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Agenda 03/14/2023 Item #16D4 (Allow payment to occur for housing counseling services provided to low - to moderate-income homebuyers in Collier County)16.D.4 03/14/2023 EXECUTIVE SUMMARY Recommendation to approve payment without further penalty to Housing Development Corporation of SW Florida, Inc., d/b/a HELP, under a Community Development Block Grant (CDBG) Subrecipient Agreement where the Performance Report (Exhibit C) did not properly reflect intended outcome goals. (Housing Grants Fund 705) OBJECTIVE: To allow payment to occur for housing counseling services provided to low- to moderate -income homebuyers in Collier County. 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. On June 23, 2020, Agenda Item #16D16, the Board of County Commissioners (Board) approved Collier County's CDBG FY 2020-2021 Action Plan. On June 23, 2020, Agenda Item #16D17, the Board approved a subrecipient agreement between Collier County and the Housing Development Corporation of SW Florida, Inc., d/b/a HELP, in the amount of $94,000 to provide comprehensive housing counseling services for low- to moderate -income persons and families throughout Collier County (the "Agreement"). Activities offered through the Agreement's program include, but are not limited to, individual counseling/coaching, review of credit reports, creation of budget and spending plan, and any other financial counseling services that will assist low- to moderate -income residents with purchasing a home. The Agreement's Exhibit C, Quarterly Performance Report Data, is a quarterly report the subrecipient provides to the County to aid in the County's preparation of its Integrated Disbursement and Information System (IDIS) Performance Reports to Housing and Urban Development (HUD) in complying with regulations. The Agreement's Exhibit C asks the subrecipient to indicate its progress in meeting the following Outcome Goals: Outcome 1: Serve a minimum of one hundred and eighty (180) unduplicated households. Outcome 2: A minimum of nine (9) low- to moderate -income persons and families will achieve homeownership as a direct result of the program. Outcome 3: No less than at least fifty-one percent (51 %) of households served are low- to moderate - income (LMC) to meet CDBG National Objective. These Outcome Goals are used for reporting purposes for the County to better understand and measure the success of the project. The existence of the Outcome Goals in Exhibit C creates ambiguity as to the project's Payment Deliverables in section 1.2.1) and the expectations of the Subrecipient because these Outcome Goals are not enumerated in the Agreement (but exist in Exhibit C). Outcome 1 is the only outcome listed in the County's Annual Action Plan and is required to be reported in IDIS. As the period of performance has expired, amending the agreement to resolve the ambiguity is not appropriate. The verbiage, "A minimum of nine (9) low- to moderate -income persons and families" in Outcome 2 contained erroneous wording. The outcome intended was for nine (9) program participants to achieve homeownership, of which fifty-one percent (51%) would be low- to moderate -income, in alignment with the CDBG standards as required in Outcome 3. At the end of the period of performance, nine (9) participants had achieved homeownership, six (6) of whom were low- to moderate -income (66.67%), exceeding the CDBG standard. A total of one hundred and seventy-nine (179) unduplicated households participated in the program. As a result of not reaching the minimum one hundred and eighty (180) households identified in Outcome 1, a prorated financial penalty of $522.22 is being assessed in the final retainage reimbursement package in the amount of $8,877.78. Therefore, in consideration of the information presented, we request that the Board approve the final payment to Packet Pg. 770 16.D.4 03/14/2023 Housing Development Corporation of SW Florida, Inc., d/b/a HELP, in the amount of $8,877.78 without further financial penalty relating to Outcome 2. FISCAL IMPACT: There is no additional Fiscal impact associated with this Item. Grant funding in the amount of $94,000 was budgeted during the approval of the subrecipient agreement in Housing Grant Fund (705) Project 33689. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Item. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. -DDP RECOMMENDATION: To approve payment without further penalty to Housing Development Corporation of SW Florida, Inc., d/b/a HELP, under a Community Development Block Grant (CDBG) Subrecipient Agreement where the Performance Report (Exhibit C) did not properly reflect intended outcome goals. Prepared By: Don Luciano, Manager, Federal & State Grants, Community and Human Services Division ATTACHMENT(S) 1. AGRMT-SUB 2020 10-01 HELP Housing Counseling PS20-01 (PDF) Packet Pg. 771 16. D.4 03/14/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.13.4 Doe ID: 24623 Item Summary: Recommendation to approve payment without further penalty to Housing Development Corporation of SW Florida, Inc., d/b/a HELP, under a Community Development Block Grant (CDBG) Subrecipient Agreement where the Performance Report (Exhibit C) did not properly reflect intended outcome goals. Meeting Date: 03/14/2023 Prepared by: Title: — Community & Human Services Name: Donald Luciano 02/07/2023 4:23 PM Submitted by: Title: Manager - Federal/State Grants Operation — Community & Human Services Name: Kristi Sonntag 02/07/2023 4:23 PM Approved By: Review: Community & Human Services Jocelyn Pickens Additional Reviewer Operations & Veteran Services Jeff Newman Additional Reviewer Community & Human Services Blanca Aquino Luque Additional Reviewer Community & Human Services Kristi Sonntag CHS Review Public Services Department Todd Henry PSD Level 1 Reviewer Grants Erica Robinson Level 2 Grants Review Public Services Department Tanya Williams PSD Department Head Review County Attorney's Office Derek D. Perry Level 2 Attorney Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Community & Human Services Maggie Lopez Additional Reviewer 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 Manager's Office Dan Rodriguez Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 02/07/2023 4:40 PM Completed 02/08/2023 7:32 AM Completed 02/13/2023 1:40 PM Completed 02/15/2023 9:03 AM Completed 02/15/2023 10:47 AM Completed 02/15/2023 3:42 PM Completed 03/01/2023 5:05 PM Completed 03/02/2023 9:05 AM Completed 03/02/2023 9:41 AM Completed 03/02/2023 10:03 AM Completed 03/02/2023 1:18 PM Completed 03/03/2023 3:58 PM Completed 03/03/2023 5:02 PM Completed 03/06/2023 11:03 AM 03/14/2023 9:00 AM Packet Pg. 772 16.D.4.a FAIN # B-20-UC-I2-0016 Federal Award Date Est. 10/2020 Federal Award A enc HUD CFDA Name Community Development dock Grant CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded $94,000 Subrecipient Name Housing Development Corporation of SW Florida Mo. d/b/a HELP DUNS# 830181330 FEIN 38-3695929 R&D No Indirect Cost Rate No Period of Performance 10/01/2020-09/3012021 Fiscal Year End 6/30 Monitor Lndc 12/2021 AGREEMENT BETWEEN COLLIER COUNTY AND HOUSING DEVELOPMENT CORPORATION OF SW F,LORIDA, INC. d/b/a/ HELP THIS AGREEMENT is made and entered into this 23d - day of June 2020, by and between Collier County, a political subdivision of the State of Florida, (COUNTY or Grantee) having its principal address at 3339 E Talniami Trail, Naples FL 34112, and Housing Development Corporation of SW Florida, Inc, d/b/a HELP, (SUBItECIPIENT), having its principal office at 3200 Bailey Lane, Suite 109, Naples, FL 34105. WHEREAS, the COUNTY has entered into an Agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of Community Development Block Grant Program in certain areas of'Collior County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHE EA,S, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-year Action Plan for Federal Fiscal Year 2020-202 t for the CDBG Program with Resolution 2020-109 on June 23, 2020 — Agenda Item 11-1; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action flans, the COUNTY advertised the 2020/2021 Annual Action Plan, oil May 22, 2020 , with a 30-day Citizen Comment period from -Mgy 23 2020 to June 23 2020 ; and WHEREAS, the SUBRECIPIENT has submitted a proposal for participation in the Collier County CDBG program; and HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC DID/A HELP PS2"] Comprehensive Hous[pgCounseling Page I Packet Pg. 773 16.D.4.a WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the tindertaking the CDBG PS20-01_ Comprehensive I -lousing Counseling. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART I SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance as provided herein and, as determined by Collier County CommUnity and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: Comprehensive Housing Counseling Description of project and outcome: CHS as an administrator of the CDBG program will make available CDBG FY 2020-2021 funds up to the gross amount of $94,000 to Housing Development Coroporation of SW Florida, Inc. to be used for Comprehensive Housing Counseling for low- to moderate -income persons and families. Activities offered through this program may include but are not limited to individual o counseling/coaching, review of the credit reports, creation of a budget and spending plan, and any N other finacial counseling services. a- Cn c 1.1 GRANT AND SPECIAL CONDITIONS y c A. Within sixty (60) calendar days of the execution of this Agreement, the SUBRECIPIENT v must deliver to CHS for approval a detailed project schedule for the completion of the Project, excluding Public Service projects. 0 x B, The following resolutions and policies must be submitted within sixty (60) days of this a- J Agreement: _ ® Affirmative Fair Housing Policy r O o ® Affirmative Action/ Equal Opportunity Policy N ® Conflict of Interest Policy N ❑ Procurement Policy 00 ❑ Uniform Relocation Act Policy y ® Sexual Harassment Policy ® Procedure for compliance with the requirements set forth in Section 3 of the 1-10using and Urban Development Act of 1968, as amended (12U.S.C. 794 1 u) Q r c a� HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC DBIA HELP v PS20-DI Comprehensive Housing Counseling Page 2 Q . Packet Pg. 774 16.D.4.a ® Procedures for compliance with the requirements 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 can be incurred until an environmental review of the proposed project is completed and approved. Further, the SUBRECIPIENT will not undertake any activity or commit any finds prior to the issuance of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the denial of any reimbursement of funds under this Agreement. D. Annual Subrecipient Training — All SUBRECIPIENT staff assigned to the administration and implementation of the Project, established by this Agreement, shall attend the CHS- sponsored Annual Fair Housing training and all other CHS-offered training, relevant to the Project, as determined by the Grant Coordinator, not to exceed four (4) sessions.. 1,2 PROJECT DETAILS A, Project Description/Project Budget Description Federal Amount Project Component 1: CDBG funds are to support Comprehensive Housing Counseling services for low- to moderate -income persons and families. $94,000 Total Federal Funds: $94,000 The SUBRECIPIENT will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ® Maintain and provide to the COUNTY, as requested, beneficiary income certification documentation ® Maintain and provide National Objective Documentation ® Provide Quarterly Reports on National Objective and project progress ® Attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation ❑ Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Comply with Davis Bacon Labor Standards ® Comply with Section 3 and maintain documentation ❑ Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act (URA), if necessary HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC DIBIA HELP PS2M1 Comprehensive Housing Counseling Page 3 Packet Pg. 775 16.D.4.a ❑ Ensure applicable numbers of units are Section 504/ADA accessible ❑ Ensure the applicable period of continued use for the project is mct B. National Objective The CDBG program funds awarded to Collier COLlnty must benefit low- to moderate -income persons (LMI), As such, the SUBRECIPIENT shall ensure that all activities and beneficiaries meet the definition of: ❑ LMA — Low/Mod Area Benefit ® LMC — Low/Mod Clientele Benefit ❑ LMH — Law/Mod Housing Benefit ❑ LMJ — Low/Mod Job Benefit LMA: Must document where at least 51 percent of the residents are LMI persons, based L on HUD determined eligible census tracts. Failure to achieve the national objective tinder this 3 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 o income persons or households, in order to meet a CDBG National Objective, Failure to achieve the c) national objective under this Agreement will require repayment of the CDBG investment under this Agreement, N LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LM] households. Structures with three or more units must c have at least 51 percent occupied by LMI households and structures with less than three units must 04 be occupied by 100 percent LMI households. Failure to achieve the national objective under this a- Agreement will require repayment of the CDBG investment under this Agreement. LMJ: Must document job creation and retention. The LMI benefit national objective y 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. v Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty (60) days of Section 1. f Agreement Agreement execution Insurance Insurance Certificate Prior to award but not more than 30 days of Agreement execution and Annually within thirty (30) days of renewal Detailed Project Schedule Project Schedule Not Applicable Project Plans and Specifications Site Plans and Specifications Not Applicable Subcontractor Log Subcontractor Log Not Applicable 0 x a J W x 0 0 0 N 0 N m C9 Q r c a� HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC t D/B/A HELP 0 PS20-01 Comprehensive Housing Counseling Page 4 Q Packet Pg. 776 16.D.4.a Submission of Progress Report Exhibit C Quarterly; within ten (10) days following the end of the quarter. Final report due sixty (60) days after a reement ends Section 3 Report Quarterly report of new hire Quarterly; within ten (10) days information following the end of the quarter. Final report due sixty (60) days after agreement ends Davis Bacon Act Certified Weekly Certified Payroll Not Applicable Payroll reports, forms, and supporting documentation Income Certification Income Verification Form and To be retained by supporting income SUBRECIPIENT and reviwed documentation by CHS at interim and closeout monitorin s. Financial and Compliance Audit Audit, Management Letter, and Annually: nine (9) months after Exhibit E FY end for Single Audit OR one hundred eighty (180) days after FY end COntimled Use Certification Continued Use Affidavit, if Not Applicable applicable Revenue Plan for maintenance Plan approved by the COUNTY Not Applicable and Capital Reserve Program Income Reuse Plan Plan Approved by the COUNTY Not Applicable D. Payment Deliverables Payment Deliverable meat Supporting Documentation Submission Schedule Project Component 1: CDBG ..Pay Submission of supporting documents Submission of funds are to support must be provided as backup, as evidenced monthly invoices. Comprehensive Housing by invoice, housing counseling roster, Counseling services for low to Exhibit B, and any other additional moderate income persons and documentation as requested. families. 10% retainage released upon final Following close out monitoring clearance and meeting the monitoring. National Objective. Final 10 percent (10%) 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. HOUSING DEVELOPMENT CORPORATION! OF SW FLORIDA, INC D/B/A HELP PS2041 Comprehensive Housing Counseling Page 5 Q Packet Pg. 777 16.D.4.a 1.3 PERIOD OF PERFORMANCE Services of the SUBRECIPIENT shall start on October 1, 2020 and end on September 30, 2021 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available Ninety -Four Thousand Dollars ($94,000) for use by the SUBRECIPIENT, during the term of the Agreement (hereinafter, shall be refereed 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 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. The COUNTY shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks, as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of CDBG funds until finds 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 the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is required. Explanations may be required if two eonsecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT, when requested, as work progresses but not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. Final invoices are due no later than 90 days after the end of the Agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. 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. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC � D/B/A I4ELP PS20—OI CU Comprehensive Housing Counseling Page 6 Q Packet Pg. 778 16.D.4.a Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.5-Cost Principles) of this Agreement, SUBRECIPIENT is defined as a described in 2 CFR200.93. Accordingly, payments will be trade 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. Tile SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENTS contractors and vendors are conditioned upon compliance Nvith the procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by the SUBRECIPIENTS and Contractors shall comply with 2 CFR Subpart E-Cast Principles, A Developer is not subject to 2 CFR Subpart I:; however, the COUNTY is subject to 2 CFR Subpart E and may impose requirements upon 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 necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications tinder this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Ed Bonilla, Grant Coordinator 3339 E Tarniami Trail, Suite 211 Naples, Florida 34112 Email: Ed.Bonilla cr colliercountyfl,gov Telephone: (239) 252-5713 SUBRECIPIENT ATTENTION: Michael Puchalla, Executive Director Housing Development Corporation of SW Florida, Inc. dlbla HELP 3200 Bailey Lane, Suite 109 Naples, Florida 34105 Email: rliichael c@collierhousitig.com Telephone: (239) 434-2397 HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC DIB/A HELP PS20- 01 Comprehensive Housing Counseling Page 7 0 0 N Cn d a� c to C 0 U c .N 0 x IL J W x 0 0 0 N O N m i— Q r-+ C E t R Q Packet Pg. 779 16.D.4.a PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation, and any other data relating to all matters covered by the Agreement for review, inspection, or audit. Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within 30 days after receipt by the organization, Failure of the 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 an annual agency audit conducted in 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 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. 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 the COUNTY, by the SUBRECIPIENT, at ally time, upon request by the COUNTY or CHS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. HOUSING DEVELOPMENT OF SW FLORIDA, INC DIAlA HELP Ps2MI Comprehensive Housing Counseling Page 8 Packet Pg. 780 16.D.4.a 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 (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 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 239-252-6832, Michael. Cox colliercount fl. gov, 3299 Tamiami Trail E, Naples FL 34112. E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of 1931, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work HOW'S and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and other federal requirements for grant implementation, F. SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served, and documentation that all households are eligible under HUD Income Guidelines. All income verification documentation will be retained by SUBRECIPIENT and reviewed by CHS at the interim and closeout monitoring, Submission of income verification to CHS is not a condition of payment. Tile SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT's compliance, 14OUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC D/B/A HELP PS20-0i Comprehensive Housing Counseling Page 9 Packet Pg. 781 16.D.4.a G. SUBRECIPIENT shall document how the National Objective(s), as defined in 24 CFR 570.208, and the eligibility requirement(s) under which funding has been received have been inet, These also include special requirements, such as necessary and appropriate determinations as defined in 24 CFR 570.208, income certification, and written agreements with beneficiaries, where applicable, H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from 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 of the Agreement, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the COUNTY no later than nine (9) months after the Single Audit (or one hundred eighty (180) days for SUB RECIPIENTS exempt from Single Audit), after the SUBRECIPIENT'S fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on -site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of all on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of required reports. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud, waste, abuse, or non-performance, based on goals and performance standards, as stated with all other applicable laws, regulations, and policies governing the funds provided under this Agreement further defined by 2 CFR 200.331. Substandard performance, as determined by CHS, will constitute noncompliance 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 Agreement. 2A PREVENTION OF FRAUD AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC D/E/A HELP PS20-0I Comprehensive Housing Counseling Page 10 Packet Pg. 782 16.D.4.a Agreement, and to provide for the proper and effective management of all Program and Fiscal activities of the Agreement, SUBRECIPIENT's internal control systems and all transactions and other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY, SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent 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 any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement, Penalties may be imposed for failure to implement or to snake acceptable progress on such corrective action plans. In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation for noncompliance is as follows: I. Initial noncompliance may result 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 fallowing issuance of the report. • Any pay requests that have been submitted to the COUNTY for payment will be held until the corrective action plan has been submitted, • CHS will be available to provide Technical Assistance (TA) to the SUBRECIPIENT, as needed, in order to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan to the COUNTY in a timely manner, the COUNTY may require a portion of the awarded grant amount be returned to the COUNTY. • The COUNTY may require upwards of S percent of the award amount be returned to the COUNTY, at the discretion of the Board. • The SUBRECIPIENT may be denied future consideration as set forth in Resolution No. 2013-228. HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC DIB/A HELP PS20- 01 Comprehensive Housing Counseling Page 11 Packet Pg. 783 16.D.4.a 3. If SUBRECIPIENT continues to fail to correct the outstanding issue or repeats an issue that was previously corrected and has been informed by the COUNTY of their substantial non-compliance by certified trail, the COUNTY may require a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed, be returned to the COUNTY. • The COUNTY may require upwards of IO 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 recommend the 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 the initial acquisition of properties or other activities. 0 • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228, 04 a - If the SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be c noncompliant, the above sanctions may be imposed across all awards at the Board's discretion, y 2.6 REPORTS c 0 U c 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, a- w x During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the c 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 also agrees to include, N a comprehensive final report covering the agreed -upon Program objectives, activities, and N expenditures including but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit C, which contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or designee if the Program changes, the need for additional information or documentation Q arises, and/or legislative amendments are enacted. Reports and/or requested documentation not r c a� HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC E t D/BIA HELP Ps2D—£i ] Comprehensive Housing Cocroseling Page 12 Q Packet Pg. 784 16.D.4.a received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC D/B/A HELP PS2MI Comprehensive Housing Counseling Page 13 Packet Pg. 785 16.D.4.a PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)), including subpart K of these regulations, except that (1) the SUBRECIPIENT does not assulme the recipient's environmental responsibilities described in 24 CFR 570.604; (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) the SUBRECIPIENT is required to follow federal procurement process; and (4) for Developers, revenue generated is not considered program income. The CDBG program was fi►nded through the Housing and Community Development Act of 1974. The SUBRECIPIENT also agrees to comply with all other applicable laws, regulations, and policies governing the fiends 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 ally manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agree►rent. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY'S governing body. Such a►uendments 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 govern►rental guidelines, policies, and available funding amounts, or for other reasons. If such amend►dents result in a change in the funding, the scope of services, or schedule of the HOUSING DEVELOPMENTCORPORATION OF SW FLORIDA, INC D/B/A HELP PS2("I COMPTC iensive Housing COURS ling Page 14 Packet Pg. 786 1ti.D.4.a activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS Tile parties acknowledge that the Funds originate from HUD CDBG grant funds and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing CDBG fiends pertaining to this Agreement. In the event of curtailment or non -production of said federal funds, or the reduction of funds awarded by HUD to 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, Ill 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 designee, in his/her sole discretion and judgment, that the ftmds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3,6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act or omission, including but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies, which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the Warne 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 The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports, and similar HOUSING DEVELOPMiENTCORPORATION OF SW FLORIDA, INC D/B/A HELP PS24-01 Comprehensive Housing Counseling Page 15 Packet Pg. 787 16.D.4.a 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 BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team, as well as Equal Housing Opportunity, to the general public. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.339, this Agreement may also be terminated for convenience by either the COUNTY or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, 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 under this Agreement, in compliance with 2 CFR 200, Appendix 11(A): o A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or 0 N a such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as may become applicable at any time. y B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its c v obligations under this Agreement. C, Ineffective or improper use of funds provided under this Agreement. N _ D. Submission of reports that are incorrect or incomplete in any material respect by the a J W x SUBRECIPIENT to the COUNTY, r 0 0 E. Submission of any false certification by the SUBRECIPIENT. N 0 N F. Failure to materially comply with any terms of this Agreement. m Cn G, Failure to materially comply with the terms of any other Agreement between the COUNTY and the SUBRECIPIENT relating to the project. a c a� HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC t D/B/A HELP PS26--01 +r Page 16 Q Comprehensive Housing Counseling Packet Pg. 788 16.D.4.a 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 (B); A. Require specific performance of the Agreement, in whole or in part. B. Require tlhe use of, or change in, professional property management. C. Require immediate repayment to the COUNTY of all CDBG funds 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. Terminate this Agreement by giving written 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 claim 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 and all other remedies available to the COUNTY (whether under this Agreement, or at law, or in equity), the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds, per 24 CFR 570.503(b)(7). The COUNTY's receipt of any funds on band at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200,311 and as otherwise provided at 24 CFR 570.503(b)(7). 3.10 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. 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (fart 1), the Uniform Administrative Requirements, Cost Principles and HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC D/B/A HELP PS2041 Comprehensive Housing Counseling Page 17 Packet Pg. 789 16.D.4.a Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the federal regulations for the Community Development Block Grant (24 CFR 570 et seq.). 3.12 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through .326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing thresholds are. Range: Com etition Required. $0 - $3,000 Single Quote with documentation $3,001 - $50,000 3 Written Quotes $50,001+ Formal Solicitation QTB, RFP, etc. All improvements specified in Pail I Scope of Work shall be performed by SUBRECIPIENT employees, or shalt be put out to competitive bidding, under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts for improvements with the lowest, responsible, and qualified bidder. 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 dOCllmentS related to the project. 3.13 PROGRAM GENERATED INCOME No Program Income is anticipated. In the event Program Income is derived from the use of CDBG funds disbursed under this Agreement, such Program Income shall be utilized by the SUBRECIPIENT for CDBG-eligible activities, approved by COUNTY. Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual program income re -use plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When program income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. In the event there is a program income balance at the end of the Program Year, such balance shall revert to the COUNTY's Community Block Grant Program, for further reallocation. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The SUBRECIPIENT may close out the project with the COUNTY after the expiration of the Agreement. Activities during this closeout period shall include, but are not limited to making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining HOUSING DEVELOPtv1EKI' CORPORATION OF SW FLORIDA, INC D/BIA HELP PS20--0l Comprehensive Housing Counseling Page 18 Packet Pg. 790 1ti.D.4.a the custodianship of records. In addition to the records retention outlined in Part 2.2, tine SUBRECIPIENT shall comply with Section 119.021, Florida Statutes regarding records maintenance, preservation, and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. Any balance of unobligated fluids that have been advanced or paid must be returned to the COUNTY. Any funds paid exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement must be refunded to the COUNTY, SUBRECIPIENT shall also produce records and information complying with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343, 3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that na person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on 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. To the greatest extent feasible, lower -income residents of the project areas shall be given opportulrities 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 Colnnnntrinity Development Act of 1968. 3.16 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and nvomen's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.17 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 income eligibility is based oln tine annual income of the family or household. This Agreement conforms to the definition of Annual Income, per 24 CFR 570.3(1)(i), where Aau1l.►al HOUSING DEVELOPMENT CORPORATION OF SW PLOR[DA, INC D/B/A HELP PS2M I Comprehensive [lousing Counseling Page 19 Packet Pg. 791 16.D.4.a income is defined tinder 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 Coullty 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. 3.18 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 President'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. The SUBRECIPIENT shall submit a plan for all Affirmative Action Program for approval prior to the award of funds. The Affirmative Action will need to be updated throughout the continued use period and must be submitted to the COUNTY within 30 days of update/modification. 3.19 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would Conflict in ally Illa€lner 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, in writing, to CHS provided however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low- and moderate - income residents of the project target area. HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC D/B/A HELP PS2" I Comprehensive Housing Counseling Pale 20 Packet Pg. 792 16.D.4.a 3.20 RELIGIOUS ORGANIZATIONS CDBG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570,2000). 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 limit 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 the basis of religion and will not limit 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 may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. The funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG fiends may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. 3.21 INCIDENT REPORTING If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult. 3.22 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. HOUSING DEVELOPMENT CORPORA'riON OF SW FLORIDA, INC D18IA I IELP PS2M I Comprehensive Housing Counseling Page 21 Packet Pg. 793 16.D.4.a PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program https://www.eefi,,F-ov/egi-bin/text-idx?tpl=/eefi-bi-owse/Titte24/24efr570 main 02 tW 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. littps://Nvww.eefr.gov/egi-bill/text- idx?SID=lacdb92f3b05c3f285dd76c26d14f54e&Inc trLie&node=pt24.1.58&r Igi=diy5 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/pi-or,raiii offices/comet lalnlnin /conunnunit develo meat/rulesandre slaw s/sec5309 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. littps://www.lnud.gov/sites/doculnetits/DOC_7771,PDF https://www.itistice,gov/crt/faiI'-IIOLISi11g-act- I Executive Order 11063 — Equal Opportunity in Housing https://www.arcliives.gov/fedel•al- R•egister/codi ficationlexecutive-older/ 11063.html Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs littps://www.ai-cliives,gov/federal-register/cod ification/executive-order/12259.htln 1 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O. https://www,law.corneli.edu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as amended littps:Hwww.hLid.gov/progi-aindesci-iptioiVtitic6 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. iittps://www,gpo,govlfdsys/pkWCFR-2007-title24-vol3/pdf/CFR-2007-title24-yol3 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 ill Department of Labor regulations. EO 11246: littps://www.dol,p,ov/ageiicies/ofccp/execLitive-order-I 1246/as-arnended EO 1 1375 and 12086: see item 48 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://www.lnud.gov/pi-ogramdescriptioti//titte6 HOUSING DEVELOPMENTCORPORATION OF SW FLORIDA, INC D/B/A HELP v PS2o--D1 Comprehensive Housing Counseling Page 22 Q Packet Pg. 794 16.D.4.a 4,9 24 CFR 135 -- Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CPR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal ]Financial assistance provided under this Agreement and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBREC1PIENT'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 3 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 o that, to the greatest extent feasible, opportunities for training and employment be given to low- and L) very Iow-income residents of the project area, and that Contracts for work in connection With the N project be awarded to business concerns that provide economic opportunities for low- and very v low-income persons residing in the metropolitan area in which the project is located," 0 The SUBRECIPIENT further agrees to ensure that opportunities for training and employment N arising in connection with a housing rehabilitation (including reduction and abatement of lead- a- 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 y 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 v low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead - based paint hazards), housing construction, or other public construction project to business = concerns that provide economic opportunities for low- and very low-income persons residing a- within the metropolitan area in which the CDBG-funded project is located; where feasible, priority w x 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 9 0 low- and very low-income participants in other HUD programs. N https:Hwww,l3ut; d,ov/sites/documents/DOC� 12047.PDF N m The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that y would prevent compliance with these requirements. https://www.eeft�.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecf►•bi-owse/Title24/24cfr 13 5_m main �02.tp,1 .. Q r c HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC E t D/B/A HELP v PS20-01 Comprehensive Housing Counseling Page 23 Q Packet Pg. 795 16.D.4.a 4,10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 littps://www.law.cornell.eduh►scode/text/42/chapter-76 11246: littps://Nvww.doi.j4ov/ofccp/ems/statutes/col 1246,htm 11375: Amended by EO 11478 11478: littps://www,arciiives.poy/federal-register/codification/executive-order'/l 1478,htm1 12107: htt s://www.archives. ov/feder-al-re ister/codificatioii/executive-order/I2107.htnil 12086: littps://www.archives.gov/federal-register/codification/executive-order/12086.litm 1 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. littps;//www.dol.gov/wlid/regs/statutes/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: littps:/Iwww.el>a.wov/ocr 29 USC 776: littps:Hlaw.oiiecle.coin/uscode/29/776,1tn! 24 CFR 570.614: littps://wwNv.law.cor►iell.edu(cfi/text/24/570.614 4.13 The Americans with Disabilities Act of 1990: littps://www.hud.gov/iiudpropraiiis/colitidap /iiudpropraiiis/cohudap 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. littps://www.fliwa,dot,gov/real estate/Uniform act/index.cfm 4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all construction contracts funded by CDBG. Davis -Bacon Act; 42 USC 276a to 40 USC 276a: htt s:Iluscode.liot►se. ovlview.xlitiiil?re = ranuleid:USC-1999-title40-section276a- 7&rium=0&edition= l 999 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States https://www,law,coi-tiel l.edu/cfr/text/29/part-3 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) littps:Hwww, law,cornel1.eda/cfr/text/29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. littps;//www.presidency.ucsb.edu/ws/iiidex.plip?pid=23.675 4.16 As a supplement to the Davis -Bacon Act requirements, the SUBRECIPIENT agrees to comply with the "Copeland Anti -Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC D/B/A HELP PS20-al Comprehensive Housing Counseling Page 24 Packet Pg. 796 16.D.4.a subcontractors from inducing an employee to relinquish any part of his/Tier compensation, under the federally -funded contract. 18 U.S.C, 874 littps:/hvww.govinfo,gov/content/pkg/USCODE-2010-title]8/pdf/USCODE-2010- titleI8.pdf 40 U.S.C. 276c https:HLiscode.house.gov/view.xhtml7req=yi'anuleid:USC-1999-title40- section276c&num=0&edition=1999 4.17 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. litips://www.arcliives.gov/federal-register'/codification/executive-order/11625.1itrrr ] 4.18 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CPR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 24 CFR 570.607: littps://www.ecfi-.gov/cgi-biii/text- idx?SID=9eae3f8eaa99 If'04 I I f383b74003bcbl&tiic=true&tiodet24.3.570&r n=div5#se24.3.5 70 1607 E.O. 13279: littp://www.fedgoveontracts.com/peO2-96.htm 4.19 Public Law 100-430 - the Fair Housing Amendments Act of 1988. littps://www.iiebi.iiltii.iiili.govIpLibiiied/1.2289709 4.20 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https://www.ecfi',P,ov/cp-i-bin/text-idx?tpl=/ecft•browse/Title02/2cfr200 main 02.tp1 4.21 Immigration Reform and Control Act of 1986 litt s://-vvww.eeoc. ov/eeoe/iiistor /35th/thelavv/irea.litniI 4.22 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to ally COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes- httDs://NVWW.1alvservet-,cons/law/state/florida/statLites/floi-ida statutes chaoter 112 part iii Collier County- http:Hwww.colliergov,net/home/showdocutnent?id=35137 HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC DIB/A KELP P520-01 Comprehensive Housing Counseling Page 25 Packet Pg. 797 16.D.4.a 4.23 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.24 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 any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision -making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44,102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT, https://www.flseiiate.gov/Laws/Statutes/2012/44.102 4.26 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq, littps://www.goviiifo.vov/content/pk&/USCODE- 2010-title42/htmI/USCODE-2010-title42-chap85,lhtin https://www.law.coriiell,edti/Liscode/text/42/chaptei,-85 b. Federal Water Pollution Control Act, 33 USC 1251, ,ct seq., as amended. littps://www.govitifo,gov/conteiit/pkv,/USCODE-201 1-titic33/df/USCODE-2011-title33- cha X df littps://www.law.cor•nell,edu/uscode/text/33/chapter-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 Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC D/B/A HELP PS20-01 'Comprellensive Housing Counseling Page 26 Packet Pg. 798 16.D.4.a may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. https://www,law.cornell.edLi/cf-/text/24/570.605 4.28 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to the HUD Lead- Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. https://www.gpo,gov/fdsys/granule/CFR- 2000-title24-vot3/CFR-2000-title24-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. https://www.iips,pov/liistot-y/local-law/iilipa I966,htm https://www.aclip�, o_v/sites/default/files/regulations/2017-02h•e sg i-evO4,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,gov/liistory/local-law/iilipa]966.htiii 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 701). htt s:Hwww, o. ov/fds s/ ran[[le/USCODE-2009-titic4I/USCODE-2009-titte4I-cha 10- sec701 4.31 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. htt )s://www,archives. ov/federal-re iste[,/codification/executive-order/12549.litml 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 therein, utilize adequate internal controls, and maintain necessary source dOCumentation for all costs incurred. These requirements are enumerated in 2 CFR 200, et seq. 4.33 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year, The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the S UBRECIPIENT'S fiscal year. Per 2 CFR 200.344, if this Agreement is closed out prior to the receipt of an audit HOUSING DEVELOPME-NTCORPORAT[ON OF SW FLORIDA, INC: D/B/A HELP PS20-0i Comprehensive Housing Counseling Page 27 Packet Pg. 799 16.D.4.a report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. https://www.ecfr.gov/cgi-bin/text- idx?SID=5a78addefff9a535e83fed3010308aef&tiic=trLie&node=se2.1.200 1344&r n=div8 4.34 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any teal property within SUBRECIPIENT control, which is acquired or improved, in whole or part, with CDBG funds in excess of $25,000, trust adhere to the CDBG Regulations at 24 CFR 570.505. https://�vww gpo,gov/fdsys/granule/CFR-1999-titl e49-vol 1 /CFR-1999-title49-vol 1-sec24-101 https://-vvww.t~oyitifo.gov/app/details/CFR-2012-title24-vo13/CFR-2012-title24-vol3-sec570-505 4.35 As provided in § 297,133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. htt ://www.le .state.fl.us/Statutes/iiidex.cfiii?A mode=Dis la Statute&Search Strin =&UR L=0200-0299/0287/Sections/0287.133.htm 1 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 Mernber of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the snaking of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions, The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBR> CIPIENTS shall certify and disclose accordingly. 4.37 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. littps://Nvww.gsa.gov/portal/content/104877 HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC D/B/A HELP PS20-al Comprehensive Housing Counseling [Inge 28 Packet Pg. 800 16.D.4.a 4.38 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. littps://www.govi-egs.coiii/i-ogtilatioiis/expaiid/title24. part5. sub artA section5.106 4.39 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in §5.100, required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.1 1 1. https://ivww.ecfr.goy/cgi-bin/text- idx?SID=e339ece9fdfd I479eab67e850c7cddd4&node=24:2.1.1.2.10.4&r>;n=div6 https://www.1 w.cornell.edu/cfr/text/24/5.I1I 4.40 HUD final Rule — Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. htt s://vvww.fedei'alre ister, ov/doctitnents/2016/11/16/2016-25888/violence-a ainst-wotnen- rcatithorizatiori-act-of-20l 3-implementation-ist-hud-ltousin;;-prograiiis 4.41 Any rule or regulation determined to be applicable by HUD. 4.42 Florida Statutes 713,20, Part 1, Construction Liens htips: //www.le .state.fl.us/Statutes/index.cftn?A ni o de—Q isplay Statute&URL=0700- 0799/0713/0713,httnl 4.43 Florida Statutes H 9.021 Records Retention littp://www.leg.state.fl.tis/StatLItes/itidex,cfiii?App mode=Dis la Statute&URL=0100- 4199/0119/Sect i ons/01 19.021, htm l 4.44 Florida Statutes, 119.071, Contracts and Public Records http://www.lcg.state,fl,us/Statutes/iiidex.cfii?Atop mode=Display Statute&URL=0100- 0199/0119/Sections/0119.071.1itm 1 HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC LVIVA HELP PS2041 Comprehensive Housing Counselilig Page 29 Packet Pg. 801 16.D.4.a 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 With limited English proficiency pursuant to information located at http://www.lep.g,ov, 4.46 Equal Treatment of Faith -Based Organizations; By regulation, DOJ/BJA prohibits all recipient organizations from using financial assistance from DOJ/BJA to fund explicitly religious activities, The SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see littps://oip.gov/abotit/ocr/pai-tiiei-sliil)s.li . Discrimination on the basis of religion in employment is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on a ease -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 misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law, See https.//oi.1).gov/abOLIt/oct-/pdfs/UseofCotivictioti Advisory,pdf for 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 any agency, a member of Congress, an officer or employee of Congress, or an employee of 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 fiends that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352) and (H) 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 fiends 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. 4.49 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, HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC D/B/A HELP PS20-0l Comprehensive Housing Counseling Page 30 Packet Pg. 802 16.D.4.a 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 finds provided hereunder shall be utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office, 4.51 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Regfstet- 51225 (October 1, 2009), DOJ/BJA encourages recipients and subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by DOJ/BJA and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 4.52 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 to the trafficking of persons, whether on the part of the SUBRECIPIENT and any employees of the SUBRECIPIENT, The details of the SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at litt s://o' ov/fundin Ex lore/ProliibitedCoiidLtCt-Ti•affickin .htm. 4.53 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT understands and acknowledges that it cannot use any federal fiends, 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 firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under this funding agreement, the SUBRECIPIENT must comply with the requirements of 37 CFR Part 401, "Rights of Inventions Made by Nonprofit Organizations and Small Busines Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by HUD. littps://www.ecfi•. ovg /cgi- bin/retrieveECFR?g=u=&SID=a004b6bf2O934ace7a717de76ldc64c0&tncrtrue&n=pt3.7,1.40I &r PART&ty=HTML (Signature Page to Follow) HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC D/B/A HELP PS20-0 t Comprehensive Housing Counseling Page 31 Packet Pg. 803 16. D.4.a 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. ,ATUST-, CItYSTA�'�,1CINZEL, CLERK D- it) Clerk Dated: t'' O (S HWAL) BOARD OF COUNTY COMMISSIONERS OF COLLIEA:R�- BURT By: L. SAUNDERS, CHAIRMAN Dater> a. HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. d/b/a HELP By: 9"Dx MIG AEL PUCHALLA, EXECUTIVE DIRECTOR Date: � l rl o` o a"' A proved as to form and legality: Jentitfir A, Belpedio 01 Assistant County Attorney C;1� Date: 3 2 d £ ROUSING DEVELOPMENT CORPORKrION OF SW FLORIDA, INC I'520-0 I � comprehensive Housing Counseling page 32 Packet Pg. 804 16.D.4.a PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3: Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in I —3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this Agreement. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in I — 4 above, the SUBRECIPIENT shall provide, or cause its SUbcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s), The policy shall be in the name of Collier County and the SUBRECIPIENT. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC D/B/A HELP PS2MI Comprehensive Housing Counseling Page 33 Packet Pg. 805 16.D.4.a 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. 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. 1 1. 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. HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC DIB1A HELP PS20-01 CamPrchensive Housing Counseling Page 34 Packet Pg. 806 16.D.4.a EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: Housing Develoment Corporation of SW Florida, Inc., d/b/a HELP SUBRECIPIENT Address: 3200 Bailey Lane, Suite 209, Naples, FL 34105 Project Name: Comprehensive Housing Counseling Project No: PS20-01_ Payment Request # Total Payment Minus Retainage Period of Availability: 10/01/2020_ through 09/30/2021 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Strbrecipient CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request (Net of Retainage, if applicable).......__ $ $ 4. Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) $ $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and Lis as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor (Approval required $15,000 and above) Date Authorizing Gant Accountant Division Director (Approval Required $15,000 and above) HOUSING DEVELOPM ENT CORPORATION OF SW FLORIDA, INC D/B/A HELP PS MI ComPrehensive Hops€ng Counseling Page 35 Packet Pg. 807 16.D.4.a EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA GENERAL - 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 COUNTY's discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Agency Name: Housing Development Corporation of SW Florida, [nc, d/b/a HELP Date: Project Title: Comprehensive Flousing Counseling IDIS #I; Program Contact: Telephone Number: Activity Reporting Period Report Due Date October 1 11 — December 315' Jatluar 10" January 11— March 3151 Aril 101" April 1 11 — June 30th July 101" July I55 — September 30" October 101' REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 12/31 /20 3/31 /21 6/3 0/21 9/30/21 Please note: The CDBG/1-IOME/ESG Program year begins October 1, 2020 — September 30, 2021. Each quarterly report must include cumulative data beginiihig from the start of the progmin year October 1, 2020. 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, 2020. a. Outcome Goals: list the outcomegoal(s) from your approved application and SUBRECIPIENT Agreement Outcome 1: A minimum of one hundred and eighty 180 unduplicated households served. Outcome 2: A minimum of nine (9) low- to moderate -income persons and families will achieve ]tome ownership as a direct result of this program, Outcome 3: No less than at least fifty-one percent (51%) of households served are low- to moderate -income LMC to meet a CDBG National Objective, b, Goal Progress: Indicate the progress to date in meeting each outcome goal. Outcome 1: Outcome 2: Outcome 3: 2. 1 Is this oroiect still itl compliance with the original project schedule: Yes No I Since October 1, 2020; of the persons assisted, how many... Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes a. ...now have new access cominuin to this service or benefit? b. ...now have improved. access to this service or benefit? c. —now ,now receive a service or benefit that is no longer substandard? Total �1. What funding sources did Elie SUBRECIPIENT a 1 for this eriod? Section 108 Loan Guarantee $ CDBG $ Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ ESG $ $ HOPWA $ $ Total Entitlement $ HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC DIB/A HELP PS20-Ol Comprehensive Housing Counseling Page 36 Packet Pg. 808 16.D.4.a Funds 5. What is the total number of UNDUPLICATED Persons (LMC) or Households (LMI-I) 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 houschold. a. Total No. Persons/Adults served (LMC) 0 Total No, persons served under 18 0 LMC Quarter Total No. of Persons D Quarter Total No. of Persons 0 b. Total No. of Households served 0 Total No. of female head of household 0 LMH L Wliat is the total number of UNDUPLICATED clients served since October, if applicable? Answer question Ga or Gb, NOT both For LMC activities: race/et ltnicity and income data are reported by persons. a. Total No. Persons/Adults served (LMC) 0 Total No Persons served under 18 LMC 0 YTD Total: 0 YTD Total 0 b. Total No. Households served LMH 0 Total No, female head of household (LMH) 0 YTD Total 0 YTD Total 0 Complete EITHER question 7 or 8, NOT both Complete question 7a and 7b if your program 2 U1 serves clients in one or more of the listed HUD Presumed Benefit categories. 7. PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY LMCQuarter LMC YTD Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED served this uq artei who fall into each presumed benefit persons served since October I who fall into each category (the total should equal the total in question #ba presumed benefit category (the total should equal the or Gh): total in question #Ga or Gb); a Presumed Benefit Activities Onl LMC TR b Presumed Benefit Activities Only LMC YTD 0 Abused Children ELI 0 Abused Children ELI 0 Homeless ELI 0 Homeless Person ELI Person 0 Migrant Farm LI 0 Migrant Farin Workers LI Workers 0 Battered LI 0 Battered Spouses LI Spouses 0 Persons LI 0 Persons w/HIV/AIDS LI w/HIV/AIDS 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults I LI 0 Illiterate Adults LI 0 Severely LI 0 Severely Disabled Adults LI Disabled Adults 0 Quarter Total 0 YTD Total Complete question 8a and 8b if any client in our program does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED served this Quarter who fall into each income category persons served since October I (YTD) who fall into the total should equal the total in yttestion 96 : each income category the total should equal the total HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC DIt31A HELP PS20-01 Comprehensive Housing Counseling Page 37 Cu O L Q Q Q c m E cu a m cn cu c Cu r m tY r c m E ai ai L Q w c ai .Q ai L C9 m A+ M N to v N 0 0 N to IL ai c y c O U ai c .N O x IL J W x 0 0 0 N O N m to H C9 Q r c ai E t Cu Q Packet Pg. 809 16.D.4.a 19. in question 96 : a ELI Extremely Low Income (0-30%) 0 b ELI Extremely Low Income 0-30% 0 LI Low Income (31-50%) 0 LI Low Income 0 MOD Moderate Income (51-80%) 0 MOD Moderate Income 51-80% 0 NON-L/M Above Moderate Income (>80%) 0 NON-L/M Above Moderate Income >80% 0 Quarter Total 0 YTD Total 0 Is this project in a Low/Mod Area (LIMA)? YES NO Was project completed this quarter? YES NO If yes, coniplele all of this section 9, Date project completed Block Group Census Tract Total Beneficiaries Low/Mod Beneficiaries Lo%v/Mod Percentage 0 0 0 0 0 Date LMA Narrative approved by CHS? What documentation supports prgjeel 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 marry persons in each race category persons in each race category consider themselves consider themselves Hispanic. (Total Race column Hispanic. (Total Race column should equal the total in should eq rlal the total in queslion 6.question 6 a, RACE ETHNICITY b. RACE ETHNICITY /HISPANIC /HISPANIC White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 American Indian/Alaska Native 0 0 American Indian/Alaska 0 0 Native Native Haw-aiian/Other Pacific Islander 0 0 Native. Haivailan/Otfrer Pacific Islander 0 0 BlacklAfrican American & White 0 0 Black/African American & 0 0 White American Indian/Alaska Native & 0 0 American Indian/Alaska 0 0 Black/African American Native & Black/African American Other Multi -racial 0 0 Other Multi -racial 0 0 0 0 0 0 Name: Signature: Title: Your typed name here represents your electronic sianature HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC DIES/A HELP PS20-01 Comprehensive Housing Counseling Page 38 Packet Pg. 810 1Ei.D.4.a 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 band 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 fi•om Assets 1 2 3 4 5 6 7 S 0.00 Total Cash Value of Assets B(a) 0,00 Total Income from Assets B b 0.00 If fine B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave blank. B(c) HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC D/B/A HELP PS2"I Comprehensive, Housing Counseling Page 39 Packet Pg. 811 16.D.4.a C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages / Benefits / Public Other Salarics Pensions Assistance Income (include tips, Asset commissions, Income bonuses, and overtime) (Enter the I greater of 2 box B(b) or 3 box B(c), in above, 4 box C(c) 5 below) 6 7 8 Totals (a) (b) (e) (d) (e) 0.00 0.00 0.00 0.00 Enter total of items C(a) through C(e). 0.00 This amount is the Annual Anticipated Household Income. D. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. I/we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. I/we certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of pel jury. WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under S. 775.082 and 775.083. Signature of Head of Household Date Signature of Spouse or Co -Head of Household Date Adult Household Member (if applicable) Date Adult Household Member (if applicable) Date HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC D/BIA HELP PS2MI Comprehensive Housing Counseling Page 40 Packet Pg. 812 1ti.D.4.a 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 udder 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 30/50t11 of the Very Low Income (60 percent of VLI) percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ Very Low Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ } ❑ Low Income (LI) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Based upon the (year) income limits for the Naples -Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the CDBG Administrator or HislHer Designated Representative: Signature Printed Name F. Household Data Date Title Number of Persons By Race! Ethnicit By Age Native Antericalt Hawaiian or 0 —25 26 —40 41—61 62 � htdian Asian Black Other Pae. White Other Islander Hispanic Non - Hispanic NOTE: Information concerning the rate or ethnicity of the occupants it being gathered for statistical use only. IVo beneficiag is required to give such htfbrmation he or she desires to do so, and refusal to give such information will not affect any right he or she has to the CDBG program. HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC D/B/A HELP PS20-01 Comprehensive Housing Counseling Pepe 41 Packet Pg. 813 16.D.4.a EXHIBIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant.with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation Is provided regarding your organization's compliance. ' In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by established by 2 CFR Part 200, Subpart F.-- Audit Requirements. This form may be used to. monitor. Florida Single Audit Act Statute 215.97 re uirements. Subrecipient Name Housing Development Corporation of SW Florida, Inc dlbla HELP First Date of Fiscal Year MMIDDIYY 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 Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has ❑ been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ❑ ❑ Are a for -profit organization ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we ❑ understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title 06/18 HOUSING DEVELOPMENT CORPORATION OF S W FLORIDA, WC D/©/A HELP PS2M I Comprehensive Housing Cou11seling Page 42 0 (D N In I1 a) c y 0 U I) c .N 0 x a J W x r 0 0 r O N 0 N m C9 Q r c a� E t R a Packet Pg. 814