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Agenda 07/11/2023 Item #16D3 (Resolution - Maintain compliance to allow for the acceptance and use of the Federal Housing and Urban Development entitlement funds)16.D.3 07/ 11 /2023 EXECUTIVE SUMMARY Recommendation to (1) approve the Collier County PY 2023 One -Year Action Plan for U.S. Department of Housing & Urban Development Community Development Block Grant, HOME and Emergency Solutions Grants Programs, including the reprogramming of prior year funds and estimated program income; (2) authorize the necessary Budget Amendments in the amount of $3,776,300.43 for the HUD PY 2023-2024 budget; (3) approve the revised Citizen Participation Plan; (4) approve and execute the attached Resolution, and associated U.S. Department of Housing and Urban Development Certifications and Assurances, SF 424s Applications for Federal Assistance; (5) authorize the Chairman to sign any required HUD certifications, SF 424 Documents, and funding approval agreements related to the aforementioned programs and plan, and authorize transmittal to the U.S. Department of Housing & Urban Development; and (6) approve and authorize the Chairman to sign five (5) subrecipient grant agreements. (Housing Grant Fund 1835 and Match 1836) OBJECTIVE: To maintain compliance with federal regulations to allow for the acceptance and use of federal Housing and Urban Development entitlement funds to benefit the citizens of Collier County. CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) offers entitlement funds in three different programs to allow local governments to meet program -specific community needs. Entitlement programs include Community Development Block Grant (CDBG) which funds a wide variety of projects such as public services, public infrastructure, public facilities, HOME Investment Partnerships (HOME), which funds housing construction, rehabilitation and acquisition, housing rental assistance, and the Emergency Solutions Grants (ESG) which funds homeless programs such as shelter operations, rental assistance, and street outreach. On June 22, 2021, the Board of County Commissioners ("Board") approved the County's Five -Year Consolidated Plan for use of entitlement funds for the period of PY 2021-2025 (Agenda Item #16D7). As part of the County's 5- year Consolidated Plan, the Community and Human Services (CHS) Division is required to adopt and submit an Annual Action Plan each year. This is the third (3rd) year of the Five -Year Consolidated Plan. The Annual Action Plan was developed in accordance with the County's Citizen Participation Plan (CPP). In addition to the approval of the Action Plan, the CPP is being revised to update the Complaints and Solicitation process. During PY 2023 Collier County anticipates allocating $3,776,300.43 (including program income) in CDBG, HOME, and ESG funding to address the priority needs and goals identified in the PY 2021-2025 Consolidated Plan. The official HUD Funding Award Agreements will arrive later, and the chairman will need to execute the award agreements on behalf of the County. The Draft Action Plan and Citizen Participation Plan were advertised for thirty (30) days commencing on May 18, 2023, and ending on June 17, 2023, in anticipation of bringing the Action Plan to the July 11t1i Board meeting. No citizen comments were received prior to the publication of this Agenda Item. Comments received after publication will be incorporated into the Plan for transmittal to HUD and made part of the public record. The County's process for project selection begins with an application cycle annually in January, followed by a recommendation by the Review and Ranking Committee and conditional approval by the County Manager. Recommended projects are then outlined and described in the Action Plan and eventually finalized in subrecipient agreements for activities to be approved by the Board. There may be non -material changes in project descriptions and scope of service, between the initial application, development of the action plan, and finalizing the contractual agreements which are presented to the Board for approval. The annual HUD CDBG/ HOME/ ESG Application cycle, commenced on January 10, 2023, with applications due on February 20, 2023. On March 15, 2023, ten (10) applications for grant funding were reviewed and ranked for a final scoring recommendation. Three (3) of those applications applying for CDBG entitlement grant funding were selected for grant funding, one (1) application was received and selected for funding with ESG, and no applications were received for HOME funding. A Review and Ranking Committee approved by the County Packet Pg. 633 16.D.3 07/ 11 /2023 Manager's Office, scored the applications and made recommendations for approval of the presented Grant Agreements. The projects recommended by the Committee are used for formulating the Annual HUD Action Plan. To meet the Action Plan goals and outcomes, PY 2023 funding allocations will focus on three (3) main areas as follows: Table 1: Consolidated Plan Goals, Objectives and Outcomes Goal Name Objective Outcome Anticipated Goal Outcome Indicator Provide Public Services Suitable Living Increase/Sustain Public service activities other than Environment needed public Low/Moderate Income Housing services Benefit: 40 Persons Assisted Support New Construction Provide Decent, Affordability Rental units rehabilitated: 35 Rehabilitation/Acquisition Affordable Household Housing Unit (includes 2 Rental Housing units acquired) Emergency Housing Homeless Availability/ Homeless Person Overnight Shelter: Operations and Services Assistance Accessibility 300 Persons Assisted and Rapid for the Homeless Rehousing and Homeless Prevention: 5 Persons Assisted Although four (4) HUD projects have been recommended for award, there are five (5) subrecipient agreements included with this agenda item, because one is a continuation award from PY22. Further, a required set -aside under the HOME program for development activities with a Community Housing Development Organization will require the County to obligate 15% of the annual HOME funding allocation to an eligible entity for affordable housing development activities. Once identified, an agreement with that organization will be brought back to the Board for approval. The HOME program requires a 25% match obligation, and this will be met through excess match the County currently has and through subrecipients. The Emergency Solutions Grant rapid rehousing and homeless prevention programs will be delivered by Community and Human Services directly, as no subrecipients are interested in delivering these programs. As a recipient of HUD funding, the County is required to fully expend all funds appropriated in the entitlement allocation. With the lack of subrecipients, it is necessary for the County to contribute the 14 match funding in the amount of $84,614 from the General Fund through the FY 24 budget. The following table illustrates the proposed awards: Table 2: The table below includes current Program Year 2023 allocations and prior year available resources CDBG Collier County Housing Authority - HVAC Installation $500,000 Collier County Housing Authority - Rental Acquisition $1,000,000 Sunrise Community -Transportation $130,000 HOME Community Housing Development Organization (CHDO)-TBD $126,742 Collier County Housing Authority - Tenant Base Rental Assistance (Continuation Award PY22) $344,251.78 ESG Shelter for Abused Women and Children - Emergency Operations $126,920 ESG Rapid Rehousing and Homeless Prevention (delivered by CHS) $68,748.95 Packet Pg. 634 16.D.3 07/ 11 /2023 FISCAL IMPACT: The PY 2023 HUD entitlement allocation to Collier County and the City of Naples shown in the below chart total $3,631,115, projected program income of $60,571.43 and a cash match of $84,614 for a total of $3,776,300.43 will allow CHS to administer, implement, and monitor the projects outlined in the FY 2023-2024 Annual Action Plan. Costs associated with grant administration and staffing are primarily covered by the entitlement funding, with a required cash match contribution for the ESG Program ($84,614). Projects are established as CDBG 33855, HOME 33864, and ESG 33856. Budget Amendments are required for PY 23 in the amount of $2,603,633 for CDBG, $876,519.43 for HOME, and $211,534 for ESG within Housing Grant Fund (1835). ESG requires a one hundred percent (100%) match of $211,534 which will be provided by the sub - recipients in the amount of $126,920 and the County cash match amount of $84,614 will be available within the Housing Match Fund (1836) reserves funded by the General Fund. A Budget Amendment in the amount of $84,614 is required in FY24 to appropriate the reserve amount of $84,614 to ESG Project 33856. Table 3: Includes allocations for Program Year 2023 Federal PY 2023 Estimated Match Total Administration Program Allocation Program Income CDBG I $ 2,574,633.00 $29,000.00 I $ 2,603,633.00 $520,726.60 HOME I $ 844,948.00 I $31,571.43 I I $ 876,519.43 I $87,651.94 ESG $ 211,534.00 I $84,614.00 I $ 296,148.00 $84,614.00 TOTAL $ 3,631,115.00 I $60,571.43 $84,614.00 $3,776,300.43 I $692,992.54 LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. -DDP GROWTH MANAGEMENT IMPACT: Federal HUD funding assists the County in addressing some of the goals and objectives of the Housing Element in the Growth Management Plan. RECOMMENDATION: To (1) approve the Collier County PY 2023 One -Year Action Plan for U.S. Department of Housing & Urban Development Community Development Block Grant, HOME and Emergency Solutions Grants Programs, including the reprogramming of prior year funds and estimated program income; (2) authorize the necessary Budget Amendments in the amount of $3,776,300.43 for the HUD PY 2023-2024 budget; (3) approve the revised Citizen Participation Plan; (4) approve and execute the attached Resolution, and associated U.S. Department of Housing and Urban Development Certifications and Assurances, SF 424s Applications for Federal Assistance; (5) authorize the Chairman to sign any required HUD certifications, SF 424 Documents, and funding approval agreements related to the aforementioned programs and plan, and authorize transmittal to the U.S. Department of Housing & Urban Development; and (6) approve and authorize the Chairman to sign five (5) subrecipient grant agreements. Prepared By: Lisa N. Carr, Grants Coordinator II, Community and Human Services Division ATTACHMENT(S) 1.2021-2025 Collier County Citizen Participation Plan (PDF) 2. [linked] 2023 CDBG AGREEMENT CD 23-02 CCHA Rental Acquisition - DDP(PDF) 3. [linked] HOME-CCHA TBRA 23-24 -DDP (PDF) 4. [linked] 2023 ESG Shelter Operations 23-24- DDP (PDF) 5. Resolution - 25849 (PDF) 6. SF 424 & Assurances (PDF) 7. Certification and Non -Construction Assurances (PDF) Packet Pg. 635 16.D.3 07/ 11 /2023 8. [linked]2023 CDBG AGREEMENT CCHA HVAC DL - DDP (PDF) 9.1797355 2023 CDBG-PS 23-01 Sunrise Transportation - DDP (PDF) 10. Collier County 2023 AAP FINAL 7.3.23 (PDF) Packet Pg. 636 16.D.3 07/ 11 /2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.13.3 Doc ID: 25849 Item Summary: Recommendation to (1) approve the Collier County PY 2023 One -Year Action Plan for U.S. Department of Housing & Urban Development Community Development Block Grant, HOME and Emergency Solutions Grants Programs, including the reprogramming of prior year funds and estimated program income; (2) authorize the necessary Budget Amendments in the amount of $3,776,300.43 for the HUD PY 2023-2024 budget; (3) approve the revised Citizen Participation Plan; (4) approve and execute the attached Resolution, and associated U.S. Department of Housing and Urban Development Certifications and Assurances, SF 424s Applications for Federal Assistance; (5) authorize the Chairman to sign any required HUD certifications, SF 424 Documents, and funding approval agreements related to the aforementioned programs and plan, and authorize transmittal to the U.S. Department of Housing & Urban Development; and (6) approve and authorize the Chairman to sign five (5) subrecipient grant agreements. (Housing Grant Fund 1835 and Match 1836) Meeting Date: 07/11/2023 Prepared by: Title: Grants Coordinator — Community & Human Services Name: Lisa Carr 06/22/2023 11:10 AM Submitted by: Title: Manager - Federal/State Grants Operation — Community & Human Services Name: Kristi Sonntag 06/22/2023 11:10 AM Approved By: Review: Public Services Department Todd Henry PSD Level 1 Reviewer Operations & Veteran Services Jeff Weir OVS Director Review Community & Human Services Kristi Sonntag CHS Review Grants Erica Robinson Level 2 Grants Review Public Services Department Geoffrey Willig 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 County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Grants Therese Stanley Additional Reviewer Office of Management and Budget Blanca Aquino Luque Additional Reviewer County Manager's Office Geoffrey Willig Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 06/30/2023 12:53 PM Completed 06/30/2023 4:49 PM Completed 06/30/2023 5:56 PM Completed 07/03/2023 12:48 PM Skipped 07/03/2023 12:54 PM Completed 07/03/2023 4:12 PM Completed 07/05/2023 8:23 AM Completed 07/05/2023 9:06 AM Completed 07/05/2023 9:56 AM Completed 07/05/2023 11:02 AM Completed 07/05/2023 12:20 PM 07/11 /2023 9:00 AM Packet Pg. 637 Collier County, Florida 2021— 2025 Citizen Participation Plan The 2021 - 2025 Citizen Participation Plan details the public participation and community involvement activities related to the development of the Consolidated Plan, Assessment of Fair Housing, Annual Action Plan, Performance Reports, and future amendments of such plans. February 9, 2021 Amended July 2023 16.D.3.a Packet Pg. 638 16.D.3.a 2021 -2025 Citizen Participation Plan Pagu I i Table of Contents INTRODUCTION.........................................................................................................................1 CITIZEN PARTICIPATION PLAN REVIEW AND UPDATE................................................................. 2 Citizen Participation Plan Public Review and Comments......................................................................3 CONSOLIDATED PLANNING AND ASSESSMENT OF FAIR HOUSING PROCESS ................................ 4 Public Planning Hearings, Meetings, Forums and Surveys....................................................................4 SolicitationProcess............................................................................................................................5 Public Review of the Draft Consolidated Plan and Assessment of Fair Housing.....................................6 ANNUAL ACTION PLAN.............................................................................................................. 7 AMENDMENTS TO THE CONSOLIDATED PLAN, ANNUAL ACTION PLAN OR ASSESSMENT OF FAIR HOUSING.................................................................................................................................. 8 Revising an Accepted Assessment of Fair Housing...............................................................................9 Citizen Notification of Substantial Amendments.................................................................................9 Disaster or Public Health Emergency Declaration and Funding.............................................................9 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) .........................10 PUBLIC HEARINGS AND MEETINGS...........................................................................................11 DISASTERS.......................................................................................................................................11 ACCESSTO RECORDS...............................................................................................................12 TECHNICAL ASSISTANCE...........................................................................................................12 COMPLAINTS AND APPEALS.....................................................................................................13 Packet Pg. 639 16.D.3.a 2021-2025 Citizen Participation Plan Page 11 July 2023: Amended to update the Complaints and Solicitation Process INTRODUCTION In 2001, Collier County became entitled to receive annual grant funding from the federal Community Development Block Grant (CDBG)/HOME and Emergency Solutions Grant (ESG) program. As an entitlement jurisdiction, the County receives the CDBG funding directly from Housing and Urban Development (HUD) and administers the grant, including ensuring the funds are used according to the Code of Federal Regulations (CFR) and the associated plans, reports and certifications are completed on time and accurately. Each entitlement jurisdiction must complete a Consolidated Plan at least once every five years (24 CFR § 91.15). The Consolidated Plan is a strategic plan to examine the housing and community development needs of a jurisdiction, set priorities for HUD grant monies and establish an action plan for meeting current and future needs. Each Consolidated Plan is also required to have a strategy for citizen participation in the Consolidated Planning process (24 CFR Part 91.105). HUD requires entitlement jurisdictions to submit an Annual Action Plan (AAP) by August of each year to receive the CDBG/HOME/ESG funding (24 CFR § 91.15). The Annual Action Plan serves in part, as the County's application to HUD for the following year's funding. The AAP includes: 1. projects the County desires to fund; 2. funding amounts for each project; 3. tasks and objectives to accomplish during the program year; 4. the public participation process accomplishments; 5. how other resources will be leveraged; and 6. how the County plans to address barriers to affordable housing, fair housing and homelessness. The County's program year begins October 1 and ends September 30. At the end of each program year, the County will produce a Consolidated Annual Performance and Evaluation Report (CAPER). The CAPER reviews the progress the County has made in carrying out the priorities in the Consolidated Plan and most recent AAP. The report includes a description of the resources made available, the investment of the resources, the distribution and location of investments, per 24 CFR § 91.520. This report must be submitted to HUD within 90 days of the end of the County's program year. It is the policy of the County to ensure the meaningful participation of its citizens in the development of any Consolidated Plan, AAP, CAPER, and any Substantial Amendment to a plan, with particular emphasis on participation by low- and moderate -income residents and neighborhoods. The facilitation of a citizen participation process accessible to all residents regardless of minority status, disability, or English fluency is essential. Packet Pg. 640 2021-2025 Citizen Participation Plan Page 12 16.D.3.a The Citizen Participation Plan (CPP) outlines the methods and procedures Collier County will use to solicit community feedback and engagement when developing plans and priorities for funds received by the U.S. Department of Housing and Urban Development (HUD). The CPP reflects the importance of community engagement while developing various neighborhood plans, programs and activities. The CPP also meets or exceeds the federal requirements found in 24 CFR 91.105. Collier County is committed to ensuring opportunities are available for residents and stakeholders to provide meaningful, thorough and effective input in the development of community development plans and policies. The County will tailor its community engagement efforts to the unique landscape of Collier County from the agricultural areas of the eastern county to the urban enclaves along the Gulf of Mexico. Intentional efforts will be made to gain input from low- and moderate -income residents, disabled, elderly and other special populations that are likely to be impacted through the programs and activities developed during the planning process. The CPP outlines the minimum participation requirements and processes. The Board of County Commissioners remains the sole approving authority for the various HUD plans and any amendments. CITIZEN PARTICIPATION PLAN REVIEW AND UPDATE It is the policy of the County to encourage and facilitate the full and meaningful participation of residents, service providers, government agencies, and other stakeholders in the development of all HUD required consolidated planning documents including the Five -Year Consolidated Plan, Annual Action Plans, Substantial Amendments, and the Consolidated Annual Performance and Evaluation Report (CAPER). The primary purpose of the participation will be in needs identification, priority setting, program recom m eidations, and funding allocations related to the consolidated planning process. The County shall provide for and encourage citizen participation with particular emphasis on: • Low and moderate -income persons, particularly those living in areas where CDBG/HOME and ESG funds are proposed to be used; • Residents of predominantly low and moderate -income neighborhoods; • Minorities; • People with Limited English Proficiency; • People with Disabilities; • Residents of public and other assisted housing developments; and • Local and regional institutions, the regional Continuum of Care and other organizations (including businesses, developers, nonprofit organizations, philanthropic organizations, community and faith -based organizations). Packet Pg. 641 2021-2025 Citizen Participation Plan Page 13 16.D.3.a Collier County is committed to keeping all interested groups and individuals informed of each phase of the Consolidated Plan and AAP processes, plus the activities undertaken with CDBG/HOME and ESG funds. Opportunities to comment on or participate in planning, community development, and affordable housing activities and projects will be publicized and disseminated throughout Collier County using a variety of media. The CPP will be reviewed and updated at least once prior to the development of the five-year Consolidated Plan as required by HUD, or prior to the five-year interval if the Collier County Board of Commissioners deems necessary. Citizen Participation Plan Public Review and Comments Collier County shall publish the draft CPP for public review and comment 30 days prior to submission of the draft CPP to the County Board of Commissioners for their review and approval. The County shall post the draft CPP on the County website and provide free printed copies upon request. The County shall notify past participating agencies, community groups, and civic associations when the draft is available for review and comment. The method of receiving public comments shall be included in the notice. To provide Collier County residents with the maximum opportunity to comment on the CAPER, Citizen Participation Plan, Action Plan, Consolidated Plan, and any Substantial Amendment. The County will provide the following Public comments periods: • Citizens may comment on the Consolidated Annual Performance and Evaluation Report at least fifteen (15) days from the date of the Public notice • Citizens may comment on the Consolidated Plan and Action Plan for at least thirty (30) days after the publication date of the draft plan. • Citizens may comment on the Citizen Participation Plan for at least thirty (30) days after the publication date for the draft document. • Citizens may comment on any Substantial Amendments to the Consolidated Plan and Action Plan for at least thirty (30) days after the publication date for the draft document. The following are appropriate ways to provide public commit on any public noticed document: • Written comments may be submitted in person to the Community and Human Services Building H Suite 211 • Write to Community and Human Services Division • Attend the Public Hearings and meetings described above. Each agenda provides time for public comment. The participation of all citizens, including minorities and persons with disabilities are particularly encouraged to provide public comments. Translation services, if required, must be requested in advance for scheduling purposes. Persons with limited English proficiency may also provide a translator of their choice. Translation or interpretation is subject to availability of web -based software or staff through Collier County Facilities Division and will request services upon five (5) business days advanced notice. Packet Pg. 642 16.D.3.a 2021-2025 Citizen Participation Plan Page 14 CONSOLIDATED PLANNING AND ASSESSMENT OF FAIR HOUSING PROCESS This section outlines how Collier County will ensure community engagement and participation in the development of the Consolidated Plan and Assessment of Fair Housing. Community engagement and participation is the foundation of Collier County's community planning efforts. Collier County will undertake intentional steps and efforts to seek input and feedback in developing community plans, including the Consolidated Plan and Assessment of Fair Housing (AFH). There will be multiple points throughout the planning process that affords residents, public agencies and other stakeholders the opportunity to shape the consolidated planning process. Collier County will use engagement techniques such as facilitated public meetings and forums, focus group and individual interviews, as well as online and paper -based surveys. Collier County will also receive comments through informal discussions with stakeholders such as neighborhood associations through neighborhood meetings and phone or email communication. Public Planning Hearings, Meetings, Forums and Surveys In order to engage residents and stakeholders during the development of the Consolidated Plan and AFH, Collier County shall facilitate a series of hearings, meetings, forums and surveys. The County will consider any comments or views of residents and stakeholders received in writing or orally, in preparing the Consolidated Plan, AFH, or Annual Action Plan. Public Hearings During the Consolidated Planning and AFH process, Collier County will hold at least one public hearing to gather input from residents, public agencies, and other key stakeholders. The public hearings will generally be held at the Collier County Community and Human Services offices which is centrally located but may be moved to a neighborhood -based location. Public hearing locations shall be accessible to persons with mobility impairments. During the hearing, the County shall: • Provide an overview of the CDBG, HOME, ESG and Fair Housing programs. • Provide examples of past programs and eligible expenditures. • Seek input on housing and community development needs and non -housing community development needs. At a minimum, the public hearing shall be advertised at least 14 days prior to the hearing in the Naples Daily News or other newspaper of general circulation. The County will notify key constituents and public agencies of the hearing by letter, postcard or via email. The notice of Packet Pg. 643 16.D.3.a 2021-2025 Citizen Participation Plan Page 15 the public hearing will also be posted on the County's website and/or social media platforms. Translation services for non-English speaking residents will be made available during the public hearings. Public Planning Meetings A minimum of one public planning meeting will be held throughout the development of the Consolidated Plan and AFH to gather additional public input. Public planning meetings shall be advertised on the County's website and/or social media account, direct email to prior participants, and email notices to public agencies and stakeholders. Planning meetings will be located and facilitated in a manner to encourage participation among predominately minority and/or low -and moderate -income neighborhoods, and non-English speaking residents. Public meetings shall be held in locations that are accessible to persons with mobility impairments. Arrangements can be made through the Collier County Community and Human Services Division at least five (5) working days before any public meeting for those persons requesting assistance for special needs. Assistance can include, but is not limited to, assistance for non- English -speaking persons and for those who require a sign language interpreter. The County must receive reasonable time to respond to any such requests. Public Planning Forums or Focus Groups The County shall consult with community agencies such as the Continuum of Care, housing authorities, social service agencies, former and current subrecipients, affordable housing developers and advocates, and neighborhood and civic leaders regarding needs within the community and needs of the clients served by the various agencies. This consultation may be done through focus groups or individual interviews. Community Surveys Collier County shall provide an alternative way for interested residents and community members, who cannot attend the public meetings, to comment on community needs and priorities such as through community needs and priorities surveys. Surveys shall be available in English and Spanish. Solicitation Process There are several approaches approved by HUD that the Collier County may use to select projects to be included in the AAP for funding. Basic Models: Depending on the situation and circumstance of the project or the needs of the community the staff may choose any one of the following models or variations of those approaches to assist in the solicitation process of sub -recipients. The basic models are as follows: 1. Formal Application Process (RFA - Request For Applications or RFP Request For I Packet Pg. 644 2021-2025 Citizen Participation Plan Page 16 16.D.3.a Proposals): Requires the submission of a formal application, typically undertaken once a year in conjunction with the grantees planning process. Applications are evaluated based on explicit selection criteria. This process works best for projects with: a. numerous or complex activities; b. numerous potential applicants with varying degrees of experience; c. limited funding and increasing competition 2. Limited Application/Pre-Application Process: This approach is similar to the formal application process, but the application is not detailed, allowing the Staff to review the applications and narrow the number of applications before requesting additional detailed information prior to making the final selections. This process is useful for grantees interested in encouraging additional participation of potential sub- recipients unfamiliar with the process or when the grantee is providing matching dollars for a larger project. 3. Request for Qualifications (RFQ): The Staff will identify potential qualified sub - recipients through an informal process or through a general RFQ. From the identified group, the staff will identify organizations qualified to carry out specific activities and will approach the organization about their interest in doing so. This process is proactive and is focused on qualified organizations that have the experience and capacity to present new and innovative approaches to solve approved objectives. 4. "Open Door" or Unsolicited Application Process: Allows application requests to be accepted and considered any time during the program year until funds are no longer available. The unsolicited application shall meet the same requirements of the solicitation process already in place for the identified funding source, and the application shall be evaluated based on the criteria used during the regular application process with selections to be made by staff. Selection of Sub -recipients and Contractors: Collier County will select from applicants who are requesting funding using criteria established by the County. Public Review of the Draft Consolidated Plan and AFH Collier County will make a draft of the Consolidated Plan and AFH available for public review and comment for a period of not less than 30 days. To ensure the community is aware of the funding available and proposed projects, Collier County shall publish the following information before adoption of the Consolidated Plan: • The amount of assistance the County expects to receive (including grant funds and program income). • The range of activities that may be undertaken. • The estimated amount of funding that will benefit persons of low- and moderate - income. Packet Pg. 645 16.D.3.a 2021-2025 Citizen Participation Plan Page 17 • The County's plans to minimize displacement of persons and to assist any persons displaced, specifying the types and levels of assistance Collier County will make available (or require others to make available) to persons displaced, even if Collier County expects no displacement to occur. • Locations where the draft plans will be available to review. The County shall make the draft plans available free of charge online and in printed form. To inform residents and stakeholders the plan is available for review and comment, the County shall: • Publish a summary of the proposed Consolidated Plan in the Naples Daily News describing the contents and purpose of the Consolidated Plan, and locations where the entire plan may be examined. • Place an electronic copy of the plan on the County's website. • Make printed copies available at: Collier County CHS Office Building and the main Collier County Library branch. • Notify public agencies and stakeholders via email that the plan is available for review and comment. ANNUAL ACTION PLAN The Annual Action Plan (APP) public participation process is similar to that of the Consolidated Planning process. At least one public hearing and one public meeting will be held during the planning process to identify needs and gather input regarding potential activities and available funds. The County shall make the draft APP available free of charge online and in printed form. To inform residents and stakeholders the plan is available for review and comment, the County shall: • Publish a summary of the proposed APP in the Naples Daily News describing the proposed activities and funding amounts, and locations where the entire plan may be examined. • Place an electronic copy of the plan on the County's website. • Make printed copies available at: Collier County Building and Collier County Library branches. • Notify public agencies and stakeholders via email the plan is available for review and comment. A draft Annual Action Plan will be published, and a 30-day public comment period will be observed. During this public comment period, one public hearing will be held to provide an opportunity for the public and stakeholders to comment on the draft AAP. These comments will be addressed and included in the plan documents. After the 30-day public comment period is Packet Pg. 646 16.D.3.a 2021-2025 Citizen Participation Plan Page 18 complete, the plan will be submitted to the Collier County Board of Commissioners for review and approval prior to plan submission to HUD. Collier County will submit the approved plan to HUD for review no later than 45 days prior to the beginning of the program year, on or about August 1511 of each year. AMENDMENTS TO THE CONSOLIDATED PLAN, ANNUAL ACTION PLAN OR ASSESSMENT OF FAIR HOUSING Amendments to the Consolidated Plan, Annual Action Plan and Assessment of Fair Housing will be made public, and the County will notify HUD when the amendment has been made. The County will submit a copy of each amendment to HUD as it occurs. Criteria for Substantial Amendment to the Consolidated Plan or Annual Action Plan The County may, from time to time, amend the Consolidated Plan or Annual Action Plan activities to further the housing and community development goals of the County. In accordance with 24 CFR 91.105(C), Collier County will use the following criteria for determining what changes in the planned or actual activities of the Consolidated Plan or Annual Action Plan constitute a Substantial Amendment subject to 24 CFR 91.105(b). 24 CFR 91.505 only applies to amendments of the Consolidated Plan and Action Plan, and not individual activities enumerated within HUD's Integrated Disbursement and Information System (IDIS) Those changes in the planned or actual activities described in the Consolidated Plan or Annual Action Plan that do not meet the threshold of a Substantial Amendment will be processed administratively, in accordance with 24 CFR 91.505. Only Substantial Amendments are subject to the citizen participation process outlined within the Citizen Participation Plan. All other amendments are deemed administrative and shall be submitted to HUD as it occurs, or at the end of the program year in accordance with 24 CFR 91.505 (c). The criterial for a Substantial Amendment to the Consolidated Plan and Action Plan shall include: • The complete elimination of a project from the CDBG, HOME or ESG entitlement program. • A new CDBG, HOME, or ESG project not described in the Consolidated Plan and/or Annual Action Plan. • An increase or decrease in the CDBG, HOME, or ESG portion of the project budget of more than $50,000.00 or forty-five percent (45%), whichever is greater. • Any major programmatic changes in the scope of the project or activity whereby the intended beneficiaries are reduced by more than 25% or the project location changes to the extent it no longer serves the original target population outlined in the Annual Action Plan. • Budget Amendments as Part of the Annual Action Plan: budget balances de -obligated from cancelled activities or activities that have been successfully completed under-1 Packet Pg. 647 16.D.3.a 2021-2025 Citizen Participation Plan Page 19 budget can be rolled forward into the next Annual Action Plan and CDBG funding round. Because Citizen Participation for a Substantial Amendment follows the same requirement as the proposed Annual Action Plan, no additional public participation is needed for this type of amendment Revising an Accepted Assessment of Fair Housing The accepted AFH may be revised in cases where: • A material change has occurred that affects the fair housing priorities and the goals no longer reflect actual circumstances. This could include sudden natural disasters which preclude affirmatively furthering fair housing, significant demographic changes, or court orders. • Upon written notice from HUD specifying a material change that requires a revision. Any changes that constitute a substantial amendment to the Consolidated Plan, Annual Action Plan or AFH require Collier County follow the citizen notification of substantial amendments. All other non -substantial amendments will be completed administratively. Citizen Notification of Substantial Amendments Collier County will notify residents and stakeholders if a substantial amendment to the Consolidated Plan, Action Plan or AFH is required. A summary of the proposed substantial amendment will be published in the Naples Daily News and posted on the County's website. From the date of publication of this summary, the County will provide for a 30-day comment period in which residents of Collier County will have the opportunity to provide their comments and views on the proposed substantial amendment. During this public comment period, the County will hold one (1) public hearing for residents to provide comments and feedback. A copy of the substantial amendment will be available free of charge to any resident or interested party requesting it. Copies of the substantial amendment will be made available to the public on the County's website or from the Collier County Community and Human Services Division. Collier County will consider any comments or views of citizens received in writing or orally at the public hearing in preparing substantial amendments to the Consolidated Plan, Annual Action Plan, or Assessment of Fair Housing. Disaster or Public Health Emergency Declaration and Funding In situations where a natural disaster, public health crisis, or other emergency situation arises and HUD issues updated guidance, or special -use funding surrounding that particular emergency or event, Collier County will follow the revised HUD guidance when amending the Consolidated Plan or Annual Action Plan. In the event of a natural disaster or catastrophic occurrence, Collier County may determine the need to make a Substantial Amendment to the Consolidated Plan and Annual Action Plan to address the unforeseen needs of the community. The County may request and obtain from HUD a complete waiver or reduction in days of the required Packet Pg. 648 16.D.3.a 2021-2025 Citizen Participation Plan Page 110 thirty (30) days public notice period for Substantial Amendments. Emergency amendments do not require thirty (30) days public notice. In such an event, the County will: • Follow the revised HUD authorization related to the minimum required public comment period. • Expedite, as prescribed by HUD, the public notification and public hearing process. • Undertake additional measures, authorized by HUD, to expedite the use of HUD funds to mitigate the effects of the disaster or emergency within the community. Collier County will consider any comments or views of citizens received in writing or orally at the public hearings in preparing substantial amendments to the Consolidated Plan, Annual Action Plan, or Assessment of Fair Housing. CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT CAPER Collier County will produce an annual performance report which will review and report on the progress it has made in carrying out its strategic plan and the action plan. This performance report will include a description of the resources made available, the investment of available resources, the geographic distribution and location of investments, the families and persons assisted (including racial and ethnic status of persons assisted), actions taken to affirmatively further fair housing, and other actions indicated in the strategic plan and the action plan. Collier County will provide residents and stakeholders reasonable time and opportunity to comment on this annual performance report before it is submitted to HUD. The performance report will be submitted to HUD within 90 days after the close of the program year, which is September 30. To provide reasonable notice to residents and stakeholders, the County will publish a notice of the report in the Naples Daily News and on the County's website on or about sixty-five (65) days after the end of the program year. The County will provide a period of fifteen (15) days for the public to comment on the performance report during which the County will hold at least one public hearing to discuss the performance report. After the end of the public comment period, any comments will be addressed by staff and included as part of the CAPER before the report is submitted to HUD for review. Copies of the draft and final documents will be available free of charge at the Collier County CHS building, County Website and Collier County Libraries. Collier County will consider any comments or views of citizens received in writing, or orally at the public hearings, in preparing the Consolidated Annual Performance and Evaluation Report. Packet Pg. 649 2021-2025 Citizen Participation Plan Page 111 16.D.3.a PUBLIC HEARINGS AND MEETINGS Collier County will hold at least two public hearings throughout each program year. At least one public hearing will be held before the publication of the Annual Action Plan and a second during the CAPER review period. The purpose of the public hearings will be to obtain citizens' views and to respond to proposals and questions. Each of the public hearings will address housing and community development needs, development of proposed activities, and review of program performance. As part of the Consolidated Plan process, the County will hold one public hearing during the 30-day public comment period before the Consolidated Plan is published and submitted to HUD. Each of the public hearings will be advertised at least two weeks (14 days) before it is scheduled to be held with a notice in the Naples Daily News or other newspaper of general circulation. The County will also use the network of committees created to facilitate the development of the Consolidated Plan, to receive citizen input and inform the citizens of any proposed public hearing. Email or direct mailings will be used to provide information regarding public hearings to this existing network. In general, public hearings and meetings will be held at the Collier County Community and Human Services offices, which is centrally located. However, public hearings and meetings may at times be held in different locations throughout the County, particularly in those areas with concentrations low- and moderate -income residents. The locations of all public hearings will be included in the notice, and all public hearings will be in locations that are convenient to actual and potential beneficiaries, and locations accessible to persons with disabilities. All meetings will be held in facilities which are accessible to persons with disabilities. Arrangements can be made through the Collier County Community and Human Services Division at least five (5) working days before any public meeting for those persons requesting assistance for special needs. Assistance can include, but is not limited to, assistance for non- English -speaking persons and for those who require a sign language interpreter. The County must receive reasonable time to respond to any such requests. DISASTERS If a federal and/or state disaster declaration is made, the County will evaluate the available resources to address the disaster. If the County determines that resources are available, the County will follow the process for amendments as identified on page 10. To expedite actions to address the disaster, the County will request waivers from the HUD Miami Field Office for the following requirements within 24 CFR 91.115(c)(2) and (i): 1. Citizen Participation Plan Comment Period for Substantial Amendments —Reduce the public comment period from thirty days to no less than five days or as otherwise approved by HUD. Packet Pg. 650 16.D.3.a 2021-2025 Citizen Participation Plan Page 112 2. Citizen Participation Reasonable Notice and Opportunity to Comment — allows the County to determine and adjust what constitutes reasonable notice and opportunity to comment given the circumstances. Example: Per the CARES Act, ESG-CV funds shall not be subject to the consultation, citizen participation, or match requirements that otherwise apply to the Emergency Solutions Grants program, however the County must publish how it has and will utilize its allocation, at a minimum, on the Collier County website or through other electronic media. ACCESS TO RECORDS The Consolidated Plan, Annual Action Plan, and Assessment of Fair Housing as adopted, any substantial amendments, and the performance report will be made available to the public. Upon request, these documents will also be provided in a form accessible to persons with disabilities. These documents will be available for public inspection in the Collier County Community and Human Services Division during regular business hours. Persons requesting special assistance in regard to access of these documents must provide the County reasonable time in which to aid in accessing these documents. The documents will also be available on the County's website. The County will respond to any reasonable request for information and records relating to the Consolidated Plan and Action Plan for the preceding five (5) years. The County will provide this access to citizens, public agencies and other interested parties in a reasonable and timely manner. All requests for access to these records must be made in writing to: Collier County Community and Human Services Division 3339 East Tamiami Trail Suite 211 Naples, Florida 34112-5361 Phone:239-252-2273 TECHNICAL ASSISTANCE The County will hold mandatory technical assistance meetings to assist community groups and not -for -profit agencies who are interested in applying for CDBG, HOME and ESG funds. The County is committed to increasing the capacity of local agencies to become high -performing subrecipients, because the subrecipient agencies are a critical part of the successful implementation of affordable housing and community development programs. Packet Pg. 651 16.D.3.a 2021-2025 Citizen Participation Plan Page 113 In addition to the mandatory technical assistance meeting, the County will assist any groups with technical assistance related to the CDBG, HOME, or ESG program, or the Assessment of Fair Housing upon request. COMPLAINTS AND APPEALS Collier County appreciates feedback from concerned residents and agencies on all aspects of the HUD programs and Assessment of Fair Housing. Such complaints should be filed within thirty (30) days of the alleged discriminatory act. All written complaints received by the Collier County Community and Human Services Division will be considered. Written complaints and feedback can be submitted to: Collier County Community and Human Services Division Attn: Donald Luciano, Assistant Director-CHS 3339 East Tamiami Trail Suite 211 Naples, Florida 34112-5361 The Community and Human Services Division will act swiftly and objectively in resolving all written complaints and grievances utilizing the following strategies: 1. The Community and Human Services Division will respond to citizen complaints/grievances within fifteen business (15) days. The Director's response will indicate the avenue(s) of appeal to the complainant. 2. Citizens may, at any time during the complaint resolution process, contact the U.S. Department of Housing and Urban Development (HUD) directly at the following address: U.S. Department of Housing and Urban Development Office of Community Planning and Development 909 SE First Avenue, Room 300 Miami, Florida 33131-3028 No person shall intimidate, threaten, coerce, or discriminate against any person because he/she has made a complaint, testified, assisted, or participated in any matter in an investigation, proceeding, or hearing related to a complaint. Packet Pg. 652 16.D.3.h RESOLUTION NO.2023 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING: A ONE-YEAR ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS (HOME), AND EMERGENCY SOLUTIONS GRANT (ESG) PROGRAMS PY23, AND THE REVISED CITIZEN PARTICIPATION PLAN; APPROVING AND AUTHORIZING THE CHAIRMAN TO EXECUTE ANY REQUIRED HUD CERTIFICATIONS, SF 424 DOCUMENTS, AND FUNDING APPROVAL AGREEMENTS RELATED TO THE AFOREMENTIONED PROGRAMS AND PLAN; AUTHORIZING TRANSMITTAL OF THE PLANS TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States Department of Housing and Urban Development (HUD) requires a Five -Year Consolidated Plan and One -Year Action Plan be developed and submitted as an application for planning and funding of Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) Programs; and WHEREAS, the overall goal of the community planning and development programs covered by this plan is to develop viable communities by providing decent, affordable housing, a suitable living environment and expanding economic opportunities for low and moderate -income persons; and WHEREAS, the Five -Year Consolidated Plan for FY 2021-2025 and an updated Citizen Participation Plan were adopted by the Board of County Commissioners on June 22, 2021; and WHEREAS, the PY23 One -Year Action Plan will serve as a planning document for Collier County; an application for federal funds under the HUD formula grant programs; a strategy to be followed in carrying out the HUD programs; and an action plan that provides a basis for assessing performances. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners of Collier County approves the PY23 One - Year Action Plan for the CDBG, HOME, and ESG Programs and revised Citizen Participation [23 -S OC-01049/ 1799140/ 11 Page 1 of 2 Packet Pg. 653 16.D.3.h Plan, which are attached and incorporated herein by reference, and authorizes the Community and Human Services Division to transmit the Plans to the proper funding authority and take all necessary actions for implementation of the CDBG, HOME, and ESG programs. 2. The Chairman of the Board of County Commissioners is authorized to execute certifications and SF 424 documents and Funding Approval Agreements pertaining to the Action Plan on behalf of the County. 3. The One -Year Action Plan sets forth the dollar amounts and project descriptions for each project to be funded by the CDBG, HOME, and ESG Programs. A description of the proposed activities within each project and associated recommended funding is included in the Executive Summary of Agenda Item No. , incorporated herein by reference. Accordingly, the Subrecipient Agreements for all CDBG, HOME and ESG projects will be subsequently entered into on behalf of Collier County and each such Agreement is hereby acknowledged as providing for a valid public and worthwhile County purpose. 4. SEVERABILITY. If any section, sentence, clause or phrase of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Resolution. 5. EFFECTIVE DATE. This Resolution shall become effective upon adoption by a majority vote of the Board of County Commissioners. This Resolution adopted this majority vote favoring same. ATTEST: CRYSTAL K. KINZEL, CLERK I' , Deputy Clerk Approved as to form and legality: day of , 2023, after motion, second and Derek D. Perry Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Rick LoCastro, Chairman [23-SOC-01049/1799140/11 Page 2 of 2 Packet Pg. 654 View Burden statement ASSURANCES - CONSTRUCTION PROGRAMS OMB Number:4040-000^ Expiration Date: 02/28/202 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant:, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of project described in this application. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure non-discrimination during the useful life of the project. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. Previous Edition Usable 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards of merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to non-discrimination. These include but are not limited to: (, Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statue(s) under which application for Federal assistance is being made; and Q) the requirements of any other nondiscrimination statue(s) which may apply to the application. Authorized for Local Reproduction Standard Form 424D (Rev. 7-97) Prescribed by OMB Circular A-102 a a U d N a� c M c M a c 0 Q Cl) N u_ rn Iq 00 N N m c c� L 0 to Q 06 1* N LL U) c m E t c� .r .r Q Packet Pg. 655 11. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis - Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333) regarding labor standards for federally -assisted construction subagreements. 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL Rick LoCastro Federal actions to State (Clean Air) implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. 20. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub -recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. TITLE Chairman APPLICANT ORGANIZATION DATE SUBMITTED Board of County Commissioners, Collier County, Florida SF-424D (Rev. 7-97) Back Attest: CRYSTAL K. KINZEL, CLERK d d U a� N Q c c� c a c 0 U Q M N LL rn 00 LO U) aD U c 3 N Q 06 V N q* LL C t r� r� Q Deputy Clerk Approved as to Form and Legality: Derek D. Perry Assistant County Attorney �� Packet Pg. 656 View Burden statement ASSURANCES - CONSTRUCTION PROGRAMS OMB Number:4040-000Q Expiration Date: 02/28/202. Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant:, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, 8. Will comply with the Intergovernmental Personnel Act and the institutional, managerial and financial capability of 1970 (42 U.S.C. §§4728-4763) relating to prescribed (including funds sufficient to pay the non -Federal share standards of merit systems for programs funded of project costs) to ensure proper planning, under one of the 19 statutes or regulations specified in management and completion of project described in Appendix A of OPM's Standards for a Merit System of this application. Personnel Administration (5 C.F.R. 900, Subpart F). 2. Will give the awarding agency, the Comptroller General 9. Will comply with the Lead -Based Paint Poisoning of the United States and, if appropriate, the State, Prevention Act (42 U.S.C. §§4801 et seq.) which the right to examine all records, books, papers, or prohibits the use of lead -based paint in construction or documents related to the assistance; and will establish rehabilitation of residence structures. a proper accounting system in accordance with generally accepted accounting standards or agency 10. Will comply with all Federal statutes relating to directives. non-discrimination. These include but are not limited to: Title VI of the Civil Rights Act of 1964 (P.L. 88-352) 3. Will not dispose of, modify the use of, or change the which prohibits discrimination on the basis of race, terms of the real property title or other interest in the color or national origin; (b) Title IX of the Education site and facilities without permission and instructions Amendments of 1972, as amended (20 U.S.C. §§1681 from the awarding agency. Will record the Federal 1683, and 1685-1686), which prohibits discrimination awarding agency directives and will include a covenant on the basis of sex; (c) Section 504 of the in the title of real property acquired in whole or in part Rehabilitation Act of 1973, as amended (29) U.S.C. with Federal assistance funds to assure §794), which prohibits discrimination on the basis of non-discrimination during the useful life of the project. handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits 4. Will comply with the requirements of the assistance discrimination on the basis of age; (e) the Drug Abuse awarding agency with regard to the drafting, review and Office and Treatment Act of 1972 (P.L. 92-255), as approval of construction plans and specifications. amended relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and 5. Will provide and maintain competent and adequate Alcoholism Prevention, Treatment and Rehabilitation engineering supervision at the construction site to Act of 1970 (P.L. 91-616), as amended, relating to ensure that the complete work conforms with the nondiscrimination on the basis of alcohol abuse or approved plans and specifications and will furnish alcoholism; (g) §§523 and 527 of the Public Health progressive reports and such other information as may be Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee required by the assistance awarding agency or State. 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the 6. Will initiate and complete the work within the applicable Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as time frame after receipt of approval of the awarding agency. amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other 7. Will establish safeguards to prohibit employees from nondiscrimination provisions in the specific statue(s) using their positions for a purpose that constitutes or under which application for Federal assistance is being presents the appearance of personal or organizational made; and 0) the requirements of any other conflict of interest, or personal gain. nondiscrimination statue(s) which may apply to the application. Previous Edition Usable Authorized for Local Reproduction Standard Form 424D (Rev. 7-97) Prescribed by OMB Circular A-102 a a U d N a) c M c a c 0 U Q Cl) N LL rn Iq 00 N d c c� L 0 to Q o�S N Ict LL U) c m E t c� .r .r Q Packet Pg. 657 16.D.3.i 11. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis - Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333) regarding labor standards for federally -assisted construction subagreements. 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. 20. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub -recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE Rick LoCastro Chairman APPLICANT ORGANIZATION DATE SUBMITTED Board of County Commissioners, Collier County, Florida Attest: CRYSTAL K. KINZEL, CLERK Deputy Clerk Approved as to Form and Legality: P Derek D. Perry Assistant County Attorney V" SF-424D (Rev. 7-97) Back El a V m 2 m c M c 0 a c 0 U Q M N u_ rn co LO Ul d c M Ul N Q 06 N LL co r C d t M r.+ Q Packet Pg. 658 16.D.3.i View Burden statement ASSURANCES - CONSTRUCTION PROGRAMS OMB Number: 4040-0009 cpiration Date: 02/28/202E Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant:, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure non-discrimination during the useful life of the project. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. Previous Edition Usable 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards of merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to non-discrimination. These include but are not limited to: (� Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statue(s) under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statue(s) which may apply to the application. Authorized for Local Reproduction Standard Form 424D (Rev. 7-97) Prescribed by OMB Circular A-102 a a V m w m c M c 0 a c 0 04 Q M u_ rn 00 N Ul d c L U) Q 06 �r N LL N c d E t M r Q Packet Pg. 659 11. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis - Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333) regarding labor standards for federally -assisted construction subagreements. 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. 20. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub -recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE Rick LoCastro Chairman APPLICANT ORGANIZATION DATE SUBMITTED Board of County Commissioners, Collier County, Florida Attest: CRYSTAL K. KINZEL, CLERK Deputy Clerk Approved as to Form and Legality: Derek D. Perry\v Assistant County Attorney SF-424D (Rev. 7-97) Back a a V m m c M c a c 0 04 Q M LL rn v 00 Ln 04 Ul d c M Ul N Q 06 N le ILL N r C d E t M r.+ Q Packet Pg. 660 View Burden Statement Application for Federal Assistance SF-424 1. Type of Submission: ` 2. Type of Application: ` If Revision, select appropriate letter(s): O Preapplication Q New Application O Continuation ' Other (Specify): O Changed/Corrected Application O Revision * 3. Date Received: 4. Applicant Identifier: M23-UC-120217 5a. Federal Entity Identifier: 5b. Federal Award Identifier: U.S. Department of HUD HOME- Entitlement State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: a. Legal Name: Collier County Board of County Commissioners b. Employer/Taxpayer Identification Number (EIN/TIN): ` c. UEI: 59-60000558 JWKJKYRPLLU6 d. Address: * Street1: 3339 Tamiami Trail East Street2: Community and Human Services Suite 211 `City: Naples County/Parish: Collier ' State: FL: Florida Province: ` Country: USA: UNITED STATES ' Zip / Postal Code: 34112-5361 e. Organizational Unit: Department Name: Division Name: Public Services Community and Human Services f. Name and contact information of person to be contacted on matters involving this application: Prefix: Mrs. ` First Name: Kristi Middle Name: * Last Name: Sonntag Suffix: Title: Director, Community and Human Services Organizational Affiliation: *Telephone Number: 239-252-2486 Fax Number: 239-252-2638 *Email: kristi.sonntag@colliercountyf.l.gov OMB Number: 4040-0004 Expiration Date: 11/30/2025 Packet Pg. 661 Application for Federal Assistance SF-424 ` 9. Type of Applicant 1: Select Applicant Type: B: County Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: Other (specify): * 10. Name of Federal Agency: U.S. Department of Housing and Urban Development 11. Catalog of Federal Domestic Assistance Number: 14.239 CFDA Title: Entitlement Grant -HOME Investment Partnerships * 12. Funding Opportunity Number: 19.239 * TiHe 13. Competition Identification Number: Title 14. Areas Affected by Project (Cities, Counties, States, etc.): tAdd Attachment delete Attachment View Attachment * 4 r n~i +ive Tifie of Annlicant's Pmiect HOME Investment Partnerships and Administrative Activities -County -Wide Attach supporting documents as specified in agency instructions. )F'w At't,1cnmenVt Packet Pg. 662 Application for Federal Assistance SF-424 16. Congressional Districts Of: * a. Applicant 19, 25 * b. Program/Project 19, 25 I Attach an additional list of Program/Project Congressional Districts if needed. I Add Attachment Delete Atta h,,ont View Attar_hinent 17. Proposed Project: * a. Start Date: 10 / O 1/ 2 0 2 3 18. Estimated Funding ($): * a. Federal b. Applicant c. State * d. Local e. Other * f. Program Income *g.TOTAL 876,519.00 * b. End Date: 09/30/2029 * 19. Is Application Subject to Review By State Under Executive Order 12372 Process? O a. This application was made available to the State under the Executive Order 12372 Process for review on O b. Program is subject to E.O.12372 but has not been selected by the State for review. c. Program is not covered by E.O. 12372. * 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) O Yes (�) No If "Yes", provide explanation and attach Acid A tt:�chrnc- [)LEtta= View Attachment 21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 18, Section 1001) ❑✓ **IAGREE ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: IMr. I *First Name: (Rick I Middle Name: * Last Name: LoCastro Suffix: *Title: IChairman *Telephone Number: I239-252-8601 *Email: rick.locastro@colliercountyfl.gov Fax Number: * Signature of Authorized Representative: PLEASE SEE NEXT PAGE FOR SIGNATURE (S) * Date Signed: I Packet Pg. 663 16.D.3.i Application for Federal Assistance SF-424 ATTEST: CRYSTAL K. KINZEL, CLERK IC Deputy Clerk Approved as to Form and Legality: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Rick LoCastro, Chairman Date: Derek D. Perry Assistant County Attorney "`'L� Packet Pg. 664 OMB Number: 4040-0004 View Burden Statement Expiration Date: 11/30/2025 Application for Federal Assistance SF-424 * 1. Type of Submission: * 2. Type of Application: * If Revision, select appropriate letter(s): O Preapplication (�) New Application O Continuation ` Other (Specify): O Changed/Corrected Application O Revision * 3. Date Received: 4. Applicant Identifier: �— B23-UC-120016 5a. Federal Entity Identifier: 5b. Federal Award Identifier: U.S. Department of HUD CDBG- Entitlement State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: a. Legal Name Collier County Board of County Commissioners * b. Employer/Taxpayer Identification Number (EIN/TIN): * c. UEI: 59-60000558 1 JWKJKYRPLLU6 d. Address: Streetl: 3339 Tamiami Trail East Street2: Community and Human Services Suite 211 * City: Naples County/Parish: Collier State: FL: Florida Province: ` Country: USA: UNITED STATES * Zip / Postal Code: 34112-5361 e. Organizational Unit: Department Name: Division Name: Public Services Community and Human Services f. Name and contact information of person to be contacted on matters involving this application: Prefix: Mrs. * First Name: Kristi Middle Name: * Last Name: Sonntag Suffix: Title: Director, Community and Human Services Organizational Affiliation: * Telephone Number: 239-252-2486 Fax Number: 239-252-2638 *Email kristi..sonntag@collier.countyfl.gov Packet Pg. 665 Application for Federal Assistance SF-424 * 9. Type of Applicant 1: Select Applicant Type: B: County Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type Other (specify): * 10. Name of Federal Agency: U.S. Department of Housing and Urban Development 11. Catalog of Federal Domestic Assistance Number: ]4.218 CFDA Title: Entitlement Grant -Community Development Block Grant * 12. Funding Opportunity Number: 14.218 * Titlp• 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): Add Attachment C?elee Attachment View Attachment * 15 nperrintivp Titles of Applicant's Project: Community Development Block Grant Program and Administrative Activities -County -Wide Attach supporting documents as specified in agency instructions. View AtT hrnents ('4 Packet Pg. 666 Application for Federal Assistance SF-424 16. Congressional Districts Of: * a. Applicant 19, 25 * b. Program/Project 14, 25 I Attach an additional list of Program/Project Congressional Districts if needed. I Add Attachment of to :Ct thr7uant ViewAttac4�rttent 17. Proposed Project: * a. Start Date: 10/01/2023 18. Estimated Funding ($): * a. Federal * b. Applicant • c. State * d. Local * e. Other * f. Program Income *g.TOTAL 2,603,633.00 * b. End Date: 09/30/2029 * 19. Is Application Subject to Review By State Under Executive Order 12372 Process? 0 a. This application was made available to the State under the Executive Order 12372 Process for review on 0 b. Program is subject to E.O.12372 but has not been selected by the State for review. 0 c. Program is not covered by E.O. 12372. * 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) 0 Yes (�) No If "Yes", provide explanation and attach A d,tY�cirne��t i�cietetttacPsrncnt l;ewltiaci�mc_nt 21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if 1 accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 18, Section 1001) �✓ ** I AGREE ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: IMr. I * First Name: (Rick I Middle Name: * Last Name: iLoCastro Suffix: Title: (Chairman *Telephone Number: 239-252-8601 Fax Number: *Email: rick.locastro@colliercountyfl.gov I * Signature of Authorized Representative: PLEASE SEE NEXT PAGE FOR SIGNATURE (S) * Date Signed: I t..r Packet Pg. 667 Application for Federal Assistance SF-424 ATTEST: CRYSTAL K. KINZEL, CLERK Deputy Clerk Approved as to Form and Legality: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Rick LoCastro, Chairman Date: 117 v Derek D. Perry �\ A ' C Att �0�\l ssistant ounty orney t Packet Pg. 668 OMB Number: 4040-0004 View Burden Statement Expiration Date: 11/30/2025 Application for Federal Assistance SF-424 1. Type of Submission: * 2. Type of Application: * If Revision, select appropriate letter(s): 0 Preapplication Q New O Application 0 Continuation * Other (Specify): 0 Changed/Corrected Application 0 Revision * 3. Date Received: 4. Applicant Identifier: —� E23-UC-120016 5a. Federal Entity Identifier: 5b. Federal Award Identifier: ESG- Entitlement a a U.S. Department of HUD U State Use Only: d to 6. Date Received by State: 7. State Application Identifier: d fY 8. APPLICANT INFORMATION: C O a. Legal Name: Collier County Board of County Commissioners = O a * b. Employer/Taxpayer Identification Number (EIN/TIN): * c. UEI: JWKJKYRPLLU6 _ O 59-60000558 a d. Address: N LL 71 Street1: 3339 Tamiami Trail East Street2: Community and Human Services Suite 211 oD * City: Naples N. County/Parish: Collier y d v * State: FL: Florida = O L Province: 7 y *Country: USA: UNITED STATES U) Q 06 Zip / Postal Code: 34112-5361 N e. Organizational Unit: LL Department Name: Division Name: Community and Human Services d Public Services t f. Name and contact information of person to be contacted on matters involving this application: .r Q Prefix: Mrs. * First Name: Kristi Middle Name: * Last Name: Sonntag Suffix: Title: Director, Community and Human Services Organizational Affiliation: *Telephone Number: 239-252-2486 Fax Number: 239-252-2638 *Email: kristi.sonntag@colliercountyfl.gov Packet Pg. 669 Application for Federal Assistance SF-424 * 9. Type of Applicant 1: Select Applicant Type: B: County Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: " Other (specify): * 10. Name of Federal Agency: U.S. Department of Housing and Urban Development 11. Catalog of Federal Domestic Assistance Number: 14.231 CFDA Title: Entitlement Grant -Emergency Solutions Grants * 12. Funding Opportunity Number: 14.231 Title: 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): Add Attachment Delete Attachine.n; View _tt hhrnent * 15. Descriptive Title of Applicant's Project: Emergency Solutions Grants and Administrative Activities -County -Wide Attach supporting documents as specified in agency instructions. 1Vio,,.,v Attachn��=nts 07 e0 u7 N to N U C L to fn Q Od V N le ILL Cl) r C N E L t� cv a Packet Pg. 670 Application for Federal Assistance SF-424 16. Congressional Districts Of: * a. Applicant 14, 25 ' b. Program/Project 14, 25 Attach an additional list of Program/Project Congressional Districts if needed. Add Attachment.,.Dl*te 4ttatxner$Y�eu'A1tttrrint 17. Proposed Project: ' a. Start Date: 10/O1/2023 ' b. End Date: 09/30/2024 18. Estimated Funding ($): * a. Federal 211, 534 .00 * b. Applicant f �� • c. State * d. Local ^� * e. Other ' f. Program Income *g.TOTAL 211,534.00 * 19. Is Application Subject to Review By State Under Executive Order 12372 Process? Q a. This application was made available to the State under the Executive Order 12372 Process for review on 0 b. Program is subject to E.O. 12372 but has not been selected by the State for review. (�) c. Program is not covered by E.O. 12372. * 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) 0 Yes (�) No If "Yes", provide explanation and attach Addkttachrzrnt D# t tttachenfi ae Anal hrrset 21. *By signing this application, I certify (1) to the statements contained in the list of certifications— and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 18, Section 1001) 0 ** I AGREE ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: IMr • I * First Name: (Rick Middle Name: * Last Name: LoCastro Suffix: *Title: Chairman *Telephone Number: 239-252-8601 Fax Number: *Email: rick.locastro@colliercountyfl.gov * Signature of Authorized Representative: PLEASE SEE NEXT PAGE FOR SIGNATURE (S) * Date Signed: 1 1 Packet Pg. 671 Application for Federal Assistance SF-424 ATTEST: CRYSTAL K. KINZEL, CLERK I0 Deputy Clerk Approved as to Form and Legality: Derek D. Perry j� �� Assistant County Attorney vti BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 1-2 Rick LoCastro, Chairman Date: Packet Pg. 672 CERTIFICATIONS 16.D.3.j In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing --The jurisdiction will affirmatively further fair housing. Uniform Relocation Act and Anti -displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, (42 U.S.C. 4601-4655) and implementing regulations at 49 CFR Part 24. It has in effect and is following a residential anti -displacement and relocation assistance plan required under 24 CFR Part 42 in connection with any activity assisted with funding under the Community Development Block Grant or HOME programs. Anti -Lobbying --To the best of the jurisdiction's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the snaking of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti -lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction --The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan --The housing activities to be undertaken with Community Development Block Grant, HOME, Emergency Solutions Grant, and Housing Opportunities for Persons With AIDS funds are consistent with the strategic plan in the jurisdiction's consolidated plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and implementing regulations at 24 CFR Part 75. Signature of Authorized Official: ATTEST: CRYSTAL K. KINZEL, CLERK La Deputy Clerk Approved as to Form and Legality: 2 Derek D. Perry Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LIN Rick LoCastro, Chairman Date: Packet Pg. 673 Specific Community Development Block Grant Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that that have been developed in accordance with the primary objective of the CDBG program (i.e., the development of viable urban communities, by providing decent housing and expanding economic opportunities, primarily for persons of low and moderate income) and requirements of 24 CFR Parts 91 and 570. Following a Plan -- It is following a current consolidated plan that has been approved by HUD. Use of Funds -- It has complied with the following criteria: 1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low- and moderate -income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include CDBG-assisted activities which the grantee certifies are designed to meet other community development needs having particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available (see Optional CDBG Certification). 2. Overall Benefit. The aggregate use of CDBG funds, including Section 108 guaranteed loans, during program year(s) 2023 [a period specified by the grantee of one, two, or three specific consecutive program years], shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period. 3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108 loan guaranteed funds, by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. In addition, in the case of properties owned and occupied by moderate -income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. Packet Pg. 674 16.D.3.j Compliance with Anti -discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) and the Fair Housing Act (42 U.S.C. 3601-3619) and implementing regulations. Lead -Based Paint -- Its activities concerning lead -based paint will comply with the requirements of 24 CFR Part 35, Subparts A, B, J, K and R. Compliance with Laws -- It will comply with applicable laws. Signature of Authorized Official: ATTEST: CRYSTAL K. KINZEL, CLERK Deputy Clerk Approved as to Form and Legality: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Un Rick LoCastro, Chairman aDate: Derek D. Perry Assistant County Attorney \v Packet Pg. 675 Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance -- If it plans to provide tenant -based rental assistance, the tenant -based rental assistance is an essential element of its consolidated plan. Eligible Activities and Costs -- It is using and will use HOME funds for eligible activities and costs, as described in 24 CFR §§92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in §92.214. Subsidy layering -- Before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; Signature of Authorized Official: ATTEST: CRYSTAL K. KINZEL, CLERK Deputy Clerk Approved as to Form and Legality: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Derek D. Perry _v_ Assistant County Attorney �t,} Rick LoCastro, Chairman Date: Packet Pg. 676 Emergency Solutions Grants Certifications 16.D.3.j The Emergency Solutions Grants Program recipient certifies that: Major rehabilitation/conversion/renovation — If an emergency shelter's rehabilitation costs exceed 75 percent of the value of the building before rehabilitation, the recipient will maintain the building as a shelter for homeless individuals and families for a minimum of 10 years after the date the building is first occupied by a homeless individual or family after the completed rehabilitation. If the cost to convert a building into an emergency shelter exceeds 75 percent of the value of the building after conversion, the recipient will maintain the building as a shelter for homeless individuals and families for a minimum of 10 years after the date the building is first occupied by a homeless individual or family after the completed conversion. In all other cases where ESG funds are used for renovation, the recipient will maintain the building as a shelter for homeless individuals and families for a minimum of 3 years after the date the building is first occupied by a homeless individual or family after the completed renovation. Essential Services and Operating Costs — In the case of assistance involving shelter operations or essential services related to street outreach or emergency shelter, the recipient will provide services or shelter to homeless individuals and families for the period during which the ESG assistance is provided, without regard to a particular site or structure, so long the recipient serves the same type of persons (e.g., families with children, unaccompanied youth, disabled individuals, or victims of domestic violence) or persons in the same geographic area. Renovation — Any renovation carried out with ESG assistance shall be sufficient to ensure that the building involved is safe and sanitary. Supportive Services — The recipient will assist homeless individuals in obtaining permanent housing, appropriate supportive services (including medical and mental health treatment, victim services, counseling, supervision, and other services essential for achieving independent living), and other Federal State, local, and private assistance available for these individuals. Matching Funds — The recipient will obtain matching amounts required under 24 CFR 576.201 Confidentiality — The recipient has established and is implementing procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under the ESG program, including protection against the release of the address or location of any family violence shelter project, except with the written authorization of the person responsible for the operation of that shelter. Homeless Persons Involvement — To the maximum extent practicable, the recipient will involve, through employment, volunteer services, or otherwise, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under the ESG program, in providing services assisted under the ESG program, and in providing services for occupants of facilities assisted under the program. Consolidated Plan — All activities the recipient undertakes with assistance under ESG are consistent with its consolidated plan. Packet Pg. 677 16.D.3.j Discharge Policy — The recipient will establish and implement, to the maximum extent practicable and where appropriate, policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, mental health facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent this discharge from immediately resulting in homelessness for these persons. Signature of Authorized Official: ATTEST: CRYSTAL K. KINZEL, CLERK Deputy Clerk Approved as to Form and Legality: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Derek D. Perry �0 � Assistant County Attorney X� �}� V- Rick LoCastro, Chairman Date: Packet Pg. 678 APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING CERTIFICATION: Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Packet Pg. 679 16.D.3.j OMS Number: 4040-0007 Expiration Date: 02/28/2025 ASSURANCES - NON -CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project cost) to ensure proper planning, management and completion of the project described in this application, 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the 9ntergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.§§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Previous Edition Usable Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U. S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P,L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U,S.C. §§290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title Vlll of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in Purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Authorized for Local Reproduction Standard Form 424E (Rev. 7.97) Prescribed by OMB Circular A-102 1 Packet Pg. 680 9. Will comply, as applicable, with the provisions of the Davis - Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333), regarding labor standards for federally -assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodpiains in accordance with EO 11988; (e) assurance of project ccnsistency with the approved State management procram developed under the Coastal Zone Management Act of 5972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federa? actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amen_'•od 1.42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drir,kirc Water Act of 1974, as amended (P.L. 93-523); and; (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205`.. 12. Will comply with the Wild and Scenic Rivers Act of 1968 !16 U,S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL Rick LoCastro APPLICANT ORGANIZATION Board of Cocaty Commissioners, Collier County, Florida Attest: CRYSTAL K. KINZEL, CLERK Deputy Clerk 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15, Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 el seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of Slates, Local Governments, and Non -Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. 19. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub -recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. TITLE _ Chairman DATE SUBMITTED Standard Form 424B (Rev. 7.97) Back Approved as to Form and Legality: Derek D. Perry Assistant County Attorney `7l Packet Pg. 681 16.D.3.1 FAIN # B-23-UC-12-0016 Federal Award Date October 1, 2023 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded $130,000.00 Subrecipient Name Sunrise Community of Southwest Florida, Inc. UEI# VNBSL6WWGMJ7 FEIN 59-1796622 R&D NA Indirect Cost Rate NA Period of Performance 10/01/2023-09/30/2024 Fiscal Year End 6/30 Monitor End: 12/2024 AGREEMENT BETWEEN COLLIER COUNTY AND SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. CDBG Grant Program — Public Services THIS AGREEMENT is made and entered into this 1 lth day of July 2023, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY") having its principal address at 3339 Tamiami Trail East, Suite 213, Naples FL 34112, and Sunrise Community of Southwest Florida, Inc. ("SUBRECIPIENT"), a private non-profit organization having its principal office at 9040 Sunset Drive, Miami, FL 33173. WHEREAS, the COUNTY has entered into an Agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the Board of County Commissioners of Collier County ("Board") approved the Collier County Consolidated Plan — One-year Action Plan for Federal Fiscal Year 2023-2024 for the CDBG Program with Resolution 2023- on July 11, 2023 — Agenda Item 16.D. ; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the COUNTY advertised the 2023-2024 Annual Action Plan, on May 18, 2023, with a 30-day Citizen Comment period from May 18, 2023 to June 17, 2023; and WHEREAS, the SUBRECIPIENT has submitted a proposal for participation in the Collier County CDBG program; and SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Pagc 1 IN10 Packet Pg. 682 16.D.3.1 WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in undertaking the CDBG project — (PS-23-01) Free To Be Me -Transportation Service. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART SCOPE OF WORK SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: Free To Be Me -Transportation Service Description of project and outcome: CHS, as an administrator of the CDBG program, will make available CDBG FY 2023-2024 funds up to the gross amount of $130,000.00 to Sunrise Community of Southwest Florida, Inc. to be used to support salaries for staff and drivers to transport persons with disabilities. Activities will include but are not limited to: transportation services for adult persons with disabilities allowing them access to vital life skills, which may include community inclusion events, employment training, day training, medical appointments, wellness activities, prescription pickup, shopping, and other vital activities for daily living. Beneficiaries may be transported to various sites to enhance their life learning and social skills. Project Component One: CDBG funds will be used to support salaries for staff and drivers to transport persons with disabilities 1.1 GRANT AND SPECIAL CONDITIONS A. SUBRECIPIENT must submit the following resolutions and policies to the COUNTY within sixty (60) days of execution of this Agreement: ® Affirmative Fair Housing Policy ® Affirmative Action/Equal Opportunity Policy ® Conflict of Interest Policy (COI) and related COI Forms ❑ Procurement Policy ❑ Uniform Relocation Act (URA) Policy ❑ Sexual Harassment Policy ❑ Section 3 Policy ❑ Section 504/ADA Policy ® Fraud, Waste, and Abuse Policy ❑ Language Assistance and Planning Policy (LAP) SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Pagc 2 IN10 Packet Pg. 683 16.D.3.1 ® Limited English Proficiency Policy (LEP) ® Violence Against Women Act (VAWA) Policy ® LGBTQ Policy B. Environmental Review Requirement (ERR) — This Agreement does not constitute a commitment of funds or site approval. The commitment of funds or site approval may occur only upon satisfactory completion of environmental review, executed by the COUNTY, and either (i) the determination that the project is Exempt or (ii) the COUNTY's receipt of an approved request for release of funds and certification from HUD, under 24 CFR Part 58. The provision of any funds to the project is conditioned on the COUNTY's determination to proceed with, modify, or cancel the project based on the results of the environmental review. No program costs can be incurred until an environmental review of the project is completed and approved by the COUNTY. Further, SUBRECIPIENT will not undertake any activity or commit any Funds prior to CHS issuing the Notice to Proceed (NTP) letter. Violation of this provision may result in the termination of this subaward and/or the denial of any reimbursement of funds under this Agreement. C. Annual Subrecipient Training — All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement shall attend the CHS-sponsored Annual SUBRECIPIENT Fair Housing training, except those who attended the training in the previous year. In addition, at least one staff member shall attend all other CHS-offered SUBRECIPIENT training, relevant to the Project, as determined by the Grants Coordinator, not to exceed four (4) sessions. Requests for exemption, under this special condition, must be submitted to the Grant Coordinator, in writing, at least 14 days, prior to the training. D. Persons who, as a result of national origin, do not speak English as their primary language and who have limited ability to speak, read, write, or understand English ("limited English proficient persons" or "LEP persons") may be entitled to language assistance under Title VI in order to receive a particular service, benefit, or encounter. In accordance with Title VI of the Civil Rights Act of 1964 (Title VI) and its implementing regulations, the SUBRECIPIENT agrees to take reasonable steps to ensure meaningful access to activities funded with HUD Funds by LEP persons. Any of the following actions could constitute "reasonable steps", depending on the circumstances: acquiring translators to translate vital documents; advertisements or notices; acquiring interpreters for face to face interviews with LEP persons; placing advertisements and notices in newspapers that serve LEP persons; partnering with other organizations that serve LEP populations to provide interpretation, translation, or dissemination of information regarding the project; hiring bilingual employees or volunteers for outreach and intake activities; contracting with a telephone line interpreter service; etc. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Pagc 3 IN10 Packet Pg. 684 16.D.3.1 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component 1:CDBG Funds will be used to support salaries for staff and $130,000.00 drivers to transport persons with disabilities. Activities will include but are not limited to: transportation services for adult person with disabilities allowing them to access vital life skills, community inclusion events, employment training, day training, medical appointments, wellness activities, prescription pickup, shopping, and other vital activities for daily living. Beneficiaries may be transported to various sites to enhance their life learning and social skills. Total Federal Funds: $130,000.00 SUBRECIPIENT will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ® Maintain beneficiary income certification documentation, and provide to the COUNTY as requested ® Maintain a National Objective Documentation and provide to COUNTY, as requested ® Provide Quarterly Reports on National Objective, and project progress ® Provide Quarterly Leveraged Funds Reports ® Ensure attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS ❑ Ensure attendance by SUBRECIPIENT and General Contractor at Pre -Construction meetings, prior to SUBBRECIPIENT issuance of Notice to Proceed (NTP) to contractor ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation ❑ Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Submit Change Orders for CHS approval prior to SUBRECIPIENT authorizing work ❑ Comply with Davis -Bacon Act Labor Standards and maintain supporting documentation ❑ Comply with Section 3 reporting requirements and maintain supporting documentation ❑ Provide weekly certified payroll throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act (URA), if applicable ❑ Ensure applicable numbers of units are Section 504/ADA accessible ❑ Ensure the applicable continued use period for the project is met SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 4 IN1O Packet Pg. 685 16.D.3.1 B. National Objective The CDBG program funds awarded to Collier County must benefit low- to moderate -income persons (LMI). As such, SUBRECIPIENT shall ensure that all activities and beneficiaries meet the definition of: ❑ LMA — Low/Mod Area Benefit ® LMC — Low/Mod Clientele Benefit ❑ LMH — Low/Mod Housing Benefit ❑ LMJ — Low/Mod Job Benefit LMA: Must document where at least 51 percent of the residents are LMI persons, based on HUD determined eligible census tracts. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMC: Must document that at least 51 percent of persons served, are low- to moderate - income persons or households, in order to meet a CDBG National Objective. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must contain at least 51 percent occupied by LMI households, and structures with less than three units must be occupied by 100 percent LMI households. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. LMJ: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 percent of which (computed on a full-time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment under this Agreement. C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Insurance Exhibit A - Insurance Certificate Within 30 days of Agreement execution and Annually within thirty 30 days of renewal Special Grant Condition Policies Policies as stated in this Within sixty (60) days of Section 1.1 Agreement Agreement execution Detailed Project Schedule Project Schedule Not applicable Project Plans and Specifications Site Plans and Specifications Not applicable Procurement Documents (Bid List docs here Not applicable Packet) * Subcontractor Log Subcontractor Log Not applicable Quarterly Progress Report Exhibit C Quarterly; within 10 days following the end of the quarter. Annually after closeout. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Pagc 5 IN10 Packet Pg. 686 16.D.3.1 Section 3 Report Quarterly Report of New Hire Not Applicable. Information Complaint Logs Fair Housing, EEO, AA and Quarterly, within 10 days Incident Log following the end of the quarter. Leverage Funds Report Exhibit C-1 Quarterly, within 10 days following the end of the quarter. Davis -Bacon Act Certified Weekly Certified Payroll Not applicable Payroll reports, forms, and supporting documentation Annual Audit Monitoring Exhibit E Annually, within 60 days after Report FY end. Financial and Compliance Audit Audit, Management Letter, and Annually: nine (9) months after Supporting Documentation FY end for Single Audit OR one hundred eighty (180) days after FY end. Continued Use Certification Continued Use Affidavit, if Not applicable. applicable Capital Needs Assessment Plan Plan approved by the COUNTY Not applicable Program Income Reuse Plan Plan Approved by the COUNTY Not applicable * SUBRECIPIENT's Notice to Proceed may be withheld if procurement deliverables are not submitted in a timely manner, as stated in Section 1.2.C, Performance Deliverables. SUBRECIPIENT must submit to the COUNTY, for approval, all Change Orders required during the project. Failure to submit Change Orders in a timely manner, may result in delay or withholding of payment, as well as a cease work order until all change orders have been reviewed and approved, at which time a new Notice to Proceed will be issued. D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: CDBG Submission of supporting documents Submission of funds are to support salaries for must be provided as backup, as evidenced monthly invoices, program and administrative staff by invoice, timecards, payroll within 30 days of the and drivers to transport persons registers/summary, driver logs, canceled prior month. with disabilities. checks or banking documents, Exhibit B, and any other additional documentation Activities will include but are not as requested. limited to: staff managed transportation and activity 10% retainage will be held from each pay supervision for adult persons with request and released upon final disabilities allowing them to monitoring clearance and meeting the access vital life skills, which may National Objective. include community inclusion events, employment training, day training, medical appointments, wellness activities, prescription pickup, shopping, and other vital activities for daily living SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 6 IN1O Packet Pg. 687 16.D.3.1 Beneficiaries may be transported to various sites to enhance their life learning and social skills. The 10 percent retainange will be paid upon completion of final monitoring clearance and documentation of meeting the National Objective. SUBRECIPIENT'S failure to achieve the National Objective will require repayment of the CDBG investment under this Agreement. 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall begin on October 1, 2023 and shall end on September 30, 2024. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement, following receipt of SUBRECIPIENT's written request submitted at least 30 days prior to agreement period of performance end date. Extensions must be authorized, in writing, by formal letter to SUBRECIPIENT. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available ONE HUNDRED THIRTY THOUSAND DOLLARS AND ZERO CENTS ($130,000.00) for use by SUBRECIPIENT, during the term of the Agreement (hereinafter, shall be referred to as the Funds). Modification to the Budget and Scope may only be made if approved in advance. Budgeted Fund shifts among line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only be made with Board of County Commissioners (Board) approval. The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks, as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of CDBG Funds until funds are needed for eligible costs; and all disbursement requests must be limited to the amount needed at the time of the request. SUBRECIPIENT may expend Funds only for allowable costs resulting from obligations incurred during the term of this Agreement. Invoices for work performed are required every month. If no work has been performed during the month, or if SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is required. Explanations are required if two consecutive months of $0 invoices are submitted. Payments shall be made to SUBRECIPIENT when requested as work progresses, but not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. The COUNTY will pay SUBRECIPIENT Funds available under this Agreement based on information submitted by SUBRECIPIENT and consistent with any approved budget and COUNTY policies concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by SUBRECIPIENT, not to exceed actual cash reauirements. Pavments will be adiusted by CHS in accordance with advance Funds and moaram SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Pagc 7 0 IN1 Packet Pg. 688 16.D.3.1 income balances available in SUBRECIPIENT accounts. In addition, The COUNTY reserves the right to liquidate Funds available under this Agreement for costs incurred by The COUNTY on behalf of SUBRECIPIENT. Final invoices are due no later than 90 days after the end of the Agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. CHS may withhold any payment request until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements, including timely submission of Performance Deliverables contained in Section 1.2.C. Late submission of deliverables or evidence of project inactivity may cause payment suspension of any open pay requests until the required deliverables or substantial project progression occurs, as determined by CHS. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice, and in compliance with sections 218.70-218.80, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 LEVERAGE FUNDS Leveraged funds must be identified, tracked, and verifiable in the SUBRECIPIENT's records. Resources must be fully identified and described in the Agreement and approved budget submitted with the application. Resources must also meet the following criteria to be allowable as leverage: a. Expenditures of leveraged funds or resources are permitted only for eligible activities and allowable costs under the cost principles specified by the OMB Circulars referenced in this Agreement. Expenditures must be necessary and reasonable for proper and efficient accomplishments of project or program objectives. b. Leveraged resources committed on one project may not be used as leverage or match for any other project or program. c. Leveraged resources must represent newly created resources covering expenditures that would not be incurred if the award were not made. d. Leveraged resources may not be Federal funds under a different award, except where Federal statute allows their use for cost sharing (such as the Community Development Block Grant program). e. Third -party cash or in -kind contributions offered as leverage require a commitment letter on company letterhead signed by the individual who is in a position to commit the in -kind contribution. The contribution is only allowable if not utilized towards matching dollars. 1.6 COST PRINCIPLES Payments to SUBRECIPIENT are governed by the Federal grant management rules for cost allowability, found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.6-Cost Principles) of this Agreement, SUBRECIPIENT is defined as described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under the SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 8 IN10 Packet Pg. 689 16.D.3.1 Part I - Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed specifically to the project referenced in Part I - Scope of Work+, as defrted in 2 CFR 200.413. SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT' S contractors and vendors are conditioned upon compliance with the procurement requirements provided in 2 CFR 200.318-200.327. Allowable costs incurred by Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles. SUBRECIPIENT may not be subject to 2 CFR Subpart E; however, the COUNTY is and may impose requirements upon SUBRECIPIENT to remain compliant with COUNTY's obligation to follow 2 CFR 200 Subpart E. SUBRECIPIENT will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. f lv�0111 I [$I V Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Joshua Thomas, Grant Coordinator Collier County Government Community and Human Services Division 3339 Tamiami Trail East, Suite 213 Naples, Florida 34112 Email: Joshua.Thomaskcolliercountyfl.gov Telephone: (239) 252-8995 SUBRECIPIENT ATTENTION: Kirk Zaremba, Director of Grants and Development SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC 9040 Sunset Drive Miami, Florida 33173 Email: kzaremba@sunrisegroup.org Telephone: (305) 273-3055 ATTENTION: Cassandra Beaver, Director of Operations SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC 4227 Exchange Avenue Naples, Florida 34104 Email: CassandraBeaver(ksunrisegroup.org Telephone: (239) 643-5338 Remainder of Page Intentionally Left Blank SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Pagc 9 IN10 Packet Pg. 690 16.D.3.1 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit E) no later than 60 days after SUBRECIPIENT' S fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a financial and compliance Single Audit report, Management Letter, and supporting documentation nine (9) months (or audited financial statements, one hundred eighty (180) days for Subrecipients exempt from Single Audit) after the SUBRECIPIENT' S fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its receipt of the report. SUBRECIPIENT' S failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning Subrecipient audits and 2 CFR 200.501 Federal Award amounts expended shall be determined in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to determine compliance with the requirements of this Agreement, the CDBG Program, and all other applicable laws and regulations. This documentation shall include but is not limited to, the following: A. All records required by CDBG regulations. B. SUBRECIPIENT shall create and maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform the service. C. SUBRECIPIENT shall make available to the COUNTY or CHS at any time upon request, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of Funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail to properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 10 IN1O Packet Pg. 691 16.D.3.1 expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. D. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for three (3) years after the date of submission of the final performance and evaluation report, as prescribed in 2 CFR 200.334, 24CFR 570.493 and 24 CFR 570.502(a)(7)(ii). However, if any litigation, claim, or audit is started before the expiration date of the three (3) year period, SUBRECIPIENT will maintain the records until all litigation, claim, or audit findings involving these records are resolved. If SUBRECIPIENT ceases to exist after the closeout of this Agreement, it shall notify the COUNTY in writing, of the address where the records are to be kept, as outlined in 2 CFR 200.337. SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in SUBRECIPIENT'S possession upon termination of the Agreement, and destroy any duplicate, exempt, or confidential public records that are released from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY'S information technology systems. IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, IT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-2679, Michael.Brownlee(&colliercountyfl.2ov, 3299 Tamiami Trail East, Naples, FL 34112. E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of 1931, as amended, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, SUBRECIPIENT shall maintain records showing compliance with Federal purchasing requirements and other Federal requirements for grant implementation. F. SUBRECIPIENT is responsible for the creation and maintenance of income eligible files on clients served, and documentation that all households are eligible under HUD Income Guidelines. SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT'S compliance. G. SUBRECIPIENT shall document how it complied with the National Objective(s), as defined in 24 CFR 570.208, and the eligibility requirement(s) under which Funding has been received. This includes special requirements, such as necessary and appropriate determinations as defined in 24 CFR 570.208, income certification, and written agreements with beneficiaries, where applicable. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 11 IN10 Packet Pg. 692 16.D.3.1 H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records, and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public records that are released from public records disclosure requirements are not disclosed, except as authorized by 2 CFR 200.337 and 2 CFR 200.338. 2.3 MONITORING SUBRECIPIENT agrees that CHS may carry out no fewer than one (1) annual on -site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. Upon request by CHS, SUBRECIPIENT shall submit information and status reports required by CHS or HUD, to enable CHS to evaluate said progress and allow for completion of required reports. SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit all records, documentation, and any other data relating to all matters covered by the Agreement. COUNTY will monitor SUBRECIPIENT' S performance in an attempt to mitigate fraud, waste, abuse, or nonperformance, based on goals and performance standards as stated with all other applicable laws, regulations, and policies governing the funds provided under this Agreement, further defined by 2 CFR 200.332. Substandard performance, as determined by CHS, will constitute noncompliance with this Agreement. If SUBRECIPIENT does not take corrective action within a reasonable time period after being notified by CHS, Agreement suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal control systems and procedures necessary to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and to provide proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT'S internal control systems and all transactions and other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the performance of this Agreement. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 12 IN1O Packet Pg. 693 16.D.3.1 SUBRECIPIENT shall fully cooperate with COUNTY' S efforts to detect, investigate, and prevent fraud, waste, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or any law or regulation to the COUNTY, or any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failure to implement or to make acceptable progress on such corrective action plans. To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. The escalation policy for noncompliance is as follows: 1. Initial noncompliance may result in the COUNTY issuing Findings or Concerns to the SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action plan to CHS within 10 business days following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to SUBRECIPIENT, as needed, in order to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely manner, the COUNTY may require a portion of the awarded grant funds to be returned to the COUNTY. • CHS may require SUBRECIPIENT to return upwards of 5 percent of the award amount to the COUNTY, at the discretion of the Board. • SUBRECIPIENT may be denied future consideration, as set forth in Resolution No. 2013-228. 3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected, and has been informed by CHS of their substantial noncompliance by certified mail, CHS may require that a portion of the awarded grant amount or the amount of the CDBG investment for acquisition of the properties conveyed, be returned to the COUNTY. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 13 O Packet Pg. 694 16.D.3.1 • CHS may require SUBRECIPIENT to return upwards of 10 percent of the award amount to the COUNTY, at the discretion of the Board. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. 4. If after repeated notification, SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend termination of the Agreement or award. • CHS will make a recommendation to the Board to immediately terminate the Agreement. SUBRECIPIENT will be required to repay all Funds disbursed by CHS for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. 2.6 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. Reports showing lack of project activity may result in withholding of payment or issuance of a Notice of Noncompliance. During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January, April, July, and October, respectively, for the prior quarter period end. As part of the report submitted in October, SUBRECIPIENT agrees to include a comprehensive final report covering the agreed -upon Program objectives, activities, and expenditures including but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit C, which contains an example reporting form to be used in fulfillment of this requirement. Additionally, all leveraged funds utilized in support of this project will be submitted on Exhibit C-1 as part of the final report. Other reporting requirements may be required by the County Manager or designee if the Program changes, the need for additional information or documentation arises, and/or if legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 14 IN1O Packet Pg. 695 16.D.3.1 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. SUBRECIPIENT shall cause all provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. 3.2 GENERAL COMPLIANCE SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants), including subpart K of these regulations, except that (1) SUBRECIPIENT does not assume the COUNTY'S environmental responsibilities described in 24 CFR 570.604; (2) SUBRECIPIENT does not assume the COUNTY'S responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) SUBRECIPIENT is required to follow the Federal procurement process; and (4) for Developers, revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. SUBRECIPIENT also agrees to comply with all other applicable laws, regulations, and policies governing the Funds provided under this Agreement. SUBRECIPIENT further agrees to utilize Funds available under this Agreement to supplement rather than supplant funds otherwise available. SUBRECIPIENT is prohibited from using Funds provided herein, or personnel employed in the administration of the program for political activities, inherently religious activities, lobbying, political patronage, and nepotism activities. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. SUBRECIPIENT shall always remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance, as the SUBRECIPIENT is independent from the COUNTY. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such amendments make specific reference to this Agreement, are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY'S Board. Such SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 15 IN1O Packet Pg. 696 16.D.3.1 amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or Local governmental guidelines, policies, available funding amounts, or for other reasons. If such amendments result in a change in the funding, scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from HUD CDBG grant funds and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing the CDBG Funds pertaining to this Agreement. In the event of curtailment or non -production of said Federal Funds, or the reduction of Funds awarded by HUD to the COUNTY, to a level that the County Manager determines to be insufficient to adequately administer the project, the financial resources necessary to continue to pay SUBRECIPIENT all or any portion of the Funds will not be available. In either event, the COUNTY may terminate this Agreement, which shall be effective as of the date that it is determined by the County Manager or designee, in his/her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, SUBRECIPIENT shall indemnify and hold harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action, which may arise out of an act or omission including but not limited to, reasonable attorneys' and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies, which otherwise may be available to an indemnified parry or person described in this paragraph. SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith, shall defend all suits in the name of the COUNTY, and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in section 768.28, Florida Statutes. This section shall survive the expiration or termination of this Agreement. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 16 IN1O Packet Pg. 697 16.D.3.1 3.7 GRANTEE RECOGNITION/SPONSORSHIPS SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of program sponsorships, research reports, and similar public notices, whether printed or digitally prepared and released by SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of SUBRECIPIENT. This design concept is intended to disseminate key information to the general public regarding the development team, as well as Equal Housing Opportunity. Construction signs shall comply with applicable COUNTY codes. If this Agreement results in any copyrightable material or inventions, CHS and/or the COUNTY reserve the right to royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use; and to authorize others to use the work or materials for governmental purposes. 3.8 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.341, this Agreement may be terminated for convenience by either the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and in the case of partial terminations, the portion to be terminated. However, in the case of a partial termination, if the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. This Agreement may also be terminated by the COUNTY, if the award no longer effectuates the program goals or grantor agency priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement, in compliance with 2 CFR 200, Appendix II (A): A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as may become applicable at any time. B. Failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner. C. Ineffective or improper use of funds provided under this Agreement. D. Submission of reports to the COUNTY that are incorrect or incomplete in any material respect. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 17 O Packet Pg. 698 16.D.3.1 E. Submission of any false certification. F. SUBRECIPIENT' S failure to materially comply with any terms of this Agreement. G. Failure to materially comply with the terms of any other agreement between the COUNTY and SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any combination of one or more of the following remedies, in compliance with 2 CFR 200, Appendix II (B): A. Require specific performance of the Agreement in whole or in part. B. Require the use of, or change in, professional property management, if applicable. C. Require SUBRECIPIENT to immediately repay to the COUNTY all CDBG funds received under this Agreement. D. Apply sanctions, if COUNTY determines them to be applicable. E. Stop all payments until identified deficiencies are corrected. F. Terminate this Agreement by giving written notice to SUBRECIPIENT specifying the effective date of such termination. If the Agreement is terminated by the COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. 3.9 SUSPENSION AND DEBARMENT SUBRECIPIENT certifies that neither it, nor its principals, are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by a Federal Department or agency; and that SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a suspended or debarred contractor or vendor, as outlined in Executive Orders 12549 (1986) and 12689 (1989), Suspension and Debarment, and 2 CFR 200.214, as further detailed in Section 4.18. 3.10 REVERSION OF ASSETS In the event of Agreement termination, in addition to any and all other remedies available to the COUNTY (whether under this Agreement, at law, or in equity), SUBRECIPIENT shall, at the time of termination (or expiration), immediately transfer to the COUNTY any property on hand and any accounts receivable attributable to the use of CDBG funds, per 24 CFR 570.503(b)(7). SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 18 IN1O Packet Pg. 699 16.D.3.1 The COUNTY' S receipt of any Funds on hand at the time of termination shall not waive the COUNTY'S right (nor excuse SUBRECIPIENT'S obligation) to recoup all or any portion of the Funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). All program assets (unexpended program income, property, equipment, etc.) shall revert to CHS upon termination of this Agreement. 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said insurance shall be carried continuously during SUBRECIPIENT' S performance under the Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.), and the Federal Regulations for the Community Development Block Grant (24 CFR 570 et seq.). 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through 200.327) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing thresholds are: Range: Competition Required $0 - $50,000 3 Written Quotes $50,001+ Formal Solicitation ITB, RFP, etc. All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or put out to competitive bidding under a procedure acceptable to COUNTY and Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest, responsible, and qualified bidder. SUBRECIPIENT shall manage and CHS shall monitor contract administration. CHS shall have access to all records and documents related to the Project. In accordance with 24 CFR parts 570.202(b)(3) & 570.202(b)(4), to the greatest extent practicable, SUBRECIPIENT shall procure products, similar to Energy Star and Water Sense products and appliances, that increase the effective use of energy and water in structures. In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall Q provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 19 O Packet Pg. 700 16.D.3.1 In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II (J) and 2 CFR 200.323. 3.14 PROGRAM GENERATED INCOME No Program Income is anticipated. However, if Program Income is derived from the use of CDBG Funds disbursed under this Agreement, such Program Income shall be utilized by SUBRECIPIENT only for CDBG-eligible activities approved by the COUNTY. Any Program Income (as such term is defined under applicable Federal regulations) gained from any SUBRECIPIENT activity funded by CDBG Funds shall be reported to the COUNTY through an annual Program Income Re -use Plan, utilized by SUBRECIPIENT accordingly, and shall comply with 2 CFR 200.307, 24 CFR parts 570.489 570.500, and 570.504 in the operation of the Program. When Program Income is generated by an activity that is only partially assisted by CDBG Funds, the income shall be prorated to reflect the percentage of CDBG Funds used. If there is a Program Income balance at the end of the Program Year, such balance shall revert to the COUNTY's Community Block Grant Program, for further reallocation. 3.15 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT'S obligation to the COUNTY shall not end until all closeout requirements are completed. SUBRECIPIENT may close out the project with the COUNTY after the expiration of the Agreement. Activities during this closeout period shall include, but are not limited to making final payments; disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY); and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that SUBRECIPIENT has control over CDBG Funds, including program income. In addition to the records retention outlined in section 2.2 (Records and Documentation) of this Agreement, SUBRECIPIENT shall comply with section 119.021, Florida Statutes, regarding records maintenance, preservation, and retention. A conflict between State and Federal records retention requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. Any balance of unobligated Funds that have been advanced or paid must be returned to the COUNTY. Any Funds paid exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information complying with section 215.97, Florida Statutes, the Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.344. 3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement based on race, SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 20 IN1O Packet Pg. 701 16.D.3.1 color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower -income residents of the project areas shall be given opportunities for training and employment. Also, to the greatest extent practicable, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES SUBRECIPIENT will use its best efforts to afford small businesses and minority and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and "minority and women's business enterprise" means a business that is at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Black Americans, Hispanic Americans , Asian/PacificAmericans, Native Americans, and Hasidic Jews. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and women's business enterprises, in lieu of an independent investigation. 3.18 PROGRAM BENEFICIARIES If the Agreement is meeting a National Objective through an LMI strategy, at least 51 percent of the beneficiaries of a project Funded through this Agreement must be low- and moderate -income persons, or presumed to be low- to moderate -income persons based on applicable regulation. Determination of income eligibility is based on the annual income of the family or household. This Agreement conforms to the definition of Annual Income, per 24 CFR 570.3(1)(i), where Annual income is defined under the Section 8 Housing Assistance Payments. Details for calculating the Annual Income are contained in 24 CFR 5.609, with practical instructions contained in HUD Handbook 4350.3, Chapter 5. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than 30 percent of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the COUNTY's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit C of this Agreement. 3.19 AFFIRMATIVE ACTION SUBRECIPIENT agrees that it is committed to carrying out an Affirmative Action Program pursuant to the COUNTY' S specifications, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. Prior to the award of funds, SUBRECIPIENT shall SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 21 IN10 Packet Pg. 702 16.D.3.1 submit for approval a plan for an Affirmative Action Program. The Affirmative Action Program must be updated throughout the continued use period and submitted to the COUNTY within 60 days of any update/modification. SUBRECIPIENT contracting officer will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or worker's representative of the SUBRECIPIENT's commitments hereunder; and shall post copies of the notice in conspicuous places available to all employees and applicants for employment. 3.20 CONFLICT OF INTEREST SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement; and that no person having any conflict of interest shall be employed or subcontracted by SUBRECIPIENT. SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest," 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person, or an entity owned or controlled in whole or in part by SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT'S ability to self -manage the projects using its own employees. Any possible conflict of interest on the part of SUBRECIPIENT, its employees, or its contractors shall be disclosed to CHS in writing, provided however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low- and moderate -income residents of the project target area. 3.21 BYRD ANTI -LOBBYING AMENDMENT Each tier certifies that the tier above it will not, and has not, used Federally appropriated funds to pay any person or organization for influencing or attempting to influence the award of Federal funds, as covered by 31 USC 1352, and more fully described in Section 4.46 of this Agreement. Contractors who apply or bid for an award of $100,000 or more shall file the required certification. 3.22 RELIGIOUS ORGANIZATIONS CDBG Funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.2000). SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 22 IN1O Packet Pg. 703 16.D.3.1 A. It will not discriminate against any employee or applicant for employment and will not limit employment or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services and will not limit such services or give preference to persons based on religion. C. It will retain its independence from Federal, State, and Local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided it does not use direct CDBG Funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. The Funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG Funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities, in accordance with the cost accounting requirements applicable to CDBG Funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. 3.23 INCIDENT REPORTING If SUBRECIPIENT provides services to clients under this Agreement, SUBRECIPIENT and any subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person. During the term of this Agreement, SUBRECIPIENT must report to the COUNTY in writing, within one business day of occurrence, any substantial, controversial, or newsworthy incidents. The Collier County Standard Subrecipient Incident Report Form shall be used to report all such incidents. 3.24 SEVERABILITY Should any provision of this Agreement be determined unenforceable or invalid, such determination shall not affect the validity or enforceability of any other section or part thereof. 3.25 MISCELLANEOUS SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. SUBRECIPIENT represents and warrants that the financial data, reports, and other information it furnished to the COUNTY regarding the Project are accurate and complete, and financial disclosures fairly represent the financial position of SUBRECIPIENT. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 23 IN1O Packet Pg. 704 16.D.3.1 SUBRECIPIENT understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the COUNTY's or SUBRECIPIENT's responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service and, in case of a minor, that of a responsible parent/guardian. SUBRECIPIENT certifies that it has the legal authority to receive the Funds under this Agreement and its governing body has authorized the execution and acceptance of this Agreement. The SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind SUBRECIPIENT to the terms of this Agreement. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida, without giving effect to its provisions regarding choice of laws. All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all applicable Federal, State, and Municipal laws, ordinances, regulations, orders, and guidelines, including but not limited to any applicable regulations issued by HUD. Electronic Signatures. This Agreement, and related documents entered into in connection with this Agreement, are signed when a parry's signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. 3.26 WAIVER The COUNTY's failure to act with respect to a breach by SUBRECIPIENT does not waive its right to act with respect to subsequent or similar breaches. The COUNTY'S failure to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. Remainder of Page Intentionally Left Blank SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 24 IN1O Packet Pg. 705 16.D.3.1 PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title24/24cfr570_main 02.1pl 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. https: //www. ecfr. goy/c gi-bin/text- idx?SID=1 acdb92f3b05c3f285dd76c26d14f54e&mc=true&node=pt24.1.58&rgn=div5 Resource Conservation and Recovery Act (RCRA). Under RCRA codified at 42 USC 6962, state and local institutions of higher education, hospitals, and non-profit organizations that receive direct Federal awards or other Federal Funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to the EPA guidelines. Summary of the Resource Conservation and Recovery Act I US EPA 4.3 Hatch Act: The SUBRECIPIENT shall comply with the Hatch Act, 5 USC 1501-1508 and shall ensure that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 Title V of the USC Federal Resister : Political Activitv-State or Local Officers or Emmlovees: Federal Employees Residing in Designated Localities; Federal Employ 4.4 Section 104(d) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended Section 109 of the HCD Act of 1974 1 HUD.gov / U.S. Department of Housing and Urban Development (HUD) Section 104(d) of the Housing and Communi , Development Act of 1974, as amended (see 42 USC 5304(d)) - HUD Exchange 4.5 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. https://www.hud.gov/sites/documents/DOC_7771.PDF htlps://www.justice.gov/crt/fair-housing-act-1 Executive Order 11063 — Equal Opportunity in Housing https://www.archives.gov/federal- re sister/codification/executive-order/ 11063 .html Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs https://www.archives. eov/federal-reLister/codification/executive-order/ 12259.html 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O. https://www.law.comell.edu/cfr/text/24/part-107 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as amended https://www.hud.gov/programdescription/title6 This Agreement is subject to 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared, or improved with assistance provided under this Agreement, SUBRECIPIENT shall cause or require a covenant running with the land to be inserted in the deed or lease of such transfer, prohibiting discrimination herein as defined, in the sale, lease, or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 25 O IN1 Packet Pg. 706 16.D.3.1 providing that the COUNTY and the United States are beneficiaries of and entitled to enforce such covenants. SUBRECIPIENT, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4.6 Title IX of the Education Amendments of 1972, as amended, 20 USC 1681, which prohibits discrimination on the basis of sex in educational programs Title IX Of The Education Amendments Of 1972 (justice.gov) 4.7 The Temporary Assistance for Needy Families Program (TANF) 45 CFR Parts 260-265, the Social Services Block Grant 42 ISC 1397d and other applicable federal regulations and policies promulgated thereunder. Temporary Assistance for Needy Families I Benefits.gov eCFR: 45 CFR Part 260 -- General Temporary Assistance for Needy Families (TANF) Provisions The Pro -Children Act: Contractor agrees to comply with the Pro -Children Act of 1994, 20 USC 6083. Pro -Children Act Of 1994 1 Legislation I US Encyclopedia of law (lawi.us) 4.8 Public Announcements and Advertising: When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs Funded in whole or in part with Federal money, SUBRECIPIENTshall clearly state (1) the percentage of the total costs of the program or project which will be financed with Federal money, (2) the dollar amount of Federal funds for the project or program, and (3) percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources. 4.9 Purchase of American -Made Equipment and Products: SUBRECIPIENT assures that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Agreement will be American -made. 4.10 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www. gpo.. ov�/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-sec570- 602.pdf 4.11 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https://www.dol.gov/agencies/ofcgp/executive-order- 11246/as-amended EO 11375 and 12086: see item #8 below 4.12 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. SUBRECIPIENT will, in all solicitations or advertisements for Q SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 26 O IN1 Packet Pg. 707 16.D.3.1 employees placed by or on behalf of SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission eeoc. ov 4.13 24 CFR 75 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 75, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the COUNTY, the SUBRECIPIENT, and any of the SUBRECIPIENT'S Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT'S subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires, to the greatest extent feasible, opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." Section 3 requires 25 percent of the total labor hours must be worked by Section 3 workers and 5 percent of the total labor hours must be worked by Targeted Section 3 workers. If SUBRECIPIENT is unable to meet these benchmarks, efforts taken to meet the requirements must be described. Examples include held iob fairs, conduct on the iob training, outreach efforts to public housing residents, and connecting residents to supportive services. SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG-Funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 27 IN1O Packet Pg. 708 16.D.3.1 metropolitan area in which the CDBG-Funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low - and very low-income participants in other HUD programs. https://www.hud.gov/sites/documents/DOC 12047.PDF SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. htlps://www.ecfr.fzov/current/title-24/subtitle-AZpart-75 4.14 SUBRECIPIENT shall not assign or transfer any interest in this Agreement without the prior written consent of the COUNTY thereto; provided, however, that claims for money due or to become due to SUBRECIPIENT from CHS under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to CHS. 4.15 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107, and 12086. Age Discrimination Act of 1975 https://www.law.comell.edu/uscode/text/42/chapter-76 11246: https://www.dol.gov/ofccp/reps/statutes/eo11246.htm 11375: Amended by EO 11478 11478: https://www.archives.gov/federal-register/codification/executive-order/I1478.html 12107: hgps://www.archives.gov/federal-register/codification/executive-order/12107.html 12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html 4.16 Contract Work Hours and Safety Standards Act, 40 USC 327-332. https://www.dol.gov/whd/regs/statutes/safe0l.pd 4.17 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: https://www.epa. og v/ocr 29 USC 776: ho2s://law.onecle.com/uscode/29/776.html 24 CFR 570.614: https://www.law.comell.edu/cfr/text/24/570.614 4.18 The Americans with Disabilities Act of 1990: https://www.hug. og y/program_offices/fair_housing equal_opT Americans with Disabilities Act of 1990, As Amended I ADA.gov 4.19 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. hops://www.fhwa.dot.. ova_estate/uniform act/index.cfin SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 28 IN1O Packet Pg. 709 16.D.3.1 4.20 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all construction contracts funded by CDBG. Davis -Bacon Act: 40 USC 276a to 40 USC 276a-5: 40 U.S.C. 276a - https://www. ovg info.gov/gpp/details/USCODE-2001-title40/USCODE-2001- title40-chap3-sec276a/context 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States https://www.law.comell.edu/cfr/text/29/part-3 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) https://www.law.comell.edu/cfr/text/29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. https://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.21 As a supplement to the Davis -Bacon Act requirements, the SUBRECIPIENT agrees to comply with the "Copeland Anti -Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or subcontractors from inducing an employee to relinquish any part of his/her compensation, under the federally -funded contract. 18 U.S.C. 874 https://www.govi�nfo.gov/content/pkg/USCODE-2021-title18/pdf/IJSCODE-2021- title 18-partl-sec874/context 40 U.S.C. 276c https://www. ovg info. og v/gpp/details/USCODE-2001-title4O/uSCODE-2001- title40-chap3-sec276a/context 4.22 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. https://www.archives. gov/federal-register/codification/executive-order/ 11625.html 4.23 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act (HCDA) are still applicable. 24 CFR 570.607: htlps://www.ecfr.gov/cgi-bin/text- idx?SID=9eae3f8eaa99lfO4l l f383b74003bcb 1 &mc=tme&node=pt24.3.570&rgn=div5#se24.3.5 70 1607 SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 29 O Packet Pg. 710 16.D.3.1 E.O. 13279: htt2://www.fedgovcontracts.com/pe02-96.htm 4.24 Public Law 100-430 - the Fair Housing Amendments Act of 1988. STATUTE- 102-P lg 619.pdf ( ovg info.gov) 4.25 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https://www. ecfr. gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl 4.26 2 CFR 200.216 — Prohibition on certain telecommunications and video surveillance services or equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or grant funds to: 1) procure or obtain; 2) extend or renew a contract to procure or obtain; 3) enter into a contract (or extend or renew a contract) to procure or obtain equipments, services, or systems that use(s) covered telecommunications equipment or services as a substantial component of any system, or as critical technology as part of any system. 4.27 Immigration Reform and Control Act of 1986 S.1200 - 99th Congress (1985-1986): Immigration Reform and Control Act of 198C Con.rgress.gov I Library of Congress 4.28 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. https://www. ovg info.gov/content/pkg/USCODE- 2010-title42/html/USCODE-2010-title42-chap85.htm https://www.law.comell.edu/uscode/text/42/chapter-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.. ovi�nfo. gov/content/pkg/USCODE-2011-title33/pdf/USCODE-2011-title33- chap26.pdf https://www.law.comell.edu/uscode/text/33/chapter-26 4.29 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. https://www.law.comell.edu/cfr/text/24/570.605 4.30 SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to the HUD Lead -Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. Lead -Based Paint - HUD Exchange 4.31 SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the Q National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 30 O IN1 Packet Pg. 711 16.D.3.1 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. achy. gov/sites/default/files/regulations/2017-02/regs-revO4.pdf In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State, or Local historic property list. 4.32 SUBRECIPIENT must certify that it will provide drug -free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). https://www. apo. gov�/fdsys/granule/USCODE-2009-title4l /USCODE-2009-title4l -chap 10- sec701 4.33 SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. https://www.archives. gov/federal-register/codification/executive-order/ 12549.html 4.34 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. 4.35 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT' S fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT' S fiscal year. Per 2 CFR 200.345, if this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. eCFR :: 2 CFR Part 200 Subpart F -- Audit Requirements 4.36 Any real property acquired by the SUBRECIPIENT for the purpose of carrying out the projects stated herein and approved by the COUNTY, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within SUBRECIPIENT control, which is acquired or improved, in whole or part, with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. SUBRECIPIENT agrees to comply with the requirements of 24 CFR 570.606 c SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 31 IN10 Packet Pg. 712 16.D.3.1 governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and the requirements in 24 CFR 570.606 (d) governing optional relocation policies. SUBRECIPIENT shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606 (b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition, or conversion for a CDBG assisted project. SUBRECIPIENT also agrees to comply with applicable COUNTY ordinances, resolutions, and policies concerning the displacement of persons from their residences. https://www.gpo. o�ys/granule/CFR-1999-title49-voll/CFR-1999-title49-voll-sec24-101 https://www. ov�gov/gpp/details/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-505 4.37 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.38 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. SUBRECIPIENT shall obtain written approval from CHS for any outside travel outside the metropolitan area with funds provided under this Agreement. https://www.gsa.goy/portal/content/I 04877 4.39 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. https://www.govregs.com/regulations/enand/title24 part5_subpartA_section5.106 4.40 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in §5.100, required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. eCFR: 24 CFR Part 214 Subpart D -- Program Administration https://www.law.comell.edu/cfr/text/24/5.111 SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 32 IN1O Packet Pg. 713 16.D.3.1 4.41 HUD Final Rule — Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. https://www.federalre ig ster.gov/documents/2016/11/16/2016-25888/violence-against-women- reauthorization-act-of-2013-implementation-in-hud-housing-pro . rgrams 4.42 Any rule or regulation determined to be applicable by HUD. 4.43 Limited English Proficiency: SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at hqp://www.lep. _og_v. 4.44 Equal Treatment of Faith -Based Organizations: By regulation, HUD prohibits all recipient organizations from using financial assistance from HUD to fund explicitly religious activities. The SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see https://ojp.gov/about/ocr/partnerships.htm. Discrimination on the basis of religion in employment is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on a case -by -case basis to allow some faith -based organizations to receive HUD funds while taking into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights. 4.45 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. SUBRECIPIENT agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See https://ojp.gov/about/ocr/pdfs/UseofConviction_Advisory.pdf for more details. 4.46 Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENT will not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 33 IN1O Packet Pg. 714 16.D.3.1 31 U.S.C. 1352 - Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions - Document in Context - USCODE-2010-title3l-subtitleII-chapl3- subchapIII-secl352 (govinfo.gov) 31 U.S. Code § 1352 - Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions I U.S. Code I US Law I LII / Legal Information Institute (cornell.edu) 4.47 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds 18 U.S. Code § 1001 - Statements or entries . generally I U.S. Code I US Law I LII / Legal Information Institute (cornell.edu) Beneficiaries are subject to this False Claims Act that include the following: 31 U.S.C. 3729 - False claims - Document in Context - USCODE-2010-title3l-subtitleIII-ch4p37-subchapIII-sec3729 (govinfo.gov) 31 U.S. Code & 3729 - False claims I U.S. Code I US Law I LII / Legal Information Institute (cornell.edu) 4.48 Political Activities Prohibited: None of the Funds provided directly or indirectly under this Agreement shall be used for any political activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor any Funds provided hereunder shall be utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. 4.49 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD encourages recipients and subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by HUD and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. Executive Order 13513 --Federal Leadership on Reducing Text Messaging while Driving whitehouse.gov (archives.gov) 4.50 Trafficking in Persons: SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of the SUBRECIPIENT and any employees of SUBRECIPIENT. The details of SUBRECIPIENT' S obligations related to prohibited conduct related to the trafficking of persons are posted at: https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking htm. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 34 IN1O Packet Pg. 715 16.D.3.1 4.51 Association of Community Organizations for Reform Now (ACORN): SUBRECIPIENT understands and acknowledges that it cannot use any Federal Funds, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of HUD. 4.52 If SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under this funding agreement, SUBRECIPIENT must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Busines Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by HUD. https: //www. ecfr. gov/c/c gi- bin/retrieveECFR?g=p=&SID=a004b6bf20934ace7a717de761 dc64c0&mc=true&n=pt37.1.401 &r =PART&ty=HTML 4.53 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes- https://www.lawserver.com/law/state/florida/statutes/florida statutes_ chapter_112 part _iii Collier County- http://www.colliergov.net/home/showdocument?id=35137 4.54 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except that the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.55 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). 4.56 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 SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 35 IN1O Packet Pg. 716 16.D.3.1 hereunder, the other party may obtain a court order requiring mediation under section 44.102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court; and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. httDs://www.flsenate.izov/Laws/Statutes/2012/44.102 4.57 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. http://www.lea.state.fl.us/Statutes/index.cfin?Ao mode=Display_ Statute&Search_String L=0200-0299/0287/Sections/0287.133.htm1 4.58 Florida Statutes section 448.095 Employment Eligibility. Per Florida Statute 448.095(3), all Florida private employers are required to verify employment eligibility for all new hires beginning January 1, 2021. Eligibility determination is not required for continuing employees hired prior to January 1, 2021. http://www.leg.state.fl.us/statutes/index.cfin?App Statute&URL=0400- 0499/0448/0448.html 4.59 Florida Statutes section 713.20, Part 1, Construction Liens Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us) 4.60 Florida Statutes section 119.021 Records Retention Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us) 4.61 Florida Statutes section 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfin?App Statute&URL=0100- 0199/0119/Sections/0119.071.html 4.62 ENTIRE AGREEMENT This Agreement constitutes the entire agreement between COUNTY and SUBRECIPIENT for the use of Funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between COUNTY and SUBRECIPIENT with respect to this Agreement. (Signature Page to Follow) SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 36 IN1O Packet Pg. 717 16.D.3.1 IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: CRYSTAL K. KINZEL, CLERK , Deputy Clerk Dated: (SEAL) WITNESSES: Witness #1 Signature Witness #1 Printed Name Witness #2 Signature Witness #2 Printed Name Approved as to form and legality: 0-t'ti�b Derek D. Perry Assistant County Attorney Date: SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services AS TO COUNTY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LIN RICK LOCASTRO, CHAIRPERSON Date: AS TO SUBRECIPIENT: SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. L-12 JOHN F. KELLEHER, CFO -SECRETARY TREASURER Date: [Please provide evidence of signing authority, e.g. corporate resolution or secretary's certificate] Page 37 IN1O Packet Pg. 718 16.D.3.1 PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 Tamiami Trail East, Suite 213, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this Agreement. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), Q the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 38 O IN1 Packet Pg. 719 16.D.3.1 the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Agreement: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an "All Risk" basis, in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee, with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 39 O Packet Pg. 720 16.D.3.1 1*14111:31181.1 COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: Sunrise Community of Southwest Florida, Inc. SUBRECIPIENT Address: 9040 Sunset Drive, Miami, FL 33173 Project Name: Free To Be Me -Transportation Program Project No: PS 23-01_ Payment Request # Total Payment Minus Retainage Period of Availability: 10/01/2023 -through 09/30/2024 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request (Total expenditures this period minus retaina e, if applicable) $ $ 4. Current Grant Balance (Grant Amount minus previous requested minus today's request) $ $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor (Approval required $14,999 and below) SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) Page 40 O Packet Pg. 721 16.D.3.1 EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement and Information System (IDIS). The COUNTY reports information on a quarterly basis. To facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten (10) days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Subrecipient Name: Sunrise Community of Southwest Florida, Inc. Date: Project Title: Free -To -Be -Me -Transportation Services IDIS #: Program Contact: PS23-01 Telephone Number: Activity Reporting Period Report Due Date October I It —December 31It January 1 Oth January 1 st — March 31It Aril 101 April 1st — June 301 July1 Oth July I It — Se tember 301 October 1 Oth REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): ❑12/31/20_ ❑ 3/31/20_ ❑ 6/30/20_ ❑ 9/30/20_ Final _/_/20_ Please note: The HUD Program year begins October 1, 20 — September 30, 20 . Each quarterly report must include cumulative data beginning from the start of the program year October 1, 20XX. La. Please list the outcome goal(s) from your approved application and SUBRECIPIENT Agreement and indicate your progress in meeting those goals since October 1, 20 . Outcome Goals: list the outcome goal(s)from our a roved application and SUBRECIPIENT Agreement Outcome 1: 45 or more adult persons with disabilities will benefit from transportation services Outcome 2: Maintain 90% of program and administrative staff and driver positions to deliver the transportation program. Outcome 3: 5 1 % of the persons served are low to moderate income and/or presumed b. Goal Progress: Indicate the progress to date in meeting each outcome goal. Outcome 1: Outcome 2: Outcome 3: 2. Is this project still in compliance with the original project schedule: Yes ❑ No ❑ If No, Explain: 3. Since October 1, 20 ; of the persons assisted, how many... Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes a. ...now have new access(continuing) to this service or benefit? 0 b. ...now have improved access to this service or benefit? 0 C. ...now receive a service or benefit that is no longer substandard? 0 Total 0 4. What funding sources did the SUBRECIPIENT apply for thisperiod? Section 108 Loan Guarantee $ CDBG $ Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ ESG $ $ HOPWA $ $ Total Entitlement $ SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 41 IN10 Packet Pg. 722 16.D.3.1 Funds 5. What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if applicable? Answer question 5a or 5b; NOT both For LMC activities: people, race/ethnicity, and income data are reported by persons. For LMH activities: households, race/ethnicity, and income level are reported by households, regardless the number of persons in the household. a. Total No. Persons/Adults served (LMC) 0 Total No. persons served under 18 0 LMC Quarter Total No. of Persons 0 Quarter Total No. of Persons 0 [b- Total No. of Households served 0 Total No. of female head of household 0 LMH 6. What is the total number of UNDUPLICATED clients served since October, if applicable? Answer question 6a or 6b, NOT both For LMC activities: race/ethnicity and income data are reported by persons. a. Total No. Persons/Adults served (LMC) 0 Total No. Persons served under 18 LMC 0 YTD Total: 0 YTD Total 0 b. Total No. Households served LMH 0 Total No. female head of household (LMH) 0 YTD Total 0 YTD Total 0 Complete EITHER question 7 or 8, NOT both Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. 7. PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY LMCQuarter LMC YTD Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED served this ug arter who fall into each presumed benefit persons served since October 1 who fall into each category (the total should equal the total in question #6a presumed benefit category (the total should equal the or 6b): total in question #6a or 6b): a Presumed Benefit Activities Onl LMC TR b Presumed Benefit Activities Only LMC YTD 0 Abused Children ELI 0 Abused Children ELI 0 Homeless ELI 0 Homeless Person ELI Person 0 Migrant Farm LI 0 Migrant Farm Workers LI Workers 0 Battered LI 0 Battered Spouses LI Spouses 0 Persons LI 0 Persons w/HIV/AIDS LI w/HIV/AIDS 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults LI 0 Illiterate Adults LI 0 Severely LI 0 Severely Disabled Adults LI Disabled Adults 0 Quarter Total 0 YTD Total C Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED served this Quarter who fall into each income category persons served since October 1 (YTD) who fall into the total should equal the total in question #6 : each income category the total should equal the total SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services a a U d A d c c c� a c O Q M N u_ on 00 a7 N IL 0 c 0 0 0 a c L H m N �L c 0 0 M N co a m U M N O N Ln Ln CO) ti CD ti c m E 0 .r Q Page 42 IN1O Packet Pg. 723 16.D.3.1 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 i 0 1 YTD Total 0 Is this project in a Low/Mod Area (LMA)? YES NO Was project completed this quarter? YES NO If yes, complete all of this section 9. Date project completed Block Group Census Tract Total Beneficiaries Low/Mod Beneficiaries Low/Mod Percentage 0 0 0 0 0 Date LMA Narrative approved by CHS? What documentation supports project completion? (i.e., Certificate of Completion or Certificate of Occupancy, etc. 10. Racial & Ethnic Data if applicable) Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients clients served this Quarter fall into each race served since October (YTD) fall into each race category. In category. In addition to each race category, please addition to each race category please indicate how many indicate how many persons in each race category persons in each race category consider themselves consider themselves Hispanic. (Total Race column Hispanic. (Total Race column should equal the total in should equal the total in question 6.question 6. a. RACE ETHNICITY b. RACE ETHNICITY /HISPANIC /HISPANIC White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 American Indian/Alaska Native 0 0 American Indian/Alaska 0 0 Native Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific 0 0 Islander Black/African American & White 0 0 Black/African American & 0 0 White American Indian/Alaska Native & 0 0 American Indian/Alaska 0 0 Black/African American Native & Black/African American Other Multi -racial 0 0 Other Multi -racial 0 0 0 0 0 0 I hereby certify the above information is true and accurate. Name: Signature: Title: Your tuned name here represents your electronic signature SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 43 O Packet Pg. 724 16.D.3.1 1*14011:319wi Community Development Block Grant (CDBG) Leveraged Funds Report Leveraged Funds must be identified, tracked, and verifiable. Resources must be fully identified and described as submitted with SUBRECIPIENT's application. Subrecipient Name: Report Period: Fiscal Year: Contract Number: Program: Contact Name: Contact Number: Leveraged Funds See EXAMPLE below for how to complete this form. Source Amount Type Use Total Project Cost Ratio: EXAMPLE Source Amount Type Use CDBG $1,000,000 Other Federal Funds Land Acquisition HOME $870,000 Federal Funds Infrastructure Private Donation $1,200,000 Cash & In -Kind Infrastructure Philanthropic $3,500,000 Cash — local funds 52 units Affordable Housing Total Project Cost $6,570,000 Ratio: $1 Federal Dollar $2.51 Local Funds Signature Page to Follow SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 44 O Packet Pg. 725 16.D.3.1 I hereby certify the above information is true and accurate. Signature: Date: Printed Name: Title: Your typed name here represents your electronic signature. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 45 IN1O Packet Pg. 726 16.D.3.1 1*14111:3118E INCOME CERTIFICATION INSTRUCTIONS Complete this form and retain appropriate supporting documentation proving CDBG assistance to an eligible beneficiary. Please retain in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names — All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets B b 0.00 If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave blank. B(c) SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 46 IN1O Packet Pg. 727 16.D.3.1 C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages / Salaries (include tips, commissions, bonuses, and overtime) Benefits / Pensions Public Assistance Other Income Asset Income (Enter the greater of box B(b) or 1 box B(c), 2 above, in 3 box C(e) below) 4 5 6 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 0.00 0.00 Enter total of items C(a) through C(e). This amount is the Annual Anticipated Household Income. 0.00 D. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. I/we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. Uwe certify that the statements are true and complete to the best of my/our knowledge and belief, and are given under penalty of perjury. WARNING: Florida Statutes Chapter 817, U.S.C. § 1001 and 31 U.S.0 § 3729 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under Sections 775.082 and 775.083, Florida Statutes. 31 U.S.C. 3729 - False claims - Document in Context - USCODE-2010-title3l-subtitleIII-chap37-subchapIII-sec3729 (govinfo.gov) Signature of Head of Household Signature of Spouse or Co -Head of Household Adult Household Member (if applicable) Adult Household Member (if applicable) SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Date Date Date Date Page 47 O Packet Pg. 728 16.D.3.1 E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s) constitute(s) a: ❑ Extremely Low -Income (ELI) Household means and individual or family whose annual income does not exceed 30/501}i of the Very Low -Income (60 percent of VLI) percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ Very Low -Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ❑ Low -Income (LI) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Based on the (year) income limits for the Naples -Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Printed Name F. Household Data Title Date Number of Persons Bv Race / Ethnicitv Bv A e American Native Other Indian Asian Black Hawaiian White 0 —25 26 —40 41 —61 62+ or Other Pac. Hispanic Non- Hispani NOTE: Information concerning the race or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information, and refusal to give such information will not affect any right he or she has to the CDBG program. SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services Page 48 IN1O Packet Pg. 729 16.D.3.1 EXHIBIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding the organization's compliance. In determining Federal awards expended in a fiscal year, the subrecipient must consider all sources of Federal awards, based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Subrecipient Name Sunrise Community of Southwest Florida, Inc. First Date of Fiscal Year M/DD Last Date of Fiscal Year M/DD 07/01/23 06/30/24 Total Federal Financial Assistance Expended during Total State Financial Assistance Expended during most most recently completed Fiscal Year recently completed Fiscal Year $ $ Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been met, and a ❑ Single Audit as required by 2 CFR Part 200 Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ❑ Are a for -profit organization ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we understand that the audit report contains ❑ a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC. PS23-01 Free To Be Me Transportation Services 06/18 a IL U as d c c c� a 0 Q M LL on 00 Ln N Pale 49 Packet Pg. 730 C Oflier Couvity 2023 Annual Action Plan Collier County Community and Human Services Division 3339 East Ta m i a m i Trail Health and Public Services Building H, Room 213 Naples, Florida 34112 Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 731 16.D.3.n Table of Contents ExecutiveSummary............................................................................................................... 3 AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)..................................................................3 PR-05 Lead & Responsible Agencies — 91.200(b)..............................................................................8 AP-10 Consultation — 91.100, 91.200(b), 91.215(I)...........................................................................9 AP-12 Participation — 91.105 91.200 c 18 a a ExpectedResources............................................................................................................. 21 N AP-15 Expected Resources — 91.220(c)(1,2)...................................................................................21 m c Annual Goals and Objectives 26 1° AP-20 Annual Goals and Objectives..............................................................................................26 a c 0 Projects...............................................................................................................................29 U Q AP-35 Projects — 91.220(d)............................................................................................................29 N AP-38 Project Summary................................................................................................................31 AP-50 Geographic Distribution — 91.220(f)...................................................................................37 rn v 00 N AffordableHousing............................................................................................................. 39 M N AP-55 Affordable Housing — 91.220(g)...........................................................................................39 M 1— AP-60 Public Housing — 91.220(h)..................................................................................................41 J z AP-65 Homeless and Other Special Needs Activities — 91.220(i).....................................................43 M Q AP-75 Barriers to affordable housing — 91.220(j)...........................................................................47 M AP-85 Other Actions — 91.220(k)................. ......................................... ......................................... 48 N O C, Program Specific Requirements........................................................................................... 53 c 0 0 U AP-90 Program Specific Requirements — 91.220(1)(1,2,4)................................................................53 Annual Action Plan 2023 2 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 732 16.D.3.n Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction Collier County is an entitlement jurisdiction eligible to receive community planning and development funding from the U.S. Department of Housing and Urban Development (HUD). As such, HUD requires that the County develop a 5-Year Consolidated Plan to identify its housing and community development priorities and develop a strategy to implement HUD programs. HUD also requires that the County prepare an Annual Action Plan showing the objectives the County plans to achieve each year towards the goals established in the Consolidated Plan. This plan represents the PY 2023 Annual Action Plan and outlines goals, objectives, and projects for the third program year covered by the current Consolidated Plan. It also serves as the County's application to HUD, requesting its allocation of Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grants (ESG) funds. Collier County's FY 2023 grant allocations are: $2,574,633 in CDBG funds; $844,948 in HOME funds; and $211,534 in ESG funds. The goal of the community planning and development programs covered by this Annual Action Plan is to develop viable communities by providing decent and affordable housing, a suitable living environment, and expanding economic opportunities principally for people with low- and moderate -incomes. The County made funding determinations for specific projects during PY 2023 based on input from residents, non-profit and social service agencies that serve low- and moderate -income residents, municipalities including the City of Naples, and other stakeholders. 2. Summarize the objectives and outcomes identified in the Plan Collier County developed the objectives and outcomes of the 5-Year Strategic Plan based on an analysis of the data presented in the 2021-2025 Consolidated Plan and a citizen participation and stakeholder consultation process. The County identified seven (7) priority needs with associated goals to address those needs. Due to limited funds, not all the needs and goals identified in the Consolidated Plan can be addressed in each annual plan, however the County will work towards achieving each goal during the 5- Year planning period. The activities for this PY 2023 AAP will address the following priorities and goals, which are as follows: Priority Need: Housing Affordability Goal: New Construction, Rehabilitation/Acquisition Homeownership - Funds will be used to support new construction, rehabilitation, direct financial assistance, or acquisition of affordable housing for homeownership. Annual Action Plan 2023 3 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 733 16.D.3.n Goal: Support New Construction, Rehab/Acquisition Rental - Funds will be used to support new construction, rehabilitation, or acquisition of affordable housing for rental housing. Goal: CHDO - Funds will be used to support new construction, rehabilitation, or acquisition of affordable housing for housing developed by a CHDO. Priority Need: Homelessness & Homelessness Prevention Goal: Emergency Housing and Services for the Homeless - Funds will be used to provide emergency shelter services and permanent housing for homeless persons. Emergency housing includes rapid rehousing rental assistance activities to help individuals and families avoid returning to homelessness. Goal: Provide Homelessness Prevention — Funds will be used to provide permanent housing to prevent persons from becoming homeless. Goal: HMIS Support - Funds will be used to collect client -level data and data on the provision of housing and services to homeless individuals and families and persons at risk of homelessness. Priority Need: Public Facilities Goal: Improve Public and Other Facilities - Funds will be used to improve public infrastructure in low- income areas to include sidewalk installation, water -sewer improvements, and accessibility improvements, etc. Priority Need: Public Infrastructure Improvements Goal: Improve Public Infrastructure - Funds will be used to improve public infrastructure in low-income areas to include sidewalk installation, water -sewer improvements, and accessibility improvements, etc. Priority Need: Public Services Goal: Provide Public Services - Funds will be used to provide services to low-income persons. Priority Need: Program Administration and Planning Goal: Administration & Planning - Administration and Planning for CDBG, HOME and ESG Programs 3. Evaluation of past performance Collier County with other public and private agencies, local nonprofits and community housing providers, has made significant contributions to provide safe, decent and affordable housing and provide a suitable living environment to residents in the County. There has been considerable progress in addressing the Annual Action Plan 2023 4 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 734 16.D.3.n needs of the LMI and special needs communities. However, improvements to public facilities and infrastructure, affordable housing, homeless services and public services remain important needs for the community as the County strives to improve the quality of life for its residents. These needs are documented in the County's current Consolidated Plan and the most recent Consolidated Annual Performance and Evaluation Report (CAPER). The CAPER provides an assessment of progress towards the 5-Year goals and the one-year goals of HUD entitlement grants CDBG, HOME and ESG. The most recent PY 2021 CAPER reports these following highlights by priority need: Public Improvements: The County made public facility improvements that benefitted 54,267 persons living in low/mod areas. These include facilities improvements at the Golden Gate Senior Center, Legal Aid facility, Esperanza Community Center, the Immokalee Fire Station and security improvements at the Shelter for Abused Women and Children. Public infrastructure improvements were also made that benefitted 8,210 persons living in low/mod areas. These activities included water/sewer improvements with the Bayshore CRA Fire Suppression project, installation of crosswalks and street lighting in the City of Naples, and sidewalk improvements at Peters Ave. Public Services: In PY 2021 the County funded public services that benefitted a total of 630 LMI individuals. Transportation services offered by Sunrise Free to Be Me assisted persons with a disability. Legal services were provided to victims of domestic violence and other abuses. Housing counseling for LMI households was provided by HELP. CDBG-CV funds went to support the ongoing efforts of case management healthcare services to help vulnerable patients with chronic conditions to minimize the severity of COVID-19 or help to prevent contracting the virus. The County also funded the Immokalee Fire Control District to help with COVID protection actions, and this activity had a low/mod benefit for an estimated 36,775 persons. Affordable Housing: For the HOME affordable housing program the County completed 11 affordable rental rehab units at the Oak Marsh Rental Rehab project, which assisted LMI households. HOME activities are reported in the CAPER when they are completed, and there are several housing activities that are still ongoing. There were also 69 LMI renter households assisted at the Collier County Housing Authority's (CCHA) rental housing HVAC rehab activity through the CDBG program. HVAC improvement at rental units owned by the CCHA helped to increase the energy efficiency of these units. Another 2 LMI renter households were assisted through the acquisition of units for the purpose of adding to the affordable housing stock of the CCHA. Homeless Prevention: The County addresses homelessness primarily with the help of its partners, Collier County Hunger & Homeless Coalition (HHC), The Shelter for Abused Women & Children, Youth Haven and NAMI. The County funded HHC to operate HMIS data collection in the region. The Shelter, Youth Haven and NAMI assisted 543 persons in PY 2021 with homeless shelter operations, and another 4 homeless persons were assisted with rapid rehousing. CARES Act Activities Annual Action Plan 2023 5 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 735 16.D.3.n In response to COVID-19, the County amended its 2019 AAP to include projects/goals that prevent, prepare for and respond to the coronavirus and these activities continued in PY 2021. For CV public services, CDBG-CV funds went to support continuing case management of healthcare services to help vulnerable patients with chronic conditions from contracting the virus. This activity assisted 189 LMI persons. In addition, the County funded the Immokalee Fire Control District to help with COVID protection actions, and this activity had a low/mod benefit for an estimated 36,775 persons. The County also supported legal, financial, and accounting support services for small businesses impacted by COVID-19, and as a result 41 individuals were assisted with this public service. 4. Summary of Citizen Participation Process and consultation process Citizen participation and community stakeholder consultation plays a vital part in the development of Collier County's planning and development of the Annual Action Plan. The County encourages participation from the citizens it serves, in particular LMI and special needs communities, which are the primary targets of HUD funded programs. The County also continues to remain engaged and works with key non-profit organizations that serve these groups. The citizen participation process follows the County's HUD approved Citizen Participation Plan, which is designed to encourage all citizens, including persons of lower income, non-English speaking residents, and those with disabilities to participate in the County's planning and development of plans and reports. Outreach efforts are provided below for the development of the PY 2023 AAP: - A public hearing was held on Thursday, June 12023, from 9:00 a.m. to 11:00 a.m. at Community and Human Services offices at 3339 E. Tamiami Trail, Building H, Suite 213, Naples FL 34112. - A public comment period began on May 18, 2023, through June 17, 2023, regarding the 2023 Annual Action Plan. During this period, the draft AAP was available for review in all County public libraries, at the Public Information Desk in the Harmon Turner Building on the Collier County Government Main Campus, in the Community & Human Services (CHS) Division office located at 3339 E Tamiami Trail, Building H, Suite 213, Naples FL 34112, and the Collier County web site at www.colliercountvfl.gov. The document was available in a format accessible to persons with disabilities upon request. All comments (received through the CHS office, either written, by telephone, via email, regular mail or in person) from citizens will be considered in preparing the final PY 2023 AAP. - A final public hearing was held on July 11, 2023 at a regularly held Board of County Commissioners meeting to review and discuss the draft AAP. A list of efforts to gather public feedback is displayed in the AP-12 Citizen Participation. 5. Summary of public comments Public Hearing (June 1, 2023): There were no comments made from the public. Annual Action Plan 2023 M OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 736 16.D.3.n Public Comment Period (May 18, 2023 to June 17, 2023): Public Hearing (July 11, 2023): For more details see AP-12 Participation. 6. Summary of comments or views not accepted and the reasons for not accepting them All comments and responses from the public were accepted and considered. There were no agencies or organization types that were intentionally not consulted. For more details see AP-12 Participation. 7. Summary The PY 2023 AAP is the third year of the 2021-2025 Consolidated Plan. The activities funded in this Annual Action Plan address the needs of the community and further builds on the accomplishments of the goals established in the 5-Year Strategic Plan. Collier County's FY 2023 grant allocations are: CDBG: $2,574,633 HOME: $844,948 ESG: $211,534 Annual Action Plan 2023 7 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 737 16.D.3.n PR-05 Lead & Responsible Agencies — 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency CDBG Administrator COLLIER COUNTY Community & Human Services Division HOME Administrator COLLIER COUNTY Community & Human Services Division ESG Administrator COLLIER COUNTY Community & Human Services Division Table 1— Responsible Agencies Narrative The Collier County Community & Human Services Division is the lead agency responsible for the development and administration of the PY 2023 Action Plan, which is the third planning year of the 2021- 2025 Consolidated Plan. The Division administers Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grants (ESG) funds received from the U.S. Department of Housing and Urban Development (HUD), and coordinates execution of projects related to the priorities and goals identified in the Consolidated Plan. Consolidated Plan Public Contact Information Kristi Sonntag, Director Community and Human Services Division 3339 East Tamiami Trail Health and Public Services Building H, Room 213 Naples, Florida 34112 Phone: (239) 252-2486 Fax: (239) 252-2638 Email: Kristi.Sonntag@colliercountyfl.gov Website: http://www.colliergov.net/your-government/divisions-a-e/community-and-human-services Annual Action Plan 2023 0 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 738 16.D.3.n AP-10 Consultation — 91.100, 91.200(b), 91.215(I) 1. Introduction Collier County's PY 2023 AAP is based off the housing and community development needs identified in its 2021-2025 Consolidated Plan, which involved a robust citizen participation and stakeholder consultation process. Collier County conducted significant consultation with citizens, municipal officials, non-profit agencies, public housing agencies, governmental agencies, and the Continuum of Care in preparing this Plan. Further, focus groups and interviews took place with local community stakeholders and online surveys for the community and agencies were conducted to gather feedback to identify priority needs. The Affordable Housing Advisory Committee (AHAC) provided input and feedback during several meetings on current housing and community development conditions, needs, and strategies. For PY 2023, the County continued to be engaged with local stakeholder organizations in preparing this plan. The County held a public meeting and provided technical assistance to solicit input on potential projects for funding to ensure that all potential applicants for its grant funding application process were fully versed in the requirements and expectations forthe funds. All potential applicants helped to describe the needs of the community through their application and at the meetings. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(1)) During the development of the Consolidated Plan, the County sought to encourage a high level of public communication and agency consultation in an effort to demonstrate its commitment to identifying priority needs and engaging the participation of citizens, public agencies, and nonprofit organizations in a positive and collaborative manner. A list of stakeholders and affordable housing providers was developed and included public agencies and private nonprofit organizations whose missions included the provision of affordable housing and human services to low- to moderate -income persons and households. These stakeholders were invited to participate in needs assessment meetings held forthe purpose of developing the Consolidated Plan. The list of stakeholders is included in the Citizen Participation Comments section. The collaboration and consultation of local housing and community service providers helped to form the Strategic Plan of the 5-Year Consolidated Plan. Contracts awarded from HUD funds must address one of the identified needs and the associated goals of the Consolidated Plan. Collier County recognizes the importance of public services for people with mental health and substance abuse needs, and the related importance of coordination between public and assisted housing providers and health, mental health, and service agencies and these organizations are invited to participate in the consultation process as well as apply for housing and community develop grants. Annual Action Plan 2023 E OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 739 16.D.3.n In addition to enhancing coordination through the use of HUD funds, Collier County encourages dialogue and collaboration between housing and service agencies through the Collier County Hunger & Homeless Coalition, which serves as the lead agency for the County's Continuum of Care. The Hunger & Homeless Coalition holds regular meetings in Naples, and members include more than 60 public and private agencies within the region. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. Collier County staff attends bi-monthly meetings with the Hunger & Homeless Coalition of Collier County as well as area service providers to enhance the community's comprehensive Continuum of Care (CoQ system to end homelessness. This dynamic partnership includes collaborative efforts of a variety of community groups, government agencies. The Hunger & Homeless Coalition of Collier County serves as the Lead Agency and has been designated by the CoC as the Collaborative Applicant to apply for the HUD CoC grant on behalf of the CoC. The County enhances coordination of public, private, and nonprofit housing providers, human service agencies, and social service providers through the following actions: • Continues to work with other jurisdictions and the Collier County Housing Authority to prioritize housing needs, provide services, and maximize the use of federal, state, and local funds for affordable housing, community development, and related services. • Continues to participate in coordinated efforts for shelter and services assisting homeless individuals and families. • County staff participates in many of the committees that provide direction for the 10-year plan to end homelessness. • In the ESG program, the County completes the assessment of participants in the Rapid Rehousing and Homeless Prevention programs in coordination with the COC who then provide support and training. Each year, the Coalition leads the local Point -in -Time Count which is a survey of who is homeless on a given night and provides a snapshot of who experiences homelessness throughout the year. This survey is given usually at the end of January, and is supported by participating CoC members, local government units such as Collier County, and volunteers in the community. Much of the day-to-day coordination is through the CoC lead Coordinated Entry (CE). CE is a streamlined system designed to match individuals and families experiencing homelessness or those at -risk of homelessness efficiently and effectively to available housing, shelter, and services. CE prioritizes those who are most in need of assistance and quickly makes referrals to meet their unique needs. This system also helps the Continuum of Care strategically allocate resources and reduces duplication of efforts. CE hubs are located in several locations in Naples and Immokalee as well as online. For more information on Annual Action Plan 2023 10 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 740 16.D.3.n CE or to request for assistance through see, please see the CoC's website: https://colIierhomelesscoaIition.org/coordinated-entry-screening-intake/ Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The Hunger & Homeless Coalition of Collier County serves as the lead agency for the Collier County CoC. Members of the Continuum provided input during stakeholder interviews and in the project selection process. The CoC is responsible for designating a Homeless Management Information System (HMIS) and a Lead Agency responsible for its management and has primary responsibility for ensuring that HMIS is fully funded with appropriate policies and procedures. HMIS is a locally -administered data system used to record and analyze client, service, and housing data for individuals and families who are homeless or at risk of homelessness, and the information system designated by a local CoC to comply with the requirements of the CoC Program interim rule 24 CFR 578. The CoC also works closely Collier County (ESG recipient) to allocate funds and monitor outcomes, and their board member is part of the application selection committee. 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction's consultations with housing, social service agencies and other entities Annual Action Plan 2023 11 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 741 Table 2 — Agencies, groups, organizations who participated 1 Agency/Group/Organization Collier County Housing Authority Agency/Group/Organization Type Housing PHA Services - Housing Service -Fair Housing What section of the Plan was addressed Housing Need Assessment by Consultation? Public Housing Needs Briefly describe how the The County works closely with the Collier County Agency/Group/Organization was Housing Authority to determine the affordable consulted. What are the anticipated housing needs in the County. The housing outcomes of the consultation or areas for authority receives funds to develop and rehab improved coordination? affordable housing units. 2 Agency/Group/Organization Collier County Hunger and Homeless Coalition Agency/Group/Organization Type Services -homeless Continuum of Care What section of the Plan was addressed Homeless Needs - Chronically homeless by Consultation? Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Non -Housing Community Development Needs Briefly describe how the The agency is the local CoC lead and the County is Agency/Group/Organization was engaged with the Coalition to help determine the consulted. What are the anticipated homeless needs in the County. outcomes of the consultation or areas for improved coordination? 3 Agency/Group/Organization Habitat for Humanity of Collier County Agency/Group/Organization Type Housing Neighborhood Organization What section of the Plan was addressed Housing Need Assessment by Consultation? Briefly describe how the The agency is a recipient of grant funds and helped Agency/Group/Organization was to determine the housing and community consulted. What are the anticipated development needs through the application outcomes of the consultation or areas for process. improved coordination? Annual Action Plan 2023 12 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 742 4 Agency/Group/Organization Sunrise Community Southwest Florida Agency/Group/Organization Type Services -Persons with Disabilities Services -Mental Health Services What section of the Plan was addressed Non -Homeless Special Needs by Consultation? Non -Housing Community Development Needs Briefly describe how the The agency is a recipient of grant funds and helped Agency/Group/Organization was to determine the community development needs consulted. What are the anticipated through the application process. This organization outcomes of the consultation or areas for provides a critical service to an overlooked improved coordination? population in the County. 5 Agency/Group/Organization Avow Hospice, Inc. Agency/Group/Organization Type Services - Housing Services -Elderly What section of the Plan was addressed Housing Need Assessment by Consultation? Non -Homeless Special Needs Briefly describe how the The agency helped to determine the community Agency/Group/Organization was development needs through the application consulted. What are the anticipated process. This agency applied for funding. outcomes of the consultation or areas for improved coordination? 6 Agency/Group/Organization The Shelter for Abused Women & Children, Inc Agency/Group/Organization Type Services -Victims of Domestic Violence Services - Victims Publicly Funded Institution/System of Care What section of the Plan was addressed Homeless Needs - Chronically homeless by Consultation? Homeless Needs - Families with children Homelessness Needs - Unaccompanied youth Homelessness Strategy Non -Housing Community Development Needs Briefly describe how the The agency is a recipient of ESG funds, and helped Agency/Group/Organization was to determine the homeless needs in the consulted. What are the anticipated community through the application process outcomes of the consultation or areas for improved coordination? Annual Action Plan 2023 13 v 00 LO N M N ri ti J Q z U_ a Q Q M N 0 N c 0 U a� 0 U c m E t �a r r Q OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 743 7 Agency/Group/Organization Immokalee Fair Housing Alliance Agency/Group/Organization Type Housing Service -Fair Housing What section of the Plan was addressed Housing Need Assessment by Consultation? Briefly describe how the This organization applied for a grant and helped to Agency/Group/Organization was determine the community development needs in consulted. What are the anticipated the County. outcomes of the consultation or areas for improved coordination? 8 Agency/Group/Organization Collier County Bureau of Emergency Services Agency/Group/Organization Type Agency - Managing Flood Prone Areas Agency - Emergency Management Emergency Services What section of the Plan was addressed Non -Homeless Special Needs by Consultation? Emergency Management Briefly describe how the The County Bureau of Emergency Services was Agency/Group/Organization was contacted in regards to the plan. The Bureau consulted. What are the anticipated comprises of all county -managed emergency outcomes of the consultation or areas for services departments. improved coordination? 9 Agency/Group/Organization Collier County Public Library Agency/Group/Organization Type Services - Narrowing the Digital Divide Other government - County What section of the Plan was addressed Non -Homeless Special Needs by Consultation? Community Development Briefly describe how the The Collier County Public Library was contacted in Agency/Group/Organization was regards to the plan. The public library provides consulted. What are the anticipated access to high-speed internet for all residents in outcomes of the consultation or areas for the County and helps to narrow the digital divide improved coordination? for LMI residents. This access to free high-speed internet allows for job searches, school homework for students and other online needs. 10 Agency/Group/Organization PFPI OZ, LLC. Agency/Group/Organization Type Housing Developer Annual Action Plan 2023 14 a IL U m m c c IL c 0 r Q M N u_ v 00 LO N M N C'i ti J Q z ILL Q Q M N 0 N c 0 U 0 U c m E t �a r r Q OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 744 What section of the Plan was addressed Housing Need Assessment by Consultation? Briefly describe how the This organization applied for a grant and helped to Agency/Group/Organization was determine the community development needs in consulted. What are the anticipated the County. outcomes of the consultation or areas for improved coordination? 11 Agency/Group/Organization Naples Therapeutic Riding Center Agency/Group/Organization Type Services -Persons with Disabilities What section of the Plan was addressed Non -Homeless Special Needs by Consultation? Non -Housing Community Development Needs Briefly describe how the This organization applied for a grant and helped to Agency/Group/Organization was determine the community development needs in consulted. What are the anticipated the County. outcomes of the consultation or areas for improved coordination? Identify any Agency Types not consulted and provide rationale for not consulting All entities were considered for consultation. No agency types were intentionally not consulted. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Hunger &Homeless Affordable housing, services, and economic Continuum of Care Coalition of Collier development County 10 Yr. Plan to Prevent Hunger & Homeless The Strategic Plan goals to address homelessness Hunger and End Coalition of Collier align with Continuum of Care goals and strategies. Homelessness County Analysis of Barriers to affordable housing opportunities from Impediments to Fair Collier County the Analysis of Impediments were included in this Housing Choice, 2021 Consolidated Plan. The MHSA, adopted in 2019, coordinates assistance Collier County MHSA Collier County for those with mental health and substance abuse in Strategic Plan 2019 the area. Annual Action Plan 2023 15 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 745 16.D.3.n Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Urban Land Institute The ULI Report defines how the county will expand Advisory Services Collier County affordable housing. Report The County Local Housing Assistance Plan align with the Strategic Plan to meet the needs of LMI Collier County LHAP Collier County households through the expanding production and preservation of affordable housing. The annual report provides details on program Florida Housing Finance Florida Housing accomplishments and activities throughout the year Corporation Annual Finance on rental and homeownership programs. FLHFC is Report Corporation provided an annual report to review development incentives. The SHIP Incentive Strategies Report evaluates the implementation of affordable housing incentives in eleven (11) required areas which are: Expedited Permitting (for housing that is affordable), Modification of Impact Fees, Flexible Densities, SHIP Incentive Reservation of Infrastructure Capacity, Parking and Collier County Strategies Report Setbacks Requirements, Accessory Dwelling Units, Flexible Lot Configurations, Modification of Street Requirements, Process of Ongoing Review ( provisions that could impact housing affordability), Public Land Inventory, and Development Near Transportation. Table 3 — Other local / regional / federal planning efforts Narrative (optional) In accordance with 24 CFR 91.100(4), the County notified adjacent units of local government of the non - housing community development needs included in its Consolidated Plan. The County will continue to interact with public entities at all levels to ensure coordination and cooperation in the implementation of the Consolidated Plan and thereby maximizing the benefits of the County's housing and community development activities for the residents being served. The County Community & Human Services Division also maintains ongoing communication with internal departments and organizations within the County. The Collier County Bureau of Emergency Services comprises of all county -managed emergency services departments and is responsible for the planning of emergency services and responses to natural disasters. The Collier County Public Library is an important provider of services for LMI residents, and also provides access to high-speed internet for all residents in the County and helps to narrow the digital divide for LMI residents. Annual Action Plan 2023 16 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 746 16.D.3.n Coordination with private industry, businesses, developers, and social service agencies included Individual consultations were conducted with affordable housing developers and the social service agencies. The input received during these consultations informed the development of priority needs and recommended strategies. For example, through consultations with developers, it was determined that there remains insufficient access to affordable housing. Likewise, developers have a difficult time finding developable land for affordable housing. The Collier County staff that coordinated the development of the Plan used the Citizen Participation Plan as a guide for consultations. Consultations were conducted with public and nonprofit organizations. There were also several public advisory committees that were consulted. Input received from the consultations informed the Plan. Annual Action Plan 2023 17 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 747 AP-12 Participation — 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal -setting Collier County considers citizen participation a critical component of its planning processes and closely followed the requirements of its Citizen Participation Plan to conduct a robust engagement process during development of this Annual Action Plan (AAP). Collier County residents were offered multiple opportunities, as detailed in the table below, to participate in the development of the AAP. Each meeting was publicly advertised in the Naples Daily News and on the County's website. Included in the citizen participation process was a 30-day public comment period and a public hearing to review and discuss the contents of the plan. All participant comments were welcome and were recorded and considered. Included in Collier County's outreach were technical assistance meetings to be sure any organization interested in applying for HUD grant funds understood the process and expectations going forward. In the meetings, staff reviewed the application process, the County's priorities, eligible activities and projects, national objective achievements, contract development, project implementation phases of the projects, and monitoring parameters. Grant TA Meetings were held between January 23, 2023 to January 27, 2023. Citizen outreach efforts are provided below for the development of the PY 2023 AAP: A public hearing was held on Thursday, June 1, 2023, from 9:00 a.m. to 11:00 a.m. at Community and Human Services offices at 3339 E. Tamiami Trail, Building H, Suite 211, Naples FL 34112. A public comment period began on May 18, 2023, through June 17, 2023, regarding the 2023 Annual Action Plan. Details of the comment period are provided in the table below. A final public hearing was held on July 11, 2023 at a regularly held Board of County Commissioners meeting to review and discuss the draft AAP. Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) IN Packet Pg. 748 Citizen Participation Outreach Sort Mode of Target of Outreach Summary of Summary of Summary of URL Order Outreach response/attendance comments received comments not accepted and reasons Non-targeted/broad community Grant TA HUD Grant Grant TA Meetings were held between January 23, 1 N/A N/A N/A Meetings Applicants; Housing 2023 to January 27, 2023 and Service Providers The Collier County Community and Human Services Non-targeted/broad Division held a public hearing on January 17, 2023, at community 09:00 a.m.-11:00 a.m. The public hearing was held in Public HUD Grant 2 the Community and Human Services Division's N/A N/A N/A Hearing Applicants; Housing conference room on the third floor of the Health and Service Department Building at 3339 East Tamiami Trail, Providers Naples, FL 34112. A public hearing was held on Thursday, June 2 2023, There were no Public Non-targeted/broad from 9:00 a.m. to 11:00 a.m. at Community and All comments 3 comments made N/A Hearing community Human Services offices at 3339 E. Tamiami Trail, were welcome. from the public. Building H, Suite 213, Naples FL 34112. Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 19 Packet Pg. 749 Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL A public comment period began on May 18, 2023, through June 17, 2023, regarding the 2023 Annual Action Plan. During this period, the draft AAP was available for review in all County public libraries, at the Public Information Desk in the Harmon Turner Building on the Collier County Government Main Campus, in Public the Community & Human Services (CHS) Division office There were no Non-targeted/broad All comments 4 Comment located at 3339 E Tamiami Trail, Building H, Suite 213, comments made N/A community were welcome. Period Naples FL 34112, and the Collier County web site at from the public. www.colliercountyfl.gov. The document is available in a format accessible to persons with disabilities upon request. All comments (received through the CHS office, either written, by telephone, via email, regular mail or in person) from citizens are considered in preparing the final PY 2023 AAP. Non-targeted/broad community A public hearing was held on July 11, 2023 at a A summary of Public Collier County Board regularly held Board of County Commissioners meeting comments will be All comments 5 N/A Hearing of County to review and discuss the draft AAP. The BCC will take included after the are welcome. Commissioners action to approve. public hearing. (BCC) Table 4 — Citizen Participation Outreach Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 20 Packet Pg. 750 Expected Resources AP-15 Expected Resources — 91.220(c)(1,2) Introduction New entitlement grant resources totaling $3,631,115 area nticipated for the PY 2023 to meet underserved needs, foster decent affordable housing, develop institutional structure, and enhance coordination between public and private housing and social service agencies. Along with the County's PY 2023 annual CDBG, HOME, and ESG allocations, this figure includes $595,962 and $812 in prior year CDBG and HOME funds, respectively, that will be reprogrammed for use this year. Additionally, this figure includes an estimated $29,000 in CDBG and $31,571.43 in HOME program income. The balance of prior year CDBG and HOME resources are from other projects and activities completed under budget. This PY 2023 AAP is the third year of the Consolidated Plan planning period. On February 28, 2023, HUD released allocations and the County expects the remainder of the Consolidated Planning period CDBG, HOME and ESG allocation funds to remain approximately the same. Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 21 Packet Pg. 751 Anticipated Resources Program Source Uses of Funds Expected Amount Available Year 1 Expected Narrative Description Annual Program Prior Year Total: of Amount Funds Allocation: Income: $ Resources: $ Available $ $ Remainder of ConPlan CDBG public Acquisition The CDBG program does not require a - Admin and match from non-federal sources however, federal Planning the program provides a portion of the Economic funding needed for the activities to be Development undertaken and will leverage resources Housing from other sources including private, state, Public and local funds. The expected amount Improvements available for the remainder of the ConPlan Public Services is 2x more years of the expected grant 2,574,633 29,000 595,962 3,199,595 5,207,266 allocation and program income. HOME public Acquisition The HOME program will leverage additional - Homebuyer resources from private, state, and local federal assistance funds in fulfillment of the program's Homeowner rehab requirement for a 25% matching Multifamily rental contribution from non-federal sources. The new construction expected amount available for the Multifamily rental remainder of the ConPlan is 2x more years rehab of the expected grant allocation and New construction program income. for ownership TBRA 844,948 31,571 812 877,331 1,753,038 Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 22 Packet Pg. 752 Program Source of Uses of Funds Expected Amount Available Year 1 Expected Amount Narrative Description Annual Program Prior Year Total: Funds Allocation: Income: $ Resources: $ Available $ $ Remainder of ConPlan ESG public Conversion and The ESG program requires a 100% matching - rehab for contribution that will come from federal transitional housing subrecipients through cash or non -cash Financial Assistance contributions. The expected amount Overnight shelter available for the remainder of the ConPlan Rapid re -housing is 2x more years of the expected grant (rental assistance) allocation. Homeless Prevention Services Transitional housing 211,534 0 0 211,534 423,068 Table 5 - Expected Resources — Priority Table Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 23 Packet Pg. 753 Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Collier County utilizes federal HUD funds to leverage a combination of public and private funding to conduct activities identified in this plan. The County will continue to research opportunities to apply for additional funding streams that are consistent with the goals of the Consolidated Plan. Infrastructure improvement projects capitalize on the ongoing revitalization efforts in the Immokalee CRA. These areas were designated by the Collier County Board of Commissioners to boost the local economy and uplift surrounding communities. Additionally, the County works with several nonprofit organizations by granting funding for facility improvements and services. These grant funds are leveraged by private donations and other resources to provide services to clients or residents of Collier County. State Housing Initiatives Partnership (SHIP) funding is a major resource leveraged due to the County's entitlement status as a federal CDBG recipient. The County anticipates it will receive an estimated $4,600,000 in SHIP funds. These funds are provided to eligible local governments to help develop and preserve affordable homeowner and multi -unit housing for LMI residents. The HOME program requires a 25% match of the total amount of funds drawn down during the federal fiscal year. Collier County HOME subrecipients are required to submit a match log that identifies the sources of match funds for each fiscal year. Match funds can be derived from various sources to include: the value of sponsorships from local businesses; waived County fees; donated land or improvements; volunteer hours; donated materials; or by other eligible methods as provided in the HOME regulations. When necessary, the County also uses its SHIP funding to match HOME funds. Historically, match amounts for HOME subrecipients have far exceeded the 25% annual contribution requirements stipulated by HOME program regulations. The ESG program requires a 100% match for the total amount of funds drawn down during the federal fiscal year. Collier County requires all ESG subrecipients to provide a dollar -for -dollar match. Acceptable match can be from calculating the value of volunteer hours, private donations, salary not covered by ESG, other grant funding, in -kind donations, or by other eligible methods as provided in the ESG regulations. The County also provides match support for the ESG program from the general fund. Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 24 Packet Pg. 754 16.D.3.n If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The County has a history of utilizing public property for affordable housing. The County is continually looking at what its inventory for what can be utilized for affordable housing development, as well as land owned by other public agencies, to determine whether certain properties are well suited for affordable housing. Currently one property is under development for low-income affordable housing in the County. The project at the Bembridge (Harmony) property is currently under development with anticipated delivery of available units by late 2023. The Harmony, as it is called by McDowell Housing Partners, LLC, the developer of the project, will provide 82 units of family housing with 100% of the units being rent and income restricted at 80% of the area median income and below. Another parcel of property currently undergoing redevelopment known as the Golden Gate Golf Course project, will feature two phases of housing with a minimum of 350 units of affordable housing. Similar to the project described above, the County will retain ownership of the land and enter into a long-term ground lease with the developer of the property to ensure affordability for 99 years. Commencement of construction for the first phase is currently estimated for 4th Quarter of 2023. The Collier County Board of Commissioners is currently undertaking efforts to identify other county owned land that may be considered for future affordable housing development. This includes a $20 million dollar surtax project for affordable housing, which the County is currently accepting developer applications for affordable housing developments. Annual Action Plan 2023 25 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 755 Annual Goals and Objectives AP-20 Annual Goals and Objectives Goals Summary Information Sort Goal Name Start End Category Geographic Needs Addressed Funding Goal Outcome Indicator Order Year Year Area 1 Support New 2021 2025 Affordable Countywide Housing CDBG: Rental units rehabilitated: 30 Construction, Housing Affordability $1,550,000 Household Housing Units Rehab/Acquisition Rental units acquired: 2 Household Rental Housing Units 2 New Construction, 2021 2025 Affordable Countywide Housing HOME: Direct Financial Assistance to Rehabilitation/Acq Housing Affordability $662,937 Homebuyers: 7 Households Homeownership Assisted 3 CHDO 2021 2025 Affordable Countywide Housing HOME: Rental units constructed: 2 Housing Affordability $126,742 Household Housing Unit 4 Emergency Housing 2021 2025 Homeless Countywide Homelessness & ESG: Homeless Person Overnight and Services for the Homelessness $195,669 Shelter: 300 Persons Assisted Homeless Prevention Tenant -based rental assistance / Rapid Rehousing: 5 Households Assisted 5 Improve Public and 2021 2025 Non -Housing Countywide Public Facilities CDBG: Public Facility or Infrastructure Other Facilities Community $998,869 Activities other than Development (includes Low/Moderate Income Housing unallocated) Benefit: 10,000 Persons Assisted Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 26 Packet Pg. 756 Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 6 Provide Public 2021 2025 Non -Housing Countywide Public Services CDBG: Public service activities other than Services Community $130,000 Low/Moderate Income Housing Development Benefit: 40 Persons Assisted 7 Administration & 2021 2025 Administration Countywide Program CDBG: Other: 3 Other Planning Administration $520,726 and Planning HOME: $87,652 ESG: $15,865 Table 6 — Goals Summary Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) 27 Packet Pg. 757 Goal Descriptions 1 Goal Name Support New Construction, Rehab/Acquisition Rental Goal Description Funds will be used to support new construction, rehabilitation, or acquisition of affordable housing for rental housing. 2 Goal Name New Construction, Rehabilitation/Acq Homeownership Goal Description Funds will be used to support new construction, rehabilitation, direct financial assistance, or acquisition of affordable housing for homeownership. 3 Goal Name CHDO Goal Description Funds will be used to support new construction, rehabilitation, or acquisition of affordable housing for housing developed by a CHDO. 4 Goal Name Emergency Housing and Services for the Homeless Goal Description Funds will be used to provide emergency shelter services and permanent housing for homeless and at risk of homeless persons. 5 Goal Name Improve Public and Other Facilities Goal Description Funds will be used to improve public facilities in low-income areas and include improvements to neighborhood facilities, community centers, and parks/recreational facilities. 6 Goal Name Provide Public Services Goal Description Funds will be used to provide services to low-income persons and special needs groups such as persons with a disability. These activities will target populations with high needs. 7 Goal Name Administration & Planning Goal Description Administration and Planning for the CDBG, HOME and ESG Programs Annual Action Plan 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) W Packet Pg. 758 16.D.3.n Projects AP-35 Projects — 91.220(d) Introduction For PY 2023, Collier County will fund a total of 8 projects under the CDBG, HOME, and ESG programs, identified below with additional details provided in Section AP-38. CDBG projects include public services, public facility, and public infrastructure improvements. CDBG has a grant cap of 20% for administration and 15% for public services. Under the HOME program, the County will fund housing construction, CHDO operations, acquisition, home buyer and/or rehabilitation of affordable housing and a tenant -based rental assistance program. HOME has a grant cap of 10% for administration and 15% reserved for CHDO activities. ESG activities include emergency shelter operations support, rapid re -housing, HMIS system support, and administration which has a grant cap of 7.5%. Projects # Project Name 1 CDBG: Administration & Planning 2 CDBG: Public Services 3 CDBG: Rental Acquisition 4 CDBG: Rental Rehab 5 CDBG: Public Facilities & Infrastructure 6 HOME: Administration & Planning 7 HOME: CHDO Set -Aside 15% 8 HOME: Non-CHDO Housing Development 9 ESG23 Collier County Homeless Programs Table 7 - Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs The County has pursued a variety of strategies to impact the identified needs of the community. The primary obstacle to meeting the underserved needs is the lack of sufficient financial resources. Annually several proposals may be unfunded or receive only partial funding due to lack of available resources. Allocation priorities for the PY 2023 Action Plan are consistent with those outlined in the Strategic Plan portion of the County's 2021-2025 Consolidated Plan. The priorities were identified through a review of market conditions as well as a needs assessment that analyzed affordable housing, special need housing, homeless, and non -housing community development needs in Collier County. Substantial participation by Annual Action Plan 2023 29 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 759 16.D.3.n residents, local and regional organizations, and other stakeholders also informed these priorities The Needs Assessment conducted as part of the Consolidated Planning process identified affordable owner and rental housing as a top need in Collier County as cost burden was the primary housing problem. Housing affordability was also the most common issue identified by interviewees and community meeting participants throughout the county, including in Naples and Immokalee. Further, according to Comprehensive Housing Affordability Strategy (CHAS) data, about 19% of all households in the county spend more than 30% of their income on housing. For LMI households, about 75% of renters and 65% of owners spend over 30% of income on housing. The County made its funding decisions for this AAP based on need, geographic priorities, and opportunities to work with subrecipients and other partners that contribute additional resources to leverage federal funds. As mentioned above, the primary obstacle to addressing underserved needs is the shortage of financial resources to address Collier County's priorities. In the event of natural disasters, pandemics, and other worldwide crisis events (natural or manmade), the County may substantially amend the projects in this Plan to meet the immediate needs of the community. It is the responsibility of the County to plan ahead and be disaster prepared. For example, in the event of hurricanes the County may reprioritize from normal activities to focus on infrastructure and facilities improvements, or increase public services, where allowable, in the case of a pandemic or other natural disaster. Under the State SHIP program, the County has an existing Disaster Assistance Strategy that goes into effect when a disaster declaration has been declared by the President or the Governor. Collier County will also take advantage of federal waivers that may be issued in the event of declared disasters. Annual Action Plan 2023 30 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 760 16.D.3.n AP-38 Project Summary Project Summary Information 1 Project Name CDBG: Administration & Planning Target Area Countywide Goals Supported Administration & Planning New Construction, Rehab/Acquisition Rental Improve Public and Other Facilities Provide Public Services Needs Addressed Housing Affordability Public Facilities Public Infrastructure Improvements Public Services Program Administration and Planning Funding CDBG: $520,726 Description The Collier County Division of Community and Human Services will provide management and oversight of the CDBG program, conduct fair housing activities, and perform all allowable and eligible administrative activities. The County will also take part in planning for disaster preparedness in the case of natural disasters, pandemics, and other crisis events. Target Date 9/30/2024 Estimate the number N/A and type of families that will benefit from the proposed activities Location Description Countywide Planned Activities CDBG Program Administration (21A) 2 Project Name CDBG: Public Services Target Area Countywide Goals Supported Provide Public Services Needs Addressed Public Services Funding CDBG: $130,000 Description The County will provide funding for public services that benefit LMI persons and special needs groups. Annual Action Plan 2023 31 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 761 Target Date 9/30/2024 Estimate the number Public service activities for Low/Moderate Income : 40 Persons Assisted and type of families that will benefit from the proposed activities Location Description Countywide, eligible Planned Activities Planned public service activities include: Sunrise Community Southwest Florida (0513): $130,000 3 Project Name CDBG: Rental Acquisition Target Area Countywide Goals Supported New Construction, Rehab/Acquisition Rental Needs Addressed Housing Affordability Funding CDBG: $1,000,000 Description The County will fund the acquisition of affordable multi -family housing units for the Collier County Housing Authority. Target Date 9/30/2024 Estimate the number Rental units acquired: 2 Household Housing Unit and type of families that will benefit from the proposed activities Location Description Countywide Planned Activities Planned public service activities include: Collier County Housing Authority, Acquisition of affordable rental housing units (01): $1,000,000 4 Project Name CDBG: Rental Rehab Target Area Countywide Goals Supported New Construction, Rehab/Acquisition Rental Needs Addressed Housing Affordability Funding CDBG: $550,000 Description The County will provide funding to assist the Collier County Housing Authority with multi -family housing rehabilitation. Specific rehab activities to be made are HVAC improvements. Target Date 9/30/2024 Annual Action Plan 2023 32 ii a U d m c c a c 0 r Q M N u_ v 00 LO M N M ti J ILL z a Q Q M N 0 N c 0 U (D 0 U c m E t �a r r Q OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 762 Estimate the number Rental units rehabilitated: 30 Household Housing Unit and type of families that will benefit from the proposed activities Location Description Countywide Planned Activities Planned public service activities include: Collier County Housing Authority, HVAC installation (14C): $550,000 5 Project Name CDBG: Public Facilities & Infrastructure Target Area Countywide Goals Supported Improve Public and Other Facilities Needs Addressed Public Facilities Funding CDBG: $998,869 Description The County will provide funding to improve public facilities that serve low- and moderate -income persons and the special needs population in low/mod areas. Target Date 9/30/2024 Estimate the number Public Facility Activities: 10,000 Persons Assisted and type of families that will benefit from the proposed activities Location Description Countywide, low/mod areas Planned Activities Planned activities include: Public Improvements - funding will be allocated towards eligible projects such as improvements to neighborhood facilities (03E): $574,962 Unallocated: $423,907 6 Project Name HOME: Administration & Planning Target Area Countywide Goals Supported Administration & Planning New Construction, Rehabilitation/Acq Homeownership Needs Addressed Program Administration and Planning Housing Affordability Funding HOME: $87,652 Annual Action Plan 2023 33 a a U m m c c a c 0 r Q M N u_ v 00 LO N M N M ti J ILL Z a Q Q M N O N c 0 U 0 U c m E t �a r r Q OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 763 Description The Collier County Community and Human Services Division will provide management and oversight of the HOME Program. This will include all eligible and allowable admin activities. Target Date 9/30/2024 Estimate the number and type of families that will benefit from the proposed activities N/A Location Description Countywide Planned Activities HOME Program Administration 7 Project Name HOME: CHDO Set -Aside 1S% Target Area Countywide Goals Supported CHDO Needs Addressed Housing Affordability Funding HOME: $126,742 Description The county will support CHDO housing development activities. Target Date 9/30/2024 Estimate the number and type of families that will benefit from the proposed activities Rental units constructed: TBD Location Description Countywide Planned Activities CHDO affordable housing development activities: $126,742 8 Project Name HOME: Non-CHDO Housing Development Target Area Countywide Goals Supported New Construction, Rehabilitation/Acq Homeownership Needs Addressed Housing Affordability Funding HOME: $662,937 Description The County will fund non-CHDO housing development activities that will benefit low- to moderate -income households. This will include new affordable housing development and down -payment assistance for eligible homebuyers. Target Date 9/30/2024 Annual Action Plan 2023 34 v 00 LO N M N M ti J Q z U_ a Q Q M N O N c 0 U a� 0 U c m E t �a r r Q OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 764 Estimate the number Homeowner Housing Added: TBD Household Housing Unit and type of families Direct Financial Assistance to Homebuyers: 7 Households Assisted that will benefit from the proposed activities Location Description Countywide, eligible. Planned Activities Planned activities include: Non-CHDO HOME affordable housing development activities: $662,937 9 Project Name ESG23 Collier County Homeless Programs Target Area Countywide Goals Supported Administration & Planning Services for the Homeless: Rapid Rehousing and Homeless Prevention and Case Management Shelter Operations HMIS Support Needs Addressed Homelessness & Homelessness Prevention Program Administration and Planning Funding ESG: $211,534 Description The County will fund activities that support shelter operations and services for victims of domestic violence and homeless youth, support HMIS data collection with the CoC, and provide rapid re -housing for homeless households or those at risk of homelessness, including medium -term rental assistance, security and utility deposits, and rental application fees. Costs include all allowable/eligible activities for admin. ESG administration has a grant cap 7.5%. Target Date 9/30/2024 Estimate the number Homeless Person Overnight Shelter: 300 Persons Assisted and type of families Rapid Rehousing and Homeless Prevention: 5 Households Assisted that will benefit from the proposed activities Location Description Countywide Annual Action Plan 2023 35 v 00 LO N M N ri ti J Q z ILL Q Q M N O N C 0 U a� 0 U c m E t �a r r Q OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 765 16.D.3.n Planned Activities I Planned activities include: ESG Admin (7.5%): $15,865 The Shelter for Women & Children, Emergency Shelter Operations, 300 persons assisted Collier County Homeless Prevention (RRH) and Homeless Prevention: $26,584 Annual Action Plan 2023 36 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 766 16.D.3.n AP-50 Geographic Distribution — 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed Collier County is an urban county that relies on widely accepted data such as American Community Survey (ACS), HUD low and moderate -income summary data (LMISD), and Federal Financial Institutions Examinations Council (FFIEC) data to determine areas throughout the community with concentrations of low and moderate -income communities. Program resources are allocated County -wide based on low -mod areas which often coincide with areas of minority concentration. Over the next year, the County intends to utilize CDBG, HOME, and ESG funds in unincorporated parts of the County and the City of Naples. Marco Island, an incorporated city within the County, opted out of participation in 2012. Geographic Distribution Target Area Percentage of Funds Countywide 100 Table 8 - Geographic Distribution Rationale for the priorities for allocating investments geographically Collier County targets resources in low -moderate income census block groups to meet regulatory requirements for CDBG grant funds and to target areas with the highest level of needs. Maps provided in the 2021-2025 Consolidated Plan show Collier County block groups where 51% or more of the population have incomes at or below 80% of the area median income. These areas are considered "target areas" for use of HUD grant funds for area improvements, such as public infrastructure or facility improvements. To determine these block groups the County will use HUD CDBG Low Mod Income Summary Data (LMISD), which has redefined the eligible tracts within the jurisdiction. The identified block group tracts within the County that are considered low -moderate income can be found on the HUD Exchange website at: https://www.hudexchange.info/programs/acs-low-mod-summary-data/ HUD funds may also be spent outside of these targeted areas, as long as they provide services, affordable housing, or other benefits directly for low- and moderate -income households or special needs populations. The 2017 Tax Cut and Jobs Act established the Opportunity Zone program. Opportunity zones are low- income census tracts nominated by the Governor of the state to spur private investment for economic development and job creation in the designated tracts. Collier County has five census tracts that are certified by the State as Opportunity Zones (census tracts 104.11, 108.02, 112.05, 113.01, and 114). HUD encouraged grantees to consider using their CDBG, HOME, and ESG funds for eligible activities in Opportunity Zones in CPD-19-01: Guidance on Submitting Consolidated Plans and Annual Action Plans. The County's Opportunity Zones overlap with census tracts within two of the CDBG target areas. The Annual Action Plan 2023 37 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 767 16.D.3.n County anticipates funding public facility projects in these census tract target areas throughout the five year Consolidated Planning period. As the Opportunity Zone program regulations are finalized, the County will explore how the CPD funds can be used to leverage Opportunity Zone funding to these areas. Discussion N/A Annual Action Plan 2023 m OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 768 16.D.3.n Affordable Housing AP-55 Affordable Housing — 91.220(g) Introduction The need for affordable rental and homeownership housing was a common theme heard during the Consolidated Plan development process. The greatest need is among renters with very low incomes, large families, immigrant families, and residents with disabilities. Housing for people who are homeless and homelessness prevention was also identified as a priority need. To address these needs, the County will use CDBG and HOME funds to support new affordable units through acquisition, home ownership opportunities and provide rental development and rehab activities. ESG funds will support homeless or at -risk of homeless households with rental assistance. Goals for the number of households to be supported in PY 2023 are provided below. Please note these are goal estimates. One Year Goals for the Number of Households to be Supported Homeless 5 Non -Homeless 37 Special -Needs 0 Total 42 Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 5 The Production of New Units 7 Rehab of Existing Units 30 Acquisition of Existing Units 0 Total 42 Table 10 - One Year Goals for Affordable Housing by Support Type Discussion During PY 2023, the County anticipates supporting a total of 42 households, including: Direct Financial Assistance to Homebuyers: 7 Households Assisted Homeowner Housing Added: TBD Household Housing Unit (Not included in the table above) Rental units rehabilitated: 30 Household Housing Unit Annual Action Plan 2023 39 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 769 16.D.3.n Rental units constructed (CHDO): TBD Household Housing Unit (Not included in the table above) ESG Rapid Rehousing and Homeless Prevention: 5 Households Assisted Though the County has not recently funded affordable housing for special needs population using CDBG and HOME, it is anticipated that the funds expended through the County's housing programs will benefit persons with special needs because there is often an overlap between the population needing affordable housing and those who are special needs. Annual Action Plan 2023 40 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 770 16.D.3.n AP-60 Public Housing — 91.220(h) Introduction The Collier County Housing Authority (CCHA) is an independent authority established under state law and is separate from the general control of the County. The mission of the CCHA is to offer a choice of decent, safe, and diverse affordable housing, with opportunities for low-income households to achieve economic independence in living environments free from discrimination. The CCHA operates no HUD -funded public housing units and is not required by a Section 504 Voluntary Compliance Agreement to increase the number of accessible units. The CCHA manages Section 8 Housing Choice Vouchers, the low-income and farm labor housing at Farm Worker Village, farm labor housing at Collier Village, a 192-bed dormitory called Horizon Village, and some scattered site housing. Farm Worker Village is a multi -family low-income and farm labor housing development in Immokalee built under the USDA 514/516 Program. The development includes 176 total acres with 591 housing units, ranging from single-family homes to duplexes and quadraplexes. Farm Worker Village has a main office, convenience store, laundromat, community center, playground, and two daycare centers. Horizon Village offers 192 beds for unaccompanied migrants and seasonal farmworkers in dormitory -style efficiency units, each with space for eight people, a common kitchen area with appliances, and two bathrooms. A meeting room is available to provide social and educational programs. The CCHA also administers approximately 440 Section 8 Housing Choice Vouchers. Actions planned during the next year to address the needs to public housing The CCHA has been awarded CDBG funds through the Collier County Community and Human Services Division to acquire multi -family units in the Naples area to rent to low-income families at affordable rent - rates and to install HVAC systems in Farm Workers Village. By acquiring housing units that can be rented to low-income households, CCHA will be able to address the housing needs of extremely low, very low, low and moderate -income households. The Rental Acquisition Program seeks to further the goal of the 20/20 Vision: A Clear View of Housing for All Members of Collier County, to build on the recommendations of the Emergent Community Solutions study, and fill a community need by providing affordable housing opportunities and connecting clients with supportive services to help improve and stabilize their lives. Other organizations in Collier County offer temporary rental assistance, but it is typically limited to one to three months. For a person or household in crisis who have lost their home or are in danger of losing it, three months of assistance is typically not sufficient to help them get back on track and get their living situation stabilized. Rather, long term help is needed along with connections to other agencies to address other situations such as health problems, mental health, Annual Action Plan 2023 41 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 771 unemployment, etc. The Farmworker Village project will provide HVAC to 30 units. The installation of efficient HVAC systems in the FWV housing units will not only improve the comfort of the families that currently reside in the units, but it will also extend the property's service life to meet the needs of low-income households that cannot otherwise qualify or have the financial means to live in market rate properties. The Housing Authority proposes to address these issues to ensure that these affordable housing units can maintain a vital role in the community for decades to come. Actions to encourage public housing residents to become more involved in management and participate in homeownership The CCHA sponsors and supports self-sufficiency programs focused at helping their residents improve their economic situation and quality of life. The programs, Resident Opportunities and Self -Sufficiency (ROSS) and Family Self -Sufficiency (FSS), are voluntary self-sufficiency programs that provide participating families the opportunity to identify needs, improve skill sets, and work towards life goals, economic independence, and housing self-sufficiency programs provide families with: • A plan specifically tailored to their family or individual goals including the goal for homeownership. • A link to community organizations geared towards education, job training and placement programs, computer and financial literacy, and increased self-sufficiency. • An advocate and supporter to help residents work through barriers preventing self-sufficiency. The CCHA has a Section 8 Advisory Board. Interested voucher holders are encouraged to join, which gives them a formal opportunity to offer input on the voucher program to CCHA. The Board reviews CCHA's PHA plans and the agency's progress toward its goals. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance The Collier County Housing Authority is not designated as troubled and is considered a high performer Annual Action Plan 2023 42 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 772 16.D.3.n AP-65 Homeless and Other Special Needs Activities — 91.220(i) Introduction Collier County has identified increasing housing options for residents who are homeless and at risk of homelessness as a strategic priority. Long-term objectives include supporting emergency housing and supportive services, and the implementation of a coordinated entry system. Collier County will utilize ESG funding for Emergency Shelter, Homelessness Prevention, Rapid Re -Housing, HMIS administration, and ESG program administration. Funding for these programs is intended to benefit homeless persons and those at risk of homelessness. Projects selected for funding are designed to help shorten the period the client experiences homelessness, improve their ability to secure stable housing, and prevent recurrent homeless episodes. Programs are designed to connect clients with the services necessary and rapidly to ensure they move from emergency shelter to transitional or permanent housing. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs Collier County participates in and works closely with the Hunger and Homeless Coalition (HHC), the lead agency of the Continuum of Care (CoC). A primary means by which the County reaches out to homeless persons, identifies individual needs, and understands the landscape of homelessness in the region, is through efficient data collection and analysis through the HMIS system. ESG funds support HMIS data operations and ensure accurate tracking and reporting of the homeless population in Collier County. Collier County funds subrecipients that administer homelessness projects under the ESG program. They work to build trusting relationships with homeless persons living on the streets and in shelters as well as at -risk populations to remain stably housed. The subrecipients perform assessments for homeless persons and those at risk of homelessness to link them to shelter and other supportive services that are appropriate to meet their needs. All subrecipients funded through Collier County ESG will participate in coordinated entry. These organizations provide emergency shelter, rental and utility assistance, food and clothing, and other homeless services to individuals, families with children, veterans, unaccompanied youth, and including persons with HIV. Collier County also participates in the Hunger & Homeless Coalition's annual Point -in -Time (PIT) Count Survey. The PIT is a snapshot of the homeless population on any given night, typically in the last week of January each year. The survey results help to show the current state of homelessness in the County and identifies which homeless subgroups (chronic, veterans, unaccompanied youth etc.) are in need of assistance. The County also funds the Hunger & Homeless Coalition for HMIS activities, which will ultimately help the CoC better assess the needs of homeless persons in Collier County through efficient Annual Action Plan 2023 43 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 773 16.D.3.n data collection. Addressing the emergency shelter and transitional housing needs of homeless persons Collier County currently awards its ESG entitlement funds to subrecipients for the operation of emergency shelters, financial assistance through rapid re -housing to become stably housed, and homeless prevention programs to serve individuals and families avoid homelessness. Some emergency shelters and homeless prevention programs are designed to focus their services to the needs of specific populations such as families, victims of domestic violence, human trafficking victims, persons being evicted, and persons with severe mental health disorders or substance abuse histories. The County will provide ESG funding to the Shelter for Abused Women & Children to support operations of the Shelter's emergency shelter and outreach services in Naples. The Shelter's 60-bed emergency shelter addresses Collier County's priority to serve homeless individuals. The Shelter seeks to address this need in the community by providing emergency shelter that is available day and night, 365 days per year for homeless victims of domestic violence and human trafficking. In addition to its emergency shelter in Naples, The Shelter offers vital services that are free of charge to assist survivors in becoming safe and independent including wrap -around outreach services and educational programs. As the only state certified domestic violence center in Collier County, The Shelter offers unduplicated services that are not offered by any other agency in the community. These services are vital to helping survivors attain immediate safety from their abusers. Achieving immediate safety is the first step to moving forward and achieving independence, which eventually benefits the entire community. In response to the HEARTH Act and 24 CFR part 576, Collier County, in collaboration with its subrecipients is working to prevent homelessness by helping families remain within their communities and retain their current permanent housing or diverting people to permanent housing solutions. The first step in this process was to streamline the intake of homeless families seeking emergency shelter. The improved coordination has resulted in more families being diverted away from homelessness and more families exiting homelessness and being rapidly re -housed in permanent housing. Other than the funds available through this process, emergency shelter and transitional housing needs may be addressed through grant funding opportunities, such as the competitive Continuum of Care process, or through other state or local funding streams. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again Collier County will continue to administer the ESG grant funds and oversee activities that benefit homeless Annual Action Plan 2023 44 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 774 16.D.3.n individuals and families make the transition from homelessness to permanent housing and an independent living situation. To address this, the County will support rapid re -housing activities that will house individuals and families quickly and provide a stable environment for them to be able to pursue employment and stable education for families with children. SHIP funds also help to increase the supply of affordable housing through activities such as housing rehab, rental assistance, and homebuyer assistance. Increasing the affordable housing stock in Collier County will help to provide permanent housing for homeless individuals and families seeking stable housing. The County coordinates with the Collier County Veteran's Service Division to provide services to Veterans to assist them in accessing benefits from the Veteran's Administration Department. Local Veterans Affairs Supportive Housing (VASH) vouchers are provided through a regional partnership with the Housing Authority of the City of Fort Myers. The VASH program combines HUD's Housing Choice Voucher (HCV) rental assistance for homeless Veterans with case management and clinical services provided by the Department of Veterans Affairs. Collier County currently has several Veterans receiving rental assistance which helps their homes remain affordable and prevents homelessness. The County's Social Services/Seniors Section continues to provide prescription and medical assistance and referral services for citizens and seniors. Assistance helps reduce monthly expenditures making housing costs more affordable for individuals and seniors on fixed incomes and helping to reduce homelessness. Collier County encourages collaboration with organizations to transition as many people as possible into permanent housing as quickly as possible. Some families or individuals may require only limited assistance for a short period of time, such as emergency food and shelter -- until a first paycheck is received or a medical emergency has passed. Others, however, require more comprehensive and long-term assistance, such as transitional housing with supportive services and job training. Due to limited resources, it is important for agencies to eliminate duplication of effort by local agencies, both in intake and assessment procedures, and in subsequent housing and supportive services. The Homeless Management Information System (HMIS) is continuously improved with common intake forms, shared data, effective assessment instruments and procedures, and on -going coordination of assistance among community organizations. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. Collier County and the Hunger & Homeless Coalition recognize the need to support individuals and families avoid becoming homeless, especially those who are being discharged from publicly funded institutions and systems of care. Helping these individuals and families leaving these systems of care with housing support and prevention services immediately will help to end chronic homelessness. Annual Action Plan 2023 45 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 775 16.D.3.n ESG funds will be allocated to the Shelter for Abused Women and Children for operating costs of the homeless domestic violence shelters to assist adults and children fleeing from domestic violence. A variety of services are offered including the Children's Protection Investigations Program, the Community Education Program, Collier County Jail Group, youth services and Rapid Rehousing. More details on these programs and others offered by the agency, can be found on their website at: https://naplesshelter.org/programs/. The Collier County Sheriff's Office offers reintegration services through the Collier County Jail. Reintegration Specialists meet with inmates one-on-one to ask them a series of questions to help assess their needs properly. During this interaction, staff get a detailed look at what the inmate's basic needs are and can assist them in meeting those needs by linking them with community partners. This ensures they have the best chance of success after release. Inmates can also be referred to some of the Inmate Programs that might fit their immediate needs while in jail. In addition to the one-on-one assistance, the Collier County Jail also has self-help programs on its Mobile Kiosks that assist inmates in areas of education, recovery, life skills and faith -based material. Annual Action Plan 2023 46 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 776 16.D.3.n AP-75 Barriers to affordable housing — 91.220(j) Introduction: The inventory of affordable housing in Collier County is not sufficient to meet the demand for affordable units. One of the primary challenges to creating and preserving affordable housing in Collier County is that household income is failing to keep up with rising housing costs. The local economy is focused on retail, hospitality, services, and agriculture; however, high housing costs have priced out much of the workforce needed for the county to function. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment Collier County faces a burgeoning issue in trying to identify, quantify and qualify new and existing affordable housing units. With a wider range of housing options, Collier County would be better equipped to tackle the affordable housing problem. The effort requires comprehensive strategies and a variety of tools that can be used alone or in combination to reduce costs and increase availability. During this consolidated plan period, Collier County will continue to Review and Revise the Land Development Code which, if done well will make it easier to implement necessary changes to encourage housing affordability. The current Land Development Code (LDC) does not consistently support and encourage growth in already existing urbanized areas of the county (those areas generally west of Collier Parkway). Many of the LDC's ordinances are geared toward large-scale, planned -unit developments (PUDs) on greenfield sites. Conversely, smaller -scale redevelopment and infill sites in already developed areas of the County are challenging to consolidate, may need to address adjacent uses and neighborhood concerns, and often require additional density to make them financially feasible. Collier County may also consider reducing parking standards to achieve affordability, permitting guest houses as accessory dwelling rental unit, encouraging smart -site infrastructure, and identify strategic opportunity sites. Annual Action Plan 2023 47 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 777 16.D.3.n AP-85 Other Actions — 91.220(k) Introduction: In addition to the programs and activities described in the prior sections of this plan, the County and its subrecipients intend to undertake a number of other actions to address housing and community development needs in Collier County. These other actions include plans to address the obstacles in meeting underserved needs; efforts to foster and maintain affordable housing; efforts to reduce the hazards of lead -based paint in housing; efforts to reduce the number of poverty -level households; and improvements to the institutional delivery structure to address any gaps or weaknesses identified in the plan. Actions planned to address obstacles to meeting underserved needs The Collier County Community and Human Services Division provides the following services through its Social Services Program: Medication: This service provides assistance with medications prescribed by a physician to individuals at 150% poverty level or below, and assistance for elders and individuals considered disabled on Social Security who are 150% poverty level and below. Nutrition Services: this service provides both home delivered and congregate meal services. The County operates 4 meal sites and has placed them strategically in LMI areas and conveniently located on transit lines to allow ease of access. In PY 23 Collier County will be moving one of its locations into a low income senior rental housing complex to increase access to healthy nutrition for low-income seniors. Temporary Shelter Assistance: This service provides short-term rental assistance for individuals with no income, who are temporarily disabled, where eviction is imminent and have been denied services from other Collier County agencies. Nursing Home / Hospital Care: Mandated by Florida Statute, this service provides payment for Collier County residents living in skilled nursing homes who are Medicaid recipients as determined by the Department of Children and Families. The payment is $55 per month. In addition, this service provides payment for Collier County citizens who receive Medicaid benefits and who are hospitalized. This service pays 35% of the per diem rate for the 11th through 45th days of the individual's stay. Health Care Responsibility Act (HCRA): Mandated by Florida statute, this service provides for payment to hospitals where indigent residents of Collier County who are treated at another hospital in the state. The treating hospital must apply for assistance to determine eligibility. Burial and Cremation: Mandated by Florida Statute this service is provided to deceased Collier County residents who have no other resources to pay for arrangements. This service includes burial at Lake Annual Action Plan 2023 m OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 778 16.D.3.n Trafford Cemetery. Child Protection Services: Mandated, by Florida Statute, this service provides payment for the initial examination of children who have been abused or where abuse is suspected. This service is provided by a contract with the Child Protection Team. Collier County will collaborate with community leaders, stakeholders, and local nonprofit agencies to help remove obstacles to better meet the needs of the underserved population and improve service delivery. Through a coordinated effort with a variety of service providers, the County will be better able to identify needs and reduce any gaps in services. The County relies on nonprofit agencies to provide social services, disseminate news and information, and spearhead community -wide solutions to local needs. Collier County will also support the expansion of HMIS technology beyond homeless service providers as a way to link the various categories of services provided by our partner nonprofit organizations and standardize performance measures. The County will also review and analyze the work of its various departments and divisions to find opportunities for collaboration between similar programs. Program staff will also ensure that all fair housing education materials are current and compliant with the Affirmatively Furthering Fair Housing Final Rule. As limited funding is also an obstacle to meeting underserved needs, the County is continually looking for additional funding to address these needs. The County has ongoing State SHIP funds to address affordable housing, and has received Criminal Justice, Mental Health, and Substance Abuse grants from the State and Drug Court funding from the Department of Justice. In PY 2023, CHS staff will continue exploring new grant opportunities using grants.gov and other sources and develop partnerships with local agencies as needed to make grant applications. Actions planned to foster and maintain affordable housing Collier County will actively work to address the need for more decent and affordable housing by continuing to prioritize the investment of funds into all its housing programs. In the interest of developing and preserving affordable housing, the County will continue to support the use of HOME program funds for activities such as: down -payment assistance, land acquisition, and single/multifamily acquisitions and rehabilitation. To promote fair housing choice, the County will encourage and support fair housing rights for all and provide program funds to conduct outreach and education regarding the Fair Housing Law act of 1968. Actions planned to reduce lead -based paint hazards Collier County will continue to implement countermeasures to reduce lead -based paint hazards by abating or removing lead -based paint hazards found in existing housing built prior to 1978. Individuals who reside Annual Action Plan 2023 49 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 779 16.D.3.n in properties built prior to 1978 and receive assistance through CDBG, ESG, or HOME grant programs are required to be inspected for lead -based paint hazards. These inspections are completed by a HUD Certified Inspector in accordance with HUD and Environmental Protection Agency (EPA) guidelines. Collier County also educates the public on the hazards of lead -based paint and how to protect children and the elderly. In response to lead -based paint hazards and the limited resources available, the County has planned a steady, long-term response in accordance with Federal lead -based paint standards, other applicable federal regulations, and local property standards. Policies and procedures for abatement of lead hazards have been established in Collier County, which include determining cost effectiveness for abatement and procedures for assessing, contracting, and inspecting post -abatement work. The policies and procedures also include preparing work write-ups and costs estimates for all income eligible persons in Collier County with identified lead -based paint hazards. The County's health department is the lead agency responsible for conducting lead screenings and identifying properties in need of rehabilitation to reduce exposure to lead -based paint. The County will continue to comply with Federal regulations related to lead -based paint, including in CCHA units. Much of Collier County's housing stock was built between the 1980s and 2000s, and there are very few properties with lead -based paint, however the County will ensure the age of structures when assistance is provided and take any actions needed in cases where lead -based paint hazards may be present. Actions planned to reduce the number of poverty -level families Collier County will continue to increase its efforts to implement anti -poverty strategies for the citizens of Collier. The activities developed in this AAP work directly to reduce the number of poverty level families in the County. The County will strive to increase its efforts in assisting homeowners and renters with housing acquisition and rehabilitation to maintain affordable housing to decrease the financial burden on low -to -moderate -income persons. The County will also make improvements to public facilities and infrastructure, not only to create suitable living areas, but to also attract further public and private investments into low/mod income areas. Finally, the public services supported by the County address specific needs identified by community residents as part of the citizen participation and consultation process. These services will help low-income individuals and families improve their quality of lives. Other actions and strategies planned that the County will employ to reduce the number of poverty -level families: 1. Support the collaborative efforts of the service providers in Collier County to attract new business and industry to Collier. 2. Support the efforts of the Chamber of Commerce to target certain segments of the economy for business development/job creation. 3. Encourage nonprofit organizations to expand housing development programs to incorporate job - training opportunities as a part of their operations. Annual Action Plan 2023 50 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 780 16.D.3.n 4. Promote the use of referral services for the existing Human Service Centers which involves a partnership with many human service agencies, including job referrals. 5. Work to develop a CHDO to meet the requirements of the designation in order to develop affordable housing for low/moderate income persons. 6. Participate in the development of a regional social service collaborative to coordinate the work of social service organizations, disseminate news and information, eliminate duplication of efforts, and spearhead community -wide solutions to local needs. 7. Use enhanced accomplishment data as a criterion in the evaluation of applications for ESG funding. 8. Support any expansion of local transit service and/or for express transit service. Through the initiatives described above, and in cooperation with the agencies and nonprofit organizations noted, the County's Community and Human Services Division will continue to assist low- and moderate - income persons of Collier County through the Consolidated Plan period. Actions planned to develop institutional structure The Collier County Community and Human Services Division (CHS) administers, plans, and manages all facets of the HUD grants for Collier County to ensure that all aspects of the grant programs perform in a concerted manner. CHS will work as the housing and community development liaison between the county, local public housing, participating cities, state agencies, and nonprofit and community -based organizations. Collier County recognizes the need to maintain a high level of coordination on projects involving other departments and/or nonprofit organizations. This collaboration guarantees an efficient use of resources with maximum output in the form of accomplishments. Collier County's Affordable Housing Advisory Committee (AHAC) represents the most substantial partnership designed to develop institutional structure to address affordable housing challenges. AHAC is composed of representatives from the residential home building, banking/ mortgage lending, labor, low- income advocacy, social service, real estate, employer, and local planning industries. These representatives serve as an informed body of experts with unique perspectives on the local landscape of affordable housing needs and market dynamics in Collier County. Actions planned to enhance coordination between public and private housing and social service agencies The County will work to foster collaboration through dissemination of services, news, and information across social service organizations, subcontractors, and public and private entities. One way the County will accomplish this is through subrecipient meetings that bring together affordable housing developers and social service agencies. Annual Action Plan 2023 51 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 781 16.D.3.n The County will encourage community -based solutions and regional partnerships and will continue to support and participate in the CoC, whose membership includes both affordable housing and social service agencies. Annual Action Plan 2023 52 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 782 16.D.3.n Program Specific Requirements AP-90 Program Specific Requirements — 91.220(1)(1,2,4) Introduction: This section provides information required by regulations governing the Community Development Block Grant (CDBG) program, the HOME Investment Partnerships (HOME) program, and the Emergency Solutions Grants (ESG) program. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(I)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 29,000 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float -funded activities 0 Total Program Income: 29,000 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% Annual Action Plan 53 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 783 16.D.3.n HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(1)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows: Not applicable. Collier County does not anticipate using any other forms of investment beyond those identified in Section 92.205. 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: The County's Recapture Provisions permit the original homebuyer to sell the property to any willing buyer, at any price the market will bear, during the period of affordability while the County is able to recapture all, or a portion of the HOME -assistance provided to the original homebuyer. Collier County utilizes a recapture policy in compliance of 24 CFR 92.254. The affordability period is determined based upon the amount of HOME Investment Partnerships Program funds invested into an individual project. HOME Regulations set three minimum tiers of affordability periods. When a homeowner chooses to sell or use the property for non -eligible HOME Program activities during the Period of Affordability, the full amount of the HOME Program Direct Subsidy shall be recaptured and repaid to Collier County provided that net proceeds are sufficient. If net proceeds are insufficient to repay the total HOME investment due, only the actual net proceeds will be recaptured. In the event that net proceeds are zero (as is usually the case with foreclosure), the recapture provision still applies. Recaptured funds shall be returned to the Collier County to reinvest in other affordable housing projects for low- to moderate -income persons. The County's Resale Provisions shall ensure that, when a HOME -assisted homebuyer sells or otherwise transfers his or her property, either voluntarily or involuntarily, during the affordability period: 1) The property is sold to another low-income homebuyer who will use the property as his or her principal residence. 2) The original homebuyer receives a fair return on investment, (i.e., the homebuyer's down payment plus capital improvements made to the house); and 3) The property is sold at a price that is "affordable for a reasonable range of low-income buyers." The County's Recapture and Resale Provisions are included in full in the Appendix. 3. A description of the guidelines for resale or recapture that ensures the affordability of units Annual Action Plan 2023 54 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 784 16.D.3.n acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows: Development Subsidy — a development subsidy is defined as financial assistance provided by the County to offset the difference between the total cost of producing a housing unit and the fair market value of the unit. When provided independently and absent any additional subsidy that could be classified a direct subsidy, development subsidy triggers resale. Direct Subsidy —a direct subsidy is defined as financial assistance provided by the County that reduces the purchase price for a homebuyer below market value or otherwise subsidizes the homebuyer [i.e., down -payment loan, purchase financing, assistance to CHDO to develop and sell unit below market or closing cost assistance]. A direct subsidy triggers recapture. Net Proceeds — the sales price minus superior loan repayment (other than HOME funds) and any closing costs. The County's Recapture and Resale Provisions are included in full in the Appendix. 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: Not applicable. Collier County has no plans to use HOME funds to refinance existing debt secured by multifamily housing rehabilitated with HOME funds. S. If applicable to a planned HOME TBRA activity, a description of the preference for persons with special needs or disabilities. (See 24 CFR 92.209(c)(2)(i) and CFR 91.220(I)(2)(vii)). Pursuant to 24 CFR 92.209(c)(2)(i), the County has provided a preference for persons with a special need, which includes the elderly and persons at -risk of homelessness. The County has funded Collier County Housing Authority (CCHA), Hunger and Homelessness Coalition (CCHHC) and ROOF to facilitate TBRA activities. In PY 2023, Collier County does not plan to fund TBRA assistance with FY 2023 HOME funds. 6. If applicable to a planned HOME TBRA activity, a description of how the preference for a specific category of individuals with disabilities (e.g. persons with HIV/AIDS or chronic mental illness) will narrow the gap in benefits and the preference is needed to narrow the gap in benefits and services received by such persons. (See 24 CFR 92.209(c)(2)(ii) and 91.220(I)(2)(vii)). Collier County has provided a preference for the elderly and persons at -risk of homelessness with HOME program funds. HOME funds will provide tenant -based rental assistance for persons who are elderly and those with special needs that are extremely low- and low -Income households and who are also experiencing homelessness or are unstably housed. This preference is needed to narrow the Annual Action Plan 55 2023 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 785 16.D.3.n gap in benefits for this group as it will prevent homelessness and allow them to be stably housed and continue living independently in place while working towards self-sustainability. 7. If applicable, a description of any preference or limitation for rental housing projects. (See 24 CFR 92.253(d)(3) and CFR 91.220(I)(2)(vii)). Note: Preferences cannot be administered in a manner that limits the opportunities of persons on any basis prohibited by the laws listed under 24 CFR 5.105(a). In accordance with 24 CFR 92.253(d)(3), an owner of the rental housing assisted with HOME funds must comply with the affirmative marketing requirements established by Collier County (PJ) pursuant to 24 CFR 92.351(a). The owner of the rental housing project must adopt and follow written tenant selection policies and criteria, which include that it may give a preference to a particular segment of the population, if permitted in its written agreement with the PJ, such as persons with a disability or other special needs. However; at this time there is no limit to eligibility or preference given to any particular segment of the population with rental housing projects funded by the County's HOME funds. HOME funds however must target low- to moderate -income households. The County does not discriminate and provides equal access to all eligible households in the HOME program. Annual Action Plan 2023 56 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 786 16.D.3.n Emergency Solutions Grant (ESG) Reference 91.220(I)(4) 1. Include written standards for providing ESG assistance (may include as attachment) Collier County's ESG Policy and Procedures Manual is attached as an appendix to this Plan. 2. If the Continuum of Care has established centralized or coordinated assessment system that meets HUD requirements, describe that centralized or coordinated assessment system. Coordinated Entry is a streamlined system designed to efficiently match people experiencing homelessness or those at -risk of homelessness to available housing, shelter, and services. It prioritizes those who are most in need of assistance and provides crucial information that helps the Continuum of Care strategically allocate resources. Anyone seeking homelessness or homelessness prevention services in Collier County will complete a coordinated entry assessment which is subsequently evaluated for services. 3. Identify the process for making sub -awards and describe how the ESG allocation available to private nonprofit organizations (including community and faith -based organizations). The County provides a competitive process for awarding all entitlement funding. This is widely advertised formally, via email, and at partnership meetings. A review and ranking committee reviews applications for merit and compliance. The CoC is provided an opportunity to support or not support an application. Eventually, the recommended awardees are noted in the Annual Action Plan. All public comment requirements are followed. The Annual Action Plan is presented to the Board of County Commissioners for approval, and then to HUD. The process is as follows: a) Identification of community development issues, needs, and concerns through community meetings and citizen input. b) Formulation of community development goals and preliminary strategies, i.e., staff and citizens. c) Dissemination of Grant Funds information to agencies and individuals d) Submission of Project applications; and e) Project Selection: Review of project applications by review committee ii. Present recommendations to the Board of County Commissioners, Public Hearing and Final Selection sent to HUD The County will directly administer the ESG RUSH grant. Annual Action Plan 2023 57 OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 787 16.D.3.n 4. If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR 576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with homeless or formerly homeless individuals in considering policies and funding decisions regarding facilities and services funded under ESG. Collier County meets the homeless participation requirement found in 24 CFR 576.405(a) through the Continuum of Care, which is led by the Collier County Hunger and Homeless Coalition. The CoC comments on funding applications and considers policies regarding homeless facilities and services. Other organizations representing the homeless provided input for the Consolidated Planning process, and a focus group was held at the Shelter for Abused Women and Children to gather input about housing and community development priorities. The County will continue to secure consultation with homeless or formerly homeless individuals, along with local organizations that represent and provide services to the homeless. 5. Describe performance standards for evaluating ESG. Performance standards provide a measure for Collier County to evaluate the effectiveness of each ESG service provider in the areas of: (a) Targeting those who need assistance most; (b) Reducing the number of people living on the streets or in emergency shelters; (c) Reducing the time people spend homeless; and (d) Reducing clients' housing barriers or housing stability risks. In addition, the County evaluates the success of ESG programs by reviewing Homeless Management Information System (HMIS) data. Sub recipients are required to submit regular reports which are reviewed by staff. These reports are used to ensure ESG compliance with regulations and local written standards as well as confirming that program goals are being met. ESG programs are also subjected to "on -site monitoring." The County has a Monitoring Group to monitor the ESG programs. This group has participated in over 100 federal grant evaluation designs, evaluation projects, and implementation of evaluation plans. The basis for monitoring is to address findings and provides recommendations for program improvements Collier County will also evaluate each ESG service provider's performance based on the following standards: a) Subrecipients will develop and adhere to priorities for service delivery by need. b) Subrecipients will assist clients in rapid movement to permanent housing from shelters or from the street. c) Subrecipients will ensure that clients have easy access to services. d) Subrecipients will provide comprehensive case management to address a spectrum of needs for each client. Annual Action Plan 2023 m OMB Control No: 2506-0117 (exp. 09/30/2021) Packet Pg. 788 FAIN # B-19-UC-12-0016 B-20-UC-12-0016 B-21-UC-12-0016 B-22-UC-12-0016 B-23-UC-12-0016 Federal Award Date 10/2023 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded $1,000,000.00 Subrecipient Name Collier County Housing Authority UEI# WHDZXBD56QL 1 FEIN 59-1490555 R&D NA Indirect Cost Rate NA Period of Performance 10/l/2023-09/30/2024 Fiscal Year End 09/30 Monitor End: 04/2029 AGREEMENT BETWEEN COLLIER COUNTY AND Collier County Housing Authority CDBG Grant Program — Rental Acquisition THIS AGREEMENT is made and entered into this 1 lth day of July 2023 by and between Collier County, a political subdivision of the State of Florida, ("COUNTY") having its principal address at 3339 Tamiami Trail East, Suite 213, Naples FL 34112, and Collier County Housing Authority ("SUBRECIPIENT"), a public body corporate and politic, created and existing under and by virtue of the laws of the State of Florida, Chapter 421 having its principal office at 1800 Farm Worker Way, Immokalee, FL 34142. WHEREAS, the COUNTY has entered into an Agreement with the United States Department of Housing and Urban Development (HUD) for a grant to execute and implement a Community Development Block Grant (CDBG) Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the Board of County Commissioners of Collier County ("Board") approved the Collier County Consolidated Plan — One-year Action Plan for Federal Fiscal Year 2023-2024 for the CDBG Program with Resolution 2023- on July 11, 2023 — Agenda Item 16.D. ; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the COUNTY advertised the 2023-2024 Annual [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 1 O V� Action Plan, on May 18, 2023, with a 30-day Citizen Comment period from May 18, 2023 to June 17, 2023; and WHEREAS, the SUBRECIPIENT has submitted a proposal for participation in the Collier County CDBG program; and WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in undertaking the CDBG project — (CD-23-02) Rental Acquisition. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART SCOPE OF WORK SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: Rental Acquisition Description of project and outcome: CHS, as an administrator of the CDBG program, will make available FY 2019-2020, 2020-2021, 2021-2022, 2022-2023, and 2023-2024 CDBG funds up to the gross amount of $1,000,000.00, to Collier County Housing Authority to fund the acquisition of (1) or more rental property(ies) (maximum 4 units per property) in Collier County, Florida to assist qualified low -to moderate income housing participants. Project Component One: Acquisition of (1) or more rental property(ies) (maximum 4 units per property) and all associated closing costs including but not limited to insurance, legal fees, appraisal, recording fees, inspection, and survey. The property will be deed restricted for five (5) years commencing on the date of initially meeting one of the National Objectives, in accordance with 24 CFR 570.505, if applicable. 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of execution of this Agreement, SUBRECIPIENT must deliver to CHS for approval, a detailed project schedule for the completion of the project. B. SUBRECIPIENT must submit the following resolutions and policies to CHS within sixty (60) days of execution of this Agreement: ® Affirmative Fair Housing Policy [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 2 O V� ® Affirmative Action/Equal Opportunity Policy ® Conflict of Interest Policy (COI) and related COI Forms ® Procurement Policy ® Uniform Relocation Act (URA) Policy ® Sexual Harassment Policy ❑ Section 3 Policy ® Section 504/ADA Policy ® Fraud, Waste, and Abuse Policy ® Language Assistance and Planning Policy (LAP) ® Limited English Proficiency Policy (LEP) ® Violence Against Women Act (VAWA) Policy ® LGBTQ Policy C. Environmental Review Requirement (ERR) — This Agreement does not constitute a commitment of funds or site approval. The commitment of funds or site approval may occur only upon satisfactory completion of environmental review, executed by the COUNTY, and either (i) the determination that the project is exempt or (ii) the COUNTY's receipt of an approved request for release of funds and certification from HUD, under 24 CFR Part 58. The provision of any funds to the project is conditioned on the COUNTY's determination to proceed with, modify, or cancel the project based on the results of the environmental review. No program costs can be incurred until an environmental review of the project is completed and approved by the COUNTY. Further, SUBRECIPIENT will not undertake any activity or commit any funds prior to CHS issuing a Notice to Proceed (NTP) letter. Violation of this provision may result in the termination of this subaward and/or the denial of any reimbursement of funds under this Agreement. D. Annual Subrecipient Training — All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement shall attend the CHS- sponsored Annual SUBRECIPIENT Fair Housing training. In addition, at least one staff member shall attend all other CHS-offered SUBRECIPIENT training, relevant to the Project, as determined by the Grant Coordinator, not to exceed four (4) sessions. E. Limited English Proficiency — Persons who, as a result of national origin, do not speak English as their primary language and who have limited ability to speak, read, write, or understand English ("limited English proficient persons" or "LEP persons") may be entitled to language assistance under Title VI of the Civil Rights Act of 1964 (Title VI) in order to receive a particular service, benefit, or encounter. In accordance with Title VI and its implementing regulations, SUBRECIPIENT agrees to take reasonable steps to ensure meaningful access to activities funded with HUD Funds by LEP persons. Any of the following actions could constitute "reasonable steps," depending on the circumstances: acquiring translators to translate vital documents; advertisements or notices; acquiring interpreters for face-to-face interviews with LEP persons; placing advertisements and notices in newspapers that serve LEP persons; partnering with other organizations that [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 3 O V� serve LEP populations to provide interpretation, translation, or dissemination of information regarding the project; hiring bilingual employees or volunteers for outreach and intake activities; contracting with a telephone line interpreter service; etc. 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component 1: Acquisition of (1) or more rental property(ies) (maximum 4 $1,000,000.00 units per property) and all associated closing costs including but not limited to legal fees, insurance, appraisal, recording fees, inspection, and survey. Total Federal Funds: $1,000,000.00 SUBRECIPIENT will accomplish the following checked project tasks: ® Pay all closing costs related to property conveyance ® Maintain beneficiary income certification documentation, and provide to the COUNTY as requested ® Maintain National Objective Documentation, and provide to COUNTY, as requested ® Provide Quarterly Reports on National Objective and project progress ® Provide Quarterly Leverage Funds Report ® Ensure attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS ❑ Ensure attendance by SUBRECIPIENT and General Contractor at Pre -Construction meetings, prior to SUBBRECIPIENT issuing Notice to Proceed (NTP) to contractor ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation ❑ Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Submit Change Orders for CHS approval prior to SUBRECIPIENT authorizing work ❑ Comply with Davis -Bacon Act Labor Standards and maintain supporting documentation ❑ Comply with Section 3 reporting requirements and maintain supporting documentation ❑ Provide weekly certified payroll throughout construction and rehabilitation ® Comply with Uniform Relocation Act (URA), if applicable ® Ensure applicable number of units are Section 504/ADA accessible ® Ensure the applicable continued use period for the project is met B. National Objective The CDBG program Funds awarded to Collier County must benefit low- to moderate -income persons (LMI). As such, SUBRECIPIENT shall ensure that all activities and beneficiaries meet the definition of [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 4 O V� ❑ LMA — Low/Mod Area Benefit ❑ LMC — Low/Mod Clientele Benefit ❑ LMH — Low/Mod Housing Benefit ❑ LMJ — Low/Mod Job Benefit LMA: Must document that at least 51 percent of the residents are LMI persons, based on HUD determined eligible census tracts. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment for this Agreement. LMC: Must document that at least 51 percent of persons served, are low- to moderate - income persons or households, in order to meet a CDBG National Objective. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment for this Agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must contain at least 51 percent occupied by LMI households, and structures with less than three units must be occupied by 100 percent LMI households. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment for this Agreement. LMJ: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 percent of which (computed on a full-time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment for this Agreement. C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Insurance Exhibit A - Insurance Certificate Within 30 days of Agreement execution and Annually within thirty 30 days of renewal Special Grant Condition Policies Policies as stated in this Within sixty (60) days of (Section 1.1) Agreement Agreement execution Detailed Project Schedule Project Schedule Not Applicable Project Plans and Specifications Site Plans and Specifications Not Applicable Draft Procurement Documents Uniform Relocation Act Documents are required prior to (Bid Packet)* Requirement: Including but not written offer and all closing limited to -Written Offer to documents due 7 days prior to Purchase, Voluntary Acquisition closing. Notice, Acquisition Checklist, Site Occupant Record (Tenant Interview), Signed Offer, Appraisal, Inspection, Signed Sales Contract, Settlement Statement, Title Commitment Subcontractor Log Subcontractor Log Not Applicable Quarterly Progress Report Exhibit C I. Quarterly reports within 10 days following the quarter end. [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 5 O 2. Final report upon submission of the final pay request in Neighborly. 3. Annually after closeout for duration of affordability period including client list and rental rates and income Section 3 Report Quarterly Report of New Hire Not Applicable. Information Complaint Logs Fair Housing, EEO, AA and Quarterly, within 10 days Incident Log following the end of the quarter. Annually after closeout. Leverage Funds Report Exhibit C-1 1. Quarterly within 10 days following quarter end. 2. Final report upon submission of the final pay request in Nei hborl . Davis -Bacon Act Certified Weekly Certified Payroll Not Applicable Payroll reports, forms, and supporting documentation Annual Audit Monitoring Exhibit E Annually, within 60 days after Report FY end Financial and Compliance Audit Audit, Management Letter, and Annually: nine (9) months after Supporting Documentation FY end for Single Audit OR one hundred eighty (180) days after FY end Continued Use Certification Continued Use Affidavit, if Annually, for five (5) years after applicable Project Closeout Capital Needs Assessment Plan Plan approved by the COUNTY Initial Plan due after construction completion. Annually throughout the continued use period Program Income Reuse Plan Plan Approved by the COUNTY Annually until 2029 * SUBRECIPIENT's Notice to Proceed may be withheld if procurement deliverables are not submitted in a timely manner, as stated in Section 1.2.C, Performance Deliverables. SUBRECIPIENT must submit to the COUNTY for approval, all Change Orders required during the project. Failure to submit Change Orders in a timely manner, may result in delay or withholding of payment, as well as a cease work order until all change orders have been reviewed and approved, at which time a new Notice to Proceed will be issued. D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Submission of supporting documents Submitted to CHS no Acquisition of (1) or more rental must be provided as backup, as evidenced later than 7 days property(s) (maximum 4 units per by appraisal, sales contract, closing before closing date. property) and all the associated documents, invoices, proof of payments closing costs including but not for expenses paid outside closing invoice [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 6 O V� limited to legal fees, insurance, appraisal, recording fees, inspection, and survey. and canceled check), schedule of values, and any other additional documentation as requested. SUBRECIPIENT'S failure to achieve the National Objective will require repayment of the CDBG investment under this Agreement. 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall begin on October 1, 2023 and shall end on September 30, 2024 unless terminated earlier in accordance with provisions of Paragraph 3.8, Defaults, Remedies, and Termination. 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, following receipt of SUBRECIPIENT's written request submitted at least 30 days prior to agreement period of performance end date. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available ONE MILLION DOLLARS AND ZERO CENTS ($1,000,000.00) for use by SUBRECIPIENT during the term of the Agreement (hereinafter, shall be referred to as the "Funds"). Modification to the Budget and Scope may only be made if approved in advance. Budgeted Fund shifts among line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only be made with Board of County Commissioners ("Board") approval. The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks, as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of CDBG Funds until needed for eligible costs; and all disbursement requests must be limited to the amount needed at the time of the request. SUBRECIPIENT may expend Funds only for allowable costs resulting from obligations incurred during the term of this Agreement. Invoices for work performed are required every month. If no work has been performed during the month, or if SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to SUBRECIPIENT when requested as work progresses, but not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. COUNTY will pay SUBRECIPIENT Funds available under this Agreement based on information submitted by SUBRECIPIENT and consistent with an approved budget and COUNTY policy [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 7 O V� concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by SUBRECIPIENT, not to exceed actual cash requirements. Payments will be adjusted by CHS in accordance with advance Fund and program income balances available in SUBRECIPIENT accounts. In addition, COUNTY reserves the right to liquidate Funds available under this Agreement for costs incurred by COUNTY on behalf of SUBRECIPIENT. The COUNTY shall wire Funds to the title company at closing and secure a 0 percent forgivable mortgage for the acquisition of the Property. SUBRECIPIENT shall provide CHS closing disclosures seven (7) days prior to closing and submit Title Insurance to CHS the same day as closing. No wire transfer will be made until approved by CHS and the Collier County Clerk of Courts for grant compliance and adherence to all applicable Local, State, or Federal requirements. Wire transfer will be made upon receipt of closing disclosures and in compliance with section 218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." The amount of wire transfer shall not be more than $1,000,000.00. The COUNTY reserves the right to deny payment of incomplete or altered closing disclosures, inadequately documented expenses, or expenses for items and services the COUNTY deems to be unusual, not customary, and/or unreasonable expenses related to the Project. CHS may withhold any payment request until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements, including timely submission of Performance Deliverables contained in Section 1.2.C. Late submission of deliverables or evidence of project inactivity may cause payment suspension of any open pay requests until the required deliverables are received or substantial project progression occurs, as determined by CHS. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice, and in compliance with sections 218.70-218.80, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 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. 1.5 RIGHT OF FIRST REFUSAL If SUBRECIPIENT offers the Property for sale before the end of the Continued Use Period, SUBRECIPIENT must allow a 90-day right of first refusal (ROFR) period to experienced non- profit organizations, reasonably approved by the COUNTY, for purchase of the Property at the then current market value or any other offer considered, in the sole determination of the COUNTY to be reasonable, for continued occupancy by eligible persons. The 90-day right of first refusal period begins when a legal advertisement appears in a local newspaper of general circulation, or other method authorized by statute or regulation, offering the Property for sale to non-profit organizations. [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 8 O V� 1.6 LEVERAGE FUNDS Leveraged funds must be identified, tracked, and verifiable in the SUBRECIPIENT's records. Resources must be fully identified and described in the Agreement and the approved budget submitted with the application. Resources must also meet the following criteria to be allowable as leverage: a. Expenditures of leveraged funds or resources are permitted only for eligible activities and allowable costs under the cost principles specified by the OMB Circulars referenced in this Agreement. Expenditures must be necessary and reasonable for proper and efficient accomplishment of project or program objectives. b. Leveraged resources committed on one project may not be used as leverage or match for any other project or program. c. Leveraged resources must represent newly created resources covering expenditures that would not be incurred if the award were not made. d. Leveraged resources may not be Federal funds under a different award, except where Federal statute allows their use for cost sharing (such as the Community Development Block Grant program). e. Third -party cash or in -kind contributions offered as leverage require a commitment letter on company letterhead signed by the individual who is in a position to commit the in -kind contribution. The contribution is only allowable if not utilized towards matching dollars. 1.7 COST PRINCIPLES Payments to SUBRECIPIENT are governed by the Federal grant management rules for cost allowability, found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.7-Cost Principles) of this Agreement, SUBRECIPIENT is defined as described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under the Part I - Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed specifically to the project referenced the Scope of Work, as defined in 2 CFR 200.413. SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT' S contractors and vendors are conditioned upon compliance with the procurement requirements provided in 2 CFR 200.318-200.327. Allowable costs incurred by Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles. SUBRECIPIENT may not be subject to 2 CFR Subpart E; however, the COUNTY is and may impose requirements upon SUBRECIPIENT so that the COUNTY can remain compliant with its obligation to follow 2 CFR 200 Subpart E. SUBRECIPIENT will use adequate internal controls and maintain necessary source documentation for all costs incurred, and adhere to any other accounting requirements included in this Agreement. 1.8 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. Either party [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 9 O V� may change the address to which notices are to be sent to it by giving written notice of such change to the other party in the manner herein provided for giving notice. Any notice, request, instruction, or other document delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Joshua Thomas, Grant Coordinator Collier County Government Community and Human Services Division 3339 Tamiami Trail East, Suite 213 Naples, Florida 34112 Email: Josh ua.Thomas@colliercou ntvfl.govkcolliercountyfl. go Telephone: (239) 252-8995 SUBRECIPIENT ATTENTION: Oscar Hentschel, Executive Director Collier County Housing Authority 1800 Farm Worker Way Immokalee, Florida 34142 Email: ohentschelgcchafl.org Telephone: (239) 657-3649 Remainder of Page Intentionally Left Blank [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 10 O PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit E) no later than 60 days after SUBRECIPIENT' S fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a financial and compliance Single Audit report, Management Letter, and supporting documentation nine (9) months (or audited financial statements, one hundred eighty (180) days for Subrecipients exempt from Single Audit) after the SUBRECIPIENT' S fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its receipt of the report. SUBRECIPIENT's failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning Subrecipient audits and 2 CFR 200.501 Federal Award amounts expended shall be determined in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to determine compliance with the requirements of this Agreement, the CDBG Program, and all other applicable laws and regulations. This documentation shall include but is not limited to, the following: A. All records required by CDBG regulations. B. Public records that ordinarily and necessarily would be required by the COUNTY to perform the service. C. SUBRECIPIENT shall make available to the COUNTY or CHS at any time upon request, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of Funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail to properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 11 O expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. D. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, and in a readily accessible, permanent, and secured location for three (3) years after the date of submission of the final performance and evaluation report, as prescribed in 2 CFR 200.334, 24 CFR 570.490 and 24 CFR 570.502(a)(7)(ii). However, if any litigation, claim, or audit is started before the expiration date of the three (3) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If SUBRECIPIENT ceases to exist after the closeout of this Agreement, it shall notify the COUNTY in writing, of the address where the records will be kept, as outlined in 2 CFR 200.337. SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in SUBRECIPIENT' S possession upon termination of the Agreement, and destroy any duplicate, exempt, or confidential public records that are free from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY'S information technology systems. IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, IT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-26799 Michael.Brownlee(a,colliercountyfl.i!ov, 3299 Tamiami Trail East, Naples, FL 34112. E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of 1931, as amended, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, SUBRECIPIENT shall maintain records showing compliance with Federal purchasing requirements and other Federal requirements for grant implementation. F. SUBRECIPIENT is responsible for the creation and maintenance of income eligible files on clients served, and documentation that all households are eligible under HUD Income Guidelines. SUBRECIPIENT agrees that CHS shall be the final arbiter on SUBRECIPIENT' S compliance. G. SUBRECIPIENT shall document how it complied with the National Objective(s), as defined in 24 CFR 570.208, and the eligibility requirement(s) under which funding was [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 12 O received. This includes special requirements, such as necessary and appropriate determinations as defined in 24 CFR 570.208, income certification, and written agreements with beneficiaries, where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records, and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public records that are free from public records disclosure requirements are not disclosed, except as authorized by 2 CFR 200.337 and 2 CFR 200.338. 2.3 MONITORING SUBRECIPIENT agrees that CHS may carry out no fewer than one (1) annual on -site monitoring visit and evaluation of project activities, as determined necessary. At the COUNTY's discretion, a desktop review may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. Upon request by CHS, SUBRECIPIENT shall submit information and status reports required by CHS or HUD, to enable CHS to evaluate said progress and allow for completion of CHS's required reports. SUBRECIPIENT shall allow on -site monitoring by CHS or HUD. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit all records, documentation, and any other data relating to all matters covered by the Agreement. COUNTY will monitor SUBRECIPIENT'S performance in an attempt to mitigate fraud, waste, abuse, or non-performance, based on goals and performance standards as stated with all other applicable laws, regulations, and policies governing the Funds provided under this Agreement, further defined by 2 CFR 200.332. Substandard performance, as determined by CHS, will constitute noncompliance with this Agreement. If SUBRECIPIENT does not take corrective action within a reasonable time period after being notified by CHS, Agreement suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, and/or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal control systems and procedures necessary to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and provide proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT' S internal control systems and all transactions and other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by the COUNTY. [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 13 O SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the performance of this Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent fraud, waste, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or any law or regulation to the COUNTY, or any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failure to implement or make acceptable progress on such corrective action plans. To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. The escalation policy for noncompliance is as follows: 1. Initial noncompliance may result in the COUNTY issuing Findings or Concerns to SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action plan to CHS within 10 business days following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted and accepted. • CHS will be available to provide Technical Assistance (TA) to SUBRECIPIENT, as needed, in order to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely manner, CHS may require SUBRECIPIENT to return a portion of the awarded grant Funds to the COUNTY. • CHS may require SUBRECIPIENT to return upwards of 5 percent of the award amount to the COUNTY, at the discretion of the Board. • SUBRECIPIENT may be denied future consideration, as set forth in Resolution No. 2013-228. 3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected, and has been informed by CHS of their substantial noncompliance by certified mail, CHS may require SUBRECIPIENT to return to the COUNTY a portion of the awarded grant amount, or the amount of the CDBG investment for acquisition of the properties conveyed. [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 14 O • CHS may require SUBRECIPIENT to return upwards of 10 percent of the award amount to the COUNTY, at the discretion of the Board. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. 4. If after repeated notification, SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend termination of the Agreement or award. • CHS will make a recommendation to the Board to immediately terminate the Agreement. SUBRECIPIENT will be required to repay all Funds disbursed by CHS for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be noncompliant, the above sanctions may be imposed across all awards, at the Board's discretion. 2.6 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. Reports showing lack of project activity may result in the withholding of payment or issuance of a Notice of Non - Compliance. During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January, April, July, and October, respectively, for the prior quarter period end. As part of the report submitted in October, SUBRECIPIENT agrees to include a comprehensive final report covering the agreed -upon Program objectives, activities, and expenditures including but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit C, the reporting form to be used in fulfillment of this requirement. Additionally, all leveraged funds utilized in support of this project will be submitted on Exhibit C-1 as part of the final report. Other reporting requirements may be required by the County Manager or designee if the Program changes, the need for additional information or documentation arises, or if legislative amendments are enacted. Reports and requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. Remainder of Page Intentionally Left Blank [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 15 O PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. SUBRECIPIENT shall cause all provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. 3.2 GENERAL COMPLIANCE SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants), including subpart K of these regulations, except that (1) SUBRECIPIENT does not assume the COUNTY'S environmental responsibilities described in 24 CFR 570.604; (2) SUBRECIPIENT does not assume the COUNTY'S responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) SUBRECIPIENT is required to follow the Federal procurement process; and (4) for Developers, revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. SUBRECIPIENT agrees to comply with all other applicable laws, regulations, and policies governing the Funds provided under this Agreement. SUBRECIPIENT further agrees to utilize Funds available under this Agreement to supplement rather than supplant funds otherwise available. SUBRECIPIENT is prohibited from using Funds provided herein, or personnel employed in the administration of the program, for political activities, inherently religious activities, lobbying, political patronage, and/or nepotism activities. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. SUBRECIPIENT shall always remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance, as the SUBRECIPIENT is independent from the COUNTY. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time, provided that such amendments make specific reference to this Agreement, are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY'S Board. Such [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 16 O amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or Local governmental guidelines, policies, available funding amounts, or other reasons. If such amendments result in a change in the funding, scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from HUD CDBG grant Funds and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing the CDBG Funds pertaining to this Agreement. In the event of curtailment or non -production of said Federal Funds, or the reduction of HUD Funds to the COUNTY to a level that the County Manager determines to be insufficient to adequately administer the project, the financial resources necessary to continue to pay SUBRECIPIENT all or any portion of the Funds will not be available. In either event, the COUNTY may terminate this Agreement, which shall be effective as of the date it is determined by the County Manager or designee, in his/her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, SUBRECIPIENT shall indemnify and hold harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action, which may arise out of an act or omission including but not limited to, reasonable attorneys' and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies, which otherwise may be available to an indemnified parry or person described in this paragraph. SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith, shall defend all suits in the name of the COUNTY, and shall pay all costs (including attorney's fees) and judgments which may issue there -on. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of the COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in section 768.28, Florida Statutes. This section shall survive the expiration or termination of this Agreement. [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 17 O 3.7 GRANTEE RECOGNITION/SPONSORSHIPS SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of program sponsorships, research reports, and similar public notices, whether printed or digitally prepared and released by SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information to the general public regarding the development team and Equal Housing Opportunity. Construction signs shall comply with applicable COUNTY codes. If this Agreement results in any copyrightable material or inventions, CHS and/or the COUNTY reserve the right to royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use; and authorize others to use the work or materials for governmental purposes. 3.8 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.341, this Agreement may be terminated for convenience by either the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and in the case of partial terminations, the portion to be terminated. However, in the case of a partial termination, if the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. This Agreement may also be terminated by the COUNTY if the award no longer effectuates the program goals or grantor agency priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement, in compliance with 2 CFR 200, Appendix II (A): A. Failure to comply with any of the rules, regulations, or provisions referred to herein; or such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as may become applicable at any time. B. Failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner. C. Ineffective or improper use of Funds provided under this Agreement. D. Submission of reports that are incorrect or incomplete in any material respect. E. Submission of any false certification. F. Failure to materially comply with any terms of this Agreement. [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 18 O G. Failure to materially comply with the terms of any other agreement between the COUNTY and SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any combination of one or more of the following remedies, in compliance with 2 CFR 200, Appendix II (B): A. Require specific performance of the Agreement in whole or in part. B. Require the use of, or change in, professional property management, if applicable. C. Require SUBRECIPIENT to immediately repay to the COUNTY all CDBG Funds received under this Agreement. D. Apply sanctions, if COUNTY determines them to be applicable. E. Stop all payments until identified deficiencies are corrected. F. Terminate this Agreement by giving written notice to SUBRECIPIENT specifying the effective date of such termination. If the Agreement is terminated by the COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. 3.9 SUSPENSION AND DEBARMENT SUBRECIPIENT certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by a Federal Department or agency. In addition, SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a suspended or debarred contractor or vendor, as outlined in Executive Orders 12549 (1986) and 12689 (1989), Suspension and Debarment, and 2 CFR 200.214, as further detailed in Section 4.18. 3.10 REVERSION OF ASSETS In the event of Agreement termination, in addition to any and all other remedies available to the COUNTY (whether under this Agreement, at law, or in equity), SUBRECIPIENT shall, at the time of termination (or expiration), immediately transfer to the COUNTY any property on hand and any accounts receivable attributable to the use of CDBG Funds, per 24 CFR 570.503(b)(7). The COUNTY' S receipt of any Funds on hand at the time of termination shall not waive the COUNTY'S right (nor excuse SUBRECIPIENT'S obligation) to recoup all or any portion of the Funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). All program assets (unexpended program income, property, equipment, etc.) shall revert to CHS upon termination of this Agreement. [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 19 O 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said insurance shall be carried continuously during SUBRECIPIENT' S performance under the Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and Scope of Work (Part I), Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.), and Federal Regulations for the Community Development Block Grant (24 CFR 570 et seq.). 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through 200.327) and Collier County's Procurement Ordinance #2017-08, as amended. Current COUNTY purchasing thresholds are: Range: Competition Required $0 - $50,000 3 Written Quotes $50,001+ Formal Solicitation ITB, RFP, etc. All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or put out to competitive bidding, under a procedure acceptable to the COUNTY and Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest, responsible, and qualified bidder. SUBRECIPIENT shall manage and CHS shall monitor contract administration. CHS shall have access to all records and documents related to the Project. In accordance with 24 CFR parts 570.202(b)(3) & 570.202(b)(4), to the greatest extent practicable, SUBRECIPIENT shall procure products, similar to Energy Star and Water Sense products and appliances, that increase the effective use of energy and water in structures. In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II (J) and 2 CFR 200.323. [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 20 O 3.14 PROGRAM GENERATED INCOME No Program Income is anticipated. However, if Program Income is derived from the use of CDBG Funds disbursed under this Agreement, SUBRECIPIENT shall utilitze such Program Income only for CDBG-eligible activities approved by the COUNTY. Any Program Income (as such term is defined under 24 CFR 570.500(a) gained from any SUBRECIPIENT activity funded by CDBG Funds shall be reported to the COUNTY through an annual Program Income Reuse Plan, utilized by the SUBRECIPIENT accordingly, and shall comply with 2 CFR 200.307, 24 CFR parts 570.489, 570.500, and 570.504 in the operation of the Program. When Program Income is generated by an activity that is only partially assisted by CDBG Funds, the income shall be prorated to reflect the percentage of CDBG Funds used. If there is a Program Income balance at the end of the Program Year, such balance shall revert to the COUNTY's Community Block Grant Program, for further reallocation. Acguisition/Improvement of Real Property: Real property under the SUBRECIPIENT'S control that was acquired or improved, in whole or in part, with CDBG Funds shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208, during the continued use period, as referenced in section 3.16 (Grant Closeout Procedures) of this Agreement. If SUBRECIPIENT disposes of or otherwise fails to continue to use the CDBG-assisted real property in a manner that meets a CDBG National Objective, SUBRECIPIENT shall pay the COUNTY an amount equal to the percentage of the current fair market value of the property, less any disposal costs. The percentage of appraised value attributable to CDBG and non-CDBG funds expended for the original acquisition of, or improvement to, the property under the terms of this Agreement shall be the basis for such percentage. Such payment shall constitute program income to the COUNTY. Additionally, real property under the SUBRECIPIENT'S control that was acquired or improved, in whole or in part, with CDBG Funds shall be used to meet one of the CDBG National Objectives, pursuant to 24 CFR 570.208, during the continued use period as referenced in section 3.15 (Grant Closeout Procedures) of this Agreement. If SUBRECIPIENT sells, transfers, disposes of, or otherwise fails to continue to use the CDBG-assisted real property in a manner that meets a CDBG National Objective, SUBRECIPIENT shall pay the COUNTY an amount equal to a percentage of the current fair market value of the property, after subtracting disposal costs. The basis for such percentage shall be the percentage of the appraised value attributable to CDBG and non-CDBG Funds expended for the original acquisition of, or improvement to, the property under the terms of this Agreement. Such payment shall constitute program income to the COUNTY. 3.15 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT'S obligation to the COUNTY shall not end until all closeout requirements are completed. SUBRECIPIENT may close out the project with the COUNTY after the five (5) year continued use period has been met. The continued use period shall commence following the SUBRECIPIENT meeting the National Objective, the recording of lien and/or deed restriction documentation, if applicable, and the closeout of the project within HUD's Integrated Data Information System (IDIS). 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, [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 21 O equipment, Program Income balances, and receivable accounts to the COUNTY); and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that SUBRECIPIENT has control over CDBG Funds, including Program Income. In addition to the records retention outlined in section 2.2 (Records and Documentation) of this Agreement, SUBRECIPIENT shall comply with section 119.021, Florida Statutes, regarding records maintenance, preservation, and retention. A conflict between State and Federal records retention requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. SUBRECIPIENT must return to the COUNTY any balance of unobligated Funds that have been advanced or paid, and any Funds paid exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement. SUBRECIPIENT shall also produce records and information complying with section 215.97, Florida Statutes, the Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.344. 3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement based on race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower -income residents of the project areas shall be given opportunities for training and employment. Also, to the greatest extent feasible, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES SUBRECIPIENT will use its best efforts to afford small businesses and minority and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and "minority and women's business enterprise" means a business that is at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Black Americans, Hispanic Americans, Asian/PacificAmericans, Native Americans, and Hasidic Jews. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and women's business enterprises, in lieu of an independent investigation. [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 22 O 3.18 PROGRAM BENEFICIARIES If the Agreement is meeting a National Objective through an LMI strategy, at least 51 percent of the beneficiaries of a project funded through this Agreement must be low- and moderate -income persons, or presumed to be low- to moderate -income persons based on applicable regulation. Determination of income eligibility is based on the annual income of the family or household. This Agreement conforms to the definition of Annual Income, per 24 CFR 570.3(1)(i), where Annual income is defined under the Section 8 Housing Assistance Payments. Details for calculating the Annual Income are contained in 24 CFR 5.609, with practical instructions contained in HUD Handbook 4350.3, Chapter 5. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than 30 percent of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the COUNTY's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit C of this Agreement. 3.19 AFFIRMATIVE ACTION SUBRECIPIENT agrees that it is committed to carrying out an Affirmative Action Program pursuant to the COUNTY' S specifications, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. Prior to the award of Funds, SUBRECIPIENT shall submit to the COUNTY for approval a plan for an Affirmative Action Program. The Affirmative Action Program must be updated throughout the continued use period and submitted to the COUNTY within 60 days of any update/modification. SUBRECIPIENT's contracting officer will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or worker's representative of SUBRECIPIENT's commitments hereunder, and shall post copies of the notice in conspicuous places available to all employees and applicants for employment. 3.20 CONFLICT OF INTEREST SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement; and that SUBRECIPIENT shall not employ or subcontract with any person having any conflict of interest. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest," 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval, prior to entering into any contract with an entity owned in whole or in part by a covered person, or an entity owned or controlled in whole or in part by SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 23 O of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT'S ability to self -manage the projects using its own employees. Any possible conflict of interest on the part of SUBRECIPIENT, its employees, or its contractors shall be disclosed to CHS in writing, provided however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low- and moderate -income residents of the project target area. 3.21 BYRD ANTI -LOBBYING AMENDMENT Each tier certifies that the tier above it will not, and has not, used Federally appropriated Funds to pay any person or organization for influencing or attempting to influence the award of Federal Funds, as covered by 31 USC 1352, and more fully described in Section 4.46 of this Agreement. Contractors who apply or bid for an award of $100,000 or more shall file the required certification. 3.22 RELIGIOUS ORGANIZATIONS CDBG Funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.2006). SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment and will not limit employment or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services and will not limit such services or give preference to persons based on religion. C. It will retain its independence from Federal, State, and Local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided it does not use direct CDBG Funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. It shall not use Funds for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG Funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities, in accordance with the cost accounting requirements applicable to CDBG Funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 24 O 3.23 INCIDENT REPORTING If SUBRECIPIENT provides services to clients under this Agreement, SUBRECIPENT and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person to the COUNTY. During the term of this Agreement, SUBRECIPIENT must report to the COUNTY in writing, within one business day of occurrence, any substantial, controversial, or newsworthy incidents. The Collier County Standard Subrecipient Incident Report Form shall be used to report all such incidents. 3.24 SEVERABILITY Should any provision of this Agreement be determined unenforceable or invalid, such determination shall not affect the validity or enforceability of any other section or part thereof. 3.25 MISCELLANEOUS SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. SUBRECIPIENT represents and warrants that the financial data, reports, and other information it furnished to the COUNTY regarding the Project are accurate and complete, and financial disclosures fairly represent the financial position of SUBRECIPIENT. SUBRECIPIENT understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the COUNTY' S or SUBRECIPIENT's responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service and, in case of a minor, that of a responsible parent/guardian. SUBRECIPIENT certifies that it has the legal authority to receive the Funds under this Agreement and its governing body has authorized the execution and acceptance of this Agreement. SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind SUBRECIPIENT to the terms of this Agreement. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida, without giving effect to its provisions regarding choice of laws. All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all applicable Federal, State, and Municipal laws, ordinances, regulations, orders, and guidelines, including but not limited to any applicable regulations issued by the COUNTY. [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 25 O Electronic Signatures. This Agreement, and related documents entered into in connection with this Agreement, are signed when a parry's signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. 3.26 WAIVER The COUNTY'S failure to act with respect to a breach by SUBRECIPIENT does not waive its right to act with respect to subsequent or similar breaches. The COUNTY'S failure to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 26 O PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title24/24cfr570 main 02.1pl 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. https: //www. ecfr. goy/c gi-bin/text- idx?SID=1 acdb92f3b05c3f285dd76c26d14f54e&mc=true&node=pt24.1.58&rgn=div5 Resource Conservation and Recovery Act (RCRA). Under RCRA codified at 42 USC 6962, state and local institutions of higher education, hospitals, and non-profit organizations that receive direct Federal awards or other Federal Funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to the EPA guidelines. Summary of the Resource Conservation and Recovery Act I US EPA 4.3 Hatch Act: The SUBRECIPIENT shall comply with the Hatch Act, 5 USC 1501-1508 and shall ensure that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 Title V of the USC Federal Resister : Political Activitv-State or Local Officers or Emnlovees: Federal Employees Residing in Designated Localities; Federal Employ 4.4 Section 104(d) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended Section 109 of the HCD Act of 1974 1 HUD.gov / U.S. Department of Housing and Urban Development (HUD) Section 104(d) of the Housing and Communi , Development Act of 1974, as amended (see 42 USC 5304(d)) - HUD Exchange 4.5 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. https://www.hud.gov/sites/documents/DOC_7771.PDF htlps://www.justice.gov/crt/fair-housing-act-1 Executive Order 11063 — Equal Opportunity in Housing hgps://www.archives.gov/federal- re sister/codification/executive-order/ 11063 .html Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs https://www.archives. eov/federal-reLister/codification/executive-order/I2259.html 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O. https://www.law.comell.edu/cfr/text/24/Tart- 107 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as amended https://www.hud.gov/programdescription/title6 This Agreement is subject to 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared, or improved with assistance provided under this Agreement, SUBRECIPIENT shall cause or require a covenant running with the land to be inserted in the deed or lease of such transfer, prohibiting discrimination herein as defined, in the sale, lease, or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 27 O providing that the COUNTY and the United States are beneficiaries of and entitled to enforce such covenants. SUBRECIPIENT, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4.6 Title IX of the Education Amendments of 1972, as amended, 20 USC 1681, which prohibits discrimination on the basis of sex in educational programs Title IX Of The Education Amendments Of 1972 (justice.gov) 4.7 The Temporary Assistance for Needy Families Program (TANF) 45 CFR Parts 260-265, the Social Services Block Grant 42 ISC 1397d and other applicable federal regulations and policies promulgated thereunder. Temporary Assistance for Needy Families I Benefits.gov eCFR: 45 CFR Part 260 -- General Temporary Assistance for Needy Families (TANF) Provisions The Pro -Children Act: Contractor agrees to comply with the Pro -Children Act of 1994, 20 USC 6083. Pro -Children Act Of 1994 1 Legislation I US Encyclopedia of law (lawi.us) 4.8 Public Announcements and Advertising: When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs Funded in whole or in part with Federal money, SUBRECIPIENTshall clearly state (1) the percentage of the total costs of the program or project which will be financed with Federal money, (2) the dollar amount of Federal funds for the project or program, and (3) percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources. 4.9 Purchase of American -Made Equipment and Products: SUBRECIPIENT assures that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Agreement will be American -made. 4.10 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www. gpo.. ov�/fdsys/ 2kg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-sec570- 602.pdf 4.11 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https://www.dol.gov/agencies/ofcgp/executive-order- 11246/as-amended EO 11375 and 12086: see item #8 below 4.12 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. SUBRECIPIENT will, in all solicitations or advertisements for [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 28 O employees placed by or on behalf of SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission eeoc. ov 4.13 24 CFR 75 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 75, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the COUNTY, the SUBRECIPIENT, and any of the SUBRECIPIENT'S Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT'S subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires, to the greatest extent feasible, opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." Section 3 requires 25 percent of the total labor hours must be worked by Section 3 workers and 5 percent of the total labor hours must be worked by Targeted Section 3 workers. If SUBRECIPIENT is unable to meet these benchmarks, efforts taken to meet the requirements must be described. Examples include held iob fairs, conduct on the iob training, outreach efforts to public housing residents, and connecting residents to supportive services. SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG-Funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 29 O metropolitan area in which the CDBG-Funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low - and very low-income participants in other HUD programs. https://www.hud.gov/sites/documents/DOC 12047.PDF SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. htlps://www.ecfr.gov/current/title-24/subtitle-A_/part-75 4.14 SUBRECIPIENT shall not assign or transfer any interest in this Agreement without the prior written consent of the COUNTY thereto; provided, however, that claims for money due or to become due to SUBRECIPIENT from CHS under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to CHS. 4.15 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107, and 12086. Age Discrimination Act of 1975 https://www.law.comell.edu/uscode/text/42/chapter-76 11246: https://www.dol.gov/ofccp/regs/statutes/eol1246.htm 11375: Amended by EO 11478 11478: hgps://www.archives.gov/federal-register/codification/executive-order/I1478.html 12107: hgps://www.archives.gov/federal-register/codification/executive-order/12107.html 12086: hgps://www.archives.gov/federal-register/codification/executive-order/12086.html 4.16 Contract Work Hours and Safety Standards Act, 40 USC 327-332. https://www.dol.gov/whd/regs/statutes/safe0l.pdf 4.17 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: hops://www.epa. og v/ocr 29 USC 776: hgps://law.onecle.com/uscode/29/776.html 24 CFR 570.614: https://www.law.comell.edu/cfr/text/24/570.614 4.18 The Americans with Disabilities Act of 1990: https://www.hug• _og y/program_offices/fair_housing equal_opT Americans with Disabilities Act of 1990, As Amended I ADA.gov 4.19 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. hops://www.fhwa.dot.gov�_estate/uniform act/index.cfm [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 30 O 4.20 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all construction contracts funded by CDBG. Davis -Bacon Act: 40 USC 276a to 40 USC 276a-5: 40 U.S.C. 276a - https://www. ovg info.gov/gpp/details/USCODE-2001-title4O/USCODE-2001- title40-chap3 -sec276a/context 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States https://www.law.comell.edu/cfr/text/29/Tart-3 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) https://www.law.comell.edu/cfr/text/29/Tart-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. https://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.21 As a supplement to the Davis -Bacon Act requirements, the SUBRECIPIENT agrees to comply with the "Copeland Anti -Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or subcontractors from inducing an employee to relinquish any part of his/her compensation, under the federally -funded contract. 18 U.S.C. 874 https://www. ovi�nfo.gov/content/pkg/USCODE-2021-titlel8/2df/JSCODE-2021- title 18-partl-sec874/context 40 U.S.C. 276c https://www. ovg info.gov/gpp/details/USCODE-2001-title40/USCODE-2001- title40-chap3 -sec276a/context 4.22 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. https://www.archives. gov/federal-register/codification/executive-order/I 1625.html 4.23 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act (HCDA) are still applicable. 24 CFR 570.607: htlps://www.ecfr.gov/cai-bin/text- idx?SID=9eae3f8eaa99lfO4l l f383b74003bcb 1 &mc=tme&node=pt24.3.570&rgn=div5#se24.3.5 70 1607 [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 31 O E.O. 13279: hqp://www.fedgovcontracts.com/2e02-96.htm 4.24 Public Law 100-430 - the Fair Housing Amendments Act of 1988. STATUTE- 102-P lg 619.pdf (govinfo.gov) 4.25 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200 main_02.tpl 4.26 2 CFR 200.216 — Prohibition on certain telecommunications and video surveillance services or equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or grant funds to: 1) procure or obtain; 2) extend or renew a contract to procure or obtain; 3) enter into a contract (or extend or renew a contract) to procure or obtain equipments, services, or systems that use(s) covered telecommunications equipment or services as a substantial component of any system, or as critical technology as part of any system. 4.27 Immigration Reform and Control Act of 1986 S.1200 - 99th Congress (1985-1986): Immigration Reform and Control Act of 198C Con.rgress.gov I Library of Congress 4.28 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. https://www. ovg info.gov/content/pkiz/USCODE- 2010-title42/html/USCODE-2010-title42-chap85.htm htlps://www.law.comell.edu/uscode/text/42/chgpter-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.. ovi�nfo. gov/content/ 2kg/USCODE-2011-title33/pdf/LTSCODE-2011-title33- chap26.pdf https://www.law.comell.edu/uscode/text/33/chapter-26 4.29 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. https://www.law.comell.edu/cfr/text/24/570.605 4.30 SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to the HUD Lead -Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. Lead -Based Paint - HUD Exchange 4.31 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 [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 32 O forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. https://www. achp. gov/sites/default/files/regulations/2017-02/regs-revO4.pdf In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State, or Local historic property list. 4.32 SUBRECIPIENT must certify that it will provide drug -free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). https://www. gpo. gov�/fdsys/granule/USCODE-2009-title4l / JSCODE-2009-title4l -chap 10- sec701 4.33 SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. https://www.archives. gov/federal-register/codification/executive-order/12549.htm1 4.34 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. 4.35 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT' S fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT' S fiscal year. Per 2 CFR 200.345, if this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. eCFR :: 2 CFR Part 200 Subpart F -- Audit Requirements 4.36 Any real property acquired by the SUBRECIPIENT for the purpose of carrying out the projects stated herein and approved by the COUNTY, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within SUBRECIPIENT control, which is acquired or improved, in whole or part, with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. SUBRECIPIENT agrees to comply with the requirements of 24 CFR 570.606 c governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 33 O of the HCD Act; and the requirements in 24 CFR 570.606 (d) governing optional relocation policies. SUBRECIPIENT shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606 (b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition, or conversion for a CDBG assisted project. SUBRECIPIENT also agrees to comply with applicable COUNTY ordinances, resolutions, and policies concerning the displacement of persons from their residences. https://www.gpo. o�ys/granule/CFR-1999-title49-voll/CFR-1999-title49-voll-sec24-101 https://www. ov�gov/app/details/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-505 4.37 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.38 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. SUBRECIPIENT shall obtain written approval from CHS for any outside travel outside the metropolitan area with funds provided under this Agreement. https://www.gsa.goy/portal/content/104877 4.39 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. https://www.govregs.com/regulations/expand/title24 part5_subpartA_section5.106 4.40 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in §5.100, required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. eCFR: 24 CFR Part 214 Subpart D -- Program Administration https://www.law.comell.edu/cfr/text/24/5.1 11 4.41 HUD Final Rule — Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 34 O regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. https://www.federalregisg ter.gov/documents/2016/11/16/2016-25888/violence-against-women- reauthorization-act-of-2013-implementation-in-hud-housing-pro grams 4.42 Any rule or regulation determined to be applicable by HUD. 4.43 Limited English Proficiency: SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at hqp://www.lep.gov. 4.44 Equal Treatment of Faith -Based Organizations: By regulation, HUD prohibits all recipient organizations from using financial assistance from HUD to fund explicitly religious activities. The SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see https://ojp.gov/about/ocr/partnerships.htm. Discrimination on the basis of religion in employment is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on a case -by -case basis to allow some faith -based organizations to receive HUD funds while taking into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights. 4.45 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. SUBRECIPIENT agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See https://ojp.gov/about/ocr/pdfs/UseofConviction_Advisorypdf for more details. 4.46 Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENT will not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 35 O 31 U.S.C. 1352 - Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions - Document in Context - USCODE-2010-title3l-subtitleII-chapl3- subchapIII-secl352 (govinfo.gov) 31 U.S. Code § 1352 - Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions I U.S. Code I US Law I LII / Legal Information Institute (cornell.edu) 4.47 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds 18 U.S. Code § 1001 - Statements or entries . generally I U.S. Code I US Law I LII / Legal Information Institute (cornell.edu) Beneficiaries are subject to this False Claims Act that include the following: 31 U.S.C. 3729 - False claims - Document in Context - USCODE-2010-title3l-subtitleIII-chap37-subchapIII-sec3729 (govinfo.gov) 31 U.S. Code & 3729 - False claims I U.S. Code I US Law I LII / Legal Information Institute (cornell.edu) 4.48 Political Activities Prohibited: None of the Funds provided directly or indirectly under this Agreement shall be used for any political activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor any Funds provided hereunder shall be utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. 4.49 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD encourages recipients and subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by HUD and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. Executive Order 13513 --Federal Leadership on Reducing Text Messaging while Drivin>; whitehouse.gov (archives.gov) 4.50 Trafficking in Persons: SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of the SUBRECIPIENT and any employees of SUBRECIPIENT. The details of SUBRECIPIENT' S obligations related to prohibited conduct related to the trafficking of persons are posted at: https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking htm. [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 36 O 4.51 Association of Community Organizations for Reform Now (ACORN): SUBRECIPIENT understands and acknowledges that it cannot use any Federal Funds, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of HUD. 4.52 If SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under this funding agreement, SUBRECIPIENT must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Busines Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by HUD. https: //www. ecfr. gov/c/c gi- bin/retrieveECFR?g=p=&SID=a004b6bf20934ace7a717de761 dc64c0&mc=true&n=pt37.1.401 &r =PART&ty=HTML 4.53 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes- https://www.lawserver.com/law/state/florida/statutes/florida statutes_ chapter_112 part _iii Collier County- htlp://www.colliergov.net/home/showdocument?id=35137 4.54 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except that the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.55 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). 4.56 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 [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 37 O hereunder, the other party may obtain a court order requiring mediation under section 44.102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court; and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. httr)s://www.flsenate.izov/Laws/Statutes/2012/44.102 4.57 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. htlp://www.lefz.state.fl.us/Statutes/index.cfm?App mode=Displ!ly Statute&Search Strina=&UR L=0200-0299/0287/Sections/0287.133.htm1 4.58 Florida Statutes section 448.095 Employment Eligibility. Per Florida Statute 448.095(3), all Florida private employers are required to verify employment eligibility for all new hires beginning January 1, 2021. Eligibility determination is not required for continuing employees hired prior to January 1, 2021. http://www.leg.state.fl.us/statutes/index.cftn?App Statute&URL=0400- 0499/0448/0448.html 4.59 Florida Statutes section 713.20, Part 1, Construction Liens Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us) 4.60 Florida Statutes section 119.021 Records Retention Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us) 4.61 Florida Statutes section 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cftn?App Statute&URL=0100- 0199/0119/Sections/0119.071.html 4.62 ENTIRE AGREEMENT This Agreement constitutes the entire agreement between COUNTY and SUBRECIPIENT for the use of Funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between COUNTY and SUBRECIPIENT with respect to this Agreement. (Signature Page to Follow) [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 38 O IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: AS TO COUNTY: CRYSTAL K. KINZEL, CLERK , Deputy Clerk Dated: (SEAL) WITNESSES: Witness #1 Signature Witness #1 Printed Name Witness #2 Signature Witness #2 Printed Name Approved as to form and legality: Derek D. Perry Assistant County Attorney Date: [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: RICK LOCASTRO, CHAIRPERSON Date: AS TO SUBRECIPIENT: COLLIER COUNTY HOUSING AUTHORITY By: Oscar Hentschel, Executive Director Date: Page 39 O PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 Tamiami Trail East, Suite 213, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1— 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this Agreement. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 40 O V� the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Agreement: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an "All Risk" basis, in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee, with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 41 O V� EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: Collier County Housing Authority SUBRECIPIENT Address: 1800 Farm Worker Way, Immokalee, FL 34142 Project Name: Rental Acquisition Project No: CD23-02 _ Payment Request # Total Payment Minus Retainage Period of Availability: October 1, 2023 _ through September 30, 2024 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request (Total expenditures this period minus retaina e, if applicable) $ $ 4. Current Grant Balance (Grant Amount minus previous requests minus today's request) $ $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor (Approval required $14,999 and below) [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) Page 42 O V� EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement and Information System (IDIS). The COUNTY reports information on a quarterly basis. To facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten (10) days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Subreci ient Name: Collier County Housing Authority Date: Project Title: Rental Acquisition IDIS #: Program Contact: Oscar Hentschel Telephone Number: 239 657-3649 Activity Reporting Period Report Due Date October 1 st — December 31 st January 101 January 1 It— March 31 st Aril 10"' April I It — June 30"' jUly 1 Oth Jul 1st — September 301 October 101 REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): ❑12/31/20 ❑ 3/31/20 ❑ 6/30/20 ❑ 9/30/20 Final _/_/20_ Please note: The HUD Program year begins October 1, 2023 — September 30, 2024 . Each quarterly report must include cumulative data beginning from the start of the program year October 1, 2023 La. Please list the outcome goal(s) from your approved application and SUBRECIPIENT Agreement and indicate your progress in meeting those goals since October 1, 2023 . Outcome Goals: list the outcomegoal(s) from your approved application and SUBRECIPIENT Agreement Outcome 1: Acquisition of (1) or more rental property(ies) (maximum 4 units per property) to benefit LMI households. Outcome 2: Achievement of LMH National Objective for a minimum of two households residing in newly ac uired rental roe s . Outcome 3: b. Goal Progress: Indicate the progress to date in meeting each outcome goal. Outcome 1: Outcome 2: Outcome 3: 2. Is this project still in compliance with the original project schedule: Yes ❑ No ❑ If No, Explain: L Since October 1, 2023 ; of the persons assisted, how many... Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes a. ...now have new access(continuing) to this service or benefit? 0 b. ...now have improved access to this service or benefit? 0 C. ...now receive a service or benefit that is no longer substandard? 0 Total 0 4. What funding sources did the SUBRECIPIENT apply for this eriod? Section 108 Loan Guarantee $ CDBG $ Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ ESG $ $ HOPWA $ $ Total Entitlement $ [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 43 O V� Funds 5. What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if applicable? Answer question 5a or 5b; NOT both For LMC activities: people, race/ethnicity, and income data are reported by persons. For LMH activities: households, race/ethnicity, and income level are reported by households, regardless the number of persons in the household. a. Total No. Persons/Adults 0 Total No. persons served under 18 0 served LMC LMC Quarter Total No. of Persons 0 Quarter Total No. of Persons 0 b. Total No. of Households 0 Total No. of female head of household 0 served (LMH) 6. What is the total number of UNDUPLICATED clients served since October, if applicable? Answer question 6a or 6b, NOT both For LMC activities: race/ethnicity and income data are reported by persons. a. Total No. Persons/Adults 0 Total No. Persons served under 18 0 served LMC LMC YTD Total: 0 YTD Total 0 b. Total No. Households 0 Total No. female head of household (LMH) 0 served LMH YTD Total 0 YTD Total 0 Complete EITHER question 7 or 8, NOT both Complete question 7a and 7b if your program only 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 ug arter who fall into each presumed benefit persons served since October 1 who fall into each category (the total should equal the total in question #6a presumed benefit category (the total should equal the or 6b): total in question #6a or 6b): a Presumed Benefit Activities Onl LMC QTR b Presumed Benefit Activities Only LMC YTD 0 Abused Children ELI 0 Abused Children ELI 0 Homeless ELI 0 Homeless Person ELI Person 0 Migrant Farm LI 0 Migrant Farm Workers LI Workers 0 Battered LI 0 Battered Spouses LI Spouses 0 Persons LI 0 Persons w/HIV/AIDS LI w/HIV/AIDS 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults LI 0 Illiterate Adults LI 0 Severely LI 0 Severely Disabled Adults LI Disabled Adults 0 Quarter Total 0 YTD Total 18. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category Indicate the total number of UNDUPLICATED ersons served since October 1 YTD who fall into [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 44 O V� 19. (the total should equal the total in question #6): each income category (the total should equal the total in question #6): a ELI Extremely Low 0 b ELI Extremely Low 0 Income 0-30% Income 0-30% LI Low Income (31- 0 LI Low Income 0 50% MOD Moderate Income 0 MOD Moderate Income 0 51-80% 51-80% NON-L/M Above Moderate 0 NON-L/M Above Moderate 0 Income >80% Income >80% Quarter Total 0 YTD Total 0 Is this project in a Low/Mod Area (LMA)? YES NO Was project completed this quarter? YES NO If yes, complete all of this section 9. Date project completed Block Group Census Tract Total Beneficiaries Low/Mod Beneficiaries Low/Mod Percentage 0 0 0 0 0 Date LMA Narrative approved by CHS? What documentation supports project completion? (i.e., Certificate of Completion or Certificate of Occupancy, etc. 10. Racial & Ethnic Data (if applicable) Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients clients served this Quarter fall into each race served since October (YTD) fall into each race category. In category. In addition to each race category, please addition to each race category please indicate how many indicate how many persons in each race category persons in each race category consider themselves consider themselves Hispanic. (Total Race column Hispanic. (Total Race column should equal the total in should equal the total in question 6.question 6. a. RACE ETHNICITY b. RACE ETHNICITY /HISPANIC /HISPANIC White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 American Indian/Alaska Native 0 0 American Indian/Alaska 0 0 Native Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific 0 0 Islander Black/African American & White 0 0 Black/African American & 0 0 White American Indian/Alaska Native & 0 0 American Indian/Alaska 0 0 Black/African American Native & Black/African American Other Multi -racial 0 0 Other Multi -racial 0 0 0 0 0 0 I hereby certify the above information is true and accurate. Name: Signature: Title: Your typed name here represents your electronic signature [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 45 O V� [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 46 O V� EXHIBIT C-1 Community Development Block Grant (CDBG) Leveraged Funds Report Leveraged Funds must be identified, tracked, and verifiable. Resources must be fully identified and described as submitted with SUBRECIPIENT's application. Subrecipient Name: Collier County Housing Authority Report Period: Fiscal Year: Contract Number: Program: Contact Name: Contact Number: CD 23-02 CDBG Oscar Hentschel 239-657-3649 Leveraged Funds See EXAMPLE below for how to complete this form. Source Amount Type Use Total Project Cost Ratio: EXAMPLE Source Amount Type Use CDBG $1,000,000 Other Federal Funds Land Acquisition HOME $870,000 Federal Funds Infrastructure Private Donation $1,200,000 Cash & In -Kind Infrastructure Philanthropic $3,500,000 Cash — local funds 52 units Affordable Housing Total Project Cost $6,570,000 Ratio: $1 Federal Dollar $2.51 Local Funds [Signature Page to Follow] [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 47 O V� I hereby certify the above information is true and accurate. Signature: Date: Printed Name: Title: Your typed name here represents your electronic signature. [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 48 O V� EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete this form and retain appropriate supporting documentation proving CDBG to the COUNTY, to the COUNTY, assistance to an eligible beneficiary. Please retain in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names — All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets B b 0.00 If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave blank. B(c) [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 49 O V� C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages / Salaries (include tips, commissions, bonuses, and overtime) Benefits / Pensions Public Assistance Other Income Asset Income (Enter the greater of box B(b) or 1 box B(c), 2 above, in 3 box C(e) below) 4 5 6 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 0.00 0.00 Enter total of items C(a) through C(e). This amount is the Annual Anticipated Household Income. 0.00 D. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. I/we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. Uwe certify that the statements are true and complete to the best of my/our knowledge and belief, and are given under penalty of perjury. WARNING: Florida Statutes Chapter 817, 18 U.S.C. § 1001 and 31 U.S.C. § 3729 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under Sections 775.082 and 775.083, Florida Statutes. 31 U.S.C. 3729 - False claims - Document in Context - USCODE-2010-title3l-subtitleIII-chap37-subchapIII-sec3729 (govinfo.gov) Signature of Head of Household Signature of Spouse or Co -Head of Household Adult Household Member (if applicable) Adult Household Member (if applicable) [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Date Date Date Date Page 50 O V� E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s) constitute(s) a: ❑ Extremely Low -Income (ELI) Household means and individual or family whose annual income does not exceed 30/501}i of the Very Low -Income (60 percent of VLI) percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ Very Low -Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ Low -Income (LI) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Based on the (year) income limits for the Naples -Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Printed Name F. Household Data Title Date Number of Persons By Race / Ethnicity By Age American Native Other Indian Asian Black Hawaiian or White 0 —25 26 —40 41 —61 62+ Other Pac. Islander Hispanic Non - Hispanic NOTE: Information concerning the race or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information, and refusal to give such information will not affect any right he or she has to the CDBG program. [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition Page 51 O EXHIBIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of Federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding the organization's compliance. In determining Federal awards expended in a fiscal year, the subrecipient must consider all sources of Federal awards, based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act Statute 215.97 requirements Subrecipient Name Collier County Housing Authority First Date of Fiscal Year MM/DD/YY Last Date of Fiscal Year MM/DD/YY Total Federal Financial Assistance Expended 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 [23-SOC-01041/1796861/1] COLLIER COUNTY HOUSING AUTHORITY CD23-02 Rental Acquisition 06/18 Page 52 FAIN # M-18-UC-12-0217 M-21-UC-12-0217 Federal Award Date October 2018 and September 2021 Federal Award Agency HUD CFDA Name Home Investment Partnerships (HOME) CFDA/CSFA# 14.239 Total Amount of Federal Funds Awarded $344,251.78 Subrecipient Name Collier County Housing Authority UEI# WHDZXBD56QL1 FEIN 59-1490555 R&D No Indirect Cost Rate No Period of Performance October 1, 2023-September 30, 2025 Fiscal Year End September 30 Monitor End: December 2025 AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HOUSING AUTHORITY Tenant Based Rental Assistance (TBRA) THIS AGREEMENT is made and entered into this llth day of July , 2023 by and between Collier County, a political subdivision of the State of Florida, ("COUNTY") having its principal address as 3339 Tamiami Trail East, Suite 213, Naples, FL 34112, and COLLIER COUNTY HOUSING AUTHORITY ("SUBRECIPIENT") a quasi -governmental agency established by Florida Statutes chapter 421 existing under the laws of the State of Florida, having its principal office at 1800 Farm Worker Way, Immokalee, FL 34142. WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME) Program funds from the United States Department of Housing and Urban Development (HUD) as provided by the Cranston -Gonzalez National Affordable Housing Act, as amended; and WHEREAS, the Board of County Commissioners of Collier County (Board) approved the Collier County Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2023-2024 for the HOME Program on July 11, 2023 -Agenda Item #16.D. ; and WHEREAS, HUD has approved the County's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2023-2024 for the HOME Program and the use of the HOME funds for the activities identified in the Plan; and WHEREAS, the COUNTY and SUBRECIPIENT desire to provide the activities specified in this Agreement, in accordance with the approved One -Year Action Plan; and Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 1 �O V WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the HOME Program as a valid and worthwhile County purpose. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, the Parties agree as follows: PART SCOPE OF WORK SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing HOME Funds, as determined by Collier County Community & Human Services (CHS), perform the tasks necessary to conduct the program as follows: Project Name: Tenant Based Rental Assistance (TBRA) Description of project and outcome: The HOME Tenant Based Rental Assistance (TBRA) project will serve approximately 20 households with rent payments, utility and/or security deposits. Project Component One: Rental assistance which may include but is not limited to rent payments, utility and/or security deposits. Project Component Two: Project Delivery which may include personnel salaries. 1. Project Tasks: a. Maintain documentation on all households served, in compliance with 24 CFR 576.500 b. Provide quarterly reports on meeting HOME Eligible Activity c. Required attendance by a representative of SUBRECIPIENT Executive Management, at each Partnership Meeting 1.1 SPECIAL GRANT CONDITIONS A. Within sixty (60) calendar days of execution of this Agreement, SUBRECIPIENT must deliver to CHS for approval, detailed tenant selection policies and criteria. B. SUBRECIPIENT must submit the following resolutions and policies within sixty (60) days of the execution of this Agreement: ® Affirmative Fair Housing Policy Z Affirmative Action/ Equal Opportunity Policy ® Marketing Plan Z Conflict of Interest Policy (COI) and related COI Forms ® Procurement Policy ❑ Uniform Relocation Act Policy Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 2 �O Sexual Harassment Policy ❑ Section 3 Policy ® Section 504/ADA Policy ❑ Fraud, Waste, and Abuse Policy ® Violence Against Women Act (VAWA) Policy ❑ LGBTQ Policy Z Language Assistance and Planning Policy (LAP) ❑ Limited English Proficiency Policy (LEP) ❑ Capital Need Assessment Plan ❑ Program Income Reuse Plan ® Tenant Policy Manual C. Limited English Proficiency — Persons who, as a result of national origin, do not speak English as their primary language and who have limited ability to speak, read, write, or understand English ("limited English proficient persons" or "LEP persons") may be entitled to language assistance under Title VI of the Civil Rights Act of 1964 (Title VI) in order to receive a particular service, benefit, or encounter. In accordance with Title VI and its implementing regulations, SUBRECIPIENT agrees to take reasonable steps to ensure meaningful access by LEP persons to activities funded with HOME Funds. Any of the following actions could constitute "reasonable steps," depending on the circumstances: acquiring translators to translate vital documents, advertisements, or notices; acquiring interpreters for face-to-face interviews with LEP persons; placing advertisements and notices in newspapers that serve LEP persons; partnering with other organizations that serve LEP populations to provide interpretation, translation, or dissemination of information regarding the project; hiring bilingual employees or volunteers for outreach and intake activities; contracting with a telephone line interpreter service; etc. D. Environmental Review Requirement (ERR) - This Agreement does not constitute a commitment of Funds or site approval. The commitment of Funds or site approval may occur only upon satisfactory completion of environmental review executed by the COUNTY and either (i) the determination that the project is Exempt or (ii) the COUNTY's receipt of an approved request for release of funds and certification from HUD, under 24 CFR Part 58. The provision of any funds to the project is conditioned on the COUNTY's determination to proceed with, modify, or cancel the project based on the results of the environmental review. No program costs can be incurred until an environmental review of the project is completed and approved by the COUNTY. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to CHS issuance of the Notice to Proceed (NTP) letter. Violation of this provision may result in the termination of this subaward and/or the denial of any reimbursement of funds under this Agreement. E. Annual Subrecipient Training —All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement shall attend the CHS-sponsored Annual Subrecipient Fair Housing training, except those who attended the training in the previous year. In addition, at least one staff member shall attend all other CHS-offered Subrecipient training relevant to the Project, as determined by the Grants Coordinator, not to exceed four (4) sessions. Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 3 �O V 1.2 PROJECT DETAILS A. Project Description/Project Budget: The TBRA Program: a. Helps individual households b. Can be used in a unit chosen by the tenant, and moves with the tenant c. Rental Subsidy is based on the income of the household, the particular unit the household selects, and Collier County rent standards FY2019-2020 and FY2021-2022 Action Plan identified and approved the Project to perform the tasks necessary to conduct the program as follows: Tenant Based Rental Assistance Federal Funds Match Liability Project Component 1: Rental assistance which may include but is not limited to rent payments, utility and/or security deposits. $309,826.60 Project Component 2: Project Delivery which may include personnel salaries. $34,425.18 HOME Match Requirement — 25% WAIVED Grant Total $344,251.78 WAIVED SUBRECIPIENT will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ® Maintain beneficiary income certification documentation, and provide to the COUNTY as requested ❑ Provide Quarterly Reports on project progress and meeting outcomes ® Provide Quarterly Leverage Funds Report ® Ensure attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS ❑ Ensure attendance by SUBRECIPIENT and General Contractor at Pre - Construction meetings, prior to SUBRECIPIENT issuing Notice to Proceed (NTP) to contractor ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation ❑ Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Submit Change Orders for CHS approval prior to SUBRECIPIENT authorizing work. ❑ Comply with Davis -Bacon Act Labor Standards and maintain supporting documentation ❑ Comply with Section 3 reporting requirements and maintain supporting documentation ❑ Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act (URA), if applicable ❑ Ensure applicable numbers of units are Section 504/ADA accessible Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 4 �O V ❑ Ensure the applicable affordability period for the project is met B. Income Requirements Income requirements for Tenant Based Rental Assistance under this Agreement shall comply with 24 CFR 92.216; 90 percent of tenants served must have an annual income at or below 60 percent of the HUD established median family income for Collier County, as adjusted for family size, at the time of occupancy or the time Funds are invested, whichever is later. The remaining 10 percent of tenants served may have an annual income of up to 80 percent of the HUD established median family income for Collier County, as adjusted. Participants must be certified initially and re -certified annually. Income eligibility of participants will be validated during interim monitoring and at close out. C. Performance Deliverables The Following Table Details the Project Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Insurance Insurance Certificate, Exhibit A Within thirty (30) days of Agreement execution and within thirty (30) days of renewal Special Grant Condition Policies as stated in this Within sixty (60) days of Policies Section 1.1 Agreement Agreement Execution Detailed Project Schedule Project Schedule N/A Project Plans and Specifications Site Plans and Specifications N/A Procurement Documents (Bid List does here N/A Packet)* Subcontractor Log Subcontractor Log N/A HQS Inspections Inspection Form Prior to Occupancy and annuall thereafter Income Certification Exhibit D Maintained in Documentation SUBRECIPIENT's client file and validated at Interim and Closeout Monitoring Davis-Bacon/Certified Payroll Certified Payroll N/A Documentation Project Performance Progress Exhibit C Quarterly, on the 10`h of the Report month, following the end of the quarter and a final report due with last invoice Leverage Funds Report Exhibit C-1 Quarterly, on the 10' of the month, following the end of the quarter and a final report due last invoice Annual Audit Monitoring Exhibit E Annually within 60 days after Report FY end. Financial and Compliance Audit Audit, Management Letter, and Annually nine (9) months for Supporting Documentation Single Audit OR one hundred eighty (180) days after FY end Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 5 �O V Tenant Leases Copy of lease document Prior to occupancy Occupancy and Tenant Income Summary of Tenant Income and N/A Report and Rental Rate Report Income Limit, Rent and Rent Limit, by unit Rent Roll Operating Expense Report Actual vs. Budget, revenue and N/A expense report and all supporting documentation, as requested Maintenance Plan Maintenance Policy Manual N/A Maintenance Agreement Executed Agreement N/A Capital Needs Assessment Plan Plan approved by the COUNTY N/A Program Income Re -use Plan Planned use of program- N/A generated income SUBRECIPIENT's Notice to Proceed may be withheld if procurement deliverables are not submitted in a timely manner, as stated in Section 1.2.C, Performance Deliverables. SUBRECIPIENT must submit to the COUNTY for approval all Change Orders required during the project. Failure to submit Change Orders in a timely manner, may result in delay or withholding of payment, as well as, a cease work order until all change orders have been reviewed and approved, at which time a new Notice to Proceed will be issued. D. Payment Deliverables The Following Table Details the Payment Deliverables Payment Deliverable Payment Supporting Submission Schedule Documentation Project Component One: Rental Submission of supporting Monthly, by the 30' of the assistance which may include but documents must be provided as month following the month of is not limited to rent payments, backup as evidenced completed service utility and/or security deposits tenant lease (upon initial submission only) utility deposit invoice, cancelled check/ACH banking documents and any additional documents as requested. Project Component Two. Project Submission of supporting Monthly, by the 30t' of the Delivery which may include documents must be provided as month following the month of personnel -salaries backup as evidenced by service timesheets, payroll register, bank statements and any additional documents as requested. HOME Match Requirement Documentation of HOME Eligible Matching Funds Monthly Match: Provided by COUNTY E. Project Location 1. The tenant can choose the neighborhood they want to live in. 2. The tenant can choose the type of housing and specific housing unit. 3. The tenant can move to other housing, as needed. TBRA funds can be used outside Collier County if Fair Market Rents or unit size is not available in Collier County. Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 6 �O V 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall begin on October 1, 2023 and end on September 30, 2025. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which SUBRECIPIENT remains in control of HOME Funds or other HOME assets, including program income. 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, following receipt of SUBRECIPIENT's written request submitted at least 30 days prior to agreement period of performance end date. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. In any event, 24 CFR 92.205(e)(2) requires the termination of projects not completed within four (4) years of the commitment date. The commitment date for this Agreement shall be the date of final execution. Project completion occurs when: • All necessary title transfer requirements and construction work have been completed, if applicable; • Project complies with HOME requirements, including property standards; • Final drawdown of HOME Funds has been disbursed; and • Project completion information has been entered in IDIS, except for rental projects, project completion occurs upon construction completion and before occupancy. DURATION OF AGREEMENT The duration of this SUBRECIPIENT Agreement is as follows: Agreement Effective Date October 1, 2023 Agreement Termination Date September 30, 2025 Deadline for Receipt of Final Reimbursement Request December 30, 2025 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available THREE HUNDRED FORTY-FOUR THOUSAND TWO HUNDRED FIFTY ONE DOLLARS AND SEVENTY EIGHT CENTS ($344,251.78) for use by SUBRECIPIENT, during the term of the Agreement (hereinafter, referred to as the Funds). This Agreement shall remain in effect until all HOME Funds and program income are no longer under the control of SUBRECIPIENT. Modifications to the Budget and Scope may only be made, if approved in advance, by the COUNTY. Budgeted Fund shifts between line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only be made with Board approval. The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon completion, or partial completion, of the work tasks as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of HOME Funds until needed for the payment of eligible costs, and all disbursement requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 7 �O V Funds only for allowable costs resulting from obligations incurred during the term of this Agreement. If no work has been performed during month, or if SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to SUBRECIPIENT when requested as work progresses, but not more frequently than once per month. COUNTY will pay SUBRECIPIENT Funds available under this Agreement based on information submitted by SUBRECIPIENT and consistent with any approved budget and COUNTY policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by SUBRECIPIENT, not to exceed actual cash requirements. Payments will be adjusted by CHS in accordance with advance Fund and program income balances available in SUBRECIPIENT accounts. In addition, COUNTY reserves the right to liquidate Funds available under this Agreement for costs incurred by COUNTY on behalf of SUBRECIPIENT. Final invoices are due no later than 90 days after the end of the Agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the Agreement, may not be processed without written authorization from the Grant Coordinator. CHS may withhold any pay request until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements, including timely submission of Performance Deliverables contained in Section 1.2.C. Late submission of deliverables or evidence of project inactivity may cause payment suspension of any open pay requests until the required deliverables are received or substantial proiect progression occurs, as determined by CHS. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice, and in compliance with sections 218.70-218.80, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 MATCH REQUIRED (24 CFR 92.218) Match is required for HOME Funds. SUBRECIPIENT is required to provide match funds from an eligible source throughout a fiscal year, such as contributions to housing activities that qualify as affordable housing under the HOME program. Contributions that have been or will be counted as satisfying a matching requirement of another Federal grant or award may not count as satisfying the matching contribution requirement for the HOME program. Pursuant to Florida Administrative Code 67-37.007, State Housing Initiatives Partnership (SHIP) Program funds may be used as required match for HOME eligible activities. 1.6 LEVERAGE FUNDS Leveraged funds must be identified, tracked, and verifiable in the SUBRECIPIENT's records. Resources must be fully identified and described in the Agreement and the approved budget submitted with the application. Resources must also meet the following criteria to be allowable as leverage: a. Expenditures of leveraged funds or resources are permitted only for eligible activities and allowable costs under the cost principles specified by the OMB Circulars referenced in this Agreement. Expenditures must be necessary and reasonable for proper and efficient accomplishments of project or program objectives. b. Leveraged resources committed on one project may not be used as leverage or match for any other project or program. c. Leveraged resources must represent newly created resources covering expenditures that would not be incurred if the award were not made. Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 8 �O V d. Leveraged resources may not be Federal funds under a different award, except where Federal statute allows their use for cost sharing (such as the Community Development Block Grant program). e. Third -party cash or in -kind contributions offered as leverage require a commitment letter on company letterhead signed by the individual who is in a position to commit the in -kind contribution. The contribution is only allowable if not utilized towards matching dollars. 1.7 COST PRINCIPLES Payments to SUBRECIPIENT are governed by the Federal grant management rules for cost allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.7-Cost Principles) of this Agreement, SUBRECIPIENT is defined as described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under Part I - Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed specifically to the projects referenced in the Scope of Work, as defined in 2 CFR 200.413. SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT's contractors and vendors are conditioned upon compliance with the procurement requirements provided in 2 CFR 200.318-200.327. Allowable costs incurred by Subrecipients and its Contractors shall comply with 2 CFR Subpart E-Cost Principles. SUBRECIPIENT may not be subject to 2 CFR Subpart E; however, the COUNTY is and may impose requirements upon SUBRECIPIENT so that the COUNTY can remain compliant with its obligation to follow 2 CFR 200 Subpart E. SUBRECIPIENT will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. 1.8 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY SUBRECIPIENT Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) ATTENTION: Carolyn Noble, Grant Coordinator Collier County Government Community and Human Services Division 3339 Tamiami Trail East, Suite 213 Naples, Florida 34112 Email: Carolyn.Noble@colliercountyfl.gov Telephone: (239) 450-5186 ATTENTION: Oscar Hentschel, Executive Director Collier County Housing Authority 1800 Farm Worker Way Immokalee, FL 34142 Email: ohentschelkcchafl.org Telephone: (239) 657-9649 Page 9 �O V Remainder of Page Intentionally Left Blank Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 10 �O V PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit E) no later than 60 days after SUBRECIPIENT'S fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a financial and compliance Single Audit report, Management Letter, and supporting documentation nine (9) months (or audited financial statements, one hundred eighty (180) days for Subrecipients exempt from Single Audit) after the SUBRECIPIENT' S fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after receipt of the report. SUBRECIPIENT's failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in withholding of future payments. SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current COUNTY policy concerning subrecipient audits and 2 CFR 200.501. Federal award amounts expended shall be determined in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 92.508 to determine compliance with the requirements of this Agreement, the HOME Program, and all other applicable laws and regulations. This documentation includes, but is not limited to, the following: A. All records required by HOME regulations. B. SUBRECIPIENT shall maintain public records that ordinarily and necessarily would be required by COUNTY to perform the service. C. SUBRECIPIENT shall make available to the COUNTY or CHS, at any time upon request, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, that sufficiently and properly reflect all revenues and expenditures of Funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. D. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall maintain all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for five (5) years after the date of submission of the final performance and evaluation report, as prescribed in 24 CFR Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 11 �O V 92.508(c). However, if any litigation, claim, or audit is started before the expiration of the five (5) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If SUBRECIPIENT ceases to exist after closeout of this Agreement, SUBRECIPIENT shall inform the COUNTY, in writing, of the address where the records are to be kept, as outlined in 2 CFR 200.337. SUBRECIPIENT will meet all requirements for retaining public records and transfer to COUNTY at no cost, all public records in possession of the SUBRECIPIENT upon termination of the Agreement and destroy any duplicate, exempt, or confidential public records that are released from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY's information technology systems. IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, IT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-26799 Michael.Brownlee(acolliercountyfl.gov, 3299 Tamiami Trail East, Naples, FL 34112. E. For rental housing projects, records must be retained for three (3) years after the project completion date; however, records of individual tenant income certification, project rents, and project inspections for the most recent five-year period must be retained until five (5) years after the end of the affordability period. For tenant -based rental assistance projects, records must be retained for five years after the period of rental assistance terminates. F. SUBRECIPIENT is responsible for the creation and maintenance of income eligible files on clients served, and documentation that all households are eligible under HUD Income Guidelines. SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT's compliance. G. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records, and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public records, that are released from public records disclosure requirements, are not disclosed except as authorized by 2 CFR 200.337 and 2 CFR 200.338. 2.3 MONITORING SUBRECIPIENT agrees that CHS may carry out no fewer than one (1) annual on -site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, it may impose a reasonable monitoring charge. Fees are based on average staff time and cost of materials. Ongoing monitoring fees may be included in the project underwriting. In addition, the COUNTY shall conduct inspections every three (3) years in accordance with 24 CFR 92.504(d)(1) at a minimum, and Housing Quality Standards (HQS) inspections shall be completed in accordance with 24 CFR 92.209(i). Also, at the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. SUBRECIPIENT shall, upon the request of CHS, submit Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 12 �O V information and status reports required by CHS or HUD to enable CHS to evaluate said progress and allow for completion of required reports. SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by CHS or HUD. At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit all records, documentation, and any other data relating to all matters covered by the Agreement. The COUNTY will monitor the performance of SUBRECIPIENT in an attempt to mitigate fraud, waste, abuse, or non-performance based on goals and performance standards, as stated with all other applicable laws, regulations, and policies governing the Funds provided under this Agreement, further defined by 2 CFR 200.332. Substandard performance, as determined by CHS, will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable time period after being notified by CHS, Agreement suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and provide proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events are to be clearly documented, and the documentation shall be readily available for monitoring by CHS. SUBRECIPIENT shall give COUNTY complete access to all its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent fraud, waste, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or any law or regulation to the COUNTY, or any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failure to implement or to make acceptable progress on such corrective action plans. To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. The escalation policy for noncompliance is as follows: 1. Initial noncompliance may result in CHS issuing Findings or Concerns to SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action plan to CHS within 10 business days following issuance of the report. Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 13 �O V o Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. o CHS will be available to provide Technical Assistance (TA) to SUBRECIPIENT, as needed, to assist in correcting the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan in a timely manner, CHS may require a portion of the awarded grant amount to be returned to the COUNTY. o CHS may require SUBRECIPIENT to return upwards of 5 percent of the award amount to the COUNTY, at the discretion of the Board. o SUBRECIPIENT maybe considered in violation of Resolution No. 2013-228. 3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected and has been informed by CHS of their substantial noncompliance by certified mail; CHS may require a portion of the awarded grant amount, or the amount of the HOME investment for acquisition of the properties conveyed, to be returned to the COUNTY. o CHS may require SUBRECIPIENT to return upwards of 10 percent of the award amount to the COUNTY, at the discretion of the Board. o SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. 4. If after repeated notification, SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend the Agreement or award be terminated. o CHS will make a recommendation to the Board to immediately terminate the Agreement. SUBRECIPIENT will be required to repay all Funds disbursed by the COUNTY for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of the properties or other activities. o SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. If SUBRECIPIENT has multiple agreements with the COUNTY and is found to be noncompliant, the above sanctions may be imposed across all awards, at the Board's discretion. 2.6 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. Reports showing lack of project activity may result in withholding of payment or issuance of a Notice of Noncompliance. During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10t' day of January, April, July, and October, respectively, for the prior quarter period end. As part of the report submitted in October, SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed -upon Program objectives, activities, and expenditures including but not limited to, performance data on client feedback with respect to the Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 14 �O V goals and objectives set forth in Exhibit C, which contains an example reporting form to be used in fulfillment of this requirement. Additionally, all leveraged funds utilized in support of this project will be submitted on Exhibit C-1. Other reporting requirements may be imposed by the County Manager or their designee in the event of Program changes, the need for additional information or documentation arises, and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. Remainder of Page Intentionally Left Blank Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 15 �O V PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. SUBRECIPIENT shall cause all provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. 3.2 GENERAL COMPLIANCE SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 92 (the U. S. Housing and Urban Development regulations concerning HOME Investment Partnerships Program Grants (HOME), including subpart H, except that (1) SUBRECIPIENT does not assume the COUNTY's environmental responsibilities described in 24 CFR 93.352, and (2) SUBRECIPIENT does not assume the COUNTY's responsibility for initiating the review process under the provisions of 24 CFR 92.357. The SUBRECIPIENT also agrees to comply with all other applicable laws, regulations, and policies governing the Funds provided under this Agreement. SUBRECIPIENT further agrees to utilize Funds available under this Agreement to supplement, rather than supplant, funds otherwise available. SUBRECIPIENT is prohibited from using Funds provided herein, or personnel employed in the administration of the program for political activities, inherently religious activities, lobbying, political patronage, and nepotism activities. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner as creating or establishing the relationship of employer/employee between the parties. SUBRECIPIENT shall always remain an independent contractor with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is Independent from the COUNTY. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY's Board. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or Local governmental guidelines, policies, available funding amounts, or other reasons. If such amendments result in a change in the funding, the scope of service, or schedule of activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 16 �O V 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from HUD provided HOME grant funds and must be implemented in full compliance with all HUD rules and regulations and any agreement between the COUNTY and HUD governing HOME Funds pertaining to this Agreement. In the event of curtailment or non -production of said Federal Funds, or the reduction of Funds awarded by HUD to the COUNTY, to a level that the County Manager determines to be insufficient to adequately administer the project, the financial resources necessary to continue to pay SUBRECIPIENT all or any portion of the Funds will not be available. In that event, the COUNTY may terminate this Agreement, which shall be effective as of the date it is determined by the County Manager or designee, in his -her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act or omission, including but not limited to, reasonable attorneys' and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies that otherwise may be available to an indemnified party or person described in this paragraph. SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith, defend all suits in the name of the COUNTY, and pay all costs (including attorney's fees) and judgments that may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of the COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration or termination of this Agreement. 3.7 GRANTOR RECOGNITION/SPONSORSHIPS SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the Program sponsorships, research reports, and similar public notices, whether printed or digitally, it prepares and releases for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of SUBRECIPIENT. This design concept is intended to disseminate key information to the general public regarding the development team, as well as Equal Housing Opportunity. If this Agreement results in any copyrightable material or inventions, CHS and/or the COUNTY reserve the right to royalty -free, non-exclusive, and Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 17 �O V irrevocable license to reproduce, publish, or otherwise use; and to authorize others to use the work or materials for governmental purposes. 3.8 SUSPENSION AND DEBARMENT SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by a Federal Department or agency; and that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a suspended or debarred contractor or vendor, as outlined in Executive Orders 12549 (1986) and 12689 (1989), Suspension and Debarment and 2 CFR 200.214, as further detailed in Section 4.18. 3.9 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.341, this Agreement may be terminated for convenience by either the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and in the case of partial terminations, the portion to be terminated. However, in the case of a partial termination, if the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which it was made, the COUNTY may terminate the award in its entirety. This Agreement may also be terminated by the COUNTY if the award no longer effectuates the program goals or grantor agency priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as may become applicable at any time. B. Failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner. C. Ineffective or improper use of Funds provided under this Agreement. D. Submission of reports to the COUNTY, that are incorrect or incomplete in any material respect. E. Submission of any false certification. F. Failure to materially comply with any terms of this Agreement. G. Failure to materially comply with the terms of any other agreement between the COUNTY and SUBRECIPIENT relating to the Project. In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any combination of one or more of the following remedies, in compliance with 2 CFR 200, Appendix II(B): A. Require specific performance of the Agreement, in whole or in part Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 18 �O V B. Require the use of or change in professional property management, if applicable C. Require immediate repayment to the COUNTY all HOME funds SUBRECIPIENT has received under this Agreement D. Apply sanctions set forth in 24 CFR 92, if determined by the COUNTY to be applicable E. Stop all payments until identified deficiencies are corrected F. Terminate this Agreement by giving written notice to SUBRECIPIENT specifying the effective date of such termination. If the Agreement is terminated by the COUNTY as provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. 3.10 REVERSION OF ASSETS Upon termination or expiration of the Agreement, in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity), if SUBRECIPIENT has not provided the required end use beneficiaries, SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of HOME funds. The COUNTY's receipt of any Funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the Funds, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 92.504(c)(2)(vii). All program assets (unexpended program income, property, equipment, etc.) shall revert to CHS upon termination of this Agreement. 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said insurance shall be carried continuously during SUBRECIPIENT's performance under the Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and Scope of Work (Part I), the Uniform Administrative Requirements for Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq), and the Federal regulations for the HOME funds (24 CFR 92 et seq.). 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards at (2 CFR 200.318 through 2 CFR 200.327) and Collier County's purchasing thresholds. All purchasing for goods and services, including capital equipment, shall be made by purchase order or a written contract in conformity with the thresholds of Collier County Purchasing Policy. Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 19 �O V Range: Competition Required $0 - $50,000 3 Written Quotes $50,001+ Formal Solicitation ITB, RFP, etc. All improvements specified in Part I, Scope of Work shall be performed by SUBRECIPIENT employees, or put out to competitive bidding, under a procedure acceptable to the COUNTY and Federal requirements. SUBRECIPIENT shall enter into contracts for improvements with the lowest, responsible and responsive bidder. Contract administration shall be handled by SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. In accordance with 24 CFR parts 570.202(b)(3) & 570.202(b)(4), to the greatest extent practicable, SUBRECIPIENT shall procure products, similar to Energy Star and Water Sense products and appliances, that increase the effective use of energy and water in structures. In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall procure, acquire, or use goods, products or materials produced in the United States. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II (J) and 2 CFR 200.323. 3.14 PROGRAM GENERATED INCOME No Program Income is anticipated. However, if Program Income is derived from the use of HOME Funds disbursed under this Agreement, such Program Income shall be utilized by SUBRECIPIENT for HOME -eligible activities, approved by COUNTY. Any Program Income (as such term is defined under applicable Federal regulations) gained from any SUBRECIPIENT activity funded by HOME funds shall be reported to the COUNTY through an annual Program Income Reuse Plan, utilized by SUBRECIPIENT accordingly, and shall be compliant with 2 CFR 200.307 and 24 CFR 92.503(a), in the operation of the Program. When Program Income is generated by an activity that is only partially assisted with HOME funds, the income shall be prorated to reflect the percentage of HOME funds used. If there is a Program Income balance at the end of the Program Year, such balance shall revert to the COUNTY's HOME Grant Program, for further reallocation. 3.15 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during the closeout period shall include but are not limited to making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in section 2.2 (Records and Documentation) of this Agreement, SUBRECIPIENT shall comply with section 119.021, Florida Statutes, regarding records maintenance, preservation, and retention. A conflict between state and federal records retention requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. Any balance of unobligated funds that have been advanced or paid must be returned to the COUNTY. Any funds paid exceeding the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that comply with section 215.97, Florida Statutes, the Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.344. Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 20 Q 0 3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE SUBRECIPIENT agrees that no person shall be excluded from the benefits of or subjected to discrimination under any activity carried out by the performance of this Agreement based on race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower -income residents of the project area shall be given opportunities for training and employment. In addition, eligible business concerns located in, or owned in substantial part, by persons residing in the project area shall be awarded contracts in connection with the project. SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES SUBRECIPIENT will use its best efforts to afford small businesses and minority and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and "minority and women's business enterprise" means a business that is at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Black Americans, Hispanic Americans, Asian/Pacific Americans, Native Americans, and Hasidic Jews. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.18 PROGRAM BENEFICIARIES HOME Program TBRA funding is limited to low-income households (below 80 percent of Area Medium Income (AMI)). However, HUD has further targeted very -low-income households (at or below 60 percent of AMI), per 24 CFR 92.216(a). As such, 90 percent of eligible households receiving TBRA funding under this Agreement must be at or below 60 percent of AMI and 10 percent of eligible households may have a household income of up to 80 percent of AMI, adjusted for family size. Assistance must be provided for at least one year but not more than two years, per 24 CFR 92.209(e). 3.19 AFFIRMATIVE ACTION SUBRECIPIENT agrees that it shall be committed to carrying out an Affirmative Action Program, pursuant to the COUNTY's specifications in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. Prior to the award of Funds, SUBRECIPIENT shall submit to the COUNTY for approval an Affirmative Action Program plan. SUBRECIPIENT shall update the Affirmative Action Plan throughout the affordability period, as needed, and submit it to the COUNTY within 60 days of any update/modification. 3.20 FEES Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 21 Q 0 SUBRECIPIENT agrees that it shall not charge servicing, origination, or other fees for the purpose of covering costs of administering the HOME program, except as permitted by 24 CFR 92.214(b)(1). 3.21 CONFLICT OF INTEREST SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any direct or indirect personal financial interest in the Project areas or any parcels therein that would conflict in any manner or degree with the performance of this Agreement and SUBRECIPIENT shall not employ or subcontract any person having a conflict of interest for this project. SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 92.356(f) "Conflict of Interest," 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. Any possible conflict of interest on the part of SUBRECIPIENT or its employees shall be disclosed in writing to CHS provided, however, that this section shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low- and moderate -income residents of the project target area. SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned, in whole or in part, by a covered person or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure the contractor is qualified and the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self -manage the projects using its own employees. 3.22 RELIGIOUS ORGANIZATIONS HOME funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 92.257. SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment and will not limit or give preference in employment to persons based on religion. b. It will not discriminate against any person applying for public services and will not limit such services or give preference to persons based on religion. c. It will retain its independence from Federal, State, and local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that it does not use direct HOME Funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. d. The Funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, HOME Funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to HOME Funds in this part. Sanctuaries, chapels, or other rooms that a HOME funded religious Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 22 Q 0 congregation uses as its principal place of worship, however, are ineligible for HOME funded improvements. 3.23 INCIDENT REPORTING If services to clients are provided under this Agreement, SUBRECIPIENT and any subcontractors shall report to CHS, knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person. During the term of this Agreement, SUBRECIPIENT must report to the COUNTY in writing, within one business day of occurrence, any substantial, controversial, or newsworthy incidents. The Collier County Standard Subrecipient Incident Report Form shall be used to report all such incidents. 3.24 SEVERABILITY Should any provision of the Agreement be determined unenforceable or invalid, such determination shall not affect the validity or enforceability of any other section or part thereof. 3.25 BYRD ANTI -LOBBYING AMENDMENT Each tier certifies that the tier above it will not, and has not, used Federally appropriated Funds to pay any person or organization for influencing or attempting to influence the award of Federal Funds, as covered by 31 USC 1352, and more fully described in Section 4.54 of this Agreement. Contractors who apply or bid for an award of $100,000 or more shall file the required certification. 3.26 MISCELLANEOUS SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. SUBRECIPIENT represents and warrants that the financial data, reports, and other information it furnished to the COUNTY regarding the Project are accurate and complete, and financial disclosures fairly represent the financial position of SUBRECIPIENT. SUBRECIPIENT understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the COUNTY's or SUBRECIPIENT's responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service and, in case of a minor, that of a responsible parent/guardian. SUBRECIPIENT certifies that it has the legal authority to receive the funds under this Agreement and its governing body has authorized the execution and acceptance of this Agreement. SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind SUBRECIPIENT to the terms of this Agreement. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida, without giving effect to its provisions regarding choice of laws. Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 23 �O V All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all applicable federal, state, and municipal laws, ordinances, regulations, orders, and guidelines, including but not limited to any applicable regulations issued by the COUNTY. Electronic Signatures. This Agreement, and related documents entered into in connection with this Agreement, are signed when a parry's signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. 3.27 WAIVER The COUNTY' S failure to act with respect to a breach by SUBRECIPIENT does not waive its right to act with respect to subsequent or similar breaches. The COUNTY'S failure to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. Remainder of Page Intentionally Left Blank Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 24 Q 0 PART IV GENERAL PROVISIONS 4.1 24 CFR 92 as amended- All the regulations regarding the HOME program https://www.ecfr.gov/current/title-24/subtitle-A—/part-92 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: https://www.ecfr.gov/current/title-24/subtitle-Apart-58?toc=l 4.3 Title II of the Cranston -Gonzalez National Affordable Housing Act (42 U.S.C. 12701 et seq.). Regulations at 24 CFR part 92. Titles 11 and III of the Americans with Disabilities Act, which prohibit you from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. sections 12131-12189), as implemented by Department of Justice regulations at 28 C.F.R. parts 35 and 36, and Department of Transportation regulations at 49 C.F.R. parts 37 and 38. Titles II and III of the Americans with Disabilities Act, which prohibit you from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. sections 12131-12189), as implemented by Department of Justice regulations at 28 C.F.R. parts 35 and 36, and Department of Transportation regulations at 49 C.F.R. parts 37 and 38. 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. hops://www.hud.gov/sites/documents/DOC_7771.PDF E.O. 11063 — Equal Opportunity in Housing Executive Order 11063—Equal Opportunity in Housing�I The American Presidency Project ucsb.edu E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs http://www. archives. gov/federal-register/codification/executive-order/ 12259.html 24 CFR Part 107 - Non -Discrimination and Equal Opportunity in Housing under E.O. https://www.law.comell.edu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended ho2s://www.hud.gov/programdescription/title6 4.6 24 CFR 92.202 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. htips://www.law.comell.edu/cfr/text/24/Tart-92 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: http://www.eeoc.gov/eeoc/histoOL/35th/thelaw/eo-I 1246.html EO 11375 and 12086: see item #8 below 4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC section 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. http://www.eeoc.gov/laws/statutes/titlevii.cfin Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 25 Q 0 4.9 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 - http://www.dol.gov/oasam/regs/statutes/age act.htm 11063: Executive Order 11063—Equal Opportunity in Housing I The American Presidency Project (ucsb.edu) 11246:Executive Order 11246 — Equal Employment Opportunity I U.S. Department of Labor dol. ov 11375: Amended by EO 11478 11478: http://www.archives.gov/federal-register/codification/executive-order/I1478.html 12107: hqp://www.archives.gov/federal-register/codification/executive-order/12107.html 12086: http://www.archives.gov/federal-register/codification/executive-order/12086.html 4.10 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 92.251 Section 504: htt2://www.epa.gov/civilrights/sec504.htm 29 USC 776: http://law.onecle.com/uscode/29/776.htm1 4.11 The Americans with Disabilities Act of 1990 https://www.hud.goy/program_ offices/fair_housing equal_opT Americans with Disabilities Act of 1990, As Amended I ADA.gov 4.12 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 — Eminent Domain (usle . a 1�) 4.13 SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 5 Subpart A, as revised by Executive Order 13279. htip://fedgovcontracts.com/j2e02-192.htm 4.14 Public Law 100-430 - the Fair Housing Amendments Act of 1988. STATUTE- 102-P lg 619.12df (govinfo.gov) 4.15 2 CFR 200 et seq — Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title02/2cfr200 main 02.tpl 4.16 2 CFR 216 — Prohibition on certain telecommunications and video surveillance services or equipment. Recipients and Subrecipients are prohibited from obligating or expending loan or grant funds to: 1) procure or obtain funds; 2) extend or renew a contract to procure or obtain; or 3) enter into an contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use(s) covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. 4.17 Immigration Reform and Control Act of 1986 S.1200 - 99th Congress (1985-1986): Immigration Reform and Control Act of 1986 1 Con rg ess.gov I Library of Congress 4.18 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. htt2://www.law.comell.edu/uscode/text/42/7401 Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 26 Q 0 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http://www.law.comell.edu/uscode/text/33/chqpter-26 4.19 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.60), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. http://www. ecfr. gov/cgi-bin/text- idx?c=ecfr&SID=eba40bdb52822d80827a48bced5bOb56&rgn=div8&view=text&node=24:3.1.1. 3.4.11.1.6&idno=24 4.20 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. National Historic Preservation Act of 1966 1 NCSHPO http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr800 main 02.tpl In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state, or local historic property list. National Historic Preservation Act of 1966 1 NCSHPO 4.21 The SUBRECIPIENT certifies that it will provide drug -free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). http://us-code.vlex.com/vid/drug-free-workplace-requirements-contractors-19242870 4.22 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 5 Subpart A and 24 CFR 92.350. 4.23 The SUBRECIPIENT agrees to comply with 2 CFR 200 et seq and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200, et seq. 4.24 2 CFR 216 — Prohibition on certain telecommunications and video surveillance services or equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or grant funds to: 1) procure or obtain; 2) extend or renew a contract to procure or obtain; 3) enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use(s) covered telecommunications equipment or services as a substantial component of any system, or as critical technology as part of any system. 4.25 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, Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 27 Q 0 Section 500. Subrecipients exempt from Single Audit requirements shall submit audited financial statements to the COUNTY one hundred eighty (180) days after the end of the Subrecipients fiscal year. Per 2 CFR 200.345, if this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. eCFR :: 2 CFR Part 200 Subpart F -- Audit Requirements 4.26 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of HOME including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with HOME funds in excess of $25,000, must adhere to the HOME Regulations at 24 CFR 92.353. 42 USC Ch. 61: UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY ASSISTED PROGRAMS (house.gov) http://www.law.comell.edu/cfr/text/49/24. 101 4.27 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.28 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 4.29 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. https://www..og vregs.com/re"lations/eaand/title24 part5_subpartA_section5.106 Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 28 Q 0 4.30 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in section 5.100, required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. https: //www. ecfr. gov/c gi-bin/text- idx?SID=e339ece9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6 htlps://www.law.comell.edu/cfr/text/24/5.1 11 4.31 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 consistently with all nondiscrimination and fair housing requirements. https://www.federalregisg ter.gov/documents/2016/11/16/2016-25888/violence-against-women- reauthorization-act-of-2013-implementation-in-hud-housing-pro . rgrams 4.32 Any rule or regulation determined to be applicable by HUD. 4.33 Limited English Proficiency: SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at: http://www.10.gov. 4.34 Equal Treatment of Faith -Based Organizations: By regulation, HUD prohibits all recipient organizations from using financial assistance from HUD to fund explicitly religious activities. The SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see htips://ojp.gov/about/ocr/partnerships.htm. Discrimination on the basis of religion in employment is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on a case -by -case basis to allow some faith -based organizations to receive HUD funds while taking into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights. 4.35 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. The SUBRECIPIENT agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See https://ojp.gov/about/ocr/pdfs/UseofConviction Advisory..pdf for more details. 4.36 Byrd Anti -Lobbying Amendment (31 U.S.C. section 1352): The SUBRECIPIENT will not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. section 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti -Lobbying Amendment (31 U.S.C. section 1352) and (ii) ensure that its officers, employees, and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 29 �O V 4.37 False Claim, Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds. 4.38 Political Activities Prohibited: None of the funds provided directly or indirectly under this Agreement shall be used for any political activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor any funds provided hereunder shall be utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. 4.39 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD encourages recipients and subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by HUD and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 4.40 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 obligation related to prohibited conduct related to the trafficking of persons are posted at https://ojp.gov/funding/Explore/ProhibitedConduct-Traffickin hg tm. 4.41 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of HUD. 4.42 Prohibition of Gifts to County Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes - http://www.lawserver.com/law/state/florida/statutes/florida statutes chapter112 part _iii Collier County - CMA 5311 Code of Ethics and Anti Fraud.pdf (collier og vnet) 4.43 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. 4.44 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). Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 30 Q 0 4.45 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision -making authority and by COUNTY's staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20t' Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. http://www.flsenate.gov/Laws/Statutes/2010/44.102 4.46 Florida Statutes section 448.095 Employment Eligibility. Per Florida Statutes section 448.095(3), all Florida private employers are required to verify employment eligibility for all new hires beginning January 1, 2021. Eligibility determination is not required for continuing employees hired prior to January 1, 2021. http://www.leg.state.fl.us/statutes/index.cftn?App Statute&URL=0400- 0499/0448/0448.html 4.47 Florida Statutes section 713.20, Part 1, Construction Liens http://www.leg.state.fl.us/Statutes/index.cftn?A M mode=Display_ Statute&URL=0700- 0799/0713/0713.html 4.48 Florida Statutes section 119.021 Records Retention http://www.lawserver.com/law/state/florida/statutes/florida statutes_119-021 4.49 Florida Statutes, section 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cftn?App Statute&URL=0100- 0199/0119/Sections/0119.07.html 4.50 ENTIRE AGREEMENT This Agreement constitutes the entire agreement between COUNTY and SUBRECIPIENT for the use of Funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between COUNTY and SUBRECIPIENT with respect to this Agreement. Remainder of Page Intentionally Left Blank Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 31 �O V PART V HOME Requirements 5.1 Project Requirements for SUBRECIPIENTS - 24 CFR 92.209 The SUBRECIPIENT is required to conform to the following requirements and regulations as stated below: 24 CFR 92.209 Tenant -based rental assistance: Eligible costs and requirements. (a) Eligible costs. Eligible costs are the rental assistance and security deposit payments made to provide tenant -based rental assistance for a family pursuant to this section. Eligible costs also include utility deposit assistance, but only if this assistance is provided with tenant -based rental assistance or security deposit payment. Administration of tenant -based rental assistance is eligible only under general management oversight and coordination at §92.207(a), except that the costs of inspecting the housing and determining the income eligibility of the family are eligible as costs of the tenant -based rental assistance. (b) Tenant selection. The SUBRECIPIENT must select low-income families in accordance with written tenant selection policies and criteria that are based on local housing needs and priorities established in the COUNTY's consolidated plan. (1) Low-income families. Tenant -based rental assistance may only be provided to very low- and low-income families. The SUBRECIPIENT must determine that the family is very low- or low-income before the assistance is provided. During the period of assistance, the SUBRECIPIENT must annually determine that the family continues to be low-income. The SUBRECIPIENT shall retain all documentation on client eligibility by which CHS can validate eligibility during their interim and closeout monitoring. (2) Targeted assistance. (i) The SUBRECIPIENT may establish a preference for individuals with special needs (e.g., homeless persons or elderly persons) or persons with disabilities. The SUBRECIPIENT may offer, in conjunction with a tenant - based rental assistance program, particular types of nonmandatory services that may be most appropriate for persons with a special need or a particular disability. Generally, tenant -based rental assistance and the related services should be made available to all persons with special needs or disabilities who can benefit from such services. Participation may be limited to persons with a specific disability, if necessary, to provide as effective housing, aid, benefit, or services as those provided to others in accordance with 24 CFR 8.4(b)(1)(iv). (ii) The SUBRECIPIENT may also provide a preference for a specific category of individuals with disabilities (e.g., persons with HIV/AIDS or chronic mental illness) if the specific category is identified in the COUNTY's consolidated plan as having unmet need and the preference is needed to narrow the gap in benefits and services received by such persons. Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 32 �O V (iii) Self-sufficiency program. The SUBRECIPIENT may require the family to participate in a self-sufficiency program, as a condition of selection for assistance. The family's failure to continue participation in the self- sufficiency program is not a basis for terminating the assistance; however, renewal of the assistance may be conditioned on participation in the program. Tenants living in a HOME -assisted rental project who receive tenant -based rental assistance as relocation assistance must not be required to participate in a self-sufficiency program as a condition of receiving assistance. (iv) Preferences cannot be administered in a manner that limits the opportunities of persons on any basis prohibited by the laws listed under 24 CFR 5.105(a). For example, a SUBRECIPIENT may not determine that persons given a preference under the program are therefore prohibited from applying for or participating in other programs or forms of assistance. Persons who are eligible for a preference must have the opportunity to participate in all programs of the COUNTY, including programs that are not separate or different. (3) Existing tenants in the HOME -assisted projects. A SUBRECIPIENT may select low-income families currently residing in housing units that are designated for rehabilitation or acquisition under the COUNTY's HOME program. SUBRECIPIENT using HOME funds for tenant -based rental assistance programs may establish local preferences for the provision of this assistance. Families so selected may use the tenant -based assistance in the rehabilitated or acquired housing unit or in other qualified housing. (c) Term of rental assistance contract. The term of the rental assistance contract providing assistance with HOME funds may not exceed 24 months, but may be renewed, subject to the availability of HOME funds. The term of the rental assistance contract must begin on the first day of the term of the lease. For a rental assistance contract between a SUBRECIPIENT and an owner, the term of the contract must terminate on termination of the lease. For a rental assistance contract between a SUBRECIPIENT and a family, the term of the contract need not end on termination of the lease, but no payments may be made after termination of the lease until a family enters into a new lease. (d) Rent reasonableness. The SUBRECIPIENT must disapprove a lease if the rent is not reasonable, based on rents that are charged for comparable unassisted rental units. (e) Tenant protections. The tenant lease must comply with the requirements in §92.253 (a) and (b). (f) Maximum subsidy. (1) The amount of the monthly assistance that SUBRECIPIENT may pay on behalf of a family may not exceed the difference between a rent standard for the unit size established by the COUNTY and 30 percent of the family's monthly adjusted income. (2) The SUBRECIPIENT must establish a minimum tenant contribution to rent. Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 33 �O V (3) The SUBRECIPIENT's rent standard for a unit size must be based on: Local market conditions or the Section 8 Housing Choice Voucher Program (24 CFR part 982). (g) Housing quality standards. Housing occupied by a family receiving tenant -based assistance under this section must meet the requirements set forth in 24 CFR 982.401. The SUBRECIPIENT must have housing units inspected, by a certified HQS inspector, initially and re -inspected annually. The SUBRECIPIENT may not perform HQS inspections on housing units it owns or operates. (h) Security deposits. (1) SUBRECIPIENT may use HOME funds provided for tenant -based rental assistance to provide grants to very low- and low-income families for security deposits for rental of dwelling units when combined with rent under this section. (2) The relevant State or local definition of "security deposit" in the jurisdiction where the unit is located is applicable for the purposes of this part, except that the amount of HOME funds that may be provided for a security deposit may not exceed the equivalent of two month's rent for the unit. (3) Only the prospective tenant may apply for HOME security deposit assistance, although the SUBRECIPIENT will pay the funds directly to the landlord. (i) Program operation. A tenant -based rental assistance program must be operated consistent with the requirements of this section. Additionally, the COUNTY must approve each lease prior to its execution. 0) Use of Section 8 assistance. In any case where assistance under Section 8 of the 1937 Act becomes available, recipients of tenant -based rental assistance under this part will qualify for tenant selection preferences to the same extent as when they received the HOME tenant -based rental assistance under this part. 5.2 Project Requirements for SUBRECIPIENTS - 24 CFR 92.253 The SUBRECIPIENT is required to conform to the following requirements and regulations as stated below: 24 CFR 92.253 Tenant protections and selection. (a) Lease. There must be a written lease between the tenant and the owner of rental housing assisted with HOME funds that is for a period of not less than one year, unless by mutual agreement between the tenant and the owner a shorter period is specified. The lease must incorporate the VAWA lease term/addendum required under § 92.359(e), except as otherwise provided by § 92.359(b) (b) Prohibited lease terms. The lease may not contain any of the following provisions: 1.Agreement to be sued. Agreement by the tenant to be sued, to admit guilt, or to a judgment in favor of the owner in a lawsuit brought in connection with the lease. 2. Treatment of property. Agreement by the tenant that the owner may take, hold, or sell personal property of household members without notice to the tenant and a court decision on the rights of the parties. This prohibition, however, does not apply to an agreement by Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 34 Q 0 the tenant concerning disposition of personal property remaining in the housing unit after the tenant has moved out of the unit. The owner may dispose of this personal property in accordance with State law. 3. Excusing owner from responsibility. Agreement by the tenant not to hold the owner or the owner's agents legally responsible for any action or failure to act, whether intentional or negligent. 4. Waiver of notice. Agreement of the tenant that the owner may institute a lawsuit without notice to the tenant. 5. Waiver of legal proceedings. Agreement by the tenant that the owner may evict the tenant or household members without instituting a civil court proceeding in which the tenant has the opportunity to present a defense, or before a court decision on the rights of the parties. 6. Waiver of a jury trial. Agreement by the tenant to waive any right to a trial by jury. 7. Waiver of right to appeal court decision. Agreement by the tenant to waive the tenant's right to appeal, or to otherwise challenge in court, a court decision in connection with the lease. 8. Tenant chargeable with cost of legal actions regardless of outcome. Agreement by the tenant to pay attorney's fees or other legal costs even if the tenant wins in a court proceeding by the owner against the tenant. The tenant, however, may be obligated to pay costs if the tenant loses. 9.Mandatory supportive services. Agreement by the tenant (other than a tenant in transitional housing) to accept supportive services that are offered. (c) Termination of tenancy. An owner may not terminate the tenancy or refuse to renew the lease of a tenant of rental housing assisted with HOME funds, except for serious or repeated violation of the terms and conditions of the lease; for violation of applicable Federal, State, or local law; for completion of the tenancy period for transitional housing or failure to follow any required transitional housing supportive services plan; or for other good cause. Good cause does not include an increase in the tenant's income or refusal of the tenant to purchase the housing. To terminate or refuse to renew tenancy, the owner must serve written notice upon the tenant specifying the grounds for the action at least 30 days before the termination of tenancy. (d) Tenant selection. An owner of rental housing assisted with HOME funds must comply with the affirmative marketing requirements established by the participating jurisdiction pursuant to § 92.351(a). The owner must adopt and follow written tenant selection policies and criteria that: 1.Limit the housing to very low-income and low-income families; as evidenced by income verification documentation prior to occupancy and annually thereafter to be retained in the SUBRECIPIENT client file and validated by CHS at the interim and closeout monitoring. Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 35 Q 0 2. Are reasonably related to the applicants' ability to perform the obligations of the lease (i.e., to pay the rent, not to damage the housing; not to interfere with the rights and quiet enjoyment of other tenants). 3.Limit eligibility or give a preference to a particular segment of the population. if permitted in its written agreement with the COUNTY (and only if the limitation or preference is described in the COUNTY's consolidated plan). (i) Any limitation or preference must not violate nondiscrimination requirements in § 92.350. A limitation or preference does not violate nondiscrimination requirements if the housing also receives funding from a Federal program that limits eligibility to a particular segment of the population (e.g., the Housing Opportunity for Persons with AIDS program under 24 CFR part 574, the Shelter Plus Care program under 24 CFR part 582, the Supportive Housing program under 24 CFR part 583, supportive housing for the elderly or persons with disabilities under 24 CFR part 891), and the limit or preference is tailored to serve that segment of the population. (ii) If a project does not receive funding from a Federal program that limits eligibility to a particular segment of the population, the project may have a limitation or preference for persons with disabilities who need services offered at a project only if; (A) The limitation or preference is limited to the population of families (including individuals) with disabilities that significantly interfere with their ability to obtain and maintain housing. (B) Such families will not be able to obtain or maintain themselves in housing without appropriate supportive services. (C) Such services cannot be provided in a nonsegregated setting. The families must not be required to accept the services offered at the project. In advertising the project, the owner may advertise the project as offering services for a particular type of disability; however, the project must be open to all otherwise eligible persons with disabilities who may benefit from the services provided in the project. 4. Do not exclude an applicant with a certificate or voucher under the Section 8 Tenant - Based Assistance: Housing Choice Voucher Program (24 CFR part 982) or an applicant participating in a HOME tenant -based rental assistance program because of the status of the prospective tenant as a holder of such certificate, voucher, or comparable HOME tenant -based assistance document. 5. Provide for the selection of tenants from a written waiting list in the chronological order of their application, insofar as is practicable. 6. Give prompt written notification to any rejected applicant of the grounds for any rejection. 7. Comply with the VAWA requirements prescribed in § 92.359. Signature page to follow Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 36 Q 0 IN WITNESS WHEREOF, the SUBRECIPIENT and the COUNTY, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: AS TO THE COUNTY: CRYSTAL K. KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk By: RICK LOCASTRO, CHAIRMAN Dated: (SEAL) Date: WITNESSES: Witness #1 Signature Witness #1 Printed Name Witness #2 Signature Witness #2 Printed Name AS TO THE SUBRECIPIENT: COLLIER COUNTY HOUSING AUTHORITY OSCAR HENTSCHEL, EXECUTIVE DIRECTOR Date: [Please provide Evidence of Signing Authority] Approved as to form and legality: Derek D. Perry Z Assistant County Attorney Vj\�' Date: Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 37 Q 0 PART VI EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 Tamiami Trail East, Suite 213, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1— 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than 100 percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 38 Q 0 area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than 100 percent of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.LM.A. Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 39 Q 0 EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: Collier County Housing Authority SUBRECIPIENT Address: 1800 Farm Worker Way, Immokalee, FL Project Name: TBRA Project No: HM23-01 Payment Request # Total Payment Minus Retainage Period of Availability: through Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request (Total expenditures this period minus retaina e, if applicable) $ $ 4. Current Grant Balance (Grant Amount minus previous requests minus today's request) $ $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor (Approval required $14,999 and below) Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) Page 40 �Q V Exhibit B-1 Match Form Collier County Request for Match SECTION I: REQUEST FOR PAYMENT Subreci Tent Name: Collier County Housing Authority Subreci Tent Address: 1800 Farm Worker Way, Immokalee, FL Project Name: TBRA Project No: HM23-01 Match Re uest # Match Amount Request Today: $0.00 SECTION I: STATUS OF FUNDS 1. Total Match Amount per Agreement $0.00 2. Total Amount of Previous Match Submitted (Insert Amount) $0.00 3. Total Match Amount Awarded Per Agreement Less Total Amount of Previous Match Submitted $0.00 4. Amount of Today's Request (Insert Amount) $0.00 5. Match Balance (Match per Agreement less the Sum of All Match Submitted) $0.00 I certify that this request forpayment/match has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT/DEVELOPER. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor Date Authorizing Grant Accountant Department Director Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 41 Q 0 EXHIBIT C QUARTERLY PERFORMANCE REPORT SUBRECIPIENT shall submit quarterly reports to CHS based on the following schedule. Reports shall be submitted according to this schedule as long as this Agreement is in force. Subrecipient Name: Collier County Housing Authority Report Period: Fiscal Year: Contract Number: HM23-01 Program: TBRA Contact Name: Angela Edison Contact Number: Activity Reporting Period Report Due Date October 1St — December 31St January loth January 1st — March 31 st Aril 10' April 1 st —June 30' July 1011' Jul Ist — September 30th October 10 ' REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 12/31/XX 3/31/XX 6/30/XX 9/30/XX Final: XX/XX/XX Please note: The HUD Program year begins October 1, 2023/2024 — September 30, 2024/2025. Each quarterly repo must include cumulative data beginning from the start of the program year October 1, 2023. 1. Please list the outcome goal(s) from our approved application and subreci Tent Agreement. a. Outcome Goals: list the outcome goal(s) from our approved application and subreci Tent Agreement Monthly Rent Household Tenant Contract Last Name, First Initial # of Bed- rooms Securit y Dep Tenant Rent TBRA Subsid y Total Rent % of Med ian Hispa nic Y/N Race Fami ly Size Type of Hous e- Paid to Owner/ Tenant Newly Assist ed Y/N # Month s of assista Collier County Housing Authority HM23-Ol Tenant Based Rental Assistance (TBRA) Page 42 �O I hereby certify the above information is true and accurate. Name: Signature: Title: Date: Your typed name here represents your electronic signature Collier County Housing Authority HM23-Ol Tenant Based Rental Assistance (TBRA) Page 43 �Q V EXHIBIT C-1 HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) LEVERAGE FUNDS REPORT Report begins on following page. Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 44 �O V Exhibit C-1 U.S. Department of Housing OMB Approval No. 2506-0171 Rental Completion Report and Urban Development (Exp.8/3112009) HOME Program Office of Community Planning And Development Mark the appropriate box: ❑ Original Submission ❑ Revision Part A: Activity Information 1. Activity Number 2. Name of Participant 3. Participant's Tax ID Number 4. GHUU I ax IU Number b. Name & Phone Number (including Area Gode) of person completing Corm 6. Type of Property (check one): 7. Does Activity Have Rent Exception? 8. Mixed Income Activity? 9. Mixed Use Activity? (1) [3Condominium (2) [3 Cooperative (1) [3 Yes (1) [3 Yes (1) [3 Yes (3) ❑ SRO (4) [3 None ofthe Above (2) 0 No (2) 0 No (2) Q No Part B: Financial Structure of Activity Type ofActivity Financed (check one): (1) ❑ Rehabilitation Only (3) ❑ Acquisition Only (5) ❑ Acquisition & New Construction (2) ❑ New Construction Only (4) ❑ Acquisition & Rehabilitation 1 HCAAF Funrlc 1 Direct Loan Annual Interest Rate % Amortization Period Yrs. $ (2) Grant $ Annual Interest Rate 3 Deferred Payment Loan DPL % Amortization Period Yrs. $ (4) Community Housing Development Organization (CHDO) Loan a. TA Loan $ b.Seed Loan $ Total CHDO Loan (Total Items4aand4b) $ 5 Other $ Total HOME Funds (Total Items 1-5) $ 'l Fiihnr --Mn (1) Other Federal Funds $ 2 State/Local Appropriated Funds $ (3) State/Local Tax Exempt Bond Proceeds $ Total Public Funds (Total Items 1-3) $ .5-rr,-te runny (1) Private Loan Funds Annual Interest Rate % Amortization Period Yrs. $ (2) Owner Cash Contribution $ 3 Net Syndication Proceeds No low income tax credit $ (4) Private Grants $ Total Private Funds Total Items 1-4 $ 4. Low Income Tax Credit Syndication Proceeds $ 5. HOME Program Income $ 6. Total Activity Costs (Total All Items) $ Pagel of 5 form HUD-40097 (02/2003) Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 45 Q 0 Part C: Household Characteristics Complete one line for each unit assisted with HOME funds. Enter one code only in each block. the activity is a 1-4 unit owner occupied rental activity, also provide tenant characteristics. For activities which include multiple addresses, complete a separate Household Characteristics (Part C) for each address. Unit No. No. of Bedrooms Occupancy Tenant Contribution Subsidy Amount Total Rent % of Area Median Hisp Race of Head of Household Size of Household Head of Household Rental Assistance No. of Bedrooms Code % of Area Median Code Race of Head of Household Code 1 - 1 Bedroom 1 - 0 - 30 % 11 -White 2 - 2 Bedrooms 2 - 30 - 50% 12 - Black or African American 3-3Bedrooms 3-50-60% 13-Asian 4 - 4 Bedrooms 4 - 60 - 80% 14 -American Indian or Alaska Native 5 - 5 or more Bedrooms 15 - Native Hawaiian or Other Pacific Islander Hispanic 16 -American Indian or Alaska Native & White Occupancy Code y- yes 17 -Asian & White 1 -Tenant n - no 18 - Black or African American & White 2 - Owner 19 -American Indian or Alaska Native & 9 - Vacant Black or African American 20 - Other Multi Racial Page 2 of 5 Head of Household Code 1 - Single/non- Elderly 2 - Elderly 3- Related/Single Parent 4 - Related/Parent 5 - Other Rental Assistance Code 1 - Section 8 2 - HOME TBRA 3 - Other 4 - No Assistance form HUD-40097 (02/2003) Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 46 Q 0 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conductor sponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid OMB control number. The HOME statute imposes a significant number of data collection and reporting requirements. This includes information on assisted properties, on the owner or tenants of the properties, and on other programmatic areas. The information will be used: 1) to assist HOME participants in managing their programs; 2) to track performance of participants in meeting fund commitment and disbursement deadlines; 3) to permit HUD to determine whether each participant meets the HOME statutory income targeting and affordability requirements; and 4) to permit HUD to determine compliance with other statutory and regulatory program requirements. This data collection is authorized under Title II of the Cranston -Gonzalez National Affordable Housing Act or related authorities. Access to Federal grant funds is contingent on the reporting of certain activity - specific elements. Records of information collected will be maintained by the recipients of the assistance. Information on activities and disbursements of grant funds is public information and is generally available for disclosure. Recipients are responsible for ensuring confidentially when public disclosure is not required. Sensitive Information: Some of the information collected on this form is considered sensitive and is protected by the Privacy Act. The Privacy Act requires that these records be maintained with appropriate administrative, technical, and physical safeguards to ensure their security and confidentiality. In addition, these records should be protected against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom the information if maintained. Recipients are responsible for ensuring confidentiality when public disclosure is not required. Instructions for Completing the Rental Completion Report HOME Program Read the instructions for each item carefully before completing the form. Use a typewriter or print carefully with a ballpoint pen. Prepare an original and one copy. Retain the copy. 8. Applicability. This report is to be completed for each rental activity assisted with HOME funds. It is to be used only for an activity having no owner occupants or for an activity with an owner occupant and 4 or more rental units. Note: Completion of an activity with one owner occupant and zero to three rental units 9. should be reported on the Homebuyer/Homeowner Rehab Completion Report. Completion of an activity with two or more homeowners should be reported on the Multi -Address Completion Report. Timing. The Rental Completion Report data are to be input in IDIS within 120 days of requesting the final disbursement of HOME funds for the activity. If the completion report data are not input within 120 days of the final disbursement for the activity, the PJ's (or State Recipient's) access to the HOME IDIS System may be suspended. An amended completion report should be submitted when all units initially reported vacant are occupied, and the change should be highlighted in yellow. Part A: Activity Information 1. Activity Number. Enter the activity number assigned by IDIS. 2. Name of Participant. Enter the name of the participant or, for State recipient activities, the name of the State recipient. 3. Participant's Tax ID Number. Enter the Tax (Employer) Identification Number for the participant; for a State recipient project, enter the State recipient's Tax ID Number. 4. CHDO Tax ID Number. Complete only for activities assisted with funds reserved for Community Housing Development Organizations (CHDOs). Enter the Tax (Employer) Identification Number for the CHDO. 5. Name 8r Phone Number of Person Completing Form. Enter the name and phone number, including area code, of the person to contact for further information regarding this report form. 6. Type of Property. Check one box to indicate the type of property assisted: (1) Condominium (2) Cooperative (3) Single Room Occupancy (4) None of the Above 7. Rent Exception. HUD may adjust the qualifying rent established for an activity under §92.252(g) if HUD finds Page 3 of 5 an adjustment is necessary to maintain the financial viability of the activity. Mark one box to indicate whether or not the activity has a rent exception. Mixed -Income Activity. Mark "yes" where less than 100 percent of the activity's housing units qualify as affordable housing as defined in section 92.252 of the HOME regulations. Mark "no" if the activity is not mixed - used. Mixed -Use Activity. Mark "yes" for an activity that is designated in part for uses other than residential but where residential living space must constitute at least 51 percent of the activity space. Mark "no" if the activity is not mixed -use. Part B: Financial Structure of Activity Type of Activity Financed. Mark only one of the 5 available boxes for naming the HOME -assisted activity. Note: Even though the property may have HOME Tenant -Based Rental Assistance, do not include the TBRA in Part B. (1) Rehabilitation Only. A HOME -assisted rehabilitation activity that did not include acquisition of real property. Such activities may have involved (a) repairs or improvement of residential unit(s) to bring the unit(s) up to the property standards required by 24 CFR 92.252; (b) the reconfiguration of a structure to reduce the total units in order to increase the number of large family units, (c) the addition of a room or rooms (e.g., bedroom or bathroom) outside the existing walls for purposes of meeting occupancy or code standards and (d) the adding of a unit or units within the existing structure. (2) New Construction Only. Any activity that involved (a) the addition of units outside the existing walls of the structure and (b) the construction of a new residential unit(s). Note: When activities have combined new construction in one building(s) on one parcel of land, the projects, by type of activity (i.e. rehabilitation or new construction), must be administratively set up as separate activities in IDIS. (3) Acquisition Only. Acquisition of a structure that received a certificate of occupancy at least 13 months before acquisition, which did not form HUD-40097 (02/2003) Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 47 Q 0 require rehabilitation and which is being used to provide affordable rental housing. (4) Acquisition and Rehabilitation. A HOME - assisted rehabilitation activity, which included the acquisition of real property. (5) Acquisition and New Construction. A HOME -assisted new construction activity, which included the acquisition of real property. This includes acquisition of a structure that has received an initial certificate of occupancy within a one-year period prior to acquisition. Activity Costs. Include all HOME funds used for the activity and all other funds (public and private) with one exception. Do not double count. If private funds are used for construction financing and those funds are later replaced by permanent financing, do not report both. Report all HOME funds expended on the activity. (Note: Federal regulations specifically prohibit paying back HOME funds with HOME funds.) For funds other than HOME, to the extent a choice must be made to avoid double counting, report permanent financing rather than construction financing. The total amount reported on line 6 of Part B should be the total cost of the activity. The total amount of HOME funds reported in the block titled "Total HOME funds (Total Items (1)- (5)" of Part B must equal the total amount disbursed through IDIS for this activity. HOME Funds. Include HOME program income on line 5, below, title "HOME Program Income" only. Do not include HOME program income in any of the following 5 HOME categories. (1) Direct Loan. Enter the amount of HOME funds provided for this activity in the form of a direct loan. Enter the loan's interest rate and amortization period. If there are multiple loans, enter the interest rate and term of the largest loan. (2) Grant. Enter the amount of HOME funds provided without any repayment requirements. (Note: A grant may be used to reduce the principal amount borrowed, a principal reduction payment, or the effective interest rate, an interest subsidy payment, on a privately originated loan.) (3) Deferred Payment Loan (DPL). Enter the amount of HOME funds provided through loans where payment of principal and interest is deferred until a future time and enter the interest rate and amortization period, if any. A DPL is some times called a conditional grant (e.g., repayment is required when the property is sold, or is forgiven if the owner does not sell the property for a specified number of years or repayment of principal and interest starts after the bank loan is repaid.) (4) Community Housing Development Organization (CHDO) Loan. a. Technical Assistance (TA) Loan. Enter the amount of HOME funds provided as a CHDO TA loan for the activity. Reference 24 CFR 92.301(a). b. Seed Money Loan. Enter the amount of HOME funds provided as a CHDO seed loan. Reference 24 CFR 92.301(b). Total CHDO Loan. Enter the total of the amounts entered on cited on 4a and 4b. (5) Other. Enter the total amount of HOME funds provided for subsidy funding that is other than the type of loan/grant assistance identified in the above items listed as (1) through (4). Total HOME Funds. Enter the total of items (1) through (5) as the amount of HOME funds expended. 2. Public Funds. Enter in blocks (1) through (3), the total amount of public funds expended. (1) Other Federal Funds. Exclude any HOME funds expended. (2) State/Local Appropriated Funds. (3) State/Local Tax Exempt Bond Proceeds. Total Public Funds. Enter the total of items (1) through (3) as the amount of Public Funds expended. 3. Private Funds. (1) Private Loan Funds. Enter the amount of all of the costs that have been paid with funds obtained from private financial institutions, such as banks, savings and loans, and credit unions, and enter the interest rate and amortization period of the loan. If there are multiple loans, enter the interest rate and term of the largest loan. (Do not double count.) (2) Owner Cash Contributions. Enter the amount of all cash contributions provided by the project owner. (3) Net Syndication Proceeds. Enter the net amount of syndication proceeds, excluding low- income tax credits, provided in financing this activity. (4) Private Grants. Enter the amount of cash contributions provided by private organizations, foundations, donors, etc. Total Private Funds. Enter the total of items (1) through (4) as the amount of Private Funds expended. 4. Low Income Tax Credit Syndication Proceeds. Enter the total amount of syndicated Low Income Tax Credits provided. 5. HOME Program Income. Enter the total amount of funds provided from HOME repayment income. 6. Total Activity Cost. Enter the sum of totals for HOME funds, Public funds and Private funds, Low Income Tax Credit Syndication Proceeds, and HOME Program Income. (Totals from above lines 1 through 5.) Part C. Household Characteristics. Complete one line for each unit assisted with HOME funds and enter one code only in each block. For activities which include multiple addresses, complete Part C for each address. For an unoccupied unit, enter unit number, number of bedrooms and occupancy code as 9 vacant. Unit Number. Enter the unit number of each unit assisted with HOME funds. Number of Bedrooms. Enter "0" for a single room occupancy (SRO) unit or for an efficiency unit, 1 for 1 bedroom, 2 for 2 bedrooms, 3 for 3 bedrooms, 4 for 4 bedrooms, and 5 for 5 or more bedrooms. Page 4 of 5 form HUD-40097 (02/2003) Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 48 Q 0 Occupancy Code. Enter 1 if the unit is occupied by a tenant, 2 if it is occupied by a homeowner, and 9 if it is vacant. Monthly Rent (Including Utilities). Tenant Contribution. Enter the actual rent to the nearest dollar, including utilities, paid by the tenant at the time of activity completion. If the rent includes utilities, or if the rent includes partial utilities, e.g., heat, but not electricity, these utility costs must be added to the rent. Compute utility costs for the area (and in the case of partial utilities, compute costs for utilities excluded from the rent), by using the utility allowance schedule by the local Public Housing Authority (PHA) in accordance with form HUD- 52667, Allowance for Tenant Furnished Utilities and Other Services. Subsidy Amount. Enter the amount that the tenant receives as a rent subsidy payment (including any utility allowances paid directly to the tenant) to the nearest dollar. If the tenant does not receive a tenant subsidy payment, enter zero. Total Rent. Enter the total monthly rent (tenant contribution plus subsidy amount). Income Data. Percent of Area Median. For each occupied residential unit, enter one code only based on the following definitions: 1. 0-30 Percent of Area Median means a household whose adjusted income is at or below 30 percent of the median family income for the area, as determined by HUD with adjustments for smaller and larger families. 2. 30-50 Percent of Area Median means a household whose adjusted income exceeds 30 percent and does not exceed 50 percent of the median family income for the area, as determined by HUD with adjustments for smaller and larger families. 3. 50-60 Percent of Area Median means a household whose adjusted income exceeds 50 percent and does not exceed 60 percent of the median family income for the area, as determined by HUD with adjustments for smaller and larger families. 4. 60-80 Percent of Area Median means a household whose adjusted income exceeds 60 percent and does not exceed 80 percent of the median family income for the area, as determined by HUD with adjustments for smaller and larger families. Household Data. Hispanic YIN: For each occupied residential unit, enter the ethnicity for the head of household as either "Y' for Hispanic or Latino or "N" for Not Hispanic or Latino. Hispanic or Latino race is defined as a person of Cuban, Mexican, Puerto Rican, South or Central American, other Spanish culture or origin, regardless of race. The term, "Spanish origin," can be used in addition to "Hispanic of Latino." Race — Head of Household: For each occupied residential unit, enter one code only based on the following definitions: 11. White. A person having origins in any of the original peoples of Europe, North Africa or the Middle East. 12. Black or African American. A person having origins in any of the black racial groups of Africa. Terms such as "Haitian" or "Negro" can be used in addition to "Black or African American." 13. Asian. A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand and Vietnam. 14. American Indian or Alaska Native. A person having origins in any of the original peoples of North and South America (including Central America), and who maintains affiliation or community attachment. 15. Native Hawaiian or Other Pacific Islander. A person having origins in any of the original people of Hawaii, Guam, Samoa or other Pacific Islands. 16. American Indian or Alaska Native & White. A person having these multiple race heritages as defined above. 17. Asian & White. A person having these multiple race heritages as defined above. 18. Black or African American & White. A person having these multiple race heritages as defined above. 19. American Indian or Alaska Native & Black or African American. A person having these multiple race heritages as defined above. 20. Other Multi Racial. For reporting individual responses that are not included in any of the other categories listed above. Size of Household. Enter the appropriate number of persons in the household: 1, 2, 3, 4, 5, 6, 7, or 8 or more persons (for households or more than 8, enter 8). Type of Household. For each residential unit, enter one code only based on the following definitions: 1. Single/Non-Elderly. One -person household in which the person is not elderly. 2. Elderly. One or two person household with a person at least 62 years of age. 3. Related/Single Parent. A single parent household with a dependent child or children (18 years old or younger). 4. Related/Two Parent. A two -parent household with a dependent child or children (18 years old or younger). 5. Other. Any household not included in the above 4 definitions, including two or more unrelated individuals. Rental Assistance: Enter one code only to indicate the type of assistance, if any, being provided to the tenant. 1. Section 8. Tenants receiving Section 8 assistance through the Section 8 Certificate Program under 24 CFR part 882 or the Section 8 Housing Voucher Program under 24 CFR part 887. 2. HOME Tenant Based Rental Assistance. Tenants receiving HOME tenant -based assistance. 3. Other Assistance. Tenants receiving rental assistance through other Federal, State or local rental assistance programs. 4. No Assistance. Self-explanatory. Page 5 of 5 form HUD-40097 (02/2003) Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 49 Q 0 EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Retain completed form, including appropriate supporting documentation, to be validated by CHS at the interim and close out monitoring. Effective Date: A. Household Information Member Names — All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 Total Cash Value of Assets B(a) Total Income from Assets B(b) If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate .06%) and enter results in B(c), otherwise leave blank. B(c) Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 50 Q 0 C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages / Salaries (include tips, commissions, bonuses, and overtime) Benefits / Pensions Public Assistance Other Income Asset Income (Enter the greater of box B(b) or 1 box B(c), 2 above, in 3 box C(e) below) 4 5 6 7 8 (a) (b) (c) (d) (e) Totals Enter total of items C(a) through C(e). This amount is the Annual Anticipated Household Income. D. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. I/we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. Uwe certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of perjury. WARNING: Florida Statutes Chapter 817, 18 U.S.C. § 1001, and 31 U.S.0 § 3729 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under Sections 775.082 and 775.083, Florida Statutes. 31 U.S.C. 3729 - False claims - Document in Context - USCODE-2010-title3l-subtitleIII-chap37-subchaplIl-sec3729 (govinfo.gov) Signature of Head of Household Date Signature of Spouse or Co -Head of Household Date Adult Household Member (if applicable) Date Adult Household Member (if applicable) Date Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 51 Q 0 E. HOME COUNTY Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the HOME. The family or individual(s) constitute(s) a: ❑ Extremely -Low Income (ELI) Household means and individual or family whose annual income does not exceed 30 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑_ Very Low -Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ 60 Percent Threshold Household means and individual or family whose annual income does not exceed 60 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑_ Low -Income (LI) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Based upon the (year) income limits for the Naples -Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the HOME TBRA Administrator or His/Her Designated Representative: Signature Printed Name/Title F. Household Data Date Number of Persons By Race / Ethnicity B Age Native American Asian Black Hawaiian or White Other 0 — 26 — 41 — 62+ Indian Other Pac. 25 40 61 Islander Hispanic Non - Hispanic NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No occupant is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has an occupant. Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 52 �O V EXHIBIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding the organization's compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Subrecipient Name First Date of Fiscal Year MM/DD/YY Last Date of Fiscal Year MM/DD/YY Total Federal Financial Assistance Total State Financial Assistance Expended Expended during most recently during most recently completed Fiscal Year completed Fiscal Year Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has ❑ been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ❑ ❑ Are a for -profit organization ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we ❑ understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature: Date Print Name and Title: 06/18 Collier County Housing Authority HM23-01 Tenant Based Rental Assistance (TBRA) Page 53 �Q V FAIN # E-23-UC-120016 Federal Award Date EST 10/2023 Federal Award Agency HUD CFDA Name Emergency Solutions Grant CFDA/CSFA# 14.231 Total Amount of Federal Funds Awarded $126,920.00 Subrecipient Name The Shelter for Abused Women & Children, Inc. UEI# FJA 1 VKEREQFA FEIN 59-2752895 R&D No Indirect Cost Rate No Period of Performance October 1, 2023 — September 30, 2024 Fiscal Year End June 30 Monitor End: December 2024 AGREEMENT BETWEEN COLLIER COUNTY AND THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. Shelter Operations Program THIS AGREEMENT is made and entered into this 11', day of July, 2023, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 Tamiami Trail East, Suite 213, Naples, FL 34112, and THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. , a private not -for -profit corporation existing under the laws of the State of Florida, ("SUBRECIPIENT") having its principal office at PO Box 10102, Naples, FL 34101. WHEREAS, the COUNTY is an entitlement community of the United States Department of Housing and Urban Development (HUD) for a grant to execute and implement the Emergency Solutions Grant (ESG) program in certain areas of Collier County, pursuant to the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act (24 CFR 576) amending the McKinney-Vento Homeless Act (42 U.S.C. 11371-11378); and WHEREAS, pursuant to the aforesaid grant, COUNTY is undertaking certain activities to primarily benefit homeless individuals in Collier County with the use of ESG funds to improve the quality of life in Collier County by providing assistance for any of the following five (5) program components: street outreach, emergency shelter, homelessness prevention, rapid re -housing assistance, and Homeless Management Information System (HMIS); and WHEREAS, the Board of County Commissioners of Collier County ("Board") approved the Collier County Consolidated Plan - One -Year Action Plans for Federal Fiscal Year 2023-2024for the ESG Program at the July 11, 2023 Board of County Commissioners meeting, Agenda Item #16.D. The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 1 WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the COUNTY advertised the 2023 — 2024 Annual Action Plan, on May 18, 2023, with a 30-day Citizen Comment period from May 18, 2023 to June 17, 2023; and WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in undertaking the Emergency Solutions Grant Project — (ES23-01) The Shelter for Abused Women & Children, Inc, Shelter Operations. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART I SCOPE OF SERVICES SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing ESG Funds, as determined by Collier County Community and Human Services Division (CHS), perform the tasks necessary to conduct the program as follows: PROJECT DETAILS Emergency Solutions Grant — Shelter Operations Program: Shelter operations expenses and personnel salaries to benefit homeless individuals and families in Collier County. Project Component One: Personnel salaries to support Shelter Operations Project Component Two: Annual Shelter operation expenses which may include but are not limited to, utilities, security maintenance and monthly security monitoring, trash collection, insurance, repairs/maintenance, food costs, pest control and lawn care. 1. Project Tasks: a. Maintain documentation on all households served, in compliance with 24 CFR 576.500 b. Provide quarterly reports on meeting an ESG Eligible Activity c. Attendance by a representative of SUBRECIPIENT Executive Management at each Partnership Meeting 2. ESG Documentation Requirements Compliance Criteria: Activities carried out with funds provided under this Agreement will contribute to a program designed to be the first step in a continuum of assistance to enable homeless individuals and families to move toward independent living, as well as prevent homelessness, as defined in 24 CFR Part 576 (Subpart B Eligible Activities 576.21). The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 2 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this Agreement, SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for completion of the project. B. SUBRECIPIENT must submit the following resolutions and policies within sixty (60) days of the execution of this Agreement. ® Affirmative Fair Housing Policy ® Affirmative Action/Equal Opportunity Policy ® Affirmative Action Plan ® Conflict of Interest Policy (COI) and related COI Forms ® Procurement Policy ❑ Uniform Relocation Act Policy ® Sexual Harassment Policy ® Section 504/ADA Policy ® Fraud, Waste, and Abuse Policy ® Violence Against Women Act (VAWA) Policy ® LGBTQ Policy ® Language Assistance and Planning Policy (LAP) ® Limited English Proficiency Policy (LEP) ® Minimum Habitability Standards Checklist for Emergency Shelters C. Environmental Review Requirement (ERR) - This Agreement does not constitute a commitment of Funds or site approval. The commitment of Funds or site approval may occur only upon satisfactory completion of environmental review executed by the COUNTY, and either (a) the determination that the project is Exempt or (b) the COUNTY's receipt of an approved request for release of funds and certification from HUD, under 24 CFR Part 58. The provision of any funds to the project is conditioned on the COUNTY's determination to proceed with, modify, or cancel the project based on the results of the environmental review. No program costs can be incurred until an environmental review of the project is completed and approved by the COUNTY. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to CHS issuance of the Notice to Proceed (NTP) letter. Violation of this provision may result in the termination of this subaward and/or the denial of any reimbursement of funds under this Agreement. D. Annual Subrecipient Training - All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement, shall attend the CHS- sponsored Annual Subrecipient Fair Housing training, except those who attended the training in the previous year. In addition, at least one staff member shall attend all other CHS-offered Subrecipient training relevant to the Project, as determined by the Grants Coordinator, not to exceed four (4) sessions. Requests for exemption, under this special condition, must be submitted to the Grant Coordinator, in writing, at least 14 days, prior to the training. The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 3 C�p E. Persons who, as a result of national origin, do not speak English as their primary language and who have limited ability to speak, read, write, or understand English ("limited English proficient persons" or "LEP persons") may be entitled to language assistance under Title VI in order to receive a particular service, benefit, or encounter. In accordance with Title VI of the Civil Rights Act of 1964 (Title VI) and its implementing regulations, the SUBRECIPIENT agrees to take reasonable steps to ensure meaningful access to activities funded with HUD Funds by LEP persons. Any of the following actions could constitute "reasonable steps", depending on the circumstances: acquiring translators to translate vital documents; advertisements or notices; acquiring interpreters for face to face interviews with LEP persons; placing advertisements and notices in newspapers that serve LEP persons; partnering with other organizations that serve LEP populations to provide interpretation, translation, or dissemination of information regarding the project; hiring bilingual employees or volunteers for outreach and intake activities; contracting with a telephone line interpreter service; etc. 1.2 PROJECT DETAILS A. Project Description/Budget The budget identified for the Shelter Operations Program shall be as follows: Description Federal Amount ESG Match 1:1 Project Component 1: Personnel salaries to support Shelter $42,000.00 Operations Project Component 2: Annual Shelter operations expenses $84,920.00 which may include but are not limited to, utilities, security maintenance and monthly security monitoring, trash collection, insurance, repairs/maintenance, food costs, pest control and lawn care. ESG Match Requirement Documentation of $126,920.00 ESG Eligible Matching Funds Total Federal Funds: $126,920.00 SUBRECIPIENT will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ® Maintain and provide to the COUNTY, as requested, beneficiary documentation that supports the benefit of homelessness ® Provide Quarterly Reports on project progress ® Provide Quarterly Leverage Funds Report ® Ensure attendance by a representative from executive management at quarterly partnership meetings, as requested by CHS ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation ❑ Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Submit Change Orders for CHS approval prior to SUBRECIPIENT authorizing work The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 4 ❑ Comply with Davis -Bacon Labor Standards and maintain supporting documentation ❑ Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Section 3 reporting requirements and maintain supporting documentation ❑ Comply with Uniform Relocation Act (URA), if applicable ❑ Ensure applicable numbers of units are Section 504/ADA accessible ❑ Ensure the applicable affordability period is met for the project B. Program Components/Eligible Activities All services/activities funded with ESG Funds must meet one of the ESG program components, as defined in 24 CFR 576: • Street Outreach: Funds may cover costs related to essential services for unsheltered persons (including emergency health or mental health care, engagement, case management, and services for special populations). • Emergency Shelter: Funds may be used for renovation of emergency shelter facilities and the operation of those facilities, as well as services for the residents (including case management, childcare, education, employment assistance and job training, legal, mental health, substance abuse treatment, transportation, and services for special populations). • Homelessness Prevention and Rapid Re -Housing: Both components fund housing relocation and stabilization services (including rental application fees, security deposits, utility deposits or payments, last month's rent, and housing search and placement activities). Housing may also be used for short- or medium -term rental assistance for those who are at -risk of becoming homeless or transitioning to stable housing. • HMIS: Funds may be used to pay the costs for contributing data to the HMIS designated by the Continuum of Care for the area. Eligible activities include computer hardware, software, or equipment, technical support, office space, salaries of operators, staff training costs, and participation fees. C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Insurance Insurance Certificate Within 30 days of Agreement execution and annually within thirty (30) days of renewal Special Grant Condition Policies as stated in this Within sixty (60) days of Agreement Policies Section 1.1 Agreement execution Detailed project Schedule Project Schedule N/A Project Plans and Site Plans and Specifications N/A Specifications Procurement Documents (Bid Independent Cost Estimate N/A Packet)* Method of Procurement Solicitation Packet Subcontractor Log Subcontractor Log N/A The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 5 Quarterly Progress Report Exhibit C 1. Quarterly, within 10 days after the end of the quarter, including those quarters where no activity and/or invoicing has occurred. 2.Final report upon submission of final pay request. Leverage Funds Report Exhibit C-1 1. Quarterly, within 10 days after the end of the quarter, including those quarters where no activity and/or invoicing has occurred. 2.Final report upon submission of final pay request. Annual Audit Monitoring Exhibit D Annually, within 60 days after FY Report end Financial and Compliance Audit, Management Letter and Annually, nine (9) months for Single Audit Supporting Documentation Audit OR one hundred and eighty (180) days after FY end. Program Income Reuse Plan Plan Approved by the N/A COUNTY D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Personnel Upon invoicing using Exhibit B, will Submission of salaries to support Shelter reimburse allowable expenses as monthly payment Operations evidenced by properly completed request within 30 days timesheets, payroll registers/summary, of prior month end banking documents or canceled checks, and any additional supporting documentation as requested. 10% retainage will be withheld on each payment request. Final 10% released upon documentation of all beneficiaries served and a successful closeout monitoring. Project Component Two: Annual Upon invoicing using Exhibit B, will Submission of Shelter operations expenses reimburse allowable expenses with monthly payment which may include but are not documentation including but not limited request within 30 days limited to, utilities, security to properly completed invoices, cancelled of prior month end maintenance and monthly checks/banking documents and any security monitoring, trash additional supporting documentation as collection, insurance, requested. repairs/maintenance, food costs, pest control and lawn care. 10% retainage will be withheld on each payment request. Final 10% released upon documentation of all beneficiaries The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 6 served and a successful closeout monitoring. ESG Match Exhibit B-1, along with supporting Match Monthly Match: documentation submitted with each submitted pay request until match obligation is complete Final 10 percent of award amount will be paid upon completion of documentation of all beneficiaries and final monitoring clearance. Retainage will be deducted from each invoice 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall start on October 1, 2023 or the date of County's HUD award, letter whichever is the latter, and end on September 30, 2024 (Term of Agreement). SUBRECIPIENT's services/activities shall be undertaken and completed considering the purposes of this Agreement. Any Funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement following receipt of SUBRECIPIENT's written request submitted at least 30 days prior to agreement period of performance end date. Extensions must be authorized, in writing, by formal letter to SUBRECIPIENT. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available ONE HUNDRED TWENTY-SIX THOUSAND NINE HUNDRED TWENTY DOLLARS AND ZERO CENTS ($126,920.00) for use by SUBRECIPIENT during the Term of the Agreement (hereinafter referred to as the Funds). Modifications to the Budget and Scope may only be made if approved in advance. Budgeted Fund shifts between project components shall not exceed 10 percent of the total funding amount and signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only be made with Board of County Commissioner (Board) approval. The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of ESG Funds until funds are needed for eligible costs, and all disbursement requests must be limited to the amount needed at the time of the request. SUBRECIPIENT may expend Funds only for allowable costs resulting from obligations incurred during the term of this Agreement. Invoices for work performed are required every month. If no work has been performed during a month, or if SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to SUBRECIPIENT when requested as work progresses, but not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 7 COUNTY will pay SUBRECIPIENT Funds available under this Agreement based on information submitted by SUBRECIPIENT and consistent with any approved budget and COUNTY policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by SUBRECIPIENT, not to exceed actual cash requirements. Payments will be adjusted by CHS in accordance with advance Fund and program income balances available in SUBRECIPIENT accounts. In addition, COUNTY reserves the right to liquidate Funds available under this Agreement for costs incurred by COUNTY on behalf of SUBRECIPIENT. Final invoices are due no later than 90 days after the end of the Agreement. Work performed during the term of the Agreement but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. CHS may withhold any pay request until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements, including timely submission of Performance Deliverables contained in Section 1.2.C. Late submission of deliverables or evidence of project inactivity may cause payment suspension of any open pay requests until the required deliverables are received or substantial project progress occurs, as determined by CHS. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice, and in compliance with sections 218.70-218.80, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 MATCH REQUIRED SUBRECIPIENT must match ESG grant funds dollar -for -dollar, pursuant to 24 CFR 576.201. Matching funds shall be provided after the date of the grant award. Funds used to match a previous ESG grant may not be used to match a subsequent grant award. SUBRECIPIENT may comply with its requirement by providing the matching funds from any source, including any Federal source other than the ESG program, as well as State, Local, and private sources. SUBRECIPIENT must ensure the laws governing any Federal funds to be used do not prohibit those funds from being used to match ESG funds. To meet the required match, the matching contributions must meet all requirements that apply to the ESG Funds provided by HUD, as required by 24 CFR 576.201(c). Matching contributions may be in the form of the following: 1. Cash contributions Non -cash contributions calculated per requirements in 24 CFR 576.201(e), including the value of any real property, equipment, goods, or services contributed to SUBRECIPIENT's ESG program, provided that, if SUBRECIPIENT had to pay for them with grant Funds, the costs would have been allowable. Non -cash contributions may include: a. The purchase value of any donated material or building. SUBRECIPIENT shall determine the value of any donated material or building, or any lease, using a method reasonably calculated to establish a fair market value. b. Match in the form of services provided by individuals must be valued at rates consistent with those ordinarily paid for similar work in SUBRECIPIENT's organization. If SUBRECIPIENT does not have employees performing similar work, the rates must be consistent with those ordinarily paid by other employers for similar work in the same labor market. 2. Costs paid by program income shall count toward meeting SUBRECIPIENT's match requirements, provided the costs are eligible ESG costs that supplement the ESG program. The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 8 1.6 LEVERAGE FUNDS In some instances, the award provided by COUNTY is not enough to cover the entire cost of the project. Other funds are included and considered to be leveraged funds. Leveraged funds must adhere to all Federal, State and COUNTY rules as it pertains to the project. Leveraged funds must be identified, tracked, and verifiable in the SUBRECIPIENT's records at monitoring closeout. Leveraged resources must also meet the following criteria to be allowable as leverage: a. Expenditures of leveraged funds or resources are permitted only for eligible activities and allowable costs under the cost principles specified by the OMB Circulars referenced in this Agreement. Expenditures must be necessary and reasonable for proper and efficient accomplishments of project or program objectives. b. Leveraged resources committed on one project may not be used as leverage or match for any other project or program. c. Leveraged resources must represent newly created resources covering expenditures that would not be incurred if the award were not made. d. Leveraged resources may not be Federal funds under a different award, except where Federal statute allows their use for cost sharing (such as the Community Development Block Grant program). e. Third -party cash or in -kind contributions offered as leverage require a commitment letter on company letterhead signed by the individual who is in a position to commit the in -kind contribution. The contribution is only allowable if not utilized towards matching dollars. 1.7 COST PRINCIPLES Payments to SUBRECIPIENT are governed by the Federal grant management rules for cost allowability, found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.7-Cost Principles) of this Agreement, SUBRECIPIENT is defined as described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under the Part I - Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed specifically to the project referenced the Scope of Work, as defined in 2 CFR 200.413. SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT' S contractors and vendors are conditioned upon compliance with the procurement requirements provided in 2 CFR 200.318-200.327. Allowable costs incurred by Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles. SUBRECIPIENT may not be subject to 2 CFR Subpart E; however, the COUNTY is and may impose requirements upon SUBRECIPIENT so that the COUNTY can remain compliant with its obligation to follow 2 CFR 200 Subpart E. SUBRECIPIENT will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. 1.8 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, facsimile, or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 9 written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Carolyn Noble, Grant Coordinator Collier County Government Community and Human Services Division 3339 Tamiami Trail East, Suite 213 Naples, Florida 34112 Email: Carolyn.Noble@colliercountyfl.gov Telephone: (239) 450-5186 SUBRECIPIENT ATTENTION: Linda Oberhaus, Chief Executive Officer The Shelter for Abused Women & Children, Inc. PO Box 10102 Naples, FL 34101 Email: lberhaus@naplesshelter.org Telephone: (239)280-1350 Remainder of Page Intentionally Left Blank The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 10 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit D) no later than 60 days after SUBRECIPIENT' S fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a financial and compliance Single Audit report, Management Letter, and supporting documentation nine (9) months (or audited financial statements, one hundred eighty (180) days for Subrecipients exempt from Single Audit) after the SUBRECIPIENT' S fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its receipt of the report. SUBRECIPIENT's failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning Subrecipient audits and 2 CFR 200.501 Federal Award amounts expended shall be determined in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. f►�6� ;i�CK��;7 �7.y�. � � �Z�111u M �1►`�1� Y [�7.1 SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 576.500 to determine compliance with the requirements of this Agreement, the ESG Program, and all other applicable laws and regulations. This documentation shall include but is not limited to the following: A. All records required by ESG regulations. B. SUBRECIPIENT shall maintain public records that ordinarily and necessarily would be required by COUNTY to perform the service. C. SUBRECIPIENT shall make available at any time upon request by the COUNTY or CHS all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by SUBRECIPIENT for the purpose of this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies, and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 11 D. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion and in a readily accessible, permanent, and secured location for five (5) years after the date of submission of the final performance and evaluation report, as prescribed in 24 CFR 576.500 (y). However, if any litigation, claim, or audit is started before the expiration date of the five (5) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If SUBRECIPIENT ceases to exist after closeout of this Agreement, it must notify the COUNTY in writing, of the address where the records are to be kept, as outlined in 2 CFR 200.337. SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to the COUNTY, all public records in SUBRECIPIENT's possession upon termination of the Agreement and destroy any duplicate, exempt, and/or confidential public records that are released from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY's information technology systems. IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, IT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-2679, Michael.Brownlee(kcolliercountyfl.gov, 3299 Tamiami Trail East, Naples, FL 34112. E. SUBRECIPIENT shall establish and maintain income eligible files on clients served, and documentation that all households are eligible under HUD Income Guidelines. SUBRECIPIENT agrees that CHS shall be the final arbiter on SUBRECIPIENT's compliance. F. SUBRECIPIENT shall document how it complied with the Program Component(s), as defined in 24 CFR 576.100, and the eligibility requirement(s) under which funding has been received. This includes special requirements such as necessary and appropriate determinations, as defined in 24 CFR 576.100; income certification; and written agreements with beneficiaries, where applicable. G. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records, and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public records that are released from public records disclosure requirements are not disclosed, except as authorized by 2 CFR 200.337 and 2 CFR 200.338. 2.3 MONITORING The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 12 SUBRECIPIENT agrees that CHS may carry out no fewer than one annual on -site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. SUBRECIPIENT shall, upon request by CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and allow for completion of its required reports. SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit all records, documentation, and any other data relating to all matters covered by the Agreement. The COUNTY will monitor the performance of SUBRECIPIENT in an attempt to mitigate fraud, waste, abuse, or nonperformance based on goals and performance standards as stated with all other applicable laws, regulations, and policies governing the Funds provided under this Agreement, further defined by 2 CFR 200.332. Substandard performance, as determined by the COUNTY, will constitute noncompliance with this Agreement. If SUBRECIPIENT does not take corrective action within a reasonable time period after being notified by the COUNTY, Agreement suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal control systems and procedures sufficient to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and provide for proper and effective management of all Program and fiscal activities of the Agreement. SUBRECIPIENT's internal control systems, all transactions, and other significant events are to be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall give COUNTY complete access to all its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent fraud, waste, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement, or any law or regulation, to the COUNTY or any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failure to implement or make acceptable progress on such corrective action plans. The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 13 To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. The escalation policy for noncompliance is as follows: Initial noncompliance may result in CHS issuing Findings or Concerns to SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action plan to CHS within 10 business days following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to SUBRECIPIENT, as needed, to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan in a timely manner, CHS may require a portion of the awarded grant amount to be returned to the COUNTY. • CHS may require SUBRECIPIENT to return upwards of 5 percent of the award amount to the COUNTY, at the discretion of the Board. • SUBRECIPIENT may be denied future consideration as set forth in Resolution IMMIj[c�►•i►IM If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected and has been informed by CHS of their substantial noncompliance, by certified mail, CHS may require a portion of the awarded grant amount or the amount of the ESG investment for acquisition of the properties conveyed, to be returned to the COUNTY. • CHS may require SUBRECIPIENT to return upwards of 10 percent of the award amount to the COUNTY, at the discretion of the Board. • SUBRECIPIENT will be in violation of Resolution No. 2013-228. 4. If after repeated notification, SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend the Agreement or award be terminated. • CHS will make a recommendation to the Board for immediate termination of the Agreement. SUBRECIPIENT will be required to repay all Funds disbursed by the COUNTY for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • SUBRECIPIENT will be in violation of Resolution No. 2013-228. If SUBRECIPIENT has multiple agreements with CHS and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 14 2.6 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. Reports showing lack of project activity may result in withholding of payment or issuance of a Notice of Noncompliance. During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January, April, July, and October, respectively, for the prior quarter period end. As part of the report submitted in October, SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed -upon Program objectives, activities, and expenditures including but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit C, which contains a sample reporting form to be used in fulfillment of this requirement. Additionally, all leveraged funds utilized in support of this project will be submitted on Exhibit C-1 as part of the final report. Other reporting requirements may be imposed by the County Manager or designee in the event of Program changes, the need for additional information or documentation arises, and/or if legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. Remainder of Page Intentionally Left Blank The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 15 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. SUBRECIPIENT shall cause all provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. 3.2 GENERAL COMPLIANCE SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 576, the U.S. Housing and Urban Development regulations concerning the HEARTH Act. SUBRECIPIENT also agrees to comply with all other applicable Federal, State, and Local laws, regulations, and policies governing the Funds provided under this Agreement. SUBRECIPIENT further agrees to utilize Funds available under this Agreement to supplement rather than supplant funds otherwise available. SUBRECIPIENT is prohibited from using Funds provided herein, or personnel employed in the administration of the program, for political activities, inherently religious activities, lobbying, political patronage, and/or nepotism activities. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. SUBRECIPIENT shall always remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance as the SUBRECIPIENT is independent from the COUNTY. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY's Board. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State, or governmental guidelines, policies, available funding amounts, or other reasons. If such amendments result in a change in the funding, scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both COUNTY and SUBRECIPIENT. The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 16 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from HUD ESG grant funds and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing ESG Funds pertaining to this Agreement. In the event of curtailment or non -production of said Federal Funds, or the reduction of HUD Funds to the COUNTY to a level that the County Manager determines to be insufficient to adequately administer the project, the financial resources necessary to continue to pay SUBRECIPIENT all or any portion of the Funds will not be available. In either event, the COUNTY may terminate this Agreement, which shall be effective as of the date it is determined by the County Manager or designee, in his/her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act or omission, including but not limited to reasonable attorneys' and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith, shall defend all suits in the name of the COUNTY, and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of the COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in section 768.28, Florida Statutes. This Section shall survive the expiration or termination of this Agreement. 3.7 COUNTY RECOGNITION/SPONSORSHIPS SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the Program sponsorships, research reports, and similar public notices, whether printed or digitally prepared, and released by SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 17 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. If this Agreement results in any copyrightable material or inventions, CHS and/or the COUNTY reserve the right to royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use; and authorize others to use the work or materials for governmental purposes. 3.8 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.341, this Agreement may be terminated for convenience by either the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and in the case of partial terminations, the portion to be terminated. However, in the case of a partial termination, if the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. This Agreement may also be terminated by the COUNTY if the award no longer effectuates the program goals or grantor agency priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as may become applicable at any time. B. Failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner. C. Ineffective or improper use of Funds provided under this Agreement. D. Submission of reports to the COUNTY that are incorrect or incomplete in any material respect. E. Submission of any false certification. F. Failure to materially comply with any terms of this Agreement. G. Failure to materially comply with the terms of any other agreement between the COUNTY and SUBRECIPIENT, relating to the Project. In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part. B. Require the use of or change in professional property management. C. Require SUBRECIPIENT to immediately repay to the COUNTY all ESG Funds that it received under this Agreement. The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 18 D. Apply sanctions, if determined by the COUNTY to be applicable. E. Stop all payments until identified deficiencies are corrected. F. Terminate this Agreement, by giving written notice to SUBRECIPIENT specifying the effective date of such termination. If the Agreement is terminated by the COUNTY as provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. 3.9 SUSPENSION AND DEBARMENT SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by a Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a suspended or debarred contractor or vendor, as outlined in Executive Orders 12549 (1986) and 12689 (1989), Suspension and Debarment and 2 CFR 200.214, as further detailed in Section 4.18. 3.10 REVERSION OF ASSETS In the event of a termination or upon expiration of the Agreement, in addition to any and all other remedies available to the COUNTY (whether under this Agreement, or at law or in equity), SUBRECIPIENT shall immediately transfer to the COUNTY any Funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of ESG Funds. The COUNTY's receipt of any Funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the Funds, as the COUNTY may deem necessary. Regulations regarding real property and equipment are subject to 2 CFR 200.311. 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement, until all required insurance, as outlined in Exhibit A and 2 CFR 200.310 has been obtained. Said insurance shall be carried continuously during SUBRECIPIENT's performance under the Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS SUBRECIPIENT agrees to perform the Scope of Services in compliance with the Grant Budget and Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200 et seq), and the Federal regulations for the Emergency Solutions Grant. (24 CFR 576 et seq.) 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards at (2 CFR 200.318 through 200.327) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 19 thresholds are: Range: Competition Required $0 - $50,000 3 Written Quotes $50,001+ Formal Solicitation ITB, RFP, etc All improvements specified in Part I Scope of Services shall be performed by SUBRECIPIENT employees, or be put out to competitive bidding, under a procedure acceptable to the COUNTY and Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest, responsible, and qualified bidder. Contract administration shall be conducted by SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix 11(J) and 2 CFR 200.323. 3.14 PROGRAM -GENERATED INCOME No Program Income is anticipated. However, if Program Income is derived from the use of ESG Funds disbursed under this Agreement, such Program Income shall be used by the SUBRECIPIENT for an eligible ESG project activity approved by the COUNTY. Any Program Income (as such term is defined under applicable Federal regulations) gained from any SUBRECIPIENT activity funded by ESG shall be reported to the COUNTY through an annual Program Income Re -use Plan, utilized by SUBRECIPIENT accordingly, and shall be compliant with 2 CFR 200.307 and 24 CFR 576.201(f). When Program Income is generated by an activity that is only partially funded with ESG Funds, the income shall be prorated to reflect the percentage of ESG Funds used. If there is a Program Income balance at the end of the Program Year, such balance shall revert to the COUNTY's ESG Program, for further reallocation. 3.15 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in section 2.2 (Records and Documentation) of this Agreement, SUBRECIPIENT shall comply with section 119.021 Florida Statutes regarding records maintenance, preservation, and retention. A conflict between State and Federal records retention requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. Any balance of unobligated Funds which have been advanced or paid must be returned to the COUNTY. Any Funds paid exceeding the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that comply with section 215.97, Florida Statutes, the Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.344 and ensure all Federal grant requirements have been completed. The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 20 3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE SUBRECIPIENT agrees that no person shall be excluded from the benefits of or be subjected to discrimination under any activity carried out by the performance of this Agreement based on race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, homeless individuals have priority over other Section 3 residents, in accordance with 24 CFR 576.405(c). Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u), and implementing regulations at 24 CFR Part 75 requires that, to the greatest extent practicable, employment and economic opportunities be directed to low - and very low-income residents of the area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area (as defined in 42 U.S.C. 5302(a)) in which the project is located. To the maximum extent practicable, SUBRECIPIENT shall involve homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under ESG, providing services assisted under ESG, and providing services for occupants of facilities assisted under ESG. This involvement may include employment or volunteer services. Section 3 is relative to any of the SUBRECIPIENT's subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968 and certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES SUBRECIPIENT will use its best efforts to afford small businesses and minority and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and "minority and women's business enterprise" means a business that is at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Black Americans, Hispanic Americans, Asian/Pacific Americans, Native Americans, and Hasidic Jews.. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.18 PROGRAM BENEFICIARIES As defined by 24 CFR 576.2, 100 percent of the beneficiaries receiving ESG Funding through this Agreement must be homeless or at risk of homelessness. Income eligibility of beneficiaries will be validated by reviewing supporting documentation, during any interim and/or closeout monitoring. The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 21 3.19 AFFIRMATIVE ACTION PLAN SUBRECIPIENT agrees that it is committed to carrying out an Affirmative Action Program, pursuant to the COUNTY's specifications, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. Prior to the award of Funds, SUBRECIPIENT shall submit to the COUNTY for approval, a plan for an Affirmative Action Program. If the Affirmative Action Plan is updated during the Performance Period of this Agreement, the updated plan must be submitted to the COUNTY within 60 days of any update/modification. SUBRECIPIENT's contracting officer will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or worker's representative of SUBRECIPIENT's commitments hereunder and shall post copies of the notice in conspicuous places available to all employees and applicants for employment. 3.20 CONFLICT OF INTEREST SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement, and that no person having any conflict of interest shall be employed or subcontracted by SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 576.404 "Conflict of Interest," 2 CFR 200.318, Florida Statute 287.057 and any additional State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled, in whole or in part, by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self -manage the projects using its own employees. Any possible conflict of interest on the part of SUBRECIPIENT, its employees, or its contractors shall be disclosed, in writing to CHS provided however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low- and moderate -income residents of the project target area. 3.21 EMERGENCY SHELTERS Any emergency shelter that receives assistance for shelter operations must also meet minimum safety, sanitation, and privacy standards (Exhibit E), as required by 24 CFR 576.403(b). 3.22 PERMANENT HOUSING Housing that program participants who receive ESG assistance to remain or move into must meet the minimum habitability standards (Exhibit F) provided in 24 CFR 576.403(c) and all applicable State and Local housing codes, licensing requirements, and any other requirements in the jurisdiction in which the housing is located regarding the condition of the structure and the operation of the housing. The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 22 3.23 COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS SUBRECIPIENT must document its compliance with the requirements of 24 CFR 576.400(a) for consulting with the Continuum of Care and coordinating and integrating ESG assistance with programs targeted toward homeless people and mainstream service and assistance programs (Exhibit G). 3.24 HOMELESS PARTICIPATION SUBRECIPIENT must document its compliance with homeless participation requirements under 24 CFR 576.405(c). 3.25 BYRD ANTI -LOBBYING AMENDMENT Each tier certifies that the tier above it will not, and has not, used Federally appropriated Funds to pay any person or organization for influencing or attempting to influence the award of Federal Funds, as covered by 31 USC 1352, and more fully described in Section 4.53 of this Agreement. Contractors who apply or bid for an award of $100,000 or more shall file the required certification. 3.26 CENTRALIZED OR COORDINATED ASSESSMENT SYSTEMS AND PROCEDURES SUBRECIPIENT must maintain documentation evidencing the use of and written intake procedures for the centralized or coordinated assessment system(s) developed by the Continuum of Care, in accordance with the requirements established by HUD and identified in 24 CFR 576.500(g). 3.27 CONDITIONS FOR RELIGIOUS ORGANIZATIONS ESG Funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 576.406. SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment and will not limit or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services and will not limit such services or give preference to persons based on religion. C. It will retain its independence from Federal, State, and Local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that it does not use direct ESG Funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. The Funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, ESG Funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to ESG Funds in this part. Sanctuaries, chapels, or other rooms that an ESG The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 23 Funded religious congregation uses as its principal place of worship, however, are ineligible for ESG Funded improvements. 3.28 INCIDENT REPORTING If SUBRECIPIENT provides client services under this Agreement, SUBRECIPIENT and any of its subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person. During the term of this Agreement, SUBRECIPIENT must report to the COUNTY in writing, within one business day of occurrence, any substantial, controversial, or newsworthy incidents. The Collier County Standard Subrecipient Incident Report Form shall be used to report all such incidents. 3.29 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such determination shall not affect the validity or enforceability of any other section or part thereof. 3.30 MISCELLANEOUS SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. SUBRECIPIENT represents and warrants that the financial data, reports, and other information it furnished to the COUNTY regarding the Project are accurate and complete, and financial disclosures fairly represent the financial position of SUBRECIPIENT. SUBRECIPIENT understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the COUNTY' S or SUBRECIPIENT's responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service and, in case of a minor, that of a responsible parent/guardian. SUBRECIPIENT certifies that it has the legal authority to receive the Funds under this Agreement and its governing body has authorized the execution and acceptance of this Agreement. SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind the SUBRECIPIENT to the terms of this Agreement. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida, without giving effect to its provisions regarding choice of laws. All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all applicable Federal, State, and Municipal laws, ordinances, regulations, orders, and guidelines, including but not limited to any applicable regulations issued by CHS. The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 24 Electronic Signatures. This Agreement, and related documents entered into in connection with this Agreement, are signed when a party's signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. 3.31 WAIVER The COUNTY'S failure to act with respect to a breach by SUBRECIPIENT does not waive its right to act with respect to subsequent or similar breaches. The COUNTY'S failure to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. Remainder of Page Intentionally Left Blank The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 25 PART IV GENERAL PROVISIONS 4.1 24 CFR Part 576 Emergency Solutions Grants Program, as amended — All regulations regarding the ESG Program. elf. 24 CFR Part 576 -- Emergency Solutions Grants Program 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. https: //www. ecfr. gov/c gi-bin/text- idx?SID=1 acdb92f3bO5c3f285dd76c26d 14f54e&mc=true&node=pt24.1.58&rgn 4.3 Section 104(d) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended Section 109 of the HCD Act of 1974 1 HUD.gov / U.S. Department of Housing and Urban Development (HUD) Section 104(d) of the Housing and Community Development Act of 1974, as amended (see 42 USC 5304(d)) - HUD Exchange 4.4 Title VI of the Civil Rights Act of 1964 as amended, htlps://www.hud.goy/programdescription/title6 Title VIII of the Civil Rights Act of 1968, as amended 4.5 24 CFR 576.407 - The regulations issued pursuant to 24 CFR 5.105(a) and Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. eCFR: 24 CFR 576.407 -- Other Federal requirements. eCFR: 24 CFR 5.105 -- Other Federal requirements. 4.6 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: htips://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended 4.7 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission eeoc. ov 4.8 24 CFR 75 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 75, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 26 assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. eCFR :: 24 CFR Part 75 -- Economic Opportunities for Low- and Very Low -Income Persons SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." Section 3 requires 25 percent of the total labor hours must be worked by Section 3 workers and 5 percent of the total labor hours must be worked by Targeted Section 3 workers. If the SUBRECIPIENT is unable to meet these benchmarks, efforts taken to meet the requirements must be described. Examples include job fairs held, on the job training conducted, outreach efforts to public housing residents, and connecting residents to supportive services. SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low - and very low-income participants in other HUD programs. htlps://www.hud.%zov/sites/documents/DOC 12047.PDF SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. htlps://www.ecfr.gov/current/title-24/subtitle-Apart-75 4.9 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https://www.law.comell.edu/uscode/text/42/chqpter-76 11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.htm 11375: Amended by EO 11478 11478: https://www.archives.gov/federal-register/codification/executive-order/11478.html 12107:https://www.archives. gov/federal-register/codification/executive-order/ 12107.html 12086:https://www.archives. gov/federal-register/codification/executive-order/ l2086.html The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 27 4.10 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. https://www.govre,gs.com/regulations/eNpand/title24 part5_subpartA_section5.106 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. htips://www.dol.gov/whd/regs/statutes/safe0l.pdf 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), and 24 CFR 570.614 Subpart K. Section 504: hLtps://www.epa.gov/oc 29 USC 776: hgps://law.onecle.com/uscode/29/776.html 24 CFR 570.614: https://www.law.comell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990: https://www.hug.gov/program_ offices/fair housing equal op Americans with Disabilities Act of 1990, As Amended I ADA.gov 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.fhwa.dot.. ovg_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: 40 U.S.C. 276a - https://www. ovg info.gov/gpp/details/USCODE-2001-title40/USCODE- 2001-title40-chap3-sec276a/context 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States htips://www.law.comell.edu/cfr/text/29/Tart-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) htWs://www.law.comell.edu/cfr/text/29/Tart-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. https://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.16 As a supplement to the Davis -Bacon Act requirements, the SUBRECIPIENT agrees to comply with the "Copeland Anti -Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or subcontractors from inducing an employee to relinquish any part of his/her compensation, under the Federally Funded contract. 18 U.S.C. 874 https://www. ovi�nfo.%zov/content/pkiz/USCODE-2010-titlel8/pdf/USCODE-2010- title 18.pdf 40 U.S.C. 276c https://www. ovg info.gov/gpp/details/USCODE-2001-title40/USCODE- 2001-title40-chap3-sec276a/context The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 28 4.17 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. https://www.archives. gov/federal-register/codification/executive-order/ 11625.html 4.18 SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 576.407, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 24 CFR 576.407: https: //www. ecfr. gov/c gi-bin/text- idx?c=ecfr; sid=dc4c2f93 cdadf08974315fa2bfdf4cec;rgn=div5;view=text;node=24%3A3.1.1.3.8;i dno=24;cc=ecfr E.O. 13279: http://www.fedgovcontracts.coM/pe02-96.htm 4.19 Public Law 100-430 - the Fair Housing Amendments Act of 1988. STATUTE- 102-P lg 619.pdf (govinfo.gov) 4.20 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. https://www.hud.gov/sites/documents/DOC_7771.PDF https://www.justice.gov/crt/fair-housing-act-I Executive Order 11063 — Equal Opportunity in Housing https://www.archives.gov/federal- re sister/codification/executive-order/ 11063.html Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs htt-Ds://www.archives. Lyov/federal-register/codification/executive-order/ 12259.htmi 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O. https://www.law.comell.edu/cfr/text/24/part-107 4.21 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200 main 02.1pl 4.22 2 CFR 216 — Prohibition on certain telecommunications and video surveillance services or equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or grant funds to: 1) procure or obtain funds; 2) extend or renew a contract to procure or obtain; or 3) enter into an contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use(s) covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. 4.23 Immigration Reform and Control Act of 1986 https://www.eeoc.gov/eeoc/histoOL/35th/thelaw/irca.html 4.24 The SUBRECIPIENT agrees to comply with the following requirements: The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 29 a. Clean Air Act, 41 USC 7401, et seq. https://www. ovg info.gov/content/pkg/USCODE- 2010-title42/html/USCODE-2010-title42-chap85.htm htips://www.law.comell.edu/uscode/text/42/chgpter-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www. ovg info.gov/content/pkg/USCODE-2011-title33/pdf/USCODE-2011-title33- chap26.pdf https://www.law.comell.edu/uscode/text/33/chapter-26 4.25 Section 6002 of the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act and regarding those items identified in 40 CFR Part 247 of the EPA guidelines httr)s://www.eDa. izov/enforcement/resource-conservation-and-recoverv-act-rcra-and-federal- facilities htlps://www.law.comell.edu/cfr/text/40/247.1 4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. https://www.law.comell.edu/cfr/text/24/570.605 4.27 SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to the HUD Lead- Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. Lead -Based Paint - HUD Exchange 4.28 SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. https://www. achp.gov/sites/default/files/regulations/2017-02/regs-revO4.pdf In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State or Local historic property list. 4.29 SUBRECIPIENT must certify that it will provide drug -free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). https://www.gpo. o�ys/granule/USCODE-2009-title4l/USCODE-2009-title4l-chapl0- sec701 4.30 SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in Executive order 12549. https://www.archives.Eov/federal-register/codification/executive-order/ 12549.html The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 30 4.31 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. 4.32 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. Subrecipients exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. Per 2 CFR 200.344, if this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. eCFR:: 2 CFR Part 200 Subpart F -- Audit Requirements 4.33 Any real property acquired by SUBRECIPIENT for carrying out the projects stated herein and approved by the COUNTY, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24, shall be subject to the provisions of 24 CFR 576.408 including, but not limited to, the provisions on use and disposition of property. A displaced person must be advised of his or her rights under the Fair Housing Act (42 U.S.C. 3601 et seq.). This policy does not require providing a person a larger payment than is necessary to enable a person to relocate to a comparable replacement dwelling (See 49 CFR 24.505(c)(2)(ii)(D). https://www.gpo. og v/fdsys/granule/CFR-2009-title49-voll/CFR-2009-title49-voll-part24 4.34 No Federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.35 SUBRECIPIENT agrees that no funds provided, nor personnel employed under the Agreement shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. (Hatch Act). https://www.gpo. o�ys/granule/USCODE-2009-title4l/USCODE-2009-title4l-chapl0- sec701 /content-detail.html 4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. htlps://www.lzsa.goy/portal/content/104877 The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 31 4.37 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. htlps://www.govregs.com/regulations/expand/title24 ]2art5_subpartA_section5.106 4.38 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in §5.100, required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. eCFR: 24 CFR Part 214 Subpart D -- Program Administration https://www.law.comell.edu/cfr/text/24/5.111 4.39 Unaccompanied youth under 25 years of age, or families with children and youth who do not otherwise qualify as homeless under the definition of homeless in 24 CFR 576.2, but who are defined under Section 387(3) of the Runaway and Homeless Youth Act (42 U.S.C. 5732a(3)), Section 637(11) of the Head Start Act 42 U.S,C. 9832(11)), Section 41403(6) of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-2(6)), Section 330(h)(5)(A) of the Public Health Service Act (42 U.S.C. 254b(h)(5)(A)), Section 3(m) of the Food and Nutrition Act of 2008 7 U.S.C.2012(m)), Section 17(b)(15) of the Child Nutrition Act of 1966 (U.S.C. 1786 (b)(15)), Section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)) https://www.federalre ig s�gov/documents/2016/12/20/2016-30241/runaway-and-homeless- 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. httns://www.federalreciister.tiov/documents/2016/11 /16/2016-25888/violence-aeainst-women- reauthorization-act-of-2013-implementation-in-hud-housing-pro rg ams 4.41 Any rule or regulation determined to be applicable by HUD. 4.42 Limited English Proficiency: SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at http://www.lep.gov. 4.43 Equal Treatment of Faith -Based Organizations: By regulation, HUD prohibits all recipient organizations from using financial assistance from HUD to fund explicitly religious activities. SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see https:Hojp.gov/about/ocr/partnerships.htm. Discrimination based on religion in employment is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on a case -by -case basis to allow some faith -based organizations to receive HUD funds while taking into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights. 4.44 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. SUBRECIPIENT agrees to avoid The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 32 the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See https://ojp.gov/about/ocr/pdfs/UseofConviction_Advisory.pdf for more details. 4.45 Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352): SUBRECIPIENT will not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. 31 U.S.C. 1352 - Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions - Document in Context - USCODE-2010-title3l- subtitlell-chapl3-subchapIII-secl352 (govinfo.gov) 31 U.S. Code § 1352 - Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions I U.S. Code I US Law I LII / Legal Information Institute (cornell.edu) 4.46 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds. 18 U.S. Code § 1001 - Statements or entries generally I U.S. Code I US Law I LII / Legal Information Institute (comell.edu) Beneficiaries are subject to this False Claims Act that include the following: 31 U.S.C. 3729 - False claims - Document in Context - USCODE-2010-title3l-subtitleIII-chap37-subchapIII-sec3729 (govinfo.gov) 31 U.S. Code § 3729 - False claims I U.S. Code I US Law I LII / Legal Information Institute (comell.edu) 4.47 Political Activities Prohibited: None of the funds provided directly or indirectly under this Agreement shall be used for any political activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor any funds provided hereunder shall be utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. 4.48 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD encourages The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 33 recipients and subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by HUD and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 4.49 Trafficking in Persons: SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of SUBRECIPIENT and any employees of SUBRECIPIENT. The details of the SUBRECIPIENT's obligations related to prohibited conduct related to the trafficking of persons are posted at htips:Hojp.gov/funding/Explore/ProhibitedConduct-Trafficking htm. 4.50 Association of Community Organizations for Reform Now (ACORN): SUBRECIPIENT understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of OJP. 4.51 If SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under this funding agreement, SUBRECIPIENT must comply with the requirements of 37 CFR Part 401, "Rights of Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by HUD. http s : //www. ecfr. gov/c gi- bin/retrieveECFR?g=p=&SID=a004b6bf20934ace7a717de761 dc64c0&mc=true&n=pt37.1.401 &r =PART&ty=HTML 4.52 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes- https://www.lawserver. com/law/state/florida/statutes/florida_statutes_chapter_ 112_part_iii Collier County- htlp://www.colliergov.net/home/showdocument?id=35137 4.53 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. 4.54 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). The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 34 4.55 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision -making authority and by COUNTY's staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. htlps://www.flsenate.%zov/Laws/Statutes/2012/44.102 4.56 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. http://www.le .state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search String=&UR L=0200-0299/0287/Sections/0287.133.htm1 4.57 Florida Statutes section 448.095 Employment Eligibility. Per Florida Statutes section 448.095(3), all Florida private employers are required to verify employment eligibility for all new hires beginning January 1, 2021. Eligibility determination is not required for continuing employees hired prior to January 1, 2021. http://www.leg.state.fl.us/statutes/index.cftn?App Statute&URL=0400- 0499/0448/0448.html 4.58 Florida Statutes section 713.20, Part 1, Construction Liens https://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display_ Statute&URL=0700- 0799/0713/0713.html 4.59 Florida Statutes section 119.021 Records Retention htip://www.leg.state.fl.us/Statutes/index.cfm?Ao mode=Display Statute&URL=0100- 0199/0119/Sections/0119.021.htm1 4.60 Florida Statutes section 119.071, Contracts and Public Records htip://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display Statute&URL=0100- 0199/0119/Sections/0119.071.htm1 The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 35 4.61 ENTIRE AGREEMENT This Agreement constitutes the entire agreement between COUNTY and SUBRECIPIENT for the use of Funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between COUNTY and SUBRECIPIENT with respect to this Agreement. Signature Page to Follow The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 36 IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: AS TO THE COUNTY: CRYSTAL K. KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk By: RICK LOCASTRO, CHAIRMAN Dated: (SEAL) Date: WI SES: ou"In Witness #1 Si ture NF�� Witness #1 Printed Name Witness #2 Signature 5�e,n�+c�tP_ 1%11sn65 Witness #2 Printed Name Approved as to form and legality: Derek D. Perry V Assistant County Attorney Date: The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 37 AS TO SUBRECIPIENT: THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. LINDA OBERHAUS, CHIEF EXECUTIVE OFFICER Date: / T [Please provide evidence of signing authority] EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 Tamiami Trail East, Suite 213, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1— 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the Certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPEENT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 38 OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract. 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A (As Their Interest May Appear). 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee with respect to this coverage A.T.I.M.A. The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 39 EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. SUBRECIPIENT Address: PO BOX 10102, NAPLES, FL Project Name: SHELTER OPERATIONS Project No: ES23-01_ Payment Request # Total Payment Minus Retainage Period of Availability: - through Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request (Total expenditures this period minus retaina e, if applicable) $ $ 4. Current Grant Balance (Grant Amount minus previous requests minus today's request) $ $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor (Approval required $14,999 and below) The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 40 Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) C�,p EXHIBIT B-1 Match Form Collier County Request for Match SECTION I: REQUEST FOR PAYMENT Subreci Tent Name: SHELTER FOR ABUSED WOMEN & CHILDREN, INC. Subreci Tent Address: PO BOX 10102, NAPLES, FL Project Name: SHELTER OPERATIONS Project No: ES23-01 I Match Re uest # Match Amount Request Today: $0.00 SECTION I: STATUS OF FUNDS 1. Total Match Amount per Agreement $0.00 2. Total Amount of Previous Match Submitted (Insert Amount) $0.00 3. Total Match Amount Awarded Per Agreement Less Total Amount of Previous Match Submitted S0.00 4. Amount of Today's Request (Insert Amount) $0.00 5. Match Balance (Match per Agreement less the Sum of All Match Submitted) $0.00 I certify that this request for payment/match has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as SUBRECIPIENT/DEVELOPER. To the best of my knowledge and belief, all grant requirements have been ollowed. Signature Title Authorizing Grant Coordinator Date Authorizing Grant Accountant Supervisor Department Director The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 41 C�p EXHIBIT C Emergency Solutions Grants (ESG) Quarterly Performance Report Subreci Tent Name: SHELTER FOR ABUSED WOMEN & CHILDREN, INC. Report Period: Fiscal Year: Contract Number: Organization/s: Program/s: Contact Name: Contact Number: ES23-01 SHELTER FOR ABUSED WOMEN & CHILDREN, INC.- ESG JULIE FRANKLIN Activity Reporting Period Report Due Date October lst — December 31st January loth January 1st — March 31 st Aril 1 oth April 1" — June 30' Julyloth Jul lst— September 30th October loth Characteristics Report 1. Report Selection Criteria Ethnicity Quarter YTD Race Non- Hispanic Hispanic Non - Hispanic Hispanic White Black/African American Asian American Indian/Alaskan Native Native Hawaiian/Other Pacific Islander Other/Multi-Racial 2. Number of adults and children served: a. Residential Quarter YTD Number of Adults Number of Children Number of Unknown Age b. Non -Residential Number of Adults Number of Children Number of Unknown Age The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 42 3. Number of individuals/families served, by categories: Quarter YTD a. Number of individual households (singles) Male Female Male Female Unaccompanied 18 and over Unaccompanied 17 and under Quarter YTD b. Number of Families with children Male Female Male Female Headed by single 18 and over Headed by single 17 and under Headed by two parents 18 and over Headed by two parents 17 and under Number of Families with no children TOTAL 4. Total project(s)/service(s) provided to clients in range: Quarter YTD a. emergency shelter facilities shelter b. vouchers for shelters c. drop -in center d. food pantry e. mental health f alcohol/drug g. childcare h. employment i. transitional '. outreach k. soup kitchen/meal distribution 1. health care m. HIV/AIDS services n. other lease list TOTAL 5. Number of clients served by sub population (du licated count): Quarter YTD a. Chronically Homeless b. Victims of Domestic Violence c. Elderly d. Veterans e. Individuals with HIV/AIDS f Chronic Substance Abuse alcohol and/or drug) g. Severely Mentally Ill h. Runaway / throwaway youth The Shelter for Abused Women & Children, hic. ES23-01 Shelter Operations Page 43 i. Other disability (Physical and/or Developmental) TOTAL (Chronically Homeless- HUD definition of a chronically homeless person is an unaccompanied homeless individual with a disabling condition who has either: 1) been continuously homeless for a year a more, or 2) has had at least four episodes of homelessness in the past three years.) 6. Clients housed by shelter type: Quarter YTD Barracks Group/Large House Scattered Site Apartment Single Family Detached House Single Room Occupancy Mobile Home/Trailer Hotel/Motel Other Apartment/Complex Other Single -Family Duplex Other TOTAL I hereby certify the above information is true and accurate. Signature: Printed Name: Title: Your typed name here represents your electronic signature. The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 44 Date: EXHIBIT C-1 Emergency Solutions Grants (ESG) Leveraged Funds Report Leveraged Funds must be identified, tracked, and verifiable. Resources must be fully identified and described as submitted with SUBRECIPIENT's application. Subrecipient Name: SHELTER FOR ABUSED WOMEN & CHILDREN, INC. Report Period: Fiscal Year: Contract Number: Program: Contact Name: Contact Number: ES23-01 ESG JULIE FRANKLIN Leveraged Funds See EXAMPLE below for how to complete this form. Source Amount Type Use Total Project Cost Ratio: EXAMPLE Source Amount Type Use CDBG $1,000,000 Other Federal Funds Land Acquisition HOME $870,000 Federal Funds Infrastructure Private Donation $1,200,000 Cash & In -Kind Infrastructure Philanthropic $3,500,000 Cash — local funds 52 units Affordable Housing Total Project Cost $6,570,000 Ratio: $1 Federal Dollar $2.51 Local Funds Signature Page to Follow The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 45 I hereby certify the above information is true and accurate. Signature: Printed Name: Title: Date: Your typed name here represents your electronic signature. The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 46 EXHIBIT D ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding the organization's compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Subrecipient SHELTER FOR ABUSED WOMEN & CHILDREN, INC. Name First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year (MM/DD/YY) Total Federal Financial Assistance Expended Total State Financial Assistance Expended during most during most recently completed Fiscal Year recently completed Fiscal Year Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been met and a ❑ Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ❑ Are a for -profit organization ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we understand that the audit report contains ❑ a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title 06/ 18 The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 47 EXHIBIT E EMERGENCY SHELTERS Minimum Standards The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for Emergency Shelters, as applicable: 24 CFR 576.403(b): Minimum standards for emergency shelters. Any building for which Emergency Solutions Grant (ESG) funds are used for conversion, major rehabilitation, or other renovations, must meet State or Local government safety and sanitation standards, as applicable, and the following minimum safety, sanitation, and privacy standards. Any emergency shelter that receives assistance for shelter operations must also meet the following minimum safety, sanitation, and privacy standards. The COUNTY may also establish standards that exceed or add to these minimum standards. (1) Structure and materials. The shelter building must be structurally sound to protect residents from the elements and not pose any threat to health and safety of the residents. Any renovation (including major rehabilitation and conversion) carried out with ESG assistance must use Energy Star and WaterSense products and appliances. (2) Access. The shelter must be accessible in accordance with Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; the Fair Housing Act (42 U.S.C. 360, et seq.) and implementing regulations at 24 CFR part 100; and Title II of the Americans with Disabilities Act (42 U.S.C. 12131, et. Seq.) and 28 CFR part 35; where applicable. (3) Space and security. Except where the shelter is intended for day use only, the shelter must provide each program participant in the shelter with an acceptable place to sleep and adequate space and security for themselves and their belongings. (4) Interior air quality. Each room or space within the shelter must have a natural or mechanical means of ventilation. The interior air must be free of pollutants at a level that might threaten or harm the health of residents. (5) Water supply. The shelter's water supply must be free of contamination. (6) Sanitary facilities. Each program participant in the shelter must have access to sanitary facilities that are in proper operating condition, are private, and are adequate for personal cleanliness and the disposal of human waste. (7) Thermal environment. The shelter must have any necessary heating/cooling facilities in proper operating condition. (8) Illumination and electricity. The shelter must have adequate natural or artificial illumination to permit normal indoor activities and support health and safety. There must be sufficient electrical sources to permit the safe use of electrical appliances in the shelter. (9) Food preparation. Food preparation areas, if any, must contain suitable space and equipment to store, prepare, and serve food in a safe and sanitary manner. (10) Sanitary conditions. The shelter must be maintained in a sanitary condition. (11) Fire safety. There must be at least one working smoke detector in each occupied unit of the shelter. Where possible, smoke detectors must be located near sleeping areas. The fire alarm system must be designed for hearing -impaired residents. All public areas of the shelter must have at least one working smoke detector. There must also be a second means of exiting the building in the event of fire or other emergency. The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 48 C�p EXHIBIT F PERMANENT HOUSING The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for Permanent Housing, as applicable: 24 CFR 576.403(c): Minimum standards for permanent housing. The SUBRECIPIENT cannot use ESG funds to help a program participant remain or move into housing that does not meet the minimum habitability standards provided in this paragraph. The COUNTY may also establish standards that exceed or add to these minimum standards. (1) Structure and materials. The structures must be structurally sound to protect residents from the elements and not pose any threat to health and safety of the residents. (2) Space and security. Each resident must be provided adequate space and security for themselves and their belongings. Each resident must be provided an acceptable place to sleep. (3) Interior air quality. Each room or space must have a natural or mechanical means of ventilation. The interior air must be free of pollutants at a level that might threaten or harm the health of residents. (4) Water supply. The water supply must be free of contamination. (5) Sanitary facilities. Residents must have access to sanitary facilities that are in proper operating condition, are private, and are adequate for personal cleanliness and the disposal of human waste. (6) Thermal environment. The housing must have any necessary heating/cooling facilities in proper operating condition. (7) Illumination and electricity. The structure must have adequate natural or artificial illumination to permit normal indoor activities and support health and safety. There must be sufficient electrical sources to permit the safe use of electrical appliances in the structure. (8) Food preparation. All food preparation areas must contain suitable space and equipment to store, prepare, and serve food in a safe and sanitary manner. (9) Sanitary conditions. The housing must be maintained in a sanitary condition. (10) Fire Safety. There must be a second means of exiting the building in the event of fire or other emergency. Each unit must include at least one battery -operated or hard -wired smoke detector, in proper working condition, on each occupied level of the unit. Smoke detectors must be located, to the extent practicable, in a hallway adjacent to a bedroom. If the unit is occupied by hearing impaired persons, smoke detectors must have an alarm system designed for hearing -impaired persons in each bedroom occupied by a hearing -impaired person. The public areas of all housing must be equipped with a sufficient number, but not less than one for each area, of battery -operated or hard -wired smoke detectors. Public areas include, but are not limited to, laundry rooms, community rooms, day care centers, hallways, stairwells, and other common areas. The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 49 EXHIBIT G COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must adhere to 24 CFR 576.400 and coordinate with the Continuum of Care and other programs. (a) Consultation with the Continuum of Care. The SUBRECIPIENT and COUNTY must consult with the Continuum of Care to determine how to allocate ESG funds each program year; develop the performance standards for, and evaluate the outcomes of, projects and activities assisted by ESG funds; and develop funding, policies, and procedures for the administration and operation of the HMIS. (b) Coordination with other targeted homeless services. The SUBRECIPIENT and COUNTY must coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community -wide system to prevent and end homelessness for that area. These programs include: (1) Shelter Plus Care Program (24 CFR part 582) (2) Supportive Housing Program (24 CFR part 583) (3) Section 8 Moderate Rehabilitation Program for Single Room Occupancy Program for Homeless Individuals (24 CFR part 882) (4) HUD -Veterans Affairs Supportive Housing (HUD—VASH) (division K, title II, Consolidated Appropriations Act, 2008, Pub. L. 110-161 (2007), 73 FR 25026 (May 6, 2008)) (5) Education for Homeless Children and Youth Grants for State and Local Activities (title VII— B of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq. )) (6) Grants for the Benefit of Homeless Individuals (section 506 of the Public Health Services Act (42 U.S.C. 290aa-5) (7) Healthcare for the Homeless (42 CFR part 51 c) (8) Programs for Runaway and Homeless Youth (Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.)) (9) Projects for Assistance in Transition from Homelessness (part C of title V of the Public Health Service Act (42 U.S.C. 290cc-21 et seq.)) (10) Services in Supportive Housing Grants (section 520A of the Public Health Service Act) (11) Emergency Food and Shelter Program (title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331 et seq.)) (12) Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program (section 40299 of the Violent Crime Control and Law Enforcement Act (42 U.S.C. 13975)) (13) Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless Veterans Comprehensive Assistance Act (38 U.S.C. 2021)) (14) Domiciliary Care for Homeless Veterans Program (38 U.S.C. 2043) (15) VA Homeless Providers Grant and Per Diem Program (38 CFR part 61) (16) Health Care for Homeless Veterans Program (38 U.S.C. 2031) (17) Homeless Veterans Dental Program (38 U.S.C. 2062) (18) Supportive Services for Veteran Families Program (38 CFR part 62) (19) Veteran Justice Outreach Initiative (38 U.S.C. 2031) The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 50 C'�p (c) System and program coordination with mainstream resources. The SUBRECIPIENT and COUNTY must coordinate and integrate, to the maximum extent practicable, ESG-funded activities with mainstream housing, health, social services, employment, education, and youth programs for which families and individuals at risk of homelessness and homeless individuals and families may be eligible. Examples of these programs include: (1) Public housing programs assisted under Section 9 of the U.S. Housing Act of 1937 (42 U.S.C. 1437g) (24 CFR parts 905, 968, and 990) (2) Housing programs receiving tenant -based or project -based assistance under Section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f) (respectively 24 CFR parts 982 and 983) (3) Supportive Housing for Persons with Disabilities (Section 811) (24 CFR part 891) (4) HOME Investment Partnerships Program (24 CFR part 92) (5) Temporary Assistance for Needy Families (TANF) (45 CFR parts 260-265) (6) Health Center Program (42 CFR part 51 c) (7) State Children's Health Insurance Program (42 CFR part 457) (8) Head Start (45 CFR chapter XIII, subchapter B) (9) Mental Health and Substance Abuse Block Grants (45 CFR part 96) (10) Services funded under the Workforce Investment Act (29 U.S.C. 2801 et seq.) (d) Centralized or coordinated assessment. Once the Continuum of Care has developed a centralized assessment system or a coordinated assessment system in accordance with requirements to be established by HUD, each ESG-funded program or project within the Continuum of Care's area must use that assessment system. The COUNTY and SUBRECIPIENT must work with the Continuum of Care to ensure the screening, assessment, and referral of program participants is consistent with the written standards required by paragraph (e) of this section. A victim service provider may choose not to use the Continuum of Care's centralized or coordinated assessment system. (e) Written standards for providing ESG assistance. The SUBRECIPIENT must have written standards for providing ESG assistance and must consistently apply those standards for all program participants. At a minimum, these written standards must include: (1) Standard policies and procedures for evaluating individuals' and families' eligibility for assistance under ESG. (2) Standards for targeting and providing essential services related to street outreach. (3) Policies and procedures for admission, diversion, referral, and discharge by emergency shelters assisted under ESG, including standards regarding length of stay, if any, and safeguards to meet the safety and shelter needs of special populations, e.g., victims of domestic violence, dating violence, sexual assault, and stalking; and individuals and families who have the highest barriers to housing and are likely to be homeless the longest. (4) Policies and procedures for assessing, prioritizing, and reassessing individuals' and families' needs for essential services related to emergency shelter. (5) Policies and procedures for coordination among emergency shelter providers, essential services providers, homelessness prevention, and rapid re -housing assistance providers; other homeless assistance providers; and mainstream service and housing providers (see §576.400(b) and (c) for a list of programs with which ESG-funded activities must be coordinated and integrated to the maximum extent practicable). (6) Policies and procedures for determining and prioritizing which eligible families and individuals will receive homelessness prevention assistance and which eligible families and individuals will receive rapid re -housing assistance. The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 51 C,�p (7) Standards for determining what percentage or amount of rent and utilities costs each program participant must pay while receiving homelessness prevention or rapid re -housing assistance. (8) Standards for determining how long a program participant will be provided with rental assistance and whether and how the amount of that assistance will be adjusted over time. (9) Standards for determining the type, amount, and duration of housing stabilization and/or relocation services to provide a program participant, including the limits, if any, on the homelessness prevention or rapid re -housing assistance that each program participant may receive; such as the maximum amount of assistance, maximum number of months the program participant receives assistance, or the maximum number of times the program participant may receive assistance. (f) Participation in HMIS. The SUBRECIPIENT must ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community wide HMIS or a comparable database, in accordance with HUD's standards on participation, data collection, and reporting under a local HMIS. If the SUBRECIPIENT is a victim service provider or a legal services provider, it may use a comparable database that collects client -level data over time (i.e., longitudinal data) and generates unduplicated aggregate reports based on the data. Information entered in a comparable database must not be entered directly into or provided to an HMIS. The Shelter for Abused Women & Children, Inc. ES23-01 Shelter Operations Page 52 FAIN # B-23-UC-12-0016 Federal Award Date 10/2023 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded $500,000.00 Subrecipient Name Collier County Housing Authority UEI# WHDZXBD56 L1 FEIN 59-1490555 R&D NA Indirect Cost Rate NA Period of Performance 10/01/2023 — 04/30/2025 Fiscal Year End 09/30 Monitor End: 12/2030 AGREEMENT BETWEEN COLLIER COUNTY AND Collier County Housing Authority CDBG Grant Program — Construction/Rehabilitation THIS AGREEMENT is made and entered into this day of 2023, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY") having its principal address at 3339 Tamiami Trail East, Suite 213, Naples FL 34112, and Collier County Housing Authority ("SUBRECIPIENT"), a public body corporate and politic, created and existing under and by virtue of the Laws of the State of Florida, Chapter 421 having its principal office at 1800 Farm Worker Way, Immokalee, FL 34142. WHEREAS, the COUNTY has entered into an Agreement with the United States Department of Housing and Urban Development (HUD) for a grant to execute and implement a Community Development Block Grant (CDBG) Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the Board of County Commissioners of Collier County ("Board") approved the Collier County Consolidated Plan — One-year Action Plan for Federal Fiscal Year 2023-2024 for the CDBG Program with Resolution on July 11, 2023 — Agenda Item ; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the COUNTY advertised the 2023-2024 Annual Action Plan, on May 18, 2023, with a 30-day Citizen Comment period from May 18, 2023 to June 19, 2023; and COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 1 O V� WHEREAS, the SUBRECIPIENT has submitted a proposal for participation in the Collier County CDBG program; and WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in undertaking the CDBG project — (CD23-01) Collier County Housing Authority HVAC Installation. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART SCOPE OF WORK SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing CDBG assistance as provided herein and, as determined by Collier County Community and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows: Project Name: Collier County Housing Authority — HVAC Installation Description of project and outcome: CHS, as an administrator of the CDBG program, will make available FY 2023-2024 CDBG funds up to the gross amount of $500,000 to Collier County Housing Authority to fund the rehabilitation of affordable housing units in Immokalee, FL through the purchase and installation of Heating, Ventilation, and Air Conditioning (HVAC) systems. Project Component One: Purchase and installation of HVAC systems including, but not limited to, any related construction, permitting, installation costs and any other associated costs/fees. The property will be deed restricted for five (5) years commencing on the date of initially meeting one of the National Objectives, in accordance with 24 CFR 570.505, if applicable. 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of execution of this Agreement, SUBRECIPIENT must deliver to CHS for approval, a detailed project schedule for the completion of the project. B. SUBRECIPIENT must submit the following resolutions and policies to CHS within sixty (60) days of execution of this Agreement: ® Affirmative Fair Housing Policy ® Affirmative Action/Equal Opportunity Policy ® Conflict of Interest Policy (COI) and related COI Forms ® Procurement Policy COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 2 O ® Uniform Relocation Act (URA) Policy ® Sexual Harassment Policy ® Section 3 Policy ® Section 504/ADA Policy ® Fraud, Waste, and Abuse Policy ® Language Assistance and Planning Policy (LAP) ® Limited English Proficiency Policy (LEP) ® Violence Against Women Act (VAWA) Policy ® LGBTQ Policy C. Environmental Review Requirement (ERR) — This Agreement does not constitute a commitment of funds or site approval. The commitment of funds or site approval may occur only upon satisfactory completion of environmental review, executed by the COUNTY, and either (i) the determination that the project is exempt or (ii) the COUNTY's receipt of an approved request for release of funds and certification from HUD, under 24 CFR Part 58. The provision of any funds to the project is conditioned on the COUNTY's determination to proceed with, modify, or cancel the project based on the results of the environmental review. No program costs can be incurred until an environmental review of the project is completed and approved by the COUNTY. Further, SUBRECIPIENT will not undertake any activity or commit any funds prior to CHS issuing a Notice to Proceed (NTP) letter. Violation of this provision may result in the termination of this subaward and/or the denial of any reimbursement of funds under this Agreement. D. Annual Subrecipient Training — All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement shall attend the CHS- sponsored Annual SUBRECIPIENT Fair Housing training. In addition, at least one staff member shall attend all other CHS-offered SUBRECIPIENT training, relevant to the Project, as determined by the Grant Coordinator, not to exceed four (4) sessions. E. Limited English Proficiency — Persons who, as a result of national origin, do not speak English as their primary language and who have limited ability to speak, read, write, or understand English ("limited English proficient persons" or "LEP persons") may be entitled to language assistance under Title VI of the Civil Rights Act of 1964 (Title VI) in order to receive a particular service, benefit, or encounter. In accordance with Title VI and its implementing regulations, SUBRECIPIENT agrees to take reasonable steps to ensure meaningful access to activities funded with HUD Funds by LEP persons. Any of the following actions could constitute "reasonable steps," depending on the circumstances: acquiring translators to translate vital documents; advertisements or notices; acquiring interpreters for face-to-face interviews with LEP persons; placing advertisements and notices in newspapers that serve LEP persons; partnering with other organizations that serve LEP populations to provide interpretation, translation, or dissemination of information regarding the project; hiring bilingual employees or volunteers for outreach and intake activities; contracting with a telephone line interpreter service; etc. COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 3 O V; 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component 1: Purchase and installation of HVAC systems including, but not $500,000.00 limited to, any related construction, permitting, installation costs and all other associated costs/fees. Total Federal Funds: $500,000.00 SUBRECIPIENT will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ® Maintain beneficiary income certification documentation, and provide to the COUNTY as requested ® Maintain National Objective Documentation, and provide to COUNTY, as requested ® Provide Quarterly Reports on National Objective and project progress ® Provide Quarterly Leverage Funds Report ® Ensure attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS ® Ensure attendance by SUBRECIPIENT and General Contractor at Pre -Construction meetings, prior to SUBBRECIPIENT issuing Notice to Proceed (NTP) to contractor ® Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation ® Identify Lead Project Manager ® Provide Site Design and Specifications ® Submit Change Orders for CHS approval prior to SUBRECIPIENT authorizing work ® Comply with Davis -Bacon Act Labor Standards and maintain supporting documentation ® Comply with Section 3 reporting requirements and maintain supporting documentation ® Provide weekly certified payroll throughout construction and rehabilitation ® Comply with Uniform Relocation Act (URA), if applicable ® Ensure applicable number of units are Section 504/ADA accessible ® Ensure the applicable continued use period for the project is met B. National Objective The CDBG program Funds awarded to Collier County must benefit low- to moderate -income persons (LMI). As such, SUBRECIPIENT shall ensure that all activities and beneficiaries meet the definition of: ❑ LMA — Low/Mod Area Benefit ❑ LMC — Low/Mod Clientele Benefit COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 4 O V� ® LMH — Low/Mod Housing Benefit ❑ LMJ — Low/Mod Job Benefit LMA: Must document that at least 51 percent of the residents are LMI persons, based on HUD determined eligible census tracts. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment for this Agreement. LMC: Must document that at least 51 percent of persons served, are low- to moderate - income persons or households, in order to meet a CDBG National Objective. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment for this Agreement. LMH: Must document providing or improving permanent residential structures, which upon completion will be occupied by LMI households. Structures with three or more units must contain at least 51 percent occupied by LMI households, and structures with less than three units must be occupied by 100 percent LMI households. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment for this Agreement. LMJ: Must document job creation and retention. The LMI benefit national objective addresses activities designed to create or retain permanent jobs, at least 51 percent of which (computed on a full-time equivalent basis) will be made available to or held by LMI persons. Failure to achieve the national objective under this Agreement will require repayment of the CDBG investment for this Agreement. C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Insurance Exhibit A - Insurance Certificate Within 30 days of Agreement execution and Annually within thirty 30 days of renewal Special Grant Condition Policies Policies as stated in this Within sixty (60) days of Section 1.1 Agreement Agreement execution Detailed Project Schedule Project Schedule Within sixty (60) days of Agreement execution Project Plans and Specifications Site Plans and Specifications Prior to procurement Draft Procurement Documents Independent Cost Estimate, Within 90 days of Agreement (Bid Packet)* Method of Procurement, Bid execution Advertisement, Solicitation Packet Subcontractor Log Subcontractor Log Initially at construction start, and quarterl thereafter Quarterly Progress Report Exhibit C Quarterly reports. Annually after closeout. Section 3 Report Quarterly Report of New Hire Quarterly; within 10 days Information following the end of the quarter. Annually after closeout. Complaint Logs Fair Housing, EEO, AA and Quarterly; within 10 days Incident Log following the end of the quarter. COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 5 O 2. Final report upon submission of final pay request. 3. Annually after closeout. Leverage Funds Report Exhibit C-1 Quarterly within 10 days following quarter end. Final report is due upon submission of the final pay request in Nei hborl . Davis -Bacon Act Certified Weekly Certified Payroll Weekly within 7 days following Payroll reports, forms, and supporting issuance of payroll checks documentation Annual Audit Monitoring Exhibit E Annually, within 60 days after Report FY end Financial and Compliance Audit Audit, Management Letter, and Annually: nine (9) months after Supporting Documentation FY end for Single Audit OR one hundred eighty (180) days after FY end Continued Use Certification Continued Use Affidavit, if Annually, for five (5) years after applicable Project Closeout Capital Needs Assessment Plan Plan approved by the COUNTY Initial Plan due after construction completion. Annually throughout the continued use period Program Income Reuse Plan Plan Approved by the COUNTY Annually throughout the continued use period * SUBRECIPIENT's Notice to Proceed may be withheld if procurement deliverables are not submitted in a timely manner, as stated in Section 1.2.C, Performance Deliverables. SUBRECIPIENT must submit to the COUNTY for approval, all Change Orders required during the project. Failure to submit Change Orders in a timely manner, may result in delay or withholding of payment, as well as a cease work order until all change orders have been reviewed and approved, at which time a new Notice to Proceed will be issued. D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Purchase Submission of supporting documents Monthly invoices, due and installation of HVAC must be provided as backup, as evidenced by the 30th day of systems including, but not limited by AIA or similar document, per each month. to, any related construction, contractor's Schedule of Values, canceled permitting, installation costs and check and/or bank statements, copy of all other associated costs/fees. any permits, invoices and any other additional documentation as requested. 10% retainage ($50,000) will be released upon final monitoring clearance and meeting the National Objective. For clarity, the County will not withhold 10% on each pay request. COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 6 O Final 10 percent retainage will be paid upon completion of final monitoring clearance and documentation of meeting the National Objective. SUBRECIPIENT'S failure to achieve the National Objective will require repayment of the CDBG investment under this Agreement. 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall begin on October 1, 2023 and shall end on April 30, 2025 unless terminated earlier in accordance with provisions of Paragraph 3.8, Defaults, Remedies, and Termination. 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, following receipt of SUBRECIPIENT's written request submitted at least 30 days prior to agreement period of performance end date. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available FIVE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($500,000.00) for use by SUBRECIPIENT during the term of the Agreement (hereinafter, shall be referred to as the "Funds"). Modification to the Budget and Scope may only be made if approved in advance. Budgeted Fund shifts among line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only be made with Board of County Commissioners (Board) approval. The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks, as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of CDBG Funds until needed for eligible costs; and all disbursement requests must be limited to the amount needed at the time of the request. SUBRECIPIENT may expend Funds only for allowable costs resulting from obligations incurred during the term of this Agreement. Invoices for work performed are required every month. If no work has been performed during the month, or if SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to SUBRECIPIENT when requested as work progresses, but not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. COUNTY will pay SUBRECIPIENT Funds available under this Agreement based on information submitted by SUBRECIPIENT and consistent with an approved budget and COUNTY policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by SUBRECIPIENT, not to exceed actual cash requirements. Payments COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 7 O V� will be adjusted by CHS in accordance with advance Fund and program income balances available in SUBRECIPIENT accounts. In addition, COUNTY reserves the right to liquidate Funds available under this Agreement for costs incurred by COUNTY on behalf of SUBRECIPIENT. CHS may withhold any payment request until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements, including timely submission of Performance Deliverables contained in Section 1.2.C. Late submission of deliverables or evidence of project inactivity may cause payment suspension of any open pay requests until the required deliverables are received or substantial proiect progression occurs, as determined by CHS. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice, and in compliance with sections 218.70-218.80, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 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. 1.5 RIGHT OF FIRST REFUSAL If SUBRECIPIENT offers the Property for sale before the end of the Continued Use Period, SUBRECIPIENT must allow a 90-day right of first refusal (ROFR) period to experienced non- profit organizations, reasonably approved by the COUNTY, for purchase of the Property at the then current market value or any other offer considered, in the sole determination of the COUNTY to be reasonable, for continued occupancy by eligible persons. The 90-day right of first refusal period begins when a legal advertisement appears in a local newspaper of general circulation, or other method authorized by statute or regulation, offering the Property for sale to non-profit organizations. 1.6 LEVERAGE FUNDS Leveraged funds must be identified, tracked, and verifiable in the SUBRECIPIENT's records. Resources must be fully identified and described in the Agreement and the approved budget submitted with the application. Resources must also meet the following criteria to be allowable as leverage: a. Expenditures of leveraged funds or resources are permitted only for eligible activities and allowable costs under the cost principles specified by the OMB Circulars referenced in this Agreement. Expenditures must be necessary and reasonable for proper and efficient accomplishment of project or program objectives. b. Leveraged resources committed on one project may not be used as leverage or match for any other project or program. c. Leveraged resources must represent newly created resources covering expenditures that would not be incurred if the award were not made. COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 8 O V� d. Leveraged resources may not be Federal funds under a different award, except where Federal statute allows their use for cost sharing (such as the Community Development Block Grant program). e. Third -party cash or in -kind contributions offered as leverage require a commitment letter on company letterhead signed by the individual who is in a position to commit the in -kind contribution. The contribution is only allowable if not utilized towards matching dollars. 1.7 COST PRINCIPLES Payments to SUBRECIPIENT are governed by the Federal grant management rules for cost allowability, found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.7-Cost Principles) of this Agreement, SUBRECIPIENT is defined as described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under the Part I - Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed specifically to the project referenced the Scope of Work, as defined in 2 CFR 200.413. SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT' S contractors and vendors are conditioned upon compliance with the procurement requirements provided in 2 CFR 200.318-200.327. Allowable costs incurred by Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles. SUBRECIPIENT may not be subject to 2 CFR Subpart E; however, the COUNTY is and may impose requirements upon SUBRECIPIENT so that the COUNTY can remain compliant with its obligation to follow 2 CFR 200 Subpart E. SUBRECIPIENT will use adequate internal controls and maintain necessary source documentation for all costs incurred, and adhere to any other accounting requirements included in this Agreement. 1.8 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. Either party may change the address to which notices are to be sent to it by giving written notice of such change to the other party in the manner herein provided for giving notice. Any notice, request, instruction, or other document delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Zuleyka Garay, Grant Coordinator Collier County Government Community and Human Services Division 3339 Tamiami Trail East, Suite 213 Naples, Florida 34112 Email: Zuleyka.Garay@colliercountyfl.gov Telephone: (239)252-2590 SUBRECIPIENT ATTENTION: Oscar Hentschel, Executive Director Collier County Housing Authority COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 9 O V� 1800 Farm Worker Way Immokalee, Florida 34142 Email: ohentschel@cchafl.org Telephone: (239) 657-3649 Remainder of Page Intentionally Left Blank COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 10 O V� PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit E) no later than 60 days after SUBRECIPIENT' S fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a financial and compliance Single Audit report, Management Letter, and supporting documentation nine (9) months (or audited financial statements, one hundred eighty (180) days for Subrecipients exempt from Single Audit) after the SUBRECIPIENT' S fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its receipt of the report. SUBRECIPIENT's failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning Subrecipient audits and 2 CFR 200.501 Federal Award amounts expended shall be determined in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to determine compliance with the requirements of this Agreement, the CDBG Program, and all other applicable laws and regulations. This documentation shall include but is not limited to, the following: A. All records required by CDBG regulations. B. Public records that ordinarily and necessarily would be required by the COUNTY to perform the service. C. SUBRECIPIENT shall make available to the COUNTY or CHS at any time upon request, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of Funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail to properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 11 O V� expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. D. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, and in a readily accessible, permanent, and secured location for three (3) years after the date of submission of the final performance and evaluation report, as prescribed in 2 CFR 200.334, 24 CFR 570.490 and 24 CFR 570.502(a)(7)(ii). However, if any litigation, claim, or audit is started before the expiration date of the three (3) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If SUBRECIPIENT ceases to exist after the closeout of this Agreement, it shall notify the COUNTY in writing, of the address where the records will be kept, as outlined in 2 CFR 200.337. SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in SUBRECIPIENT'S possession upon termination of the Agreement, and destroy any duplicate, exempt, or confidential public records that are free from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY'S information technology systems. IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, IT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-26791, 3299 Tamiami Trail East, Naples, FL 34112. E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of 1931, as amended, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, SUBRECIPIENT shall maintain records showing compliance with Federal purchasing requirements and other Federal requirements for grant implementation. F. SUBRECIPIENT is responsible for the creation and maintenance of income eligible files on clients served, and documentation that all households are eligible under HUD Income Guidelines. SUBRECIPIENT agrees that CHS shall be the final arbiter on SUBRECIPIENT'S compliance. G. SUBRECIPIENT shall document how it complied with the National Objective(s), as defined in 24 CFR 570.208, and the eligibility requirement(s) under which funding was received. This includes special requirements, such as necessary and appropriate COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 12 O V� determinations as defined in 24 CFR 570.208, income certification, and written agreements with beneficiaries, where applicable. H. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records, and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public records that are free from public records disclosure requirements are not disclosed, except as authorized by 2 CFR 200.337 and 2 CFR 200.338. 2.3 MONITORING SUBRECIPIENT agrees that CHS may carry out no fewer than one (1) annual on -site monitoring visit and evaluation of project activities, as determined necessary. At the COUNTY's discretion, a desktop review may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. Upon request by CHS, SUBRECIPIENT shall submit information and status reports required by CHS or HUD, to enable CHS to evaluate said progress and allow for completion of CHS's required reports. SUBRECIPIENT shall allow on -site monitoring by CHS or HUD. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit all records, documentation, and any other data relating to all matters covered by the Agreement. COUNTY will monitor SUBRECIPIENT'S performance in an attempt to mitigate fraud, waste, abuse, or non-performance, based on goals and performance standards as stated with all other applicable laws, regulations, and policies governing the Funds provided under this Agreement, further defined by 2 CFR 200.332. Substandard performance, as determined by CHS, will constitute noncompliance with this Agreement. If SUBRECIPIENT does not take corrective action within a reasonable time period after being notified by CHS, Agreement suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, and/or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal control systems and procedures necessary to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and provide proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT' S internal control systems and all transactions and other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by the COUNTY. COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 13 O V� SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the performance of this Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent fraud, waste, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or any law or regulation to the COUNTY, or any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failure to implement or make acceptable progress on such corrective action plans. To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. The escalation policy for noncompliance is as follows: 1. Initial noncompliance may result in the COUNTY issuing Findings or Concerns to SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action plan to CHS within 10 business days following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted and accepted. • CHS will be available to provide Technical Assistance (TA) to SUBRECIPIENT, as needed, in order to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely manner, CHS may require SUBRECIPIENT to return a portion of the awarded grant Funds to the COUNTY. • CHS may require SUBRECIPIENT to return upwards of 5 percent of the award amount to the COUNTY, at the discretion of the Board. • SUBRECIPIENT may be denied future consideration, as set forth in Resolution No. 2013-228. 3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected, and has been informed by CHS of their substantial noncompliance by certified mail, CHS may require SUBRECIPIENT to return to the COUNTY a portion of the awarded grant amount, or the amount of the CDBG investment for acquisition of the properties conveyed. COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 14 O V� • CHS may require SUBRECIPIENT to return upwards of 10 percent of the award amount to the COUNTY, at the discretion of the Board. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. 4. If after repeated notification, SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend termination of the Agreement or award. • CHS will make a recommendation to the Board to immediately terminate the Agreement. SUBRECIPIENT will be required to repay all Funds disbursed by CHS for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. • SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be noncompliant, the above sanctions may be imposed across all awards, at the Board's discretion. 2.6 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. Reports showing lack of proiect activity may result in the withholding of payment or issuance of a Notice of Non - Compliance. During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January, April, July, and October, respectively, for the prior quarter period end. As part of the report submitted in October, SUBRECIPIENT agrees to include a comprehensive final report covering the agreed -upon Program objectives, activities, and expenditures including but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit C, the reporting form to be used in fulfillment of this requirement. Additionally, all leveraged funds utilized in support of this project will be submitted on Exhibit C-1 as part of the final report. Other reporting requirements may be required by the County Manager or designee if the Program changes, the need for additional information or documentation arises, or if legislative amendments are enacted. Reports and requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. Remainder of Page Intentionally Left Blank COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 15 O PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY'S sole discretion and judgment. SUBRECIPIENT shall cause all provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. 3.2 GENERAL COMPLIANCE SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants), including subpart K of these regulations, except that (1) SUBRECIPIENT does not assume the COUNTY'S environmental responsibilities described in 24 CFR 570.604; (2) SUBRECIPIENT does not assume the COUNTY'S responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) SUBRECIPIENT is required to follow the Federal procurement process; and (4) for Developers, revenue generated is not considered program income. The CDBG program was funded through the Housing and Community Development Act of 1974. SUBRECIPIENT agrees to comply with all other applicable laws, regulations, and policies governing the Funds provided under this Agreement. SUBRECIPIENT further agrees to utilize Funds available under this Agreement to supplement rather than supplant funds otherwise available. SUBRECIPIENT is prohibited from using Funds provided herein, or personnel employed in the administration of the program, for political activities, inherently religious activities, lobbying, political patronage, and/or nepotism activities. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. SUBRECIPIENT shall always remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance, as the SUBRECIPIENT is independent from the COUNTY. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time, provided that such amendments make specific reference to this Agreement, are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY'S Board. Such COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 16 O V� amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or Local governmental guidelines, policies, available funding amounts, or other reasons. If such amendments result in a change in the funding, scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from HUD CDBG grant Funds and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing the CDBG Funds pertaining to this Agreement. In the event of curtailment or non -production of said Federal Funds, or the reduction of HUD Funds to the COUNTY to a level that the County Manager determines to be insufficient to adequately administer the project, the financial resources necessary to continue to pay SUBRECIPIENT all or any portion of the Funds will not be available. In either event, the COUNTY may terminate this Agreement, which shall be effective as of the date it is determined by the County Manager or designee, in his/her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, SUBRECIPIENT shall indemnify and hold harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action, which may arise out of an act or omission including but not limited to, reasonable attorneys' and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies, which otherwise may be available to an indemnified party or person described in this paragraph. SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith, shall defend all suits in the name of the COUNTY, and shall pay all costs (including attorney's fees) and judgments which may issue 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 the COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in section 768.28, Florida Statutes. This section shall survive the expiration or termination of this Agreement. COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 17 O V� 3.7 GRANTEE RECOGNITION/SPONSORSHIPS SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of program sponsorships, research reports, and similar public notices, whether printed or digitally prepared and released by SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information to the general public regarding the development team and Equal Housing Opportunity. Construction signs shall comply with applicable COUNTY codes. If this Agreement results in any copyrightable material or inventions, CHS and/or the COUNTY reserve the right to royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use; and authorize others to use the work or materials for governmental purposes. 3.8 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.341, this Agreement may be terminated for convenience by either the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and in the case of partial terminations, the portion to be terminated. However, in the case of a partial termination, if the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. This Agreement may also be terminated by the COUNTY if the award no longer effectuates the program goals or grantor agency priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement, in compliance with 2 CFR 200, Appendix II (A): A. Failure to comply with any of the rules, regulations, or provisions referred to herein; or such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as may become applicable at any time. B. Failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner. C. Ineffective or improper use of Funds provided under this Agreement. D. Submission of reports that are incorrect or incomplete in any material respect. E. Submission of any false certification. F. Failure to materially comply with any terms of this Agreement. COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 18 O V� G. Failure to materially comply with the terms of any other agreement between the COUNTY and SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any combination of one or more of the following remedies, in compliance with 2 CFR 200, Appendix II (B): A. Require specific performance of the Agreement in whole or in part. B. Require the use of, or change in, professional property management, if applicable. C. Require SUBRECIPIENT to immediately repay to the COUNTY all CDBG Funds received under this Agreement. D. Apply sanctions, if COUNTY determines them to be applicable. E. Stop all payments until identified deficiencies are corrected. F. Terminate this Agreement by giving written notice to SUBRECIPIENT specifying the effective date of such termination. If the Agreement is terminated by the COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. 3.9 SUSPENSION AND DEBARMENT SUBRECIPIENT certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by a Federal Department or agency. In addition, SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a suspended or debarred contractor or vendor, as outlined in Executive Orders 12549 (1986) and 12689 (1989), Suspension and Debarment, and 2 CFR 200.214, as further detailed in Section 4.18. 3.10 REVERSION OF ASSETS In the event of Agreement termination, in addition to any and all other remedies available to the COUNTY (whether under this Agreement, at law, or in equity), SUBRECIPIENT shall, at the time of termination (or expiration), immediately transfer to the COUNTY any property on hand and any accounts receivable attributable to the use of CDBG Funds, per 24 CFR 570.503(b)(7). The COUNTY' S receipt of any Funds on hand at the time of termination shall not waive the COUNTY'S right (nor excuse SUBRECIPIENT'S obligation) to recoup all or any portion of the Funds or property, as the COUNTY may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). All program assets (unexpended program income, property, equipment, etc.) shall revert to CHS upon termination of this Agreement. COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 19 O 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said insurance shall be carried continuously during SUBRECIPIENT' S performance under the Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and Scope of Work (Part I), Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.), and Federal Regulations for the Community Development Block Grant (24 CFR 570 et seq.). 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through 200.327) and Collier County's Procurement Ordinance #2017-08, as amended. Current COUNTY purchasing thresholds are: Range: Competition Required $0 - $50,000 3 Written Quotes $50,001+ Formal Solicitation ITB, REP, etc. All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or put out to competitive bidding, under a procedure acceptable to the COUNTY and Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest, responsible, and qualified bidder. SUBRECIPIENT shall manage and CHS shall monitor contract administration. CHS shall have access to all records and documents related to the Project. In accordance with 24 CFR parts 570.202(b)(3) & 570.202(b)(4), to the greatest extent practicable, SUBRECIPIENT shall procure products, similar to Energy Star and Water Sense products and appliances, that increase the effective use of energy and water in structures. In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II (J) and 2 CFR 200.323. COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 20 O V�; 3.14 PROGRAM GENERATED INCOME No Program Income is anticipated. However, if Program Income is derived from the use of CDBG Funds disbursed under this Agreement, SUBRECIPIENT shall utilitze such Program Income only for CDBG-eligible activities approved by the COUNTY. Any Program Income (as such term is defined under 24 CFR 570.500(a) gained from any SUBRECIPIENT activity funded by CDBG Funds shall be reported to the COUNTY through an annual Program Income Reuse Plan, utilized by the SUBRECIPIENT accordingly, and shall comply with 2 CFR 200.307, 24 CFR parts 570.489, 570.500, and 570.504 in the operation of the Program. When Program Income is generated by an activity that is only partially assisted by CDBG Funds, the income shall be prorated to reflect the percentage of CDBG Funds used. If there is a Program Income balance at the end of the Program Year, such balance shall revert to the COUNTY'S Community Block Grant Program, for further reallocation. Acquisition/Imvrovement of Real Property: Real property under the SUBRECIPIENT'S control that was acquired or improved, in whole or in part, with CDBG Funds shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208, during the continued use period, as referenced in section 3.15 (Grant Closeout Procedures) of this Agreement. If SUBRECIPIENT disposes of or otherwise fails to continue to use the CDBG-assisted real property in a manner that meets a CDBG National Objective, SUBRECIPIENT shall pay the COUNTY an amount equal to the percentage of the current fair market value of the property, less any disposal costs. The percentage of appraised value attributable to CDBG and non-CDBG funds expended for the original acquisition of, or improvement to, the property under the terms of this Agreement shall be the basis for such percentage. Such payment shall constitute program income to the COUNTY. Additionally, during the continued use period, as referenced in Section 3.15 (Grant Closeout Procedures) of this Agreement, real property under the SUBRECIPIENT'S control that was acquired or improved in whole or in part with CDBG Funds shall be used to meet one of the CDBG National Objectives, pursuant to 24 CFR 570.208. If SUBRECIPIENT sells, transfers, disposes of, or otherwise fails to continue to use the CDBG-assisted real property in a manner that meets a CDBG National Objective, SUBRECIPIENT shall pay the COUNTY an amount equal to a percentage of the current fair market value of the property, after subtracting disposal costs. The basis for such percentage shall be the percentage of the appraised value attributable to CDBG and non-CDBG Funds expended for the original acquisition of, or improvement to, the property under the terms of this Agreement. Such payment shall constitute Program Income to the COUNTY. 3.15 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT'S obligation to the COUNTY shall not end until all closeout requirements are completed. SUBRECIPIENT may close out the project with the COUNTY after the five (5) year continued use period has been met. The continued use period shall commence following the SUBRECIPIENT meeting the National Objective, the recording of lien and/or deed restriction documentation, if applicable, and the closeout of the project within HUD's Integrated Data Information System (IDIS). 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, COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 21 O V� equipment, Program Income balances, and receivable accounts to the COUNTY); and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that SUBRECIPIENT has control over CDBG Funds, including Program Income. In addition to the records retention outlined in section 2.2 (Records and Documentation) of this Agreement, SUBRECIPIENT shall comply with section 119.021, Florida Statutes, regarding records maintenance, preservation, and retention. A conflict between State and Federal records retention requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. SUBRECIPIENT must return to the COUNTY any balance of unobligated Funds that have been advanced or paid, and any Funds paid exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement. SUBRECIPIENT shall also produce records and information complying with section 215.97, Florida Statutes, the Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.344. 3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement based on race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower -income residents of the project areas shall be given opportunities for training and employment. Also, to the greatest extent feasible, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES SUBRECIPIENT will use its best efforts to afford small businesses and minority and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and "minority and women's business enterprise" means a business that is at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Black Americans, Hispanic Americans, Asian/PacificAmericans, Native Americans, and Hasidic Jews. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and women's business enterprises, in lieu of an independent investigation. COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 22 O V� 3.18 PROGRAM BENEFICIARIES If the Agreement is meeting a National Objective through an LMI strategy, at least 51 percent of the beneficiaries of a project funded through this Agreement must be low- and moderate -income persons, or presumed to be low- to moderate -income persons based on applicable regulation. Determination of income eligibility is based on the annual income of the family or household. This Agreement conforms to the definition of Annual Income, per 24 CFR 570.3(1)(i), where Annual income is defined under the Section 8 Housing Assistance Payments. Details for calculating the Annual Income are contained in 24 CFR 5.609, with practical instructions contained in HUD Handbook 4350.3, Chapter 5. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than 30 percent of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the COUNTY's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit C of this Agreement. 3.19 AFFIRMATIVE ACTION SUBRECIPIENT agrees that it is committed to carrying out an Affirmative Action Program pursuant to the COUNTY' S specifications, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. Prior to the award of Funds, SUBRECIPIENT shall submit to the COUNTY for approval a plan for an Affirmative Action Program. The Affirmative Action Program must be updated throughout the continued use period and submitted to the COUNTY within 60 days of any update/modification. SUBRECIPIENT's contracting officer will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or worker's representative of SUBRECIPIENT's commitments hereunder, and shall post copies of the notice in conspicuous places available to all employees and applicants for employment. 3.20 CONFLICT OF INTEREST SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement; and that SUBRECIPIENT shall not employ or subcontract with any person having any conflict of interest. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest," 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval, prior to entering into any contract with an entity owned in whole or in part by a covered person, or an entity owned or controlled in whole or in part by SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 23 O V�; of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT'S ability to self -manage the projects using its own employees. Any possible conflict of interest on the part of SUBRECIPIENT, its employees, or its contractors shall be disclosed to CHS in writing, provided however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low- and moderate -income residents of the project target area. 3.21 BYRD ANTI -LOBBYING AMENDMENT Each tier certifies that the tier above it will not, and has not, used Federally appropriated Funds to pay any person or organization for influencing or attempting to influence the award of Federal Funds, as covered by 31 USC 1352, and more fully described in Section 4.54 of this Agreement. Contractors who apply or bid for an award of $100,000 or more shall file the required certification. 3.22 RELIGIOUS ORGANIZATIONS CDBG Funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.2000). SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment and will not limit employment or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services and will not limit such services or give preference to persons based on religion. C. It will retain its independence from Federal, State, and Local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided it does not use direct CDBG Funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. It shall not use Funds for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG Funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities, in accordance with the cost accounting requirements applicable to CDBG Funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 24 O V� 3.23 INCIDENT REPORTING If SUBRECIPIENT provides services to clients under this Agreement, SUBRECIPENT and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person to the COUNTY. During the term of this Agreement, SUBRECIPIENT must report to the COUNTY in writing, within one business day of occurrence, any substantial, controversial, or newsworthy incidents. The Collier County Standard Subrecipient Incident Report Form shall be used to report all such incidents. 3.24 SEVERABILITY Should any provision of this Agreement be determined unenforceable or invalid, such determination shall not affect the validity or enforceability of any other section or part thereof. 3.25 MISCELLANEOUS SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. SUBRECIPIENT represents and warrants that the financial data, reports, and other information it furnished to the COUNTY regarding the Project are accurate and complete, and financial disclosures fairly represent the financial position of SUBRECIPIENT. SUBRECIPIENT understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the COUNTY'S or SUBRECIPIENT's responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service and, in case of a minor, that of a responsible parent/guardian. SUBRECIPIENT certifies that it has the legal authority to receive the Funds under this Agreement and its governing body has authorized the execution and acceptance of this Agreement. SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind SUBRECIPIENT to the terms of this Agreement. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida, without giving effect to its provisions regarding choice of laws. All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all applicable Federal, State, and Municipal laws, ordinances, regulations, orders, and guidelines, including but not limited to any applicable regulations issued by the COUNTY. COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 25 O V� Electronic Signatures. This Agreement, and related documents entered into in connection with this Agreement, are signed when a party's signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. 3.26 WAIVER The COUNTY'S failure to act with respect to a breach by SUBRECIPIENT does not waive its right to act with respect to subsequent or similar breaches. The COUNTY'S failure to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 26 O V� PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program hops://www. ecfr. gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title24/24cfr570_main_02.tpl 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. https://www.ecfr. gov/cgi-bin/text- idx?SID=1 acdb92f3b05c3 f285dd76c26d 14f54e&mc=true&node=pt24.1.5 8&rgn--div5 Resource Conservation and Recovery Act (RCRA). Under RCRA codified at 42 USC 6962, state and local institutions of higher education, hospitals, and non-profit organizations that receive direct Federal awards or other Federal Funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to the EPA guidelines. Summary of the Resource Conservation and Recovery Act I US EPA 4.3 Hatch Act: The SUBRECIPIENT shall comply with the Hatch Act, 5 USC 1501-1508 and shall ensure that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 Title V of the USC Federal ReLyister : Political Activitv-State or Local Officers or Emplovees: Federal Employees Residing in Designated Localities; Federal Employ 4.4 Section 104(d) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended Section 109 of the HCD Act of 1974 1 HUD.gov / U.S. Department of Housing and Urban Development (HUD) Section 104(d) of the Housing and Community Development Act of 1974, as amended (see 42 USC 5304(d)) - HUD Exchange 4.5 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. hops://www.hud.gov/sites/documents/DOC_7771.PDF ht�2s://www.justice.gov/crt/fair-housing-act-1 Executive Order 11063 — Equal Opportunity in Housing h!Ws://www.archives.gov/federal- re sister/codification/executive-order/ 11063.html Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs httDs: //www. archives. Lov/federal-re eister/codification/executive-order/ 12259.htm1 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O. ho2s://www.law.comell.edu/cfr/text/24/part-107 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as amended hops://www.hud.gov/pro,gramdescription/title6 This Agreement is subject to 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared, or improved with assistance provided under this Agreement, SUBRECIPIENT shall cause or require a covenant running with the land to be inserted in the deed or lease of such transfer, prohibiting discrimination herein as defined, in the sale, lease, or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 27 O V� providing that the COUNTY and the United States are beneficiaries of and entitled to enforce such covenants. SUBRECIPIENT, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4.6 Title IX of the Education Amendments of 1972, as amended, 20 USC 1681, which prohibits discrimination on the basis of sex in educational programs Title IX Of The Education Amendments Of 1972 (justice.gov) 4.7 The Temporary Assistance for Needy Families Program (TANF) 45 CFR Parts 260-265, the Social Services Block Grant 42 ISC 1397d and other applicable federal regulations and policies promulgated thereunder. Temporary Assistance for Needy Families I Benefits.gov eCFR: 45 CFR Part 260 -- General Temporary Assistance for Needy Families (TANF) Provisions The Pro -Children Act: Contractor agrees to comply with the Pro -Children Act of 1994, 20 USC 6083. Pro -Children Act Of 1994 1 Legislation I US Encyclopedia of law (lawi.us) 4.8 Public Announcements and Advertising: When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs Funded in whole or in part with Federal money, SUBRECIPIENTshall clearly state (1) the percentage of the total costs of the program or project which will be financed with Federal money, (2) the dollar amount of Federal funds for the project or program, and (3) percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources. 4.9 Purchase of American -Made Equipment and Products: SUBRECIPIENT assures that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Agreement will be American -made. 4.10 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www.gpo. og v/fdsys/Tkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-sec570- 602.pdf 4.11 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: htt2s://www.dol.gov/agencies/ofccp/executive-order- 11246/as-amended EO 11375 and 12086: see item #8 below 4.12 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. SUBRECIPIENT will, in all solicitations or advertisements for COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 28 O V� employees placed by or on behalf of SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission eeoc. ov 4.13 24 CFR 75 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 75, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the COUNTY, the SUBRECIPIENT, and any of the SUBRECIPIENT'S Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT'S subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires, to the greatest extent feasible, opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." Section 3 requires 25 percent of the total labor hours must be worked by Section 3 workers and 5 percent of the total labor hours must be worked by Targeted Section 3 workers. If SUBRECIPIENT is unable to meet these benchmarks, efforts taken to meet the requirements must be described. Examples include held job fairs, conduct on the job training, outreach efforts to public housing residents, and connecting residents to supportive services. SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG-Funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 29 O V� metropolitan area in which the CDBG-Funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low - and very low-income participants in other HUD programs. htt2s://www.hud.jzov/sites/documents/DOC_ 12047.PDF SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. htt2s://www.ecfr.gov/current/title-24/subtitle-A/Tart-75 4.14 SUBRECIPIENT shall not assign or transfer any interest in this Agreement without the prior written consent of the COUNTY thereto; provided, however, that claims for money due or to become due to SUBRECIPIENT from CHS under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to CHS. 4.15 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107, and 12086. Age Discrimination Act of 1975 htt2s://www.law.comell.edu/uscode/text/42/chapter-76 11246: https://www.dol.%tov/ofccp/reds/statutes/eo11246.htm 11375: Amended by EO 11478 11478: https://www.archives.izov/federal-register/codification/executive-order/11478.html 12107: https://www.archives.gov/federal-register/codification/executive-order/12107.html 12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html 4.16 Contract Work Hours and Safety Standards Act, 40 USC 327-332. htt2s://www.dol.gov/whd/regs/statutes/safe0l.pdf 4.17 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. Section 504: httl2s://www.el2a. og v/ocr 29 USC 776: httl2s://law.onecle.com/uscode/29/776.html 24 CFR 570.614: h!Ws://www.law.comell.edu/cfr/text/24/570.614 4.18 The Americans with Disabilities Act of 1990: https://www.hug.gov/program_ offices/fair_housing equal_opp Americans with Disabilities Act of 1990, As Amended I ADA.gov 4.19 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.fhwa.dot.Lyov/real estate/uniform act/index.cfm COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 30 O V; 4.20 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all construction contracts funded by CDBG. Davis -Bacon Act: 40 USC 276a to 40 USC 276a-5: 40 U.S.C. 276a - h!Ws://www. ovg info.gov/qEp/details/USCODE-2001-title4O/USCODE-2001- title40-chap3-sec276a/context 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 htt2s://www.law.comell.edu/cfr/text/29/part-3 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) htt2s://www.law.comell.edu/cfr/text/29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. htt2s://www.presidency.ucsb.edu/ws/index.12hp?pid=23675 4.21 As a supplement to the Davis -Bacon Act requirements, the SUBRECIPIENT agrees to comply with the "Copeland Anti -Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or subcontractors from inducing an employee to relinquish any part of his/her compensation, under the federally -funded contract. 18 U.S.C. 874 hgps://www. ovi�nfo.gov/content/pkg/USCODE-2021-titleI8/pdf/USCODE-2021- title 18-partl-sec874/context 40 U.S.C. 276c https://www. ovg info.gov/app/details/USCODE-2001-title4O/uSCODE-2001- title40-chap3-sec276a/context 4.22 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. https://www.archives. gov/federal-register/codification/executive-order/11625.html 4.23 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act (HCDA) are still applicable. 24 CFR 570.607: htt2s://www.ecfr.gov/cgi-bin/text- idx?SID=9eae3f8eaa99lfO4l l f383b74003bcb 1 &mc=true&node=pt24.3.570&rgn=div5#se24.3.5 70 1607 COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 31 O E.O. 13279: http://www.fedgovcontracts.coM/pe02-96.htm 4.24 Public Law 100-430 - the Fair Housing Amendments Act of 1988. STATUTE- 102-P lg 619.pdf (govinfo.gov) 4.25 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https://www.ecfr. gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title02/2cfr200_main_02.1pl 4.26 2 CFR 200.216 — Prohibition on certain telecommunications and video surveillance services or equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or grant funds to: 1) procure or obtain; 2) extend or renew a contract to procure or obtain; 3) enter into a contract (or extend or renew a contract) to procure or obtain equipments, services, or systems that use(s) covered telecommunications equipment or services as a substantial component of any system, or as critical technology as part of any system. 4.27 Immigration Reform and Control Act of 1986 S.1200 - 99th Congress 0985-1986): Immigration Reform and Control Act of 1986 Congress.gov I Library of Congress 4.28 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. https://www. ovg info.gov/content/pkg/USCODE- 2010-title42/html/USCODE-2010-title42-chap85.htm htt2s://www.law.comell.edu/uscode/text/42/chapter-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www. ovg info.gov/content/pkg/USCODE-2011-title33/` df/LJSCODE-2011-title33- chap26.pdf https://www.law.comell.edu/uscode/text/33/chapter-26 4.29 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. htt2s://www.law.comell.edu/cfr/text/24/570.605 4.30 SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to the HUD Lead -Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. Lead -Based Paint - HUD Exchange 4.31 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 COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 32 O V� forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. https://www.achp.gov/sites/default/files/regulations/2017-02/regs-revO4.pdf In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State, or Local historic property list. 4.32 SUBRECIPIENT must certify that it will provide drug -free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). https://www.gpo. og v/fdsys/granule/USCODE-2009-title4l/uSCODE-2009-title4l-chapl0- sec701 4.33 SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. https: //www. archives. gov/federal-register/codification/executive-order/ 12549.htm1 4.34 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. 4.35 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT' S fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S fiscal year. Per 2 CFR 200.345, if this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. eCFR :: 2 CFR Part 200 Subpart F -- Audit Requirements 4.36 Any real property acquired by the SUBRECIPIENT for the purpose of carrying out the projects stated herein and approved by the COUNTY, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within SUBRECIPIENT control, which is acquired or improved, in whole or part, with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. SUBRECIPIENT agrees to comply with the requirements of 24 CFR 570.606 c governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 33 O V� of the HCD Act; and the requirements in 24 CFR 570.606 (d) governing optional relocation policies. SUBRECIPIENT shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606 (b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition, or conversion for a CDBG assisted project. SUBRECIPIENT also agrees to comply with applicable COUNTY ordinances, resolutions, and policies concerning the displacement of persons from their residences. https://www.gpo. og v/fdsys/g_ranule/CFR-1999-title49-voll/CFR-1999-title49-volI-sec24-101 htlps://www. ovg info.gov/gpp/details/CFR-2012-title24-vol3/CFR-2012-title24-vol3-sec570-505 4.37 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.38 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. SUBRECIPIENT shall obtain written approval from CHS for any outside travel outside the metropolitan area with funds provided under this Agreement. htt2s://www.gsa.goy/portal/content/I 04877 4.39 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. htt2s://www.govregs.com/regulations/expand/title24 part5_subpartA_section5.106 4.40 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in §5.100, required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. eCFR: 24 CFR Part 214 Subpart D -- Program Administration https://www.law.comell.edu/cfr/text/24/5.111 4.41 HUD Final Rule — Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 34 O regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. https://www.federalre ig s�gov/documents/2016/11/16/2016-25888/violence-against-women- reauthorization-act-of-2013-implementation-in-hud-housing-pro rg ams 4.42 Any rule or regulation determined to be applicable by HUD. 4.43 Limited English Proficiency: SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at http://www.lep.gov. 4.44 Equal Treatment of Faith -Based Organizations: By regulation, HUD prohibits all recipient organizations from using financial assistance from HUD to fund explicitly religious activities. The SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see https:Hojp.gov/about/ocr/partnerships.htm. Discrimination on the basis of religion in employment is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on a case -by -case basis to allow some faith -based organizations to receive HUD funds while taking into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights. 4.45 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. SUBRECIPIENT agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See https://ojp.gov/about/ocr/pdfs/UseofConviction Advisory_pdf for more details. 4.46 Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENT will not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 35 O V� 31 U.S.C. 1352 - Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions - Document in Context - USCODE-2010-title3l-subtitleII-chapl3- subchapIII-secl352 ( ovi�nfo.gov) 31 U.S. Code § 1352 - Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions I U.S. Code I US Law I LII / Legal Information Institute (cornell.edu) 4.47 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds 18 U.S. Code & 1001 - Statements or entries generally I U.S. Code I US Law I LII / Legal Information Institute cornell.edu) Beneficiaries are subject to this False Claims Act that include the following: 31 U.S.C. 3729 - False claims - Document in Context - USCODE-2010-title3l-subtitleIII-ch4p37-subchapIII-sec3729 ovinfo.gov) 31 U.S. Code & 3729 - False claims I U.S. Code I US Law I LII / LeLyal Information Institute (cornell.edu) 4.48 Political Activities Prohibited: None of the Funds provided directly or indirectly under this Agreement shall be used for any political activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor any Funds provided hereunder shall be utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. 4.49 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD encourages recipients and subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by HUD and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. Executive Order 13513 --Federal Leadership on Reducing Text Messaging while Driving_I whitehouse.gov (archives.gov) 4.50 Trafficking in Persons: SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of the SUBRECIPIENT and any employees of SUBRECIPIENT. The details of SUBRECIPIENT' S obligations related to prohibited conduct related to the trafficking of persons are posted at: https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking htm. COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 36 O V� 4.51 Association of Community Organizations for Reform Now (ACORN): SUBRECIPIENT understands and acknowledges that it cannot use any Federal Funds, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of HUD. 4.52 If SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under this funding agreement, SUBRECIPIENT must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Busines Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by HUD. https://www.ecfr.gov/cgi- bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de76I dc64c0&mc=true&n=pt37.1.401 &r =PART&ty=HTML 4.53 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes- httas://www.lawserver.com/law/state/florida/statutes/florida statutes chanter 112 hart iii Collier County htt2://www.colliergov.net/home/showdocument?id=35137 4.54 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except that the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.55 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). 4.56 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 COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 37 O V� hereunder, the other party may obtain a court order requiring mediation under section 44.102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court; and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. htt2s://www.flsenate.%zov/Laws/Statutes/2012/44.102 4.57 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors, and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. http://www.lea.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search_Strin.—&BUR L=0200-0299/0287/Sections/0287.133.htm1 4.58 Florida Statutes section 448.095 Employment Eligibility. Per Florida Statute 448.095(3), all Florida private employers are required to verify employment eligibility for all new hires beginning January 1, 2021. Eligibility determination is not required for continuing employees hired prior to January 1, 2021. http://www.le,g.state.fl.us/statutes/index.cfm?App mode=Display Statute&URL=0400- 0499/0448/0448.html 4.59 Florida Statutes section 713.20, Part 1, Construction Liens Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us 4.60 Florida Statutes section 119.021 Records Retention Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us) 4.61 Florida Statutes section 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.071.htm1 4.62 ENTIRE AGREEMENT This Agreement constitutes the entire agreement between COUNTY and SUBRECIPIENT for the use of Funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between COUNTY and SUBRECIPIENT with respect to this Agreement. (Signature Page to Follow) COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 38 O IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: CRYSTAL K. KINZEL, CLERK , Deputy Clerk Dated: (SEAL) WITNESSES: Witness #1 Signature Witness #1 Printed Name Witness #2 Signature Witness #2 Printed Name Approved as to form and legality: Derek D. Perry Assistant County Attorney Date: COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation AS TO COUNTY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: RICK LOCASTRO, CHAIRPERSON Date: AS TO SUBRECIPIENT: COLLIER COUNTY HOUSING AUTHORITY By: OSCAR HENTSCHEL, EXECUTIVE DIRECTOR Date: [Please provide evidence of signing authority] Page 39 O V� PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 Tamiami Trail East, Suite 213, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1— 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this Agreement. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 40 O V� the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Agreement: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an "All Risk" basis, in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee, with respect to this coverage A.T.LM.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 41 O V� EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: Collier County Housing Authority SUBRECIPIENT Address: 1800 Farm Worker Way, Immokalee, FL 34142 Project Name: Collier County Housing Authority HVAC Installation Project No: CD23-01 Payment Request # Total Payment Minus Retainage Period of Availability: 10/01/2023 through 04/30/2025 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request (Total expenditures this period minus retains e, if applicable) $ $ 4. Current Grant Balance (Grant Amount minus previous requests minus today's request) $ $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor (Approval required $14,999 and below) COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) Page 42 O V� EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement and Information System (IDIS). The COUNTY reports information on a quarterly basis. To facilitate in the preparation of such reports, SUBRECIPIENT shall submit the information contained herein within ten (10) days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to enter the information collected on this exhibit into an online grant management system. Subreci Tent Name: Collier County Housing Authority Date: Project Title: Collier County Housing Authority HVAC Installation IDIS #: Program Contact: Telephone Number: Activity Reporting Period Report Due Date October I It —December 31 January loth January 1 It —March 31It Aril 101 April I It — June 301 Jul 10" July 1It—September 30th October loth REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): ❑12/31/20 ❑ 3/31/20 ❑ 6/30/20 ❑ 9/30/20 Final _/_/20_ Please note: The HUD Program year begins October 1, 2023 — September 30, 2024. Each quarterly report must include cumulative data beginning from the start of the program year October 1, 2023. La. Please list the outcome goal(s) from your approved application and SUBRECIPIENT Agreement and indicate your progress in meeting those goals since October 1, 2023. Outcome Goals: list the outcomegoal(s) from your approved application and SUBRECIPIENT Agreement Outcome 1: Purchase and Installation of HVAC systems in affordable housing units in Immokalee, FL and any related construction and installation, permits, inspection or related costs and/or fees. Outcome 2: Document achievement of the LMH National Objective in a minimum of 35 households. Outcome 3: b. Goal Progress: Indicate the progress to date in meeting each outcome goal. Outcome 1: Outcome 2: Outcome 3: 2. Is this project still in compliance with the original project schedule: Yes ❑ No ❑ If No, Explain: 3. Since October 1, 2023; of the persons assisted, how many... Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes a. ...now have new access(continuing) to this service or benefit? 0 b. ...now have improved access to this service or benefit? 0 C. ...now receive a service or benefit that is no longer substandard? 0 Total 0 4. What funding sources did the SUBRECIPIENT apply for this eriod? Section 108 Loan Guarantee $ CDBG $ Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ ESG $ $ HOPWA $ $ Total Entitlement $ COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 43 O V� Funds 5. What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if applicable? Answer question 5a or 5b; NOT both For LMC activities: people, race/ethnicity, and income data are reported by persons. For LMH activities: households, race/ethnicity, and income level are reported by households, regardless the number of persons in the household. a. Total No. Persons/Adults 0 Total No. persons served under 18 0 served LMC LMC Quarter Total No. of Persons 0 Quarter Total No. of Persons 0 b. Total No. of Households 0 Total No. of female head of household 0 served (LMH) WhLat is the total number of UNDUPLICATED clients served since October 1, if applicable? Answer question 6a or 6b, NOT both For LMC activities: race/ethni ity and income data are reported by persons. a. Total No. Persons/Adults 0 Total No. Persons served under 18 0 served LMC LMC YTD Total: 0 YTD Total 0 b. Total No. Households 0 Total No. female head of household (LMH) 0 served LMH YTD Total 0 YTD Total 0 Complete EITHER question 7 or 8, NOT both Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. PRESUMED BENEFICIARY DATA ONLY: Y PRESUMED BENEFICIARY DATA ONLY L LMCQuarter LMC YTD Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED served this quarter who fall into each presumed benefit persons served since October 1 who fall into each category (the total should equal the total in question #6a presumed benefit category (the total should equal the or 6b): total in question #6a or 6b): a Presumed Benefit Activities Onl LMC TR b Presumed Benefit Activities Only LMC YTD 0 Abused Children ELI 0 Abused Children ELI 0 Homeless ELI 0 Homeless Person ELI Person 0 Migrant Farm LI 0 Migrant Farm Workers LI Workers 0 Battered LI 0 Battered Spouses LI Spouses 0 Persons LI 0 Persons w/HIV/AIDS LI w/HIV/AIDS 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults LI 0 Illiterate Adults LI 0 Severely LI 0 Severely Disabled Adults LI Disabled Adults 0 Quarter Total F 0 YTD Total 8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category Indicate the total number of UNDUPLICATED ersons served since October 1 YTD who fall into COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 44 O V� 19. (the total should equal the total in question #6): each income category (the total should equal the total in question #6): a ELI Extremely Low 0 b ELI Extremely Low 0 Income 0-30% Income 0-30% LI Low Income (31- 0 LI Low Income 0 50% MOD Moderate Income 0 MOD Moderate Income 0 51-80% 51-80% NON-L/M Above Moderate 0 NON-L/M Above Moderate 0 Income >80% Income >80% Quarter Total 0 YTD Total 0 Is this project in a Low/Mod Area (LMA)? YES NO Was project completed this quarter? YES NO If yes, complete all of this section 9. Date project completed Block Group Census Tract Total Beneficiaries Low/Mod Beneficiaries Low/Mod Percentage 0 0 0 0 0 Date LMA Narrative approved by CHS? What documentation supports project completion? (i.e., Certificate of Completion or Certificate of Occupancy, etc. 10. Racial & Ethnic Data if applicable) Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients clients served this Quarter fall into each race served since October (YTD) fall into each race category. In category. In addition to each race category, please addition to each race category please indicate how many indicate how many persons in each race category persons in each race category consider themselves consider themselves Hispanic. (Total Race column Hispanic. (Total Race column should equal the total in should equal the total in question 6.question 6. a. RACE ETHNICITY b. RACE ETHNICITY /HISPANIC /HISPANIC White 0 0 White 0 0 Black/African American 0 0 Black/African American 0 0 Asian 0 0 Asian 0 0 American Indian/Alaska Native 0 0 American Indian/Alaska 0 0 Native Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific 0 0 Islander Black/African American & White 0 0 Black/African American & 0 0 White American Indian/Alaska Native & 0 0 American Indian/Alaska 0 0 Black/African American Native & Black/African American Other Multi -racial 0 0 Other Multi -racial 0 0 0 0 0 0 I hereby certify the above information is true and accurate. Name: Signature: Title: Your typed name here represents your electronic siEnature COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 45 O V� COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 46 O V� EXHIBIT C-1 Community Development Block Grant (CDBG) Leveraged Funds Report Leveraged Funds must be identified, tracked, and verifiable. Resources must be fully identified and described as submitted with SUBRECIPIENT's application. Subrecipient Name: Collier County Housing Authority Report Period: Fiscal Year: Contract Number: Program: Contact Name: Contact Number: CD23-01 CDBG Oscar Hentschel Leveraged Funds See EXAMPLE below for how to complete this form. Source Amount Type Use Total Project Cost Ratio: EXAMPLE Source Amount Type Use CDBG $1,000,000 Other Federal Funds Land Acquisition HOME $870,000 Federal Funds Infrastructure Private Donation $1,200,000 Cash & In -Kind Infrastructure Philanthropic $3,500,000 Cash — local funds 52 units Affordable Housing Total Project Cost $6,570,000 Ratio: $1 Federal Dollar $2.51 Local Funds [Signature Page to Follow] COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 47 O V� I hereby certify the above information is true and accurate. Signature: Date: Printed Name: Title: Your typed name here represents your electronic signature. COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 48 O V� EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Complete this form and retain appropriate supporting documentation proving CDBG to the COUNTY, to the COUNTY, assistance to an eligible beneficiary. Please retain in your organization's records and have on hand for future monitoring visits. Effective Date: A. Household Information Member Names — All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income from Assets 13b 0.00 If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate 0 .06%) and enter results in B(c), otherwise leave blank. 13c COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 49 O V� C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Minors Member Wages / Salaries (include tips, commissions, bonuses, and overtime) Benefits / Pensions Public Assistance Other Income Asset Income (Enter the greater of box B(b) or 1 box B(c), 2 above, in 3 box C(e) below) 4 5 6 7 8 Totals (a) (b) (c) (d) (e) 0.00 0.00 0.00 0.00 Enter total of items C(a) through C(e). This amount is the Annual Anticipated Household Income. 0.00 D. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. I/we have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. I/we certify that the statements are true and complete to the best of my/our knowledge and belief, and are given under penalty of perjury. WARNING: Florida Statutes Chapter 817, 18 U.S.C. § 1001 and 31 U.S.C. § 3729 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under Sections 775.082 and 775.083, Florida Statutes. 31 U.S.C. 3729 - False claims - Document in Context - USCODE-2010-title31-subtitleIII-chap37-subchapIlI-sec3729 (govinfo.gov) Signature of Head of Household Signature of Spouse or Co -Head of Household Adult Household Member (if applicable) Adult Household Member (if applicable) COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Date Date Date Date Page 50 O V� E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the CDBG Program. The family or individual(s) constitute(s) a: ❑ Extremely Low -Income (ELI) Household means and individual or family whose annual income does not exceed 30/50'h of the Very Low -Income (60 percent of VLI) percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ Very Low -Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). ❑ Low -Income (LI) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Based on the (year) income limits for the Naples -Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Printed Name F. Household Data Title Date Number of Persons By Race / Ethnic i By Age American Native Other Indian Asian Black Hawaiian or White 0 —25 26 —40 41 —61 62+ Other Pac. Islander Hispanic Non - Hispanic NOTE: Information concerning the race or ethnicity of the occupants is being gathered for statistical use only. No beneficiary is required to give such information, and refusal to give such information will not affect any right he or she has to the CDBG program. COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation Page 51 O V� EXHIBIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of Federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding the organization's compliance. In determining Federal awards expended in a fiscal year, the subrecipient must consider all sources of Federal awards, based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act Statute 215.97 requirements Subrecipient Name Collier County Housing Authority First Date of Fiscal Year MM/DD/YY Last Date of Fiscal Year MM/DD/YY Total Federal Financial Assistance Expended 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 COLLIER COUNTY HOUSING AUTHORITY CD23-01 Collier County Housing Authority HVAC Installation 06/18 Page 52 C ��