Agreement. The COUNTY shall be exempt from payment of all Unemployment
Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation
Insurance, as the SUBRECIPIENT is independent from the COUNTY.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a
duly authorized representative of each organization, and approved by the Board. Such amendments
shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from
its obligations under this Agreement.
The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or
Local governmental guidelines, policies, available, funding amounts, or for other reasons. If such
amendments result in a change in tile funding, the scope of services, or schedule of the activities to
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be undertaken as part of this Agreement, such modifications will be incorporated only by written
amendment, signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate frorn 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 ITUD governing CDBG funds pertaining to this Agreement. In tile event
of curtailment or non -production of said federal funds, or the reduction of funds awarded by ffUD
to the COUNTY, to a level determined by the County Manager to be insufficient to adequately
administer the project, the financial resources necessary to continue to pay the SUBRECIPIENT
all or any portion of the funds will not be available. In either event, the COUNTY may terminate
this Agreement, which shall be effective as of the date that it is determined by the County Manager
or designee, in his/her sole discretion and judgment, that the funds are no longer available. In the
event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the
COUNTY, nor any individual member of the County Commissioners and/or County
Administration, personally liable for the performance of this AgrecincIat, and the COUNTY shall
be released from any further liability to SUBRECIPIENT under the terms of this Agreement.
3.6 INDEMNIFICATION
To the maximurn extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act or omission, including
but not limited to reasonable attorneys' and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents,
officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any
persons acting under the direction, control, or supervision of the SUBRECIPIENT in the
performance of this Agreement, This indemnification obligation shall not be construed to negate,
abridge, or reduce any other rights or rernedies, which otherwise may be available to an indemnified
party or person described in this paragraph, The SUBRECIPIENT shall pay all claims and losses
of any nature whatsoever in connection therewith and shall defend all suits in the name of the
COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue there-
on. This Indemnification shall survive the termination and/or expiration of this Agreement, This
section does not pertain to any incident arising from the sole negligence of COUNTY. The
foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits
set forth in Section 768.28, Florida Statutes. This section shall survive the expiration of termination
of this Agreement,
3.7 GRANTEE RECOGNITION/SPONSORSHIPS
SUBRWIPIENT agrees that all notices, informational pamphlets, press releases, advertisements,
descriptions of program sponsorships, research reports, and similar public notices, whether printed
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or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the
Program shall include the statement:
"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY
COMMUNITY AND HUMAN SERVICES DIVISION"
and shall appear in the same size letters or type as the name of SUBRECIPIENT. This design
CODCCpt is intended to disseminate key information to the general public regarding the development
team, as well as Equal Housing Opportunity. Construction signs shall comply with applicable
COUNTY codes.
3.8 DEFAULTS, RE, MEDIES, AND TE RMINATION
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 tile 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 prograrn 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 It (A):
A, SUBRECIPIENT's failure to comply with any of the rules, regulations, or provisions
referred to herein, or such statutes, regulations, executive orders, and HUD guidelines,
policies, or directives as may become applicable at any time.
B. SUBRECIPIENT's failure, for any reason, to fulfill its obligations under this Agreement
in a timely and proper manner,
C. SUBRECIPIENT's ineffective or improper use of funds provided under this Agreement.
D, SUBRECIPIENT's submission of reports to the COUNTY that are incorrect or incomplete
in any material respect,
E. SUBRECIPIENT's submission of any false certification.
F. SUBRECIPIENT's failure to inaterially comply with any terms of this Agreement.
G. SUBRECIPIENT's failure to materially comply with the terms of any other agreement
between the COUNTY and the SUBRECIPIENT relating to the project.
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In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any
combination of one or more of the following remedies, in compliance with 2 CFR 200, Appendix
11 (13):
A. Require specific performance of the Agreement, in whole or in part,
B, Require the use of, or change in, professional property management.
C. Require SUBRECIPIENT to immediately repay to the COUNTY all CDBG funds received
under this Agreement.
D. Apply sanctions, if COUNTY determines them to be applicable,
E, Stop all payments until identified deficiencies are corrected.
F, Terminate this Agreement by giving written notice to SUBRECIPIENT and specifying the
effective date of such termination, If the Agreement is terminated by the COUNTY, as
provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any
incomplete project activities undertaken under this Agreement.
3.9 SUSPENSION AND DEBARME NT
SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded frorn participation in this
transaction by an Federal Department or agency; and, that the SUBRECIPIENT shall not
knowingly enter into any lower tier contract, or other covered transaction, as outlined in Executive
Ordeis 12549 (1986) and 12689 (1989), Suspension and Debarment and 2 CFR 200.214, as further
detailed in Section 4,18,
3.10 RE' VERSION OF ASSETS
In the event of a termination of this Agreement and in addition to any and all other reinedics
available to the COUNTY (whether under this Agreement, or at law, or in equity), the
SUBRECIPIENT shall immediately transfer to the COUNTY any property oil hand at the time of
termination (or expiration) and any accounts receivable, attributable to the use of CDBG funds, per
24 CFR 570,503(b)(7).
The COUNTY's receipt of any funds on hand at the time of termination shall not waive the
COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the
funds or property, as the COUNTY may deern necessary. Regulations regarding real property are
subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7).
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3.11 INSURANCE
SUBRECIPIENT shall not cornmence 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 RE, QUIREMENTS
SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and
the Scope of Work (Pail 1), the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards (2 CFR 200 ct 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 Writt n Quotes
$50,001+
Formal Solicitation (ITB, RFP, etc.)
in accordance with 2 CFR 200,322, to the greatest extent practicable, SUBRECIPIENT shall
provide a preference for the purchase, acquisition, or use of goods, products, or materials produced
in the United States.
In accordpee with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the
highest ppreentage of recovered materials practicable, consistent with maintaining a
satisfactory level of completion, per 2 CFR 200, Appendix 11 (J) and 2 CFR 200.323.
All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT
employees, or put out to competitive bidding, under a procedure acceptable to COUNTY and
Federal requirements. The SUBRECIPIENT shall enter into contracts for improvements with the
lowest, responsible, and qualified bidder. In accordance with 2 CFR 200.323, SUBRECIPIENT
shall procure items that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II(J) and
2 CFR 200,323, Contract administration shall be conducted by the SUBRECIPIENT and monitored
by CHS, which shall have access to all records and documents related.to the Project.
3.14 PROGRAM GENERATED INCOME
No Program Income is anticipated. However, if Program Income is derived from the use of CDBG
funds disbursed under this Agreement, such Program Income shall be utilized by the
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SUBRECIPIENT for CDBG-eligible activities approved by COUNTY. Any Prograin Income (as
such term is defined under applicable Federal regulations) gained from ally activity of the
SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual
Prograrn Income Re -use Plan, utilized by the SUBRECIPIENT accordingly, and shall be in
compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When
Program Income is generated by an activity that is only partially assisted by CDBG funds,
the income shall be prorated to reflect the percentage of CDBG funds used. If there is a
Program Income balance at the end of the Program Year, such balance shall revert to tile
COLINTY's Community Block Grant Program, for further reallocation.
Ac,(,Iuisitioii/ImproveiiiciitofReal-Propei- :Real property under the SUBRECIPIENT'S control
that was acquired or improved, in whole or in part, with CDBG funds shall be used to meet one of
the CDBG National Objectives, pursuant to 24 CFR 570.208, during the continued use period, as
referenced in section 3.14 (Grant Closeout Procedures) of this Agreement, If the SUBRECIPIENT
disposes of or otherwise fails to continue to use the CDBG-assisted real property in a manner that
meets a CDBG National Objective, the SUBRECIPIENT shall pay the COUNTY an amount equal
to the percentage of the current fair market value of the property, less any disposal costs. The basis
for such percentage shall be the percentage of the appraised value attributable to CDBG and non-
CDBG funds expended for the original acquisition of, or improvement to, the, property under the
terms of this Agreement, Stich payment shall constitute program income to the COUNTY,
3.15 GRANT CLOSEOUT PROCEDURE S
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. The SUBRECIPIENT may close out the project with the COUNTY after the five (5)
year continued use period has been met. The continued use period shall commence with the later
of the SUBRECIPIENT meeting the National Objective or the recording of lien and/or decd
restriction docurnentation. 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, prograin income balances, and receivable accounts to the COUNTY); and determining
the custodianship of records, In addition to the records retention outlined in Part 2.2, the
SUBRECIPIENT shall comply with Section 119,021, Florida Statutes, regarding records
maintenance, preservation, and retention. A conflict between state and federal records retention law
requirements will result in the more, stringent law being applied, such that the record must be held
for the longer duration, Any balance of unobligated funds that have been advanced or paid must be
returned to the COUNTY. Any funds paid exceeding the amount SUBRECIPIENT is entitled to
under the terms and conditions of this Agreement must be refunded to tile COUNTY.
SUBRECIPIENT shall also produce records and information complying with Section 215,97,
Florida Single Audit Act, Closeout procedures must take place in accordance with 2 CFR 200.344.
3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
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The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected
to discrimination under any activity carried out by the performance of this Agreement based on
race, color, disability, national origin, religion, age, familial status, or sex. Upon reeeipt of evidence
of such discrimination, the COUNTY shall have the right to terminate this Agreement,
To the greatest extent feasible, lower -income residents of the project areas shall be given
opportunities for training and employment. In addition, to the greatest extent feasible, eligible
business concerns located in or owned in substantial part by persons residing in the project areas
shall be awarded contracts in connection with the project, Tile SUBRECIPIENT shall comply with
Section 3 of the Housing and Community Development Act of 1968.
3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS
ENTERPRISES
The SUBRECIPIENT will use its best efforts to afford small businesses and minority and women's
business enterprises the maximum practicable opportunity to participate in the performance of this
Agreement, As used in this Agreement, the term "small business" means a business that meets the
criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C, 632); and
"minority and women's business enterprise" means a business that is at least 51 percent owned and
controlled by minority group members or women, For the purpose of this definition, "minority
group members" are Afro-Americans, Span i sh- speaking, Spanish surnamed or Spanish -heritage
Americans, Asia n-Americans, and American Indians. The SUBRECIPIENT may rely on written
representations by businesses regarding their status as minority and women's business enterprises,
in lieu of an independent investigation.
3.18 PROGRAM BENEFICIARIES
If the Agreement is meeting a National Objective through an LMI strategy, at least 51 percent of
the beneficiaries of a project funded through this Agreement must be low- and moderate- income
persons, or presumed to be low- to moderate- income persons based oil 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(l)(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 Count), or in municipalities participating in the COUNTY's Urban
County Qualification Program. The project shall assist beneficiaries as defined above for the time
period designated in Exhibit C of this Agreement.
3.19 AFFIRMATIVE ACTION
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The SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program
pursuant to the, COUNTY's specifications, in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966. The SUBRECIPIENT shall submit a plan for an
Affirmative Action Program for approval prior to the award of funds. The Affirmative Action
Program will need to be updated throughout the continued use period and inust be submitted to the
COUNTY within 60 days of any updatchnodification.
3.20 CONFLICT OF INTERE ST
The SUBRECIPIENT covenants that no pet -son under its ernploy, who presently exercises any
functions or responsibilities in connection with the Project, has any personal financial interest,
direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner
or degree with the performance of this Agreement, and that no person having any conflict of interest
shall be employed by Or subcontracted by SUBRECIPIENT, The, SUBRECIPIENT covenants that
it will comply with all provisions of 24 CFR 570,611 "Conflict of Interest," 2 CFR 200.318, and
the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest,
The, SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person, or an entity
owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval
of an identity of interest contract will be in the, COUNTY's sole discretion, This provision is not
intended to limit SUBRECIPIENT's ability to self -manage the projects using its own employees.
Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its
contractors shall be disclosed to CHS in writing, provided however, that this paragraph shall be
interpreted in such a inanner so as not to unreasonably impede the statutory requirement that
maximurn opportunity be provided for employment of and participation of low- and atoderate-
income residents of the project target area.
3.21 BYRD ANTI -LOBBYING AMENDMENT
Each tier certifies that the tier above it will not, and has not, used Federally appropriated funds to
pay any person or organization for influencing or attempting to influence the award of Federal
funds, as covered by 31 USC 1352, as more fully described in Section 4.47 of this Agreement,
Contractors who apply or bid for an award of $ 100,000 or more shall file the required certification,
3,22 RE' LIGIOUS 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). The
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows;
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A. It will not discriminate against any employee or applicant for employment based oil
religion, and will not limit employment or give preference in employment to persons based
on religion.
B. It will not discriminate against any pet -soil applying for public services based on religion,
and will not I iin it such services or give preference, to persons based oil 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 eligibleand 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 pail, 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 RE, PORTING
if services to clients are to be provided tinder this Agreement, the SUBRF-CIPIENT and any
subcontractors shall report to the COUNTY knowledge or reasonabte suspicion of abuse, neglect,
or exploitation of a child, aged person, or disabled person.
3.24 SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
3.25 MISCELLANEOUS
The SUBRECIPIENT and tile COUNTY each binds itself, its partners, successors, legal
representatives, and assigns of such other party in respect to all covenants of this Agreement.
The SUBRECIPIENT represents and warrants that the financial data, reports, and other information
on the Project it furnished to the COUNTY are accurate and complete, and financial disclosures
fairly represent the financial position of the SUBRECIPIENT,
The SUBRECIPIENT certifies that it has the legal authority to receive tile funds under this
Agreement and that its governing body has authorized the execution and acceptance of this
Agreement, The SUBRECIPIENT also certifies that the undersigned person has the authority to
legally execute and bind the SUBRECIPIENT to tile terms of this Agrernent.
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The Grant Documents shall be construed in accordance with and governed by the laws of tile 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 terins and conditions of the Agreement between the COUNTY, the
Regulations, all applicable federal, state, and municipal laws, ordinances, regulations, orders, and
guidelines, including but not limited to any applicable regulations issued by the DIVISION.
Electronic Signatures, This Agreement, and related documents entered into in connection with this
Agreement are signed when a party's signature is delivered by facsimile, e-mail, or any other
electronic inediurn. These signatures must be treated in all respects as having the, same force and
effect as original signatures.
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1 W41 41A 0 LVA
GENERAL PROVISIONS U)
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4.1 24 CFR 570 as arnended- All the regulations regarding the CDBCT program
https://ivww,eefi,.gov/cgi-biti/text-idx?tpl=/eefi�bi,owse/Titte24/24efi,570 main 9-2.tpl
E
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure, 12
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idx?SID=Iacdb92f3bO5c3f285dd76c26d 14f54e&inc--irue&jiodc=pt24,1.58&rgn=div5
4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended
littps://www,htid.gov/pi-ogi-aiii offices/cornm plannin coiiiiiitiiii;ydevelopmetit/i,ulesatidi-eps/la
s/sec5309 M
1.
4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing
Act. https://www.htid,gov/sites/doctiments/DOC 7771 XDF
littps://w�vw.'tistice.gov/ei-t/fair-hotising-act-I
Executive Order 11063 — Equal Opportunity in Housing littps://www.al,ellives.gov/fedel-al-
i-egistet-/codification/exectitive-ot-dei-/I 1063.1itnil
Ex eoutive Order 11259 - Leadership & Coordination of Fair Housing ill Federal Programs
littps:HwNvw.arcllives,gov/federal-registei-/codifICati011/�XCCLItive-ordei�/I2259�littii]
24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O.
https,//w�vN�v.law.coi-tiell.edu/cfr/text/24/part- 107
4.5 Title VI of the Civil Rights Act of 1964 as amended, Title V111 of the Civil Rights Act of 1968, as
amended littps://�,vww.hud.gov/i)rogi-aindesci-iptioil/title6
4.6 24 CFR 570,601 Subpart K - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity ill housing.
littps://www.p-po.gov/fdsys/pkg/CFR-2007-titic24-vol3/pdflCFR-2007-title24-vol3-sec570-
60Z.pdf
4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplernented in Department of Labor regulations. EO 11246:
littp://www.dol,f4ov/ay,eiicies/ofeep/executive-order-I 1246/as-amended
EO 11375 and 12086: see item #8 below
4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972,42 USC § 2000e, et, seq. The SUBRECIPIENT will, in all solicitations or advertisements for
employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or
Affirmative Action employer.
littps:HwN�v-,v..hud.gov/progi-at-ndeset-iptioti/title6
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4.9 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of tile HUD
Act of 1968, as amended, and as implemented by the, regulations set forth in 24 CFR 135, and all
applicable, rules and orders issued hereunder prior to the execution of this Agreement, shall be a
condition of the Federal financial assistance provided tinder 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 tinder this Agreement:
"The work to be performed tinder this Agreement is a project assisted tinder a prograrn providing
direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires
that, to the greatest extent feasible, opportunities for training and employment be given to low- and
very low-income residents of the project area, and that contracts for work in ' connection with the
project be awarded to business concerns that provide economic opportunities for low- and very
low-income persons residing in the metropolitan area in which the project is located."
The SUBRECIPIENT further agrees to ensure that opportunities for training and employment
arising in connection with a housing rehabilitation (including reduction and abatement of lead -
based paint hazards), housing construction, or other public construction project are given to low -
and very low-income persons residing within the metropolitan area in which the CDBG-funded
project is located; where feasible, priority should be given to low- and very low-income persons
within the service area of the project or the neighborhood in which the project is located, and to
low- and very low- income participants in other HUD programs; and award contracts for work
undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -
based paint hazards), housing construction, or other public construction project to business
concerns that provide economic opportunities for low- and very low-incorne 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-inconic participants in other HUD prograrns,
https://,,i,ww,liud,�,yov/sites/dociiiiiciits/DOC 12047.PDF
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements,
littps://,�vww.cefr.gov/cgi-b.iii/text-idx?c=ecfr&tpl=/ecfi-browse/Titic24/24cfr]35 mai
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4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended
by Executive Orders It 375, 11478, 12107 and 12086.
Age Discrimination Act of 1975
littps.://wwNv..Iaw.coriielI.edii/uscode/text/42/cliapter-76
11246: littps://www.do l,gov/ofcqV/regs/statutes/eo 11246. htni
11375: Amended by RO 11478
11478, littps://NvNvw.archives.gov/federal-register/codificatioii/executive-oi-der/1 1478.litml
12107� https://www. archives. goy/federal-regi ster/codifi cati o n/executi ve-ord er/ 1210 7.1itin 1
12086; littps://www.archives.v-ov/federal-reizister/codification/exectitive-oi-dei-/12086.litjiii
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
littps://www,dol.gov/wlid/regs/stattites/safe0l,pd
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570,614 Subpart K.
Section 504: littps://www.epa.,gov/oci,
29 USC 776: littps.//Iaw.onecle.com/uscode/29/776.litin]
24 CFR 570,614: littps://www.law.coriiell.edii/efi-/text/24/570.614
4.13 The Americans with Disabilities Act of 1990: https://ivww.litid.aov/litidpi-ogratits/eoli "da
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
littps://NvN%,w.fliwa,dot.gov/i,cal estate/uniforni act/index,efin
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 CDBQ,
Davis -Bacon Act: 42 USC 276a to 40 USC 276a:
littps://tiscode.lioLise,gov/view.xlitiiil?i'e,q=gi'aiiLileid:USC- 1999-ti&40-sectionMa-
7&nuni=0&cdition= 1999
29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in
whole or in pail, by Loans or Grants from the United States
https://www.law.coriiell.edii/efr/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)
littps://ivNvw,law.coriiell.edu/cfi-/text/29/12ait-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally
assisted projects, littps://ivww.pi,esideiigy.ucsb.edu/ws/iiidex.plip?pid=2367S
4.16 As a supplement to the Davis -Bacon Act requirements, the SUBRECIPIENT agrees to comply with
the "Copeland Anti -Kickback Act," which prohibits (lie SUBRECIPIENT, its contractors, or
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subcontractors from inducing an employee to relinquish any part of his/her compensation, under
the federally -funded contract.
18 U.S.C. 874 littps://www, gov info, gov/content/pkg/US CODE-20 I 0-title I 8/pdf/US CODE-2 0 10-
title I 8.pd
40 U.S.C. 276c littps-//tisoode.liotise,gov/view,xiitiiil?i-eq=gi-aiitilcid: USC- I 999-title4O-
section276c&num=0&cdition� 1999
4.17 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 - which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
E,O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for vairtority business enterprise,
https:HNvw,,v,arcliives.p,ov/federal-reizister/c d i fie ation/executive-order/ I 1625.htnil
4.18 The SUBRECIPIENT agrees to comply with the non-discrinlination 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:
littps://www,eefi-,gov/cgi-biii/text-
idx?SlD=9eae3f8eaa99lf04l lf383b74003bcbl&iiiG=true&iiode�--pt24.3.570&rgii=div5#se24.3.5
701607
E.O. 13279. http://,kvww.fedizoveoiitracts.com/pcO2-96.litm
4.19 Public Law 100-430 - the Fair Housing Amendments Act of 1988.
https://i,�,�N,w,iiebi.nim.iiiii.gov/ptibiiied/I 2289709
4.20 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements,
littps://www.ceft..fjov/cgi-biji/text-idx?tpl��/eefrbi-owse/TitleO2/2cfr2OO-iliaill 02.tpl
4.21 2 CFR 200.216 — Prohibition on certain telecommunications and video surveillance services or
equipment, COUNTY and SUBRECIPIENT are prohibited from obligating Or expending loan or
grant funds to. 1) procure or obtain; 2) extend or renew a contract to procure or obtain; 3) enter into
a contract (or extend or renew a contract) to procure or obtain equipments, services, or systems that
use(s) covered telecorn in un icat ions equipment or services as a substantial component of any
systern, or as critical technology as part of any system.
4.22 Immigration Reform and Control Act of 1986
littps://ww�y.ecoe.gov/ecoo/iiistoi,�/35t]i/tlielaw/irr,a.litiiil
4.23 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give,
either directly or indirectly, any favor, gift, loan, fee, set -vice, or other item of value to any
COLLIER COUNTY HOUSING AUTHORM
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COUNTY employee, as set forth in Chapter 112, Part 111, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311.
Florida Statutes-
litti2s://www.lawsei-ver,coiii/law/state/florida/statutes/florida statutes chapter 112 part i.i.
Collier County-
http://�vww.collici-gov.iiet/lionie/sliowdoctiiiieiit?id=35137
4.24 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract
Documents, the tot -ins 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 tinder the Contract Documents upon the
Contraotor at Owner's discretion.
4.25 Venue -Any suit of action brought by either party to this Agreementagainst 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, (Norefereticerequired
for this item).
4.26 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation, Any situations when negotiations, litigation, and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision -making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval, Failing resolution, and prior to tl1c 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 tinder § 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.
littps:HNv�vw,flsenate,,gov/La.ws/Stattites/2012/44,102
4.27 The SUBRECIPIENT agrees to comply with the following requirements:
a, Clean Air Act, 41 USC 7401, et seq. littps;HNvww.goviiifo.gov/coiitetit/pkg/USCODE-
2010-title42/titml/USCODE-2010-titic42-cliap85,litm
littps://www,law,coi,tiet[.edit/tiscode/text/42/p,liaptei--85
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended,
littps://wNvw,govinfo.gov/conteiit/pkg
..JUSCODE-201 I -titte33/pdf/USCODE-201 1-title33-
chap26.pdf
https://www.law.coriiell.edii/uscode/te,xt/33/cliapter-26
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4.28 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an
area identified by FEMA as having special flood hazards, flood insurance under the National Flood
Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA)
may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said
flood insurance,
https.://www.law.coriiell.edu/efr/texU24/570.605
4.29 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this Agreement shall be subject to the I -IUD Lead -Based Paint Poisoning
Prevention Act, found at 24 CFR 570.608, Subpart K, littps://www.gpo,gov/fdsys/gra-iitile/CFR-
2000-title24-vo]3/CFR-2000-titte24-vol3-sec570-608-id 163
4.30 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this Agreement.
littps.://Nvww.iips.gov/liistoU/Iocal-law/jilil2a 1966.1itin
littps://Nvww,aclip gov/sites/defatilUftles/i-e�yulatiotis/2017-02/i-egs-revO4.,p
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and dernolition of historic properties that are fifty years old or older or that are
included on a Federal, State, or Local historic property list,
littps://www,.jips.gov/liistoi- local-law/nhVal966.htni
4.31 The SUBRECIPIENT must certify that it will provide drug -free workplaces, in accordance with
the Drug -Free Workplace Act of 1988 (41 USC 701).
littps://www.v,po.gov/fdsys/gi-antile/USCODE-2009-title4l /USCODE-2009-title4l -011ap 10-
sec701
4.32 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and the SUBRECIPIENT shall not knowingly
enter into any lower tier contract, or other covered transaction, with a person who is similarly
debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609,
Subpart K.
littps://www,areliives.gov/federa1-i-egister/codificatioii/exectitive-ordei�/12549,html
4.33 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable
and agrees to adhere to the accounting principles and procedures required therein, utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred, These
requirements are enumerated in 2 CFR 200, et seq,
4.34 Single Audits shall be conducted annually, in accordance with 2 CFR 200,501, and shall be
submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The
COLLIER COUNTY HOUSING AUTHORITY
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SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall subillit financial
staternents 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://�,vww.cefr.gov/cjzi-bin/text-
idx? SID=5 a78addefff9a5 3 5 e83 fed 3 0103 0 8aef&inc--truc& nodc=se2.l,2 00 1344ki-gri
4.35 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24. 10 1, shall be subject
to the provisions of CDBG including, but not limited to, the provisions Oil use and disposition of
property, Any real property within SUBRECIPIENT control, which is acquired or improved, in
whole or pail, with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at
24 CFR 570,505,
littps.://www,gpo.gov/fdsys/gi-atitile/CFR- I 999-titic49-vol I/CFR- I 999-title49-vot I -scc24-1 01
https://Nvww.govitifo,gov/app/details/CFR-2012-title24-voi3/CFR-2012-title24-vol3-sec570-505
4.36 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing any work
in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors
and consultants who will perform hereunder, have not been placed oil 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,
littp://w�vw.leg.state.fl,us/StatLites/itidex.cfiii?App mode=Display Statute&Search Striiig=&U
L=0200-0299/0287/Sectioiis/0287,133.11tiiiI
4.37 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence, an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress, in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement, If any funds, other than Federal appropriated funds have been paid or will
be paid to any pet -son for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or at) 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 tinder grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
COLLIER COUNTY HOUSING AUTHORITY
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4.38 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per them
rates in effect at the tirne of travel.
littl2s://www.gsa.gov/poilat/conteiit/104877
4.39 Equal access in accordance with the individual's gender identity in community planning and
development programs, per 24 CFR 5.106.
littps://NvNvw,govreg&coiii/regulations/expa.nd/titte24 part5 subpartA section5.106
4.40 Housing Counseling, including homeownership counseling or rental housing counseling, as d0fiDed
in §5. 100, required under or provided in connection with any prograin 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.
littps://wNvw.cefr.s4ov/cai-bin/text-
idx?SID=e339ece9fdfd 1479eab67e85Oc7cddd4&iiodc�--24:2. I � 1.11 0,4&rgn=div
littps://www.law,corneIl,edti/cfi,/text/24/5,1 11
4.41 HUD Final Rule — Implementation of the Violence Against Wornen 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/dOCLillieiits/2016/11/16/2016-25888/violence-a,gainst-women-
i-eatitliorizatioii-act-of-2013-iinplet-nentation-iii-litid-liotisiiig-prograi-ns
4.42 Any rule or regulation determined to be applicable by HUD.
4.43 Florida Statute 448.095 Employment Eligibility, Per Florida Statute 448.095(3), all Florida private
employers a -re 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.
littp://www.lea.state.fl.tis/statLItCS/ii)dcx,eftn?Al)p.mode�--Display Stattite&URL=0400-
0499/0448/0448.htmi
4.44 Florida Statutes 713,20, Pail 1, Construction Liens
littps://www.lem.state.fl.us/Stattites/iiidex.cfiii?App niode=Display Statute&URL=0700-
0799/0713/0713,litti)l
4.45 Florida Statutes 119.021 Records Retention
littp://www.leg,�,;tate.fl.its/Stattites/iiidex.efi)i?ApL) niode,=Display StatL[te&URL=0100-
0 199/0119/Sections/0 119.02 Lhtni I
4.46 Florida Statutes, 119.07 1, Contracts and Public Records
littp://www.leg.state.fl.iis/Stattites/iiidex.efin?App in.ode=Display Stattite&URL=0100-
0 199/0119/Sections/O 119.07 l.html
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4.47 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide
meaningful access to the prograni/prqject and activities funded under this Agreement for persons
with limited English proficiency pursuant to information located at http://www.lep,-gov.
4.48 Equal Treatment of Faith -Based Organizations: By regulation, HUD prohibits all recipient
organizations from using financial assistance frorn HUD to fund explicitly religious activities, The
SUBRECIPIENT agrees to avoid such prohibited conduct, For more information, see
littps://oip.jzov/about/ocj�/paiiiiet-sliips.litiii. Discrimination on the basis of religion in employment
is generally prohibited by federal law, but the, Religious Freedom Restoration Act is interpreted on
a case -by -case basis to allow some, faith -based organizations to receive HUD funds while taking
into account religion when hiring staff, Questions in this regard should be directed to the Office
for Civil Rights.
4.49 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records
in the employment context, except when specifically authorized, The SUBRECIPIENT agrees to
avoid the misuse of arrest or conviction records to screen applicants for employment or employees
for retention or promotion that may have a disparate impact based on race or national origin,
resulting in unlawful employment discrimination unless use is otherwise specifically authorized by
law. See litt.ps://o-ip.�,ov/aboLit/oc��/pdfs/UseofCoiivictioti Advi��. dfjor more details.
4.50 Byrd Anti -Lobbying Amendment (31 U.S�C. § 1352): The SUBRECIPIENT will not use and has
not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of Congress
in connection with obtaining any federal contract, grant, or any other award or subaward covered
by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes
place in connection with obtaining any federal award or subaward. Such disclosures are forwarded
from tier to tier up to the recipient, The SUBRECIPIENT shall comply with the lobbying
restrictions of the Byrd Anti -Lobbying Amendment (31 U.&C. § 1352) and (ii) ensure that its
officers, employees and its subcontractors hereunder comply with all applicable local, state, and
federal laws and regulations governing advocacy of and appearances before any legislative body.
None of the funds provided under this Agreement shall be used for publicity or propaganda
purposes designed to support or defeat any legislation pending before local, state, or federal
legislatures,
4.51 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any
credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other
person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery,
gratuity, or similar misconduct involving subaward agreement funds
4.52 Political Activities Prohibited: None of the funds provided directly or indirectly tinder this
Agreement shall be used for any political activities or to further the election or defeat of any
candidates for public office. Neither this Agreement nor any funds provided hereunder shall be
COLLIER COUNTY HOUSING AUTHORITY
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utilized in support of any partisan political activities or activities for or against the election of a
U)
candidate for an elected office. -W
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4.53 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD encourages E
4
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 12
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workplace safety policies and conduct education, awareness, and other outreach to decrease crashes
caused by distracted drivers.
0
4.54 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable
requirements (including requirements to report allegations) pertaining to prohibited conduct related
to the trafficking of persons, whether on the part of the SUBRECIPIENT and any employees of the,
M
SUBRECIPIENT. The details of the SUBRECIPIENT'S obligations related to prohibited conduct
related to the trafficking of persons are, posted at 0
0
nduct-Traffickin
littps://oip.gov/fLindiiig�Explore/ProhibitedCo -g,litn ,
4.55 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT
understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in
support of any contract or subaward to either ACORN or its subsidiaries, without the express prior
written approval of OJP.
4.56 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment, or performance of experimental,
developmental, or research work under this funding agreement, the SUBRECIPIENT must comply
with the requirements of 37 CFR Part 40 1, "Rights ot Inventions Made by Nonprofit Organizations
and Small Busines Firms Under Government Grants, Contracts, and Cooperative Agreements," and
any implementing regulations issued by HUD.
littps://www.e,cfr..gov/cgi
biii/retrieA,eECFR?iat)=&SlD=aOO4b6bf2O934ace7a7l7de76 ldc64cO&mc--trtie&n=ot37.1.401&r
=PART&jy=HTML
(Signature Page to Follow)
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IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an
authorized person or agent, hereunder set their hands and seals on the date first written above.
ATTEST:
CRYSTAL K. KINZEL'CI,9
Au"I.Wtv
Slow
J
Dated:r'H 4N)-r— i 9elld-1
(SEAL)
Approved as to form and legality:
Jennif "r. Belpedio
Assistant County Attorney
Date:
BOARD F NTY COMM
WIONERS OF
COLLI NTY, FLOW/�
By:
PENNY TAtOlk, CHAIItfERSON
Date: CP � �� a � '0-\ \
COLLIER COUNTY HOUSING AUTHORITY
By:_
OSCAR HENTSP-fiEL, EXECUTIVE
DIRECTOR
Date:
4FI I - 4 ')
0 21y' a L- /
COLLIER COUNTY HOUSING AUTHORITY
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PART V
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339
E. Tarniami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
I , Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Commercial General Liability, including products and completed operations insurance, in the
arnount 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 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
occurretice/$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
set -vices performed by the SUBRECIPIENT or any person employed by the SUBRECIPTENT 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 all amount not less than one
hundred (100%) p ercent of the insu ra b to va I tic of the bu ilding(s) or structure(s). Thcpolicysliall
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. 400 1),
the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal
Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under
COLLIER COUNTY HOUSING AUTHORITY
CD21-04
HVAC histallation Page 35
Pg. 1492
the National Flood Insurance Program is obtained and maintained, as a condition of financial
assistance for acquisition or construction purposes (including rehabilitation),
OPERATION/MANAGEMENT PHASE (IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be kept in
force throughout the duration of the loan and/or Agreement:
7. Workers' Compensation as required by Chapter 440, Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of $1,000,000 per occurrence and $2,000,000 aggregate, Collier County must be shown as
an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with this Agreement in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage,
10. Property Insurance coverage on an "All Risk" basis, in an amount not less than one hundred (100%)
of the replacement cost of the property, Collier County must be shown as a Loss payee, with respect
to this coverage A,T,I.M,A,
11, Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full
replacement values of the structure(s) or the maximum amount of coverage available through the
National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee
A,T,I,M,A,
COLLIER COUNTY HOUSING AUTHORITY
CD21-04
HVAC Installation Page 36
Packet Pg. 1493
EXHIBIT B
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
SECTION I: RE, QUEST FOR PAYMENT
SUBRECIPIENT Name: COLLIER COUNTY HOUSING AUTHORITY
SUBRECIPIENT Address: 1800 Farin Worker Way, Irnmokalce, FL 34142
Project Narne: HVAC Installation
Project No: CD21-04- Payment Request #
Total Payment Minus Retainage
Period of Availability: 10/1/202 1- through 4/30/2023
Period for which the Agency has incurred the indebtedness through
SECTION 11: STATUS OF FUNDS
Subrecipient
CHS Approved
1. Grant Amount Awarded
$
$
2. Total Amount of Previous Requests
$
$
3. Arnount 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)
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EXHIBIT C
QUARTERLY PERFORMANCE REPORT DATA
The COUNTY is required to submit Performance Reports to HUD through the Integrated Disburscl-flent
and Information System (IDIS). The COIJNTY 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 ontine grant management system.
Subrecipient Name- Collier County Housing Authority
Date:
Proiect Title: HVAC Installation
IDIS
Program Contact: Oscar Hentschel
Telephone Number: (239) 657-3649
Activity
Reporting Period
Report Due Date
October 1 11 — December 3 1
January 10111
January
W —March 3 111
April I&
Apri I I"
—
—June 3 Ot"
July 101,
July_ I"
— September 30111
October I Wh
REPORT FOR QUARTER ENDING: (check one that applies to the cot -responding grant period):
12/31/21 3/31/22 6/30/22 9/30/22
I
Please note: The HUD Program year begins October 1, 2021 — September 30, 2022, Each quarterly report must include
cumulative data beginning from the start of the program year October 1, 202 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, 202 1.
a
Outcome Goals: list the outcome goal(s) fi-oni your approved application and SUBRECIPIENT Agreement
Outcome 1: A minimum of fifty (50) households will benerit from the installation of HVAC units.
Outcome 2: Documentation that at least 516/o of persons served are Low-to-Moderate-Incorne households, to meet
the CDBG LMI/LMH National Objective
Outcome3, Installation will be fully completed prior to the, agreement end.
b.
Goal Progress: Indicate the progress to date in meeting each outcome goal.
Outcome 1:
Outcome 2:
Outcome 3:
F-2.
Is this project still in compliance with the original project schedule: Yes El No F1
If No, Explain:
Since October 1, 202 1; 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 oi- benefit?
0
C.
now receive a service or benefit that is no longer substandard?
0
.. . .. ........ .. ..... . Total
0
What funding sources.did the SUBRECIPIENT apply for this period?
Section 108 Loan Guarantee
$
CDBG
$
Other Consolidated Plan Funds
$
HOME
$
Other Federal Funds
$
ESG
$
$
HOPWA
$
$
Total Entitlement
Funds
$
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CD21-04
I-IVAC Installation Page 38
Packet Pg. 1495
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,
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 N04 of Households served
0
Total No. of feinale head of household
(LMH)
LMat
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 Tota 1
0
Total No. Households served (LMH)
0
Total No. feniale head of limsehold (LMH)
0
YTD Total
0
YTD Total
0
Complete EITHER question 7 or 8, NOT both
Complete question 7a and 7b if your program 9mly 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 UNDUPLICA TED persons
Indicate the total number of UNDUPLICATED
served this quarte who fall into each presunied benefit
persons served since October I who fall into each
category (the total should equal the total in question #6a
presurned benefit category (the total should equal the
ol� b):
total in question #6a or �b):
a
Presumed Benefit Activities Onl (LMC)QTR
b
Presumed Benefit Activities Only (LMC) TD
0
Abused Children
ELI
0
Abused Children
ELI
0
Homeless
ELI
0
Homeless Person
ELI
Person
0
Migrant Farm
LI
0
Migrant Farni Workers
LI
Workers
0
Battered
LI
0
Battered Spouses
LI
0
-Spouses
Persons
LI
0
Persons w/HIV/AIDS
LI
w/HIV/AIDS
0
Elderly Persons
LI or MOD
0
Elderly Pei -sons
LI or
MOD
0
Illiterate Adults
LI
0
Illiterate Adults
LI
0
Severely
LI
0
Severely Disabled Adults
LI
Disabled Adults
0
Quarter Total
0
YTD Total
Complete question ga and Lb if any client in your program does not fall into a Presumed Benefit category,
Other Beneficiary Data: Income Range
Other Beneficiary Data: Income Range
Indicate the total number of UNDUPLICATED persons
Indicate the total number of UNDUPLICATED
served this Quarter who fall into each income, category
persons served since October I (YTD) who fall into
(the total should equal the total it? question #6):
each income category (the total should equal the total
I
in qu flon %:
COLLIER COUNTY HOUSING AUTHORITY
CD21-04
IVAC Installation
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L�--
0
ELI
Extremely Low Income (0-30%)
0
b
ELI
Extremely Low
Income (0- 0%)
0
Ll
Low Income (31-50%)
0
LI
Low Income
0
MOD
Moderate Income (51-80%)
0
MOD
Moderate Income
5 -8M-) . .............. . .
0
NON-L/M
Above Moderate Income (>80%)
0
NON-L/M
Above Moderate
Income (>80%)
0
Quarter Total
0
YTD Total
0
Is this project in a LowlMod Area (LMA)?
YES
NO
I
Was project completed this quarter?
YES
NO
Ifyev, complete all of this section 9.
Date project completed
Block Group
Census Tract
Total Beneficiaries
Low/Mod
Benefleiaries
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 oroccupancy,
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 colunin
Hispanic. (Total Race colitnin should equal the total in
should egual the total in qu flon 6.)
question .. ......... . --
a.
RACE
ETHNICITY
b.
RACE
ETHNICITY
/HISPANIC
/HISPANIC
White
0
0
White
0
0
Black/African American
0
0
Black/African American
0
0
Asian
0
0
Asian
0
0
0
0
American Indian/Alaska
0
0
American Indian/Alaska Native
Native
Native HaNvaiian/Other Pacific Islandcr
0
0
Native Hawaiiatilother Paciflc
Islander
0
0
0
0
Black/African. American &
0
0
Black/African American & White
White
0
0
American Indian/Alaska
0
0
American Indian/Alaska Native &
Native & Black/Affican
Black/African American
I
I American
Other Multi -racial
0
0
Other Multi -racial
0
0
. ....
....__o
0
1
1
i 0
Name:
Signature:
Title:
Your typed name here representsyour clectronic signature
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CD21-04
HVAC installation Page 40
Pg. 1497
EXHIBIT D
INCOME CERTIFICATION
INSTRUCTIONS
E
Complete this form and retain appropriate supporting documentation proving CDBG assistance
E
to an eligible beneficiary, Please retain in your organization's records and have on hand for
future monitoring visits.
U-
Effective Date: 0
ca
A. Household Information
Member
Names — All Household Members
Relationship
Age
1
2
3
4
5
6
7
8
B. Assets: All Household Members, Including Minors
Member
Asset Description
Cash Value
Income
from Assets
2
3
4
5
6
7
8
0.00
Total Cash Value of Assets B(a)
0.00
Total Income from Assets B(b)
0.00
If line B(a) is greater than $5,000, multiply that amount by the rate specified
by HUD (applicable rate 0.06%) and enter results in B(c), otherwise leave
blank, B(c).
COLLIER COUNTY HOUSING AUTHORITY
CD21-04
HVAC Installation Page 41
Packet Pg. 1498
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),
2
above, in
3
box C(e)
below)
4
5
6
7
8
1
Totals
(a)
(b)
(c)
(d)
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 817 provides that willful false statements or misrepresentations
concerning income and assets or liabilities relating to finanoial condition is a misdemeanor of the
first degree and is punishable by fines and imprisonment provided under Section 775.082 and 775.083.
Signature of Head of Household Date
Signature of Spouse or Co -Head of Household Date
Adult Household Member (if applicable) Date
Adult Household Member (if applicable) Date
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CD21-04
HVAC Installation Page 42
Packet Pg. 1499
E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s)
named in Item A of this Income Certification is/are eligible under the provisions of the
CDBG Program, The family or individual(s) constitute(s) a:
Extremely Low Income (ELI) Household means and individual or family whose annual income
does not exceed 30/50"' of the Very Low fncome (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,
(Maximurn Income Limit $
F"� 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 Jyear) 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
Date
Title
Number of Persons
By Race I Ethnic ty By Age
American
Native
Other
Indian
Asian
Black
Hawaiian or
White
0 —25
26 —40
41 —61
62+
Other Pao.
Islander
Hispanic
Non -
Hispanic
NOTE; Information concerning the race or effinicity of the occupants is being gatheredfor statistical
use only. No beneficiaq is required to give such information, and refusal to give such information
ivill not affect any right he or she has to the CDBGprogram.
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CO21-04
HVAC Installation Page 43
P9. 1500
EXHIBIT E
ANNUAL AUDIT MONITORING RE, PORT
Circular 2 CFR Part 200.332 requires Collier County to monitor subreciplents of federal awards to determine 1
subreciplents are compliant with established audit requirements (Subpart F), Accordingly, Collier County require,
that all appropriate documentation is provided regarding the organization's compliance, In determining Federa.
awards expended in a fiscal year, the subrecipient must consider all sources of Federal awards, based on wher
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 b)
2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Ac
(Statute 215,97) requirements.
Subreciplent
Name
Collier County Housing Authority
First Date of Fiscal Year (MM/DD/YY)
Last Date of Fiscal Year (MMIDDIYY)
Total Federal Financial Assistance Expended
Total State Financial Assistance Expended during
during most recently completed Fiscal Year
most recently completed Fiscal Year
$
is
Check A. or B. Check C if applicable
A. The federallstate expenditure threshold for our fiscal year ending as indicated above has beer
met, and a Single Audit as required by 2 CFR Part 200 Subpart F has been completed or will bf
completed by . Copies of the audit report and management letter are attache(
o ill be provided within 30 days of.completion.
r wi
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
F-1 Did not exceed the expenditure threshold for the fiscal year indicated above
El Are a for -profit organization
E:1 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 i-
included separate from the written response provided within the audit report. While w(
understand that the audit report contains a written response to the finding(s), we are requestin�
an updated status of the corrective action(s) being taken. Please do not provide just a copy o
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 cerfify that the above information is true and accurate,
Signature
Date
Print Name and Title
06/18
COWER COUNTY HOUSING AUTHORITY
CDZI-04
HVAC Installation Page 44
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FAIN #
B-20-UC-12-0016
Federal Award Date
EST 10/20
Federal Award Agency
HUD
CFDA Name
Community
Development Block
Grant
CFDA/CSFA#
14.218
Total Amount of Federal
Funds Awarded
$400,000
Subrecipient Name
Rural Neighborhoods
Incorporated
DUNS#
UEI #
605098438
DWTGVXLUGJM5
FEIN
65-1238417
R&D
No
Indirect Cost Rate
No
Period of Performance
10/l/2020-9/30/2022
12/31/2022
1 Fiscal Year End
12/ 1
1 Monitor End:
9/27
FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
RURAL NEIGHBORHOODS INCORPORATED
THIS AMENDMENT 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
at 3339 E Tamiami Trail East, Naples FL 34112, and Rural Neighborhoods, Incorporated,
(SUBRECIPIENT), having its principal office at P.O. Box 343529, 19308 SW 380'h Street, Florida City,
FL 33034.
RECITALS
WHEREAS, on June 23, 2020, Agenda Item I I.J the COUNTY has entered into an Agreement
for awarding a Community Development Block Grant (CDBG) Program to the Rural Neighborhoods,
Incorporated; and
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 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 approved the Collier County
Consolidated Plan — One-year Action Plan for Federal Fiscal Year 2020-2021 for the CDBG Program with
Resolution 2020-109 on June 23, 2020 — Agenda Item 11.1; and
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CD20-01 Words StFuek ThFeugh are deleted; Words Underlined are added
Esperanza Community Center -First Amendment Page 1 0
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F—Packet Pg. 1502
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans, the COUNTY advertised the 2020/2021 Annual
Action Plan, on May 23, 2020, with a 30-day Citizen Comment period from May 23, 2020, to June 23,
2020;and
WHEREAS, the parties desire to consolidate (3) payment deliverables)to (1) payment deliverable
project component, and extend the Period of Performance from September 30, 2022 to December 31, 2022.
NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable
consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to
amend the Agreement as follows:
Words StMek T-hr-o are deleted; Words Underlined are added
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Description
Federal Amount
PFejeet Component!: Building Permits
""�0040
PFEqeetGefnpoaent2: impaetFees
$45,000.
Proj ect Component 31: Building construction and all related costs, including but not
limited to construction material, installation, advertising, bonds, labor, permits and
$400,000.00
fees.
Total Federal Funds:
$400,000
C. Performance Deliverables
Program Deliverable
Deliverable Supporting
Submission Schedule
Documentation
Special Grant Condition Policies
Policies as stated in this
Within sixty (60) days of
(Section 1. 1)
Agreement
Agreement execution
Insurance
Insurance Certificate
Within 30 days of Agreement
execution and Annually within
thirty (30) days of renewal
Detailed Project Schedule
Project Schedule
Within sixty (60) days of
Agreement execution
Project Plans and Specifications
Site Plans and Specifications
Prior to procurement
Subcontractor Log
Subcontractor Log
Initially at construction start,
and quarterly thereafter
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Esperanza Community Center -First Amendment Page 2
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Submission of Progress Report
Exhibit C
Quarterly; within 10 days
following the end of the quarter.
Section 3 Report
Quarterly report of new hire
Quarterly; within 10 days
information
following the end of the quarter.
Leverage Funds Report
Exhibit C- 1
1. Ouarterly, within 10 days
following quarter end. 2. Final
report upoLl submission of the
final pLay 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 Coupty
electronic certified pgyroll
system LCP Tracker.
Financial and Compliance Audit
Exhibit C- I
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
Annually, for five (5) years after
applicable
Project Closeout
Revenue Plan for Maintenance
Plan approved by the COUNTY
Initial Plan due after completion
and Capital Reserve
of construction. Annually
through the period of continued
use
Program Income Reuse Plan
Plan Approved by the COUNTY
Annually until 2027
D. Payment Deliverables
Payment Deliverable
Payment Supporting Documentation
Submission Schedule
Pfejeet Component 1: Building
SUbMiSSiOR dOGUfflefitS
81_1h_M_iSSi6fl E)
monthly invoiees by
thi-A. I Q_"' 6-f- th e ffiefith
fellowing t
ID
Permits
Of SUPPE)Ftifig
be baekup,
must provided as as evidenced
by bai4E
eheek stubs, statements, eopy a
permits, and any etheF additional
doeumentation as r-eqttestedz
mienit_�._'
ef sen'iee.
Pfejeet Component 2� impaet
Submission doeuments
Submission of
inveiees by
Fc�
of supper-ting
be baOIEUP,
must previded as as evideneed
by baP�E
menthly
th P_' 10- "' A-f th e- fnanth
fellewing the
eheek stubs, sta4efnents, eepy,
impaet
pfeef of pa�,meiit of s, and any
etheF addition -al derCuffient-ation -AS
Fequested.
flion�h
ef sen'iee.
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Project Component -3-1: Building
Submission of supporting documents
Submission of
construction and all related costs,
must be provided as backup, as evidenced
monthly invoices by
includiniz but not limited to
by banking documents, completed AIA
the +e 30'h of the
construction material, installation,
G702-1992 form, or equivalent document
month following the
advertising, bonds, labor, permits
per contractor's Schedule of Values and
month of service.
and fees.
any additional documents as needed.
10% retainage held with the last pay
request.
Retainage: The remaininglO percent 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 percent on
each payment, rather, the last 10 percent will only be paid as previously specified. Failure by the
SUBRECIPIENT to achieve the National Objective will require repayment of the CDBG investment under
this Agreement.
1.1 PERIOD OF PERFORMANCE
Services of the SUBRECIPIENT shall start on October 1, 2020, and shall end on September- 30,
242-2-December 31, 2022.
1.6 LEVERAGED FUNDS
Leverayed 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 budge
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 mgy not be Federal funds under a different award, except where
Federal statute allows their use for cost sharing (such as the Communi1y Development
Block Grant 12rogram).
e. Third-par1y cash or in -kind contributions offered as leverage require a commitment
letter on compapy 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.
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1.7 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
E
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
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other written communications under this Agreement shall be addressed to the individuals in the
capacities indicated below, unless otherwise modified by subsequent written notice.
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COLLIER COUNTY ATTENTION: Carelyn Noble Judith Sizensky, Grants Coordinator
L)
Collier County Government
Community and Human Services Division
3339 -E Tamiami Trail E Suite 114 213
Naples, FL 34112
Email: Car-olyn.l�leb!eQCE)IliefeelwA-tflIM
Judith. Sizensk4,CoIliercountvf[.F-ov
0
Telephone: (239) 450 5186 (239) 252-2590 0
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2.2 RECORDS AND DOCUMENTATION
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 five (S) years after the date of submission of
the annual performance and evaluation report, as prescribed in 2 CFR 200.333, with the
following exception: 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 a SUBRECIPIENT ceases to exist after the closeout of
this Agreement, the COUNTY shall be informed, in writing, of the address where the records
are to be kept, as outlined in 2 CFR 200.336. The SUBRECIPIENT shall meet all requirements
for retaining public records and transfer, at no cost to COLTNTY, all public records in
possession of the SUBRECIPIENT upon termination of the Agreement and destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. All records stored electronically must be provided to the COUNTY
in a format that is compatible with the information technology systems of the COUNTY
IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT 239-252-6M26799
Aliehaelkox(4�,eolliejreounty
Mich a el. BrownleeA, collie rco u ntyfl. gov, 3299 Tamiami Trail East,
Naples, FL 34112.
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IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an authorized
person or agent, hereunder set their hands and seals on the date first written above.
ATTEST: AS TO COUNTY:
CRYSTAL K. KINZEL, CLERK
Dated:
, Deputy Clerk
(SEAL)
WITN
,WES:
-7 I ness 41 S g
Witness #1 Printed Name
qAl,�
Witne6/#2 Signatur
q, / "Itt, �j � P�/ -
Witness #2 Printed Name
Approved as to form and legality:
Derek D. Perry
Assistant County Attorney
Date:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
William L. McDaniel, Jr., Chairperson
Date:
AS TO SUBRECIPIENT:
�RURAL NEIGHBORHOODS, INC.
By:
eve' ir e
Date:
,7-95 h
[PI 7
ease provide evidence of signing authority]
2022.06.03
11:48-45-04'00'
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EXHIBIT C
QUARTERLY PERFORMANCE REPORT DATA
GEN-ERAL-COUNTY is required to submit to HUD, through the Integrated Disbursement and Information
System (IDIS) Performance Reports. 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 COLTNTY's discretion, SUBRECIPIENT may be
required to enter the information collected on this exhibit into an online grant management system.
Agency Name: Plural Neighborhoods, Inc I
Date:
Project Title: �den Park-Esperanza Place Community
Center I
IDIS
Program Contact: ISteve Kirk I
Telephone Number: 1(239) 324-0317 1
Activity
Reporting Period
Report Due Date
October
I It —Decernber 3 1 It
January I 01h
January
V —March 3 11
April I oth
April I"
_
—June 3011
July 101,
July V —September
3 01h
October 10"
REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period per Amendment
12/31/21 3/31/2� 6/30/2� 9/30/22 Final XXI
Please note: The CDBG/HOME/ESG Program year begins October 1, 2020 � Oecember 31, 2022. Each quarterly report
must include cumulative data be2innin2 from the start of the vroaram vear,'October 1, 202d, I
Please list the outcome goal(s) from your approved application and SUBRECIPIENT Agreement and indicate your
progress in meeting those goals since 110ctober 1, 202d,
a.
Outcome Goals: list the outcome goal(s) from your approved application and SUBRECIPIENT Agreement
Outcome 1: Ouilding construction and all re.
material, installation, advertising, bonds, lal
Outcome 2: Meet National Objective for LMA
Outcome 3: 1
b. Goal Progress: Indicate the progress to date in t
Outcome 1:
Outcome 2:
Outcome 3:
each outcome
1 2. 1 Is this vroiect still in comi)liance with the oriainal proiect schedule: Yes No I
3. Since October 1, �020�; 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?
b. ... now have improved access to this service or benefit?
C. ... now receive a service or benefit that is no longer substandard?
Total
4.
What funding sources did the SUBRECIPIENT apply for this eriod?
Section 108 Loan Guarantee
$1 1
CDBG
Other Consolidated Plan Funds
$I
HOME
Other Federal Funds
$
ESG
$
HOPWA
$
Total Entitlement
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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
11 '
Quarter Total No. of Persons
0
Total No. of Households served
11011
Total No. of female head of household
1
1 (LMI-1)
What is the total number of UNDUPLICATED clients served since i'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)
Total No Persons served under 18
(LMC)
0
YTD Total:
YTD Total
0
Total No. Households served (LMH)
Total No. female head of household (LMH)
0
YTD Total
YTD Total
0
Complete EITHER question 7 or 8, NOT both
Complete question 7a and 7b if your program paly serves clients in one or more of the listed HUD Presumed
Benefit categories.
7. PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY
Fm-
(LMC) Quarter
(LMC) YTD
Indicate the total number of UNDUPLICATED persons
served this quarte who fall into each presumed benefit
Indicate the total number of.UNDUPLICATED
persons served since '�Qctober I who fall into each
category (the total should equal the total in question #6a
presumed benefit category (the total should equal the
or h):
total in question #6a or 6h):
a
Presumed Benefit Activities Onl (LMC) QTR
b
Presumed Benefit Activities Only (LMC) TD
0
Abused Children
EL
10,
Abused Children
ELI
0
Homeless
ELI
Homeless Person
ELI
Person
Migrant Farm
LI
',Oil
Migrant Farm Workers
LI
Workers
B attered
LI
Battered Spouses
LI
pouses
Persons
LI
01
Persons w/F1IV/AIDS
LI
w/HIV/AIDS
Elderly Persons
LI or MOD
0
Elderly Persons
Ll or
MOD
Illiterate Adults
LI
0
Illiterate Adults
LI
G
Severely
LI
0
Severely Disabled Adults
LI
Disabled Adults
1
Ouarter Total
b
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
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 11 (YTD) who fall into
each income category (the total should equal the total
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19.
i question #6):
ELI
Extremely Low Income (0-30%)
',0,'
b
ELI
Extremely Low
Income (0-30%)
11011
LI
Low Income (31-50%)
116,
LI
Low Income
I
MOD
Moderate Income (51-80%)
116,
MOD
Moderate Income
(51-80%)
11011
NON-L/M
Above Moderate Income (>80%)
10
NON-L/M
Above Moderate
Income (>80%)
QuarterT.tal
r—',01'
YTD Total
11011
Is this project in a Low/Mod Area (LMA)?
YES
NO
I I
Was project completed this quarter?
YES
NO
Ifyes, complete all of this section 9.
Date project completed
I
Block Group
Census Tract
Total Beneficiaries
Low/Mod
Beneficiaries
Low/Mod Percentage
10
110
110
0
110
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
1 should equal the total in que tion 6)
question 6)
a.
RACE
ETIFINICITY
b.
RACE
ETHNICITY
/IJISPANIC
JUSPANIC
White
01
White
0
0
Black/African American
Black/African American
0
Asian
0
Asian
0
American Indian/Alaska Native
16,
American Indian/Alaska
0
116,
Native
Native Hawaiian/Other Pacific Islander
1011
Native Hawaiiari/Other Pacific
Islander
Q
116,
Black/African American &
61
116,
Black/African American & White
White
— — —
American Indian/Alaska
di
7017—
American Indian/Alaska Native &
Native & Black/African
Black/African American
American
Other Multi -racial
Other Multi -racial
61
Name:
Signature:
Title:
Your typed name here represents your electronic signature
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EXHIBIT C-1
Community Development Block Grants (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:
Plural Neighborhoods, Incorporated
Report Period:
Fiscal Year:
Contract Number:
Program:
Contact Name:
Contact Number:
CD20-01
'CDBG
ISteve Kirk, President
'(239) 324-0317
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
Tota I Project Cost
$6,570,000
Ratio:
I
$1 Federal Dollar $2.51 Local
Funds
Signature Page to Follow
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I hereby certify the above information is true and accurate.
Date: 0
Signature: E
'0
Printed Name: E
Title:
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Yotir tN,ped naine here represents vour electronic sif4nature.
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FAIN ff
B-20-UC-12-0016
B-21-UC-12-0016
Federal Award Date
EST. 10/2021
Federal Award Agency
HUD
CFDA Name
Community
Development Block
Grant
CFDA/CSFA#
14,218
Total Amount of Federal
Funds Awarded
$500,000.00
$630,000.00
Subrecipient Name
Collier COLInty Housing
Authority
UEI#
— —1-1
WHDZXBDS6QL I
FEIN
59-1490555
R&D
NA
Indirect Cost Rate
NA
Period of Performance
10/1/2021 —04/30/2023
Fiscal Year End
09/30
Monitor End:
04/30/2028
FIRST AMENDMENT TO AGREEME NT BETWEEN COLLIER COUNTY
AND
COLLIER COUNTY HOUSING AUTHORITY
CDBG Grant Program — Coiistructioti-/Reliabilitatioii
THIS AMENDMENT 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 -9 Tarniami Trail East, Naples FL 34112, and Collier County Housing Authority (SUBRECIPIENT),
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, Immokalec, FL 34142.
RECITALS
WHEREAS, oil June 22,2021, Agenda Itern 16.D.7, the COUNTY has entered into ail Agreement
for awarding a Community Development Block Grant (CDBG) Program to the Collier County Housing
Authority; and
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 Program in certain areas of Collier County, pursuant to Title I of the Housing
and Community Development Act of 1974 (as amended); and
WHEREAS, the Board of County Commissioners of Collier County (Board) approved the Collier
County Consolidated Plan — One-year Action Plan for Federal Fiscal Year 2021-2022 for the CIJBG
Program with Resolution 2021-131 oil June 22,2021 — Agenda Item 16.D.7; and
WHEREAS, in accordance with 14UD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans, the COUNTY advertised the 2021-2022 Annual
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Action Plan, on May 1, 2021, with a 30-day Citizen Comment period frorn May 1, 2021 to May 30, 2021;
and
WHEREAS, the Board approved the Substantial Amendment to the FY 2021-2022 One Year
U)
Action Plan on June 28, 2022 (Agenda Item 16.13 4), "which reallocated $130,000 of HUD PY20
appropriation to the Collier County Housing Authority Heating, Ventilation, and Air Conditioning project;
E
and
WHEREAS, the parties desire to increase the project budget to allow for the purchase and.installation E
of additional Heating, Ventilation, and Air Conditioning systems; and
LL
NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable 0
consideration, the receipt and sufficiency of which is hereby Mutually acknowledged, the Patties agree to
aniend the Agreement as follows: L)
Words S"e4r,-Th*!eu& are deleted; Words Underlined are added L)
L)
PART I
SCOPE OF WORK
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required
as a condition of providing CDBG assistance as provided herein and, as detennined 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 pnigram, will make
available FY 2020-2021 and FY 2021-2022 CDBG funds tip to the gross amount of 00700
$630,000.00 to Collier County Housing Authority to fund the rehabilitation of affordable housing
units in Inimokalee, FL, through the purchase an installation of additional Heating, Ventilation,
and Air Conditioning systems. 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.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Description
Federal Amount
Project Component 1: Purchase and installation of additional HVAC systems in
W4,00_40
affordable 110LISin)t units in Inimokalee. FL and a11V DI-Oiect related fees oi- costs.
1630�000.00
Total Federal Funds:
$63Q,000..00
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C. Performance Deliverables
Program Deliverable
Deliverable Supporting
Submission Schedule
Documentation
Special Grant Condition Policies
Policies as stated in this
Within sixty (60) days of
(Section 1, t)
Agreement
Agreement execution
Insurance
Insurance Certificate
Within 30 days of Agreement
execution and Annually within
thirty (30) days of renewal
Detailed Project Schedule
Project Schedule
Within sixty (60) days of
Agreement execution
Project Plans and Specifications
Site Plans and Specifications
Prior to procurement
Subcontractor Log
Subcontractor Log
Initially at construction start,
and quarterly thereafter
Submission of Progress Report
Exhibit C
Quarterly; within 10 days
following the end of the quarter.
Section 3 Report
Quarterly report of new hire
Quarterly; within 10 days
information
following the end of the quarter.
Leverage Funds Report
Exhibit C- I
L QuarterlX, within 10 days
following qjjgi�ter 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
Weekly Nvithin 7 days following
issuance of payrol I checks
documentation required to be
submitted throup—Ji the County
electronic certified payroll
�j�m L.Q.Tracker,
Financial and Compliance Audit
Exhibit C-1
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
Revenue Plan for Maintenance
Plan approved by the COUNTY
Initial Plan due after completion
and Capital Reserve
of construction. Annually
through the period of continued
use
Program Income Reuse Plan
Plan Approved by the COUNTY
Annually until 2028
.. ..... .. . ..
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D. Payment Deliverables
Payment Deliverable
......Payment Supporting Documentation
Submission Schedule
Project Component 1: Purchase
Submission of Exhibit B and supporting
Submission of
and installation additional HVAC
documents, as evidenced by banking
monthly invoices,
systems in affordable housing
documents, completed AIA G702- 1992
within 30 days of the
units in Immokalce, FL and any
form, or equivalent document per
prior nionth.
project related fees or costs.
contmetor's Schedule of Values, and any
additional documents as needed.
10% retainage of the award aniount or
project costs, whichever is less, will be
released upon final monitoring clearance
and meeting a National Objective.
Final 10 percent of award amount will be paid upon completion of final monitoring clearance and
documentation of meeting the National Objective. Failure by the SUBRECIPIENT to achieve the National
Objective will require repayment of the CDBG investment tinder this Agreement.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available FIVE HUNDRED THOUSAND DOLLARS AND ZERO
CENTS ($500,000.00) SIX HLrNDRED AND T14IRTY THOUSAND DOLLARS AND ZERO
CENTS ($630,000.00) for use by the SUBRECIPIENT, during the term of the Agreement
(hereinafter, shall be referred to as the "Funds").
1.6 LEVERAGED FUNDS
Levera.ized 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 1)ermitted onlv for elivible activities
and allowable costs under the. -.cost ied by the OMB Circulars
...principles specif
referenced in this Agreement. Expenditures must be necessary and reasonable for
proper and efficient accomolishments of project or program obiectives,
b. Leveraged resources committed on one proiect.may not be used as leverage or match
for any other proiect..or program,
e. Leveraged resources niust represent newly created resources covering expenditures
that would not be incurred if the award were not made.
d. Leverayed resources inay not be Federal funds under a different award, except where
Federal statute allows their use for cost sharingLsucb as.the Community Development
Block Grant program).
e. Third-paqy cash or in -kind contributions offered..as leverage require a commitment
letter on.conipaLiy letterlicad signed h, the individual who is in..a..Position to commit
the in -kind contribution, The contribution is onlv allowable if not utilized towards
matchijig dollars
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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, Grants Coordinator
Collier County Government
Community and Human Services Division
3339 E, Tarniami Trail K Suite 2-4 213
Naples, FL 34112
Email: Ridith,Sizensky La)Qolliercountyt1.gov
Telephone: (239) 252-2590
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2.2 RE CORDS AND DOCUMENTATION
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 ally event,
SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily
accessible, permanent, and secured location for five (5) years after the date of submission of
the annual performance and evaluation report, as prescribed in 2 CFR 200.333, with the
following exception: 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, clairn, or audit findings
involving these records are resolved. If a SUBRECIPIENT ceases to exist after the closeout of
this Agreement, the COUNTY shall be informed, in writing, of the address where the records
are to be kept, as outlined in 2 CFR 200,336. The SUBRECIPIENT shall meet all requirements
for retaining public records and transfer, at no cost to COUNTY, all public records in
possession of the SUBRECIPIENT upon termination of the Agreement and destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. All records stored electronically must be provided to the COUNTY
in a format that is compatible with the information technology systems of the COUNTY,
IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT 239-252-68n2679,
Michael.Bro Ln=1Se( colliercountyfl.gov, 3299 Tamiami Trail East,
Naples,, FL 34112.
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IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an authorized
person or agent, hereunder set their hands and seals on the date first written above.
ATTEST:
CRYSTAL K. KINZEL, CLERK
Dated:
) Deputy Clerk
(SEAL)
Approved as to form and legality:
Derek D. Perry
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
LE
William L. McDanicf� Jr., Chairperson
Date:
AS TO SUBRECIPIENT:
COLLIER COUNTY HOUSING AUTHORITY
By: A-)- i 11
Oscar Hkfi-cfiel, Executive Director
Date: ro " 2, 0 2- L
2022.06.03
11:23:17-04'00'
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EXHIBIT C
QUARTERLY PERFORMANCE REPORT DATA
The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement
and Information System (IDIS). The COUNTY reports information on a quarterly basis, To facilitate in the
preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten (10)
days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to
enter the information collected on this exhibit into an online grant management system.
Subrecipient Name: Collier County HQIL��thority
Date:
Project Title: CD21-04 HVAC Installation
IDIS #: XXXX
Prograrn Contact: Oscar Hentscliel
TeleplioneNumber: (239)657-3649
Activity_B,eporting Period
Report Due Date
October V — December 3 ll�
January 101h
January ts, — Match 3 1
April 1011
Apri I t 11 — June 3011,
Jul), to,`
I July 111—.S�pteniber3olh
October I 01h
REPORT FOR QUARTER ENDING: (check one tbat applies to the corresponding grant period):
12/31/21 3/31122 6/30/22 9/30/22 Final XXIXX/XX
Please note: The HUD Prograin year begins October 1, 2021 — April 30, 2023. Each quarterly report inust include
cumulative data bei!innirw from tbe start of the nrovrarn vear October 1. 202 1. 1
I
P1 ase list the outconie goal(s) from your approved application and SUBRECIPIENT Agreement and indicate your
progress in meeting thos -, Zaals since October 1, 202 1.
a.
Outcome Goals: list the outcome goal(s) frorn your approved application and SUBRECIPIENT Agreement
Outcorne 1: Purchase and installation of additional HVAC systems in affordable housing units, in
Imnlokalec, FL and any project related fees or costs.
Outcome 2: Document achievement of the LMH National Objective in a minirnurn of (35) households.
Outcome 3: Procurement/Bid Package. completed and submitted for review.
b. Goal Progress: Indicate the progress to date in meeffila eacli outcome goal,
Outcome 1:
Outconie 2:
Outcome 3:
2. 1 Is this prqiect still in compliance witli the original pr�ect scliedule: Yes Lj No
I If No. Ewlain:
S ince October 1, 2022; of the persons assistcd, lio%v many, —
Answer ONLY for Public Facilities& Infrastructure Activities *03MatrixCodes
a. ... now have new access (continuing) to this service or benefit?
... now have improved access to this service or benefit?
C1 ...now receive a service or benefit that is no longer substandard?
Total
4.
What funding sources did the S UBRECI P1 ENT apply for this criod?
Section 108 Loan Guarantee
$
CDBG
$
Other Consolidated Plan Funds
$
HOME.
$
Other Federal Funds
$
ESG
$
$
HOPWA
$
$
Total Entitlement
Funds
.... I . . . ..... ... ........ . . ...... —.1
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5.
What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if
applicable? Answer question 5a or 5b; NOT both
For LMC activities. people, race/ethnicity, and income data are reported by persons.
For LMH activities: households, race/ethnicity, and income level are reported by households, regardless
the number of persons in the household.
a�
Total No, Persons/Adults
0
Total No, persons served under 18
0
served (LMC)
(LMC)
Quarter Total No. of Persons
0
Q uarter Tota I No. of Persons
0
b.
Total No. of Households
0
Total No. of female head of household
served
(LMH)
............
I
is the total number of UNDUPLICATED clients served since October 1, 2022, if applicable?
LWhat
Answer question 6a or 6b, NOT both
For LMC activities: race/ethnicity and income data aj reported by persons.
a.
Total No. Persons/Adults
0
Total No. Persons served under 18
0
served (LMC)
(LMC)
YTD Total:
0
YTD Total
0
Total No. Households
0
Total No. female head of hotiseliold (LMI-I)
0
served (LMH)
YTD Total
0
YTD Total
0
Complete EITHER question 7 or 8, NOT both
Complete question 7a and 7b if your program �1, serves clients in one or more of the listed HUD Presumed
Benefit categories,
7.
PRESUMED BENEFICIARY DATA ONLY:
PRESUMED BENEFICIARY DATA ONLY
(LMC) Quarter
(LMC) YTD
Indicate the total number of UAIDUPLI01TED persons
Indicate the total number of UNDUPLICA TED
served this quartei who fall into each presurned benefit
persons served since October 1, 2022 who fall into
category (the fotal should equal the total in q uestion 96a
each presumed benefit category (the total shouki
or b):
e(, ual the total in question 96a or 6b):
I
a
Presumed Benefit Activities Onl) (LMC) QTR
b
Presumed Benefit Activities Only (LMC) TD
0
Abused Children
ELI
0
Abused Children
ELI
0
Homeless
ELI
0
Homeless Person
ELI
Person
0
Migrant Firm
LI
0
Migrant Farm Workers
LI
Workers
0
Battered
LI
0
Battered Spouses
LI
Spouses
0
Persons
LI
0
Persons Nv/HIV/AIDS
LI
�v/HIV/AIDS
0
Elderly Persons
Ll or MOD
0
Elderly Persons
LI or
MOD
0
Illiterate Adults
LI
0
Illiterate Adults
LI
0
Severe]),
LI
0
Severe]), Disabled Adults
LI
Disabled Adults
Quarter Tota I
YTD Total
F8-,
Complete question 8o 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 fill into each income category
persons served since October 1, 2022 (YTD) who fall
(the total should equal the total in question V6):
into each income category (the total should equal the
total in yitestion fl�):
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0
0
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0
z
0
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19.
a
ELI
Extremely Low
0
b
rLI
Extremely Low
0
Income (0-30%)
Income (.0-30no
LI
Low Income (3 1 -
0
Ll
Low Inconic
0
1
50%)
MOD
Moderate Income
0
MOD
Moderate Income
0
(5 1 -80-X.J
(51-80%)
NON-L/M
Above Moderate
0
N0N-L/3v1
Above Modefate
0
Income (>801/.)
Income (>80%)
Quarter Total
0
YTD Total
0
Is this project ina Low/Mod Area (LMA)?
Y ES
NO I
Was project coi�iplcted this quarter?
YE
NO Ifyes, comlVete all of this section 9.
Dale, project completed
Block Group
Census Tract
Total Beneficiaries
Low/Mod
Beneficiaries
Low/Mod Percentage
0
0
0
0
Date LMA Narrative approved by CHS?
What documentation supports project completion? (i.e.,
Certificate of Compicl ion or Certi ri cate of Occoptincy,
ctcL . .. .. ...
-1
10.
Racial & Ethnic Data (if appli� �Ie
Please indicate ho\v many UNDUPLICATED
Please indicate how many UNDUPLICATED clients
clients served (his Quarter fall into each. race
served since October (YTD) fall into each race categoq. In
category. In addition to each race category, please
addition to each race category please indicate how many
indicate how man), persons in each race category
persons in each race category consider themselves
consider themselves Hispanic. (Total Race cohann
Hispanic. (Total Race coliann should equal Me total in
1 should equal the total in que lion 6.)
queslion 6)
PACE
ETHNICITY
b,
RACE
ETHNICITY
/HtSPANIC
/HISPANIC
white
0
0
White
0
0
Black/Affican American
0
0
Black/Affienn American
0
0
Asian
0
0
Asian
0
0
American IndianlAlaska Native
0
0
American Indian/Alaskn
0
0
Native
Native HaNvaiii-iii/offier Pacific Islander
0
0
Native Hawaiiiin/otlicr Pacific
0
0
Islander
Black/African American & white
0
0
Black/A Frican American &
0
0
White
American Indiari/Alaska Native &
0
0
American Indian/Alaska
0
0
Black/Africart American
Native & Black/African.
American
Other N'llilti-racial
0
0
Other Mkilti-racial
0
0
r-
0
0
I liereby certify the above information is true and accurate.
Name:
Signature:
Title:
Your typed lialne here irew-esents youi, electronic siviat1we
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EXHIBIT C-1
Community Development Block Grants (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:
CD21-04
CDBG
[j0:scar Hentschel
�39-657-3649
Leveraged Funds
See EXAMPLE below for how to complete this form.
Source Amount Type Use
Total Project Cost Ratio:
FNAMPLE
Source
Amount
Type
Use
CDBG
$1,000,000
Other Federal
Funds
Land Acquisition
HOME
$870,000
Federal Funds
Infi-astructurc
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
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I hereby cetlify the above information is true and accurate.
Signature:
Printed Name: I
Title:
YOUY fted name bei-e represents Yom, electronic signature.
Date:
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