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Agenda 07/11/2023 Item #16D5 (Promote affordable rental assistance services to Collier County residents through U.S Housing and Urban Development program)16.D.5 07/ 11 /2023 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign the Second Amendment to the subrecipient agreement between the Collier County Housing Authority and Collier County under the U.S. Housing and Urban Development HOME Investment Partnerships Program to update the Quarterly Performance Report. (Housing Grant Fund 1835) OBJECTIVE: To continue to promote affordable rental assistance services to Collier County residents through the U.S. Housing and Urban Development Entitlement H O M E program. CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) provides HOME Investment Partnerships Program funds to address housing -specific needs identified in the community. Every five (5) years the County is required to prepare the Consolidated Plan outlining the goals and activities over the next five (5) years for the HUD entitlement funds. The Board of County Commissioners (Board) approved the Collier County 2016-2020 Consolidated Plan on June 28, 2016, Agenda Item #I I and the corresponding One - Year Action Plan for Federal Program Years 2019-2020, June 25, 2019, Agenda Item #16D2. The County's 2021- 2025 Consolidated Plan was approved by the Board on June 28, 2022, Agenda Item #16D4, and the FY2021-2022 One -Year Action Plan was approved on June 22, 2021, Agenda Item #16D7. The Board approved a Substantial Amendment to the FY2021-2022 Action Plan on December 14, 2021, Agenda Item #16D8, to reallocate funding from a housing acquisition activity to the Tenant Based Rental Assistance (TBRA) activity. Through this action the Board has supported the TBRA program and funding allocation toward this project. On January 11, 2022, Agenda Item #16D6, the Board approved and executed an Agreement with Collier County Housing Authority (CCHA) to implement the HOME Tenant Based Rental Assistance Project, in the amount of $424,993. The Tenant -Based Rental Assistance Program provides very low- and low-income households with rental assistance, utility deposits, and/or security deposits for a period of up to twenty-four (24) months. On September 27, 2022, Agenda Item #16D4, the Board approved the First Amendment to the agreement to reallocate remaining funds from the Subrecipient's 2017 agreement, update Payment Deliverables, update the UEI number, and revise the period of performance. The Second Amendment to the agreement will revise the outcomes in Exhibit C - Quarterly Performance Report to align with the end date of the agreement. FISCAL IMPACT: This proposed action has no Fiscal impact. Funds are budgeted within the Housing Grants Fund (1835), Project 33480, 33535 and 33581. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. -DDP GROWTH MANAGEMENT IMPACT: This has no impact on the Housing Element of the Growth Management Plan of Collier County. RECOMMENDATION: To approve and authorize the Chairman to sign the Second Amendment to the subrecipient agreement between the Collier County Housing Authority and Collier County under the U.S. Housing and Urban Development HOME Investment Partnerships Program to update the Quarterly Performance Report. Prepared By: Carolyn Noble, Grant Coordinator; Community and Human Services Division Packet Pg. 808 16.D.5 07/ 11 /2023 ATTACHMENT(S) 1. EXECUTED CCHA Amendment #1 (PDF) 2. EXECUTED CCHA TBRA HM21-02 (PDF) 3. PROPOSED CCHA Amendment #2 (PDF) Packet Pg. 809 16.D.5 07/ 11 /2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.5 Doc ID: 25611 Item Summary: Recommendation to approve and authorize the Chairman to sign the Second Amendment to the subrecipient agreement between the Collier County Housing Authority and Collier County under the U.S. Housing and Urban Development HOME Investment Partnerships Program to update the Quarterly Performance Report. (Housing Grant Fund 1835) Meeting Date: 07/11/2023 Prepared by: Title: — Community & Human Services Name: Carolyn Noble 05/22/2023 7:57 AM Submitted by: Title: Manager - Federal/State Grants Operation — Community & Human Services Name: Kristi Sonntag 05/22/2023 7:57 AM Approved By: Review: Community & Human Services Donald Luciano Additional Reviewer Community & Human Services Kelli Wolin Additional Reviewer Operations & Veteran Services Jeff Weir OVS Director Review Community & Human Services Kristi Sonntag CHS Review Public Services Department Todd Henry PSD Level 1 Reviewer Grants Erica Robinson Level 2 Grants Review Public Services Department Tanya Williams PSD Department Head Review County Attorney's Office Derek D. Perry Level 2 Attorney Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Grants Therese Stanley Additional Reviewer County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Blanca Aquino Luque Additional Reviewer County Manager's Office Amy Patterson Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 05/26/2023 9:25 AM Completed 05/30/2023 2:54 PM Completed 05/30/2023 4:37 PM Completed 05/30/2023 6:36 PM Completed 05/31/2023 1:45 PM Completed 06/12/2023 12:53 PM Completed 06/13/2023 9:38 AM Completed 06/13/2023 9:47 AM Completed 06/13/2023 11:50 AM Completed 06/14/2023 8:04 AM Completed 06/14/2023 10:58 AM Completed 06/14/2023 2:53 PM Completed 07/05/2023 12:34 PM 07/11 /2023 9:00 AM Packet Pg. 810 16.D.5.a FAIN# M-16-UC-12-0217 M-18-UC-12-0217 M-21-UC- t 2-0217 Federal Award Date October 2018 and October 2021 Federal Award HUD Agency CFDA Name Home Investment Partnership HOME CFDA/CSFA# 14.239 Total Amount of $424-993.00 Federal Funds $431,537.78 Awarded Subrecipient Name Collier County Housing Authority DUNS# UEI# nnnn�2 WHDZXBD56QL1 FEIN# 59-1490555 R&D No Indirect Cost Rate No Period of January 1, 2022 — J-affe Performance 30,E September 30, 2023 Fiscal Year End 9/30 Monitor End Date 994025-12/23 FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HOUSING AUTHORITY THIS AMENDMENT is made and entered into this 27th day of September 2022, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and "COLLIER COUNTY HOUSING AUTHORITY" a quasi -governmental agency established by Florida Statutes chapter 421, existing under the laws of the State of Florida, (SUBRECIPIENT) having its principal office at 1800 Farm Worker Way, Immokalee, FL 34142. RECITALS T to 0 WHEREAS, on January 11, 2022 the COUNTY entered into an Agreement with the United States Department of Housing and Urban Development (HUD) for a grant to execute and implement using HOME Investment Partnerships (HOME) Program funds for the Tenant Based Rental Assistance Program to provide very -low and low income households with rent, electric [22-SOC-00936/1736289/1] 1 Collier County Housing Authority HM21-02 Tenant Based Rental Assistance Amendment #1 Q Packet Pg. 811 16.D.5.a Words Struck are deleted; Words Underlined are added. utility deposits and/or security deposits for a period up to 24 months. WHEREAS, the Board of County Commissioners of Collier County (Board) approved the Collier County Consolidated Plan One -Year Action Plans for Federal Fiscal Years 2019-2020 and 2021-2022 for the HOME Program on June 25, 2019 and June 22, 2021, Agenda Items, 16.D.2. and 16.D.7., respectively and the Substantial Amendment dated December 14, 2021, Agenda Item 16.13.8. WHEREAS, the Parties desire to amend the Agreement to increase funding, update the UEI number, update component and supporting documentation language, and revise the period of performance. NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to amend the Agreement as follows: Words Struck Thr are deleted; Words Underlined are added, PART I T r to SCOPE OF WORK N 1.1 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. The amount of the rental subsidy is based on the income of the household, the particular unit the household selects, and Collier County rent standards FY2019-2020 and FY 2021-2022 Action Plan identified and approved the Project to perform the tasks necessary to conduct the program as follows: Tenant Based Rental Assistance Federal Funds Match Liability Project Component 1: Rental assistance $38 ,s0�o $ which may include but is not limited to rent $388,384.00 payments, electric utility deposits and/or security deposits Project Component 2: Project Delivery which $42�o $ may include personnel salaries $43,153.78 [22-S OC-00936/ 1736289f 1 ] 2 Collier County Housing Authority HM21-02 Tenant Based Rental Assistance Amendment #1 - C�p - Packet Pg. 812 16.D.5.a HOME Match Requirement —25% D. Payment Deliverables Words through are deleted; Words Underlined are added. There is no match obligation for those funds expended and paid prior to 9.30,22 pursuant to "Additional Revision, and Extension of December 2020 and April 2020 Memorandum — Availability of Waivers and Suspension of the HOME Program Requirements in Response to COVID- 19 Pandemic Dated 9.27.21. Beginning 10.1.22, 25% match to be provided by Collier The Follo-*ving Table Details the Payment Deliverables Payment Deliverable Payment Supporting Submission. Schedule Documentation Project Component One: Submission of supporting Monthly, by the 30" of the Rental assistance which may documents must be provided month following the month of include but is not limited to as backup as evidenced by service rent payments, electric utility completed tenant lease (upon deposits and/or security initial submission only), deposits agreement, t!ent , utility deposit invoice, banking documents and any additional documents as requested. Project Component Two: Submission of supporting Monthly, by the 30"' of the Project Delivery which may documents must be provided month following the month of include personnel salaries as backup as evidenced by service timesheets, payroll register, bank statements and any additional documents as requested. [22-SOC-00936/ 1736289/ 1 ] 3 Collier County Housing Authority HM21-02 Tenant Based Rental Assistance Amendment 91 T r to 0 N - C�p - Packet Pg. 813 16.D.5.a Words C'••ME Thfough are deleted; Words Underlined are added. HOME Match Requirement Documentation of HOME Eligible Matching Funds There is no match obligation for those funds expended and paid prior to 9.30.22 pursuant to "Additional Revision, and Extension of December 2020 and April 2020 Memorandum —Availability of Waivers and Suspension of the HOME Program Requirements in Response to COVID-19 Pandemic Dated 9.27.21. Beginning 10.1.22, 25% match to be provided by Collier County. 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall begin on JANUARY 1, 2022 and end on XUNE 30, 2 SEPTEMBER 30, 2023. The term of this Agreement and the provisions herein may be extended by amendment to cover any additional time period during which the SUBRECIPIENT remains in control of HOME funds or other HOME assets, including program income. No program costs can be incurred until an environmental review of the proposed project is completed and approved by HUD. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to the HUD environmental clearance of fiends and a CHS Notice to Proceed (NTP) letter. Violation of this provision will result in the denial of any reimbursement of funds under this Agreement. The County Manager or designee may extend the term of this Agreement for a period of LIP to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. The duration of the SUBRECIPIENT Agreement is as follows; Agreement Effective Date January 1, 2022 Agreement Termination Date (4 yeaps) D eeerier31,2025 September 30 2023 Deadline for Receipt of Final Reimbursement Request mafeb 31, 2 December 31, 2023 [22-SOC-0093611736289/1] 4 Collier County Housing Authority HM21-02 Tenant Based Rental Assistance Amendment #1 FAO Packet Pg. 814 16.D.5.a Words Store► Thfa ►gh are deleted; Words Underlined are added. 1.4 AGREEMENT AMOUNT The COUNTY agrees to male available FOUR HUNDRED THIRTY-ONE THOUSAND FIVE HUNDRED THIRTY-SEVEN DOLLARS AND SEVENTY-EIGHT CENTS ($431,537.78) for use by the SUBRECIPIENT, during the term of the Agreement (hereinafter, referred to as the "Funds"). This Agreement shall remain in effect until all HOME funds and program income are no longer under the control of the SUBRECIPIENT. Modifications to the "Budget and Scope" may only be made, if approved in advance, by the COUNTY. Budgeted fund shifts between line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only be made with Board approval. THE REST OF THIS PAGE LEFT BLANK INTENTIONALLY [22-SOC-00936/ 1736289/1 ] 5 Collier County Housing Authority HM21-02 Tenant Based Rental Assistance Amendment #1 T r to 0 N - C,�p - Packet Pg. 815 16.D.5.a Words Strue T g4 are deleted; Words Underlined are added. ATTEST: CRYAT?AL K. KINZEL, CLERK o Man erk �Aft�s�ta's °s -AL) Wit ess # 1 Printed Name L-1 Witnessl#2 Signature A!Q"yq J?va Witne s 42 Printed Name p oved as to farm and legality: 0 (' 11----� r), Derek D. Perry �,�"', 1 Assistant County Attorney ljo Date: OGT` G _ZazZ [22-SOC-00936/ 1736289/ 1 ] Collier County Housing Authority Tenant Based Rental Assistance AS TO THE COUNTY: BOARD OF CO Y MMISSIONERS OF COLLIER COU19TIV FLORT Willem L. McDaniel, Jr., Chairman Date:Z�- AS TO SUBRECIPIENT: COLLIER COUNTY HOUSING AUTHORITY By: Oscar entache , ecutive Director Date: —'r &2... [Please provide evidence of signing authority] HM21-02 Amendment #I r co LO N C'�'p Packet Pg. 816 FAIN # M-18-UC-12-0217 M-21-UC-12-0217 Federal Award Date October 2018 and October 2021 Federal Award Agency HUD CFDA Name Home Investment Partnerships (HOME) CFDA/CSFA# 14.239 Total Amount of Federal Funds Awarded $424,993.00 Subrecipient Name Collier County Housing Authority DUNS# 040977514 FEIN 59-1490555 R&D No Indirect Cost Rate No Period of Performance January 1, 2022 - June 30, 2025 Fiscal Year End 9/30 Monitor End: 9/2025 AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HOUSING AUTHORITY Teirant Based Rental Assistairee (TBRA) THIS AGREEMENT is made and entered into this l �+ day of _, 2022 by and UNT between Collier County, a political subdivision of the State of Florida, (COY) having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and COLLIER COUNTY HOUSING AUTHORITY (SUBRECIPIENT) a quasi -governmental agency established by Florida Statute 421 existing under the laws of the State of Florida, having its principal office at 1800 Farm Worker Way, Immolcalee, FL 34142. WHEREAS, the COUNTY is the recipient of HOME investment Partnerships (HOME) Program Rinds 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 Plans for Federal Fiscal Years 2019-2020 and 2021-2022 for the HOME Program on June 25, 2019 and June 22, 2021, Agenda Items, 16.D.2 and 16.D.7, respectively, and the Substantial Amendment dated December 14, 2021, Agenda Item ; and WHEREAS, HUD has approved the County's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2019-2020 and 2020-2021 for the HOME Program and the use of the HOME fiends for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in this Agreement, in accordance with the approved One -Year Action Plan; and CCHA HM21-02 Tenant rinsed Rental Assislance JBRA) gage 1 Packet Pg. 817 WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the HOME Program as a valid and worthwhile County purpose. NOW, THE, in consideration of the mutual covenants and obligations herein contained, the Patties agree as follows: PART I SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with ally standards required N as a condition of providing HOME finds, as determined by Collier County Community & Human Services E (CHS), perform the tasks necessary to conduct the program as follows: -p c Project Name: Tenant Based Rental Assistance (TBRA) d E Q Description of project and outcome: The HOME Tenant Based Rental Assistance project will Q m serve households with rent payments, electric utility deposits and/or security deposits for a Q period up to 24 months. _ c.) U Project Comiponent One: Rental assistance which may include but is not limited to rent payments, electric utility deposits and/or security deposits. N ject Component Two: Project Delivery which may include personnel salaries. P�•om e Nent T- N 2 Project Tasks: _ a. Maintain documentation on all households served, in compliance with Q m 24 CFR 576.500 ~ b. Provide quarterly reports on meeting HOME Eligible Activity m c. Required attendance by a representative of SUBRECIPIENT Executive v Management, at each Partnership Meeting. LU w 1.1 SPECIAL GRANT CONDITIONS A. Within sixty (60) calendar days of the execution of this Agreement, the SUBRECIPIENT must deliver to CHS for approval, detailed tenant selection policies and criteria. B. Tile following resolutions and policies must be submitted within sixty (60) clays of the execution of this Agreement: ® Affirmative Flair Housing Policy ® Affirmative Action/ Equal Opportunity P01icy ® Marketing Plan ® Conflict of Interest Policy Procurement Policy ❑ Uniform Relocation Act Policy ® Sexual Harassment Policy ❑ Section 3 Policy CCHA HM21-02 Page Tenant Based Renlnl Assistance (TBRA) Packet Pg. 818 ® Section 504/ADA Policy ® Fraud, Waste, and Abuse Policy ® Violence Against Women Act (VAWA) Policy ® LGBTQ Policy ® Language Assistance and Planning Policy (LAP) ❑ Capital Need Assessment Plan ❑ Program Income Reuse Plan ❑ Tenant Policy Manual C. Persons who, due to national origin, do not speak English as their primary language and who have limited ability to speak, read, write, or understand English ("limited English proficient persons" or LEP) may be entitled to language assistance under Title VI to receive a particular service, benefit, or encounter. In accordance with Title VI of tile Civil Rights Act of 1964 ('Title VI) and its implementing regulations, the SUBRECIPIENT agrees to take reasonable steps to ensure meaningful access by LEP persons to activities funded with HOME Funds. Any of the following actions could constitute "reasonable steps," depending on (lie 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 bilingoal employees or volunteers for outreach and intake activities; contracting with a telephone line interpreter service; etc. D. Environmental Review Requirement (ERR) - No program costs can be incurred until an environmental review of the proposed project is completed and approved. Further, the SUBRECIPIENT will not undertake any activity or commit any finds prior to tire, issuance of the CHS Notice to Proceed (NTP) letter. Violation of this provision may result in the denial of any reimbursement of finds under this Agreement. E. Annual Subrecipient Training — All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement shall attend the CHS-sponsored Annual Subrecipient Fair Housing training, except those who attended the training in the previous year. In addition, at least one staff member shall attend all other CHS-offered Subrecipient training, relevant to the Project, as determined by the Grants Coordinator, not to exceed four (4) sessions. F, Persons who, as a result of natiotal origin, do not speak English as their primary language and who have limited ability to speak, read, write, or understand English ("limited English proficient persons" or LEP) may be entitled to language assistance under Title VI in order to receive a particular service, benefit, or encounter. In accordance with Title VI of the Civil Rights Act of 1964 (Title VI) and its implementing regulations, the SUBRECIPIENT agrees to take reasonable steps to ensure meaningful access to activities funded with HOME Funds, by LEP persons. Any of the following actions could constitute "reasonable steps", depending on the circumstances: acquiring translators to translate vital documents; advertisements, or notices; acquiring interpreters for face to face interviews with LEP persons; placing advertisements and notices in newspapers that serve LEP persons; partnering with other organizations that serve LEP populations to provide interpretation, translation, or dissemination of information regarding the project; hiring bilingual employees or volunteers for outreach and intake activities; contracting with a telephone line interpreter service; etc. CCHA 1IM21-02 Page 3 'tenant Based Rentat Assistance (HIRA) Packet Pg. 819 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. Tile amount of the rental subsidy is based on the income of the household, the particular unit the household selects, and Collier County rent standards FY2019-2020 and FY 2021-2022 Action Plan identified an(] approved the Project to perform the tasks necessary to conduct the program as follows: Tenant Based Rental Assistance Federal Funds Match Liability Project Component 1: Rental assistance which may $382,500.00 $ include but is not limited to rent payments, electric utility deposits and/or security deposits Project Component 2: Project Delivery which may $42,493,00 $ include personnel salaries HOME Match Requirement — 25% There is no match obligation for those funds expended and paid prior to 9.30.22 pursuant to "Additional Revision, and Extension of December 2020 and April 2020 Memorandum -- Availability of Waivers and Suspension of the HOME Program Requirements in Response to COVID-19 Pandemic Dated 9.2T21. Beginning 10.L22, 25% match to be provided by Collier County. Grant Total $424,993.00 The SUBRECIPIENT will accomplish the following checked project tasks: ❑ Pay all closing costs Mated to property conveyance ® Maintain beneficiary income certification documentation, and provide to the COUNTY as requested ❑ Maintain and provide National Objective Documentation ❑ Provide Quarterly Reports on National Objective and, project progress ® Ensure attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation CCHA H M21-02 Tennnt Based Remel Assistance (TnRA) 11agc 4 Packet Pg. 820 ❑ Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Comply with Davis -Bacon Labor Standards ❑ Coniply with Section 3 and maintain documentation ❑ Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act (URA), if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible ❑ Ensure the applicable continued use period for the project is met B. Income Requirements Income requirements for tenant based rental assistance under this Agreement shall comply with 24 CFR 92.216; 90 percent of tenants served must have an annual income at or below 60 percent of the HUD established median family income for Collier County, as adjusted for family size, at the time of occupancy or at the time finds are invested, whichever is later. Tile 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 Dellverables Program; Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies as stated in this Within sixty (60) days of Policies Section 1.1 Agreement Agreement Execution HQS Inspections Inspection Form Prior to Occupancy and annually thereafter Insurance Insurance Certificate Exhibit A Within thirty (30) days of Agreement execution and within thirty (30) days of renewal Income Certification Exhibit D Maintained in SUBRECIPIENT Documentation client file and validated at Interim and Closcout Monitoring Davis-Bacon/Certified Payroll Certified Payroll NIA Documentation Project Performance Progress Exhibit C Quarterly, on the 10111 of file Report month, following the end of the quarter and a final report due upon completion of the project Section 3 Report Quarterly Report of new hire NIA information Annual Audit Monitoring Exhibit E Annually within 60 days aller Report FY end. Financial and Compliance Audit Single Audit, Audited Annually nine (9) months for Financials, Management Letter, Single Audit OR one hundred MIA 11M21-02 Tenant rinsed Rental Assistance (MRA) r'agc S n Packet Pg. 821 and Supporting Documentation ei ht 184 days after rY end Continued Use Certification Continued Use Affidavit NIA Tenant Leases Copy of lease document N/A Occupancy and Tenant Income Summary of Tenant Income and N/A Report and Rental Rate Report Income Limit, Rent and Rent Limit, by unit Rent Roll Operating Expense Report Actual vs. Budget, revenue and N/A expense report and all supporting documentation as requested Maintenance Plan Maintenance Policy Manual N/A Maintenance Agreement Executed Agreement NA Capital Needs Assessment Plan Plan approved by the COUNTY N/A Program Income Re -use Plan Planned use of program- N/A generated income D. Payment Deliverables The Following Table Details tI►e Payment Deliverables Payment Deliverable Payment Supporting Submission Sel►edule Documentatlon Project Component One; Rental Submission of supporting Monthly, by the 3011 of the assistance which may include but documents must be provided as month following the month of is not limited to rent payments, backup as evidenced by service electric utility deposits and/or completed tenant lease, security deposits SUBRECIPIENT/landlord agreement, rent invoice, utility deposit invoice, banking documents and any additional documents as requested. Project Component Two: Submission of supporting Monthly, by the 3011 of the Project Delivery which may documents must be provided as month following the month of include personnel salaries backup as evidenced by service timesheets, payroll register, bank statements and any additional documents as requested. HOME Match Requirement Documentation of HOME Eligible Matching Funds There is no match obligation for those fluids expended and paid prior to 9.30.22 pursuant to "Additional Revision, and Extension of December 2020 and April 2020 Memorandum — Availability of Waivers and Suspension of the HOME Program Requirements in Response to COVID-19 Pandemic Dated 9.27,21. Beginning 10.1.22, 25% match to be provided by Collier County. CCHA HM21.02 Tenant Based Rental Assistance (T➢RA) Page 6 C r a Packet Pg. 822 E. Project Location 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 call be used outside Collier County, in the event Fair Market Rents or twit size is not available in Collier County, 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall begin on JANUARY 1, 2022 and end on JUNE 30, 2025. The N term of this Agreement and the provisions herein may be extended by amendment to cover any E additional time period during which the SUBRECIPIENT remains in control of HOME funds or a other HOME assets, including program inconnc. No program costs can be incurred until an environmental review of the proposed project is Q Q completed and approved by HUD. Further, the SUBRECIPIENT will not undertake any activity or m commit any funds prior to the HUD environmental clearance of funds and a CHS Notice to Proceed (NTP) letter. Violation of this provision will result in the denial of any reimbursement of funds = under this Agreement, V The County Manager or designee may extend the term of this Agreement fora period of up to 180 days after the end of the Agreement, Extensions must be authorized, in writing, by formal letter to N the SUBRECIPIENT. The duration of the SUBRECIPIENT Agreement is as follows: Agreement Effective Date January 1, 2022 Agreement Termination Date (4 years) December 31, 2025 Deadline for Receipt of Final Reimbursement Request March: 31, 2026 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available FOUR HUNDRED TWENTY-FOUR THOUSAND NINE HUNDRED NINETY-THREE DOLLARS AND ZERO CENTS ($424,993.00) for use by the SUBRECIPIENT, during the term of the Agreement (hereinafter, referred to as the "Funds"). This Agreement shall remain in effect until all HOME funds and program income are no longer under the control of the SUBRECIPIENT, Modifications to the `Budget and Scope" may only be made, if approved in advance, by the COUNTY. Budgeted fund shins between line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only be made with Board approval. Match Pursuant to 24 CFR 92.218 Match is required for HOME funds. The SUBRECIPIENT is required to provide match funds from an eligible source, such as contributions to housing activities that qualify as affordable housing under the HOME program throughout a fiscal year. Contributions that have been or will be counted CCITA HM2l-©2 Tenant Based Rcntat Assistance (TBRA) Nige 7 .F Packet Pg. 823 as satisfying a matching requirement of another Federal grant or award may not count as satisfying the matching contribution requirement for the HOME program. Pursuant to Florida Administrative Code 67-37.007, the State Housing Initiatives Partnership (SHIP) Program fluids may be used as required match for HOME eligible activities. The COUNTY shall reimburse file 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 finds are needed for the payment of eligible costs, and all disbursement requests must be limited to tlue amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this Agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more firequently than once per month. Final invoices are due no later than 90 days after the end of the Agreement, except for retainage, which may be held beyond the end date of the Agreement until all deliverables are met. Work performed during the term of the program but not invoiced within 90 days after the end of [lie Agreement, may not be processed without written authorization from the Grant Coordinator. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements, including timely submission of Performance Deliverables contained in Section 1.2.C. Late submission of deliverables may cause payment suspension of any open pay requests until ttue required deliverables are received by CHS. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Match Pursuant to COVED Waiver During tlue COVID-19 Pandemic, certain HOME waivers affected the match obligation. Availability of Waiver Suspensions of tlue HOME Program Requirements in Response to COVID- 19 Pandemic (April 2020); Revision, Extension, and Update of April 2020 Memorandum - Availability of Waivers of Suspensions of the HOME Program Requirements in Response to COVID-19 Pandemic (December 4, 2020), and Additional Revision and Extension of December 2020 and April 2020 Memorandum -Availability of Waivers of Suspension of tile HOME Program Requirements in Response to COVID-19 Pandemic (September 27, 2021) all suspended 24 CFR 92.218 and 92.222(b) as follows: Explanation: The provisions of 24 CFR 92.218 and 24 CFR 92.222(b) require all HOME participating jurisdictions to contribute throughout the fiscal year to housing that qualifies as affordable housing under the HOME program. The contributions must total no less than 25 percent of the HOME finds drawn from the participating jurisdiction's DOME Investment Trust Fluid Treasury account. The COVID-19 pandemic has drastically reduced economic activity, reducing state and local tax revenues, and placing financial strain on participating jurisdictions as they deliver urgently needed public health, emergency housing, education, and community and social services. Reducing the matching requirement for participating jurisdictions in areas covered by a major disaster declaration by 100 percent for FY 2020, 2021, and 2022 will ease the economic burden on participating CCHA HM21.02 Tenant Based Rental Assistance (TBRA) Page 8 *7(: Packet Pg. 824 jurisdictions and eliminate the need for them to identify other sources of match for HOME activities. Justification: Given the urgent housing and economic needs cleated by COVID-19, and the substantial financial impact the participating jurisdiction will face in addressing those needs, waiver of these regulations will relieve the PJ from the need to identify and provide matching contributions to HOME projects. Applicability; This match reduction waiver is in effect from October 19, 2019 until Scptember 30, 2022 and applies to finds expended by a participating jurisdiction for FY 2020, FY 2021, and FY 2022. 1.5 COST PRINCIPLES c E Payments to the SUBRECIPIENT are governed by the Federal grant management rules for cost allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section a (Section 1.5-Cost Principles) of this Agreement, SUBRECIPIENT is defined as a described in a 2 CFR 200,93. Accordingly, payments will be made on a cost reimbursement basis. Each request m for reimbursement shall identify tlue associated project and approved project task(s) listed under this Scope of Work. The SUBRECIPIENT can only incur direct costs that may be attributed a specifically to the projects referenced above, as defined in 2 CFR 200.413. SUBRECIPIENT must v provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT's v contractors and vendors are conditioned upon compliance with the procurement requirements provided in 2 CFR 200.318-200.327. Allowable costs incurred by the SUBRECIPIENTS and ;° Contractors shall be compliant with 2 CFR Subpart E-Cost Principles. The SUBRECIPIENT will 54 use adequate internal controls and maintain necessary source documentation for all costs incurred c and adhere to any other accounting requirements included in this Agreement. N 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or pefsonal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid sluall be effective oil the date of delivery or sending. All notices and other written communications under this Agreement sluall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Carolyn Noble, Grant Coordinator Collier County Government Community and Human Services Division 3339 E Tamiami Trail, Suite 213 Naples, Florida 34112 Email: Carolyn Noble Telephone: (239) 450-5186 CCHA IM21-02 Tenant Based Rental Assistance (rBRA) Packet Pg. 825 16.D.5.b SUBRECIPIENT ATTENTION: Oscar Hentschel, Executive Director Collier County Housing Authority 1800 Farm Worker Way Immokalee, Florida 34142 Email: ohentscliel @cchaffiqrg Telephone: (239) 657-3649 Remainder• of Page Intentionally Left Blank CCHA HM21.02 Tcnnnt Bnsed Rental Assistance CrnRA) [Inge I D Packet Pg. 826 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business fours and as often as the COUNTY (and/or its representatives) may decor necessary, the SUBRECIPIENT sliall make available all records, documentation, and any other data relating to all matters covered by the Agreement for review, inspection, or audit. Any deficiencies noted in audit reports must be filly cleared by tlhe SUBRECIPIENT within 30 N clays after receipt. SUBRECIPIENT's failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in withholding of future payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with EE current COUNTY policy concerning SUBRECIPIENT audits and 2 CFR 200.501, E The determination of Federal award amount expended shall be in accordance with guidelines a established by 2 CFR Part 200, Subpart F-Audit Requirements. a m 2.2 RECORDS AND DOCUMENTATION a The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 92.508 to v 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: W N A. All records required by HOME regulations. c B. SUBRECIPIENT sliall keep and maintain public records that ordinarily and necessarily N 2 would be. required by COUNTY to perform the service. _ C. SUBRECIPIENT shall make available to the COUNTY or CHS, at any time upon request, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, that sufficiently and properly reflect all revenues and expenditures of fluids 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 contcmplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, the SUBRECIPIENT shall maintain all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for five (5) years after the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 92.508(c). However, if 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 tine COUNTY, in writing, of n MIA 'S HM21.02 Tenant 13md Rcninl Assisimice (TnRA) Page I I Packet Pg. 827 2.3 the address where the records are to be kept, as outlined in 2 CPR 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 terluiltation of the Agreement and destroy ally duplicate exempt or confidential public records that are released from public records disclosure requirements. All records stored electronically Joust be provided to the COUNTY in a format that is compatible with the COUNTY's information technology systems. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832, Micilael.Cox colliercount tl. ov, 3299 Tamiarni Trail C, Naples I+L 34112. E. For rental housing projects, records may be retained for five years after the project completion date; except that records of individual tenant income certification, project rents, and project inspections must be retained for the most recent five-year period, until five years after tile end of the affordability period. F. The SUBRECIPIENT is responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible tinder HUD Income Guidelines. The SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT's compliance. G. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records, and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public records, that are released from public records disclosure requirements, are not disclosed except as authorized by 2 CFR 200,337 and 2 CFR 200.338. MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY all Annual Audit Monitoring report (Exhibit E) no later than 60 days after SUBRECIPIENT's fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one bundred eighty (180) days for Sttbrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on -site monitoring visit and evaluation activities, as determined necessary. At tile COUNTY's discretion, it may impose a reasonable monitoring charge. fees are based on average staff time and costs of materials. Ongoing monitoring fees may be included in the project underwriting. In addition, tireCOUNTY 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. Tile continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of required reports. The SUBRECIPIENT shall allow CHS or HUD to monitor the CCHA J IMM-02 Page 12 Tenant Based Rcntal Assislauce (TBRA) Packet Pg. 828 SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by CHS or HUD. COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud, waste, abuse, or non-performance based on goals and performance standards, as stated with all other applicable laws, regulations, and policies governing the fiends provided under this Agreement, further defined by 2 CFR 200.332. Substandard performance, as determined by CHS, will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable time period after being notified by CHS, Agreement suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and provide proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events are to be clearly documented, and the documentation shall be readily available for monitoring by CHS. SUBRECIPIENT shall give COUNTY complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the performance 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 tirade in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement, Penalties may be imposed for failure to implement or to make acceptable progress on such corrective action plans. To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. The escalation policy for noncompliance is as follows; 1. Initial noncompliance may result in Findings or Concerns being issued to the SUBRECIPIENT and will require a corrective action plan to be submitted to CHS within 15 days following issuance of the report. o Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. o CIIS will be available to provide Technical Assistance (TA) to the SUBRECIPIENT, as needed, to assist in correcting the noncompliance issue. CCHA HM21-02 � Tenant Bmil Rental Assistance (TBRA) 1'86e 13 Packet Pg. 829 2. If SUBRECIPIENT fails to submit the corrective action plan in a timely manner, CUTS may require a portion of the awarded grant amount be returned to the COUNTY. o CHS may require upwards of S percent of the award amount be returned to the COUNTY, at the discretion of the Board. o The SUBRECIPIENT may be considered in violation of Resolution No. 2013-228. 3. If a SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected and has been informed by CHS of their substantial noncompliance by certified mail; CHS may require a portion of the awarded grant amount, or the amount of the HOME investment for acquisition of the properties conveyed, be returned to the COUNTY. 04 it o CHS may rcquire upwards of l 0 percent of the award amotmt be rettu•ned to the COUNTY, c d E at the discretion of the Board. c d E o The SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. Q Q 4. If after repeated notification, the SUBRECIPIENT continues to be substantially noncompliant, m CHS may recommend the Agreement or award be tenninated. Q V o CHS will make a recommendation to the Board to immediately terminate the Agreement. v The SUBRECIPIENT will be required to repay all fiends 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. v o The SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. N e If the SUBRECIPIENT has multiple agreements with the COUNTY and is found to be noncompliant, the above sanctions may be imposed across all awards, at the Board's discretion. 2.6 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 1011i day of January, April, July, and October, respectively, for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final repot 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 fortis in Exhibit C, which contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their designee in the event of Program changes, the need for additional information or documentation arises, and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. CCHA HM21-02 Tenant Based Rental Assistance (TBRA) Page H Packet Pg. 830 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE N *k Tile SUBRECIPIENT agrees to comply with the requirements of Title 24 of (le Code of Federal c E Regulations, Part 92 (the U. S. Housing and Urban Development regulations concerning HOME Investment Partnerships Prograur Grants (HOME), including subpart H, except that (1) the SUBRECIPIENT does not assume tile, COUNTY's environmental responsibilities described in 24 a CFR 93.352, and (2) the SUBRECIPIENT does not assume the COUNTY's responsibility for initiating the review process under the provisions of 24 CFR 92.357. The SUBRECIPIENT also m agrees to comply with all other applicable laws, regulations, and policies governing the funds a provided under this Agreement. The SUBRECIPIENT further agrees to utilize funds available m under this Agreement to supplement, rather than supplant, fiards otherwise available. v 3.3 INDEPENDENT CONTRACTOR N_ Nothing contained in this Agreement is intended to, or shall be construed in any manner, as N creating, or establisbing the relationship of employer/employee between the parties. The o SUBRECIPIENT shall always remain an independent contractor with respect to (lie services to be 04 performed under this Agreement. 'fire COUNTY shall be exempt from payment of all = Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor, and an m employer/employee relationship will not be created. a T 3.4 AMENDMENTS Tire COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Board. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations wider this Agreement. Tile COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or Local governmental guidelines, policies, available funding amounts, or other reasons. If such amendments result in a change in the funding, the scope of service, or schedule of activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from HUD provided HOME grant fluids and must be implemented in full compliance with all HUD rates and regulations and any agreement between the COUNTY and 14UD governing HOME finds pertaining to this Agreement. In tile event of curtailment or non -production of said federal funds, the financial resources necessary to continue MIA HM21.02 Page rs Tennnl Based Rental Assislanee (TBRA) Packet Pg. 831 to Pay (lie SUBRECIPIENT all or any portion of the fiends 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-lier sole discretion and judgment, that the finds are no longer available. In tile. event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual meniber 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 N 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, E damages, losses, costs, and causes of action which may arise out of an act of amissiou, including -0 but not limited to, reasonable attorneys' and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, a officers, servants, employees, contractors, patrons, guests, Clients, licensees, invitees, of ally Persons acting under the direction, control, or supervision of the SUBRECIPIENT in the W Performance of this Agreement. This indemnification obligation shall not be construed to negate, m abridge, or reduce any other rights or remedies that otherwise may be available to all indemnified = Party or person described in this paragraph. The SUBRECIPIENT shall hay all claims and losses v of any nature whatsoever in connection therewith, defend all suits in the name of the COUNTY, U 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 c Section 768.28, Florida Statutes. This Section shall survive the expiration or termination of this N Agreement. x 3.7 GRANTOR RE COGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamplilets, 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: " Fj NANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT {HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team, as well as Equal Housing Opportunity to the general public. 3.8 SUSPENSION AND DEBARMENT SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by a Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, as outlined in Executive Orders CCHA HM21-02 Page lG 'tenant Based Rental Assistance (TBRA) Packet Pg. 832 3.9 12549 (1986) and 12689 (1989), Suspension and Debarment and 2 CFR 200.214, as further detailed in Section 4.18. DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.341, this Agreement may be terminated for convenience by either the COUNTY or the SUBRECIPIENT, ill whole or ill part, by setting forth the reasons for such termination, the effective date, and in the case of partial terminations, tile, portion to be terminated. However, in the case of a partial termination, if tile, 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 (lie COUNTY if the award no longer effectuates the program goals or grantor agency priorities. Tile following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. SUBRECIP)ENT's failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as may become applicable at any time. B. SUBRECIPIENT's failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner. C. SUBRECPIENT's ineffective or improper use of finds provided under this Agreement. D. SUBRECIPIENT's submission of reports to tle COUNTY, that are incorrect or incomplete in any material respect. E. SUBRECIPIENT's submissioni of any false certification. F. SUBRECIPIENT's failure to materially comply with any terms of this Agreement. G. SUBRECIPIENT's failure to materially comply with the terns of any other agreement between tle COUNTY and SUBRECIPIENT relating to the Project. In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part B. Require the use of or change in professional property management C. Require SUBRECIPIENT to immediately repay to the COUNTY all HOME finds SUBRECIPIENT has received under this Agreement D. Apply sanctions set forth in 24 CFR 92, if determined by tle 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 tile, Agreement is terminated by the COUNTY as CCHA HM21-02 Page 17 'I'aiant Bused Rental Assistance (TBRA) Packet Pg. 833 provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. 3.10 REVERSION OF ASSETS Upon termination or expiration of the Agreement, if SUBRECIPIENT has not provided the required end use beneficiaries, in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity), the SUBRECIPIENT shall immediately transfer to the COUNTY any property on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of HOME finids. The COUNTY's receipt of any finds 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 decn necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 92.504(c)(2)(vii). 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said insurance shall be carried contimlously daring SUBRECIPIENT'S performance under the Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements for Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et sect), and the federal regulations for the HOME finds (24 CFR 92 et seq.). 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards at (2 CFR 200,318 through .327) and Collier County's purchasing thresholds. All purchasing for goods and services, including capital equipment, shall be made by purchase order or a written contract in conformity with the thresholds of Collier County Purchasing Policy. Range: Competition Required $0 - $50 000 3 Written Quotes $50,001+ Formal Solicitation (ITB, RFP etc. In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall procure, acquire, or use goods, products or materials produced in the United States. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix 11 Q) and 2 CFR 200.323. All improvements specified in Part 1. Scope of Work shall be performed by SUBRECIPIENT employees, or put out to competitive bidding, under a procedure acceptable to the COUNTY and CCHA 11Mi21-02 Tenant Based Rental Assislance (TBRA) Page 18 Packet Pg. 834 Federal requirements, The SUBRECIPIENT sliall enter into contracts for improvements with tile, lowest, qualified, responsible, and responsive bidder. In accordance with 2 CFR 200,323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II(J) and 2 CFR 200.323. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. 3.14 PROGRAM GENERATED INCOME No Program Income is anticipated. However, if Program Income is derived from the use of HOME fluids disbursed under this Agreement, such Program Income shall be utilized by the SUBRECIPIENT for HOME -eligible activities, approved by COUNTY. Any Program Income (as such term is doftned under applicable Federal regulations) gained from any SUBRECIPIENT activity fimded by HOME fiords shall be reported to the COUNTY through an annual program income re -use plan, utilized by the SUBRECIPIENT accordingly, and shall be compliant with 2 CFR 200,307 and 24 CFR 92.503(a), in the operation of the Program. When Program Income is generated by an activity that is only partially assisted with HOME feuds, the income shall be prorated to reflect the percentage of HOME funds used. If there is a Program Income balance at the end of the Program Year, such balance shall revert to the COUNTY's HOME Grant Program, for further reallocation. 3.15 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during the closeout period shall include, but are not limited to making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section 2.2, the SUBRECIPIENT sliall comply with Section 119.021 Florida Statutes, regarding records maintenance, preservation, and retention. A conflict between state and federal records retention law requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any finds paid exceeding the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refinided to the COUNTY, SUBRECIPIENT shall also produce records and information that comply with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.344. 3.16 OPPORTUNITIES TOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or subjected to, discrimination under any activity carried out by the performance of this Agreement based on race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-incomc 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 witli the project, to the greatest extent feasible. The SUBRECIPIENT shall comply with Section 3 of the Housing and Conummity Development Act of 1968. CCHA HM21-02 'I'mmit Based RenlFil Assistance CrBRA) Page 19 Packet Pg. 835 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses and minority and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "small business" means a business that meets the criteria set forth ill section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and "minority and women's business enterprise" means a business at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are All'o-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The SUBRECIPIENT may rely our written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.18 PROGRAM BENICFICIARIES HOME Program TBRA finding is limited to low-income households (below 80 percent of Area Medium Income (AMI)), However, HUD has further targeted very low-income households (at or below 60 percent of AMI), per 24 CFR 92.216(a). As such, 90 percent of eligible households receiving TBRA funding under this Agreement must be at or below 60 percent of AMI and 10 percent of eligible households may have a household income of up to 80 percent of AMI, adjusted for family size. Assistance must be provided for at least one year but not more than two years, per 24 CFR 92.209(e), 3.19 AFFIRMATIVE ACTION The SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Program, pursuant to the COUNTY's specifications in keeping with the principles as provided in President's Executive Order 11246 of September 24,1966. The SUBRECIPIENT shall submit to the COUNTY for approval a plan for an Affirmative Action Program prior to the award of finds. SUBRECIPIENT shall update the Affirmative Action Plan throughout the affordability period, as needed, and submit it to the COUNTY within 60 days of any update/modification. 3.20 FEES The SUBRECIPIENT agrees that it shall not charge servicing, origination, or other fees for (lie purpose of covering costs of administering the HOME program, except as permitted by 24 CFR 92.214(b)(1). 3.21 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Project, has any direct or indirect personal financial interest in the Project areas or any parcels therein that would conflict in any manner or degree with the performance of this Agreement. The SUBRECIPIENT shall not employ or subcontract any person having a conflict of interest for this project. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 92.356(f) "Conflict of Interest," 2 CFR 200.318, and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. CCHA HM21-02 Tenant Based Renal Assislance ('I'BRA) Page 20 Packet Pg. 836 3.22 3.23 Any possible conflict of interest on the part of the SUBRECIPIENT oi• its employees shall be disclosed in writing to CHS provided, however, that this section shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low- and moderate -income residents of the project target area. The SUBRECIPIENT will notify (lie 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 proposes[ 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. RELIGIOUS ORGANIZATIONS HOME fiords may be used by religions organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 92.257. The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows; a. It will not discriminate against any employee or applicant for employment based on religion and will not limit or give preference ill erniployment to persons based on religion. b. It will not discriminate against any person applying for public services based on religion and will not limit such services or give preference to persons based on religion. c. It will retain its independence from Federal, State, and local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that it does not use direct HOME fiords to support any inherently religious activities, such as worship, religious instruction, or proselytizing. d. The fiends 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 fiords in this part. Sanctuaries, chapels, or other rooms that a HOME funded religious congregation uses as its principal place of worship, however, are ineligible for HOME funded improvements. INCIDENT REPORTING If services to clients are provided under this Agreement, the SUBRECIPIENT and any subcontractors shall report to CHS, knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person. 3.24 SEVE, R.A.BILITY 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. CCHA HM21-02 Page 21 "tenant Based Rental Assistance (TnRA) Packet Pg. 837 PART IV GENERAL PROVISIONS 4.1 24 CFR 92 as ametlded- All the regulations regarding the HOME prograln 11tt ://www.ecfr, ov/e i-Uiu/text idx?SID=c6cec34b7aab 1 a869e49c 109 i cf69e98&node=24:1.1.1.1.41 &r n=div5 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Lilik: main 02.t l http.//www.ecf ov/cei bin/text-idx?c=eefr&t)l=/ecfrbrowse/Title24/24efr58 4.3 Title II of the Cranston -Gonzalez National Affordable Housing Act (42 U.S.C. 12701 et seq.). E Regulations at 24 CFR part 92. c 4.4 The Fair Housing Act (42 U.S.C, 3601-20) Reasonable Accommodations Under the Fair Housing d a Act. htts://www.hud. ov/sites/documents/DOC 7771 •PDF a tY E.O. 11063 — Equal Opportunity in Housing httortal.htid. ov/lutd octal/HUD?src=1 ro ram offices/fair housin equal o /FHLaws/EX a :ll OI 1063 E.O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs = v U htt ://www.archives. ov/federal-re ister/codification/executive-order/12259.htm1 24 CFR Part 107 — Non -Discrimination and Equal Opportunity in Housing under E.O. littps://ww►v law coruel l.edii/cfr/text/24/pall-107 `-' 4.5 Title V1 of the Civil Rights Act of 1964 as amended, Title VIII of tileN Civil Rights Act of 1968 as e htt s://www.litid.ggv/programdescription/title6 N amended s 4.6 24 CFR 92.202 - The regulations issued pursuant to Executive Order 11063 which prohibits discritnivation and promotes equal opportlmity in housing. 4.7 Executive Order 11246 {"Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal fuuds and as supplelnellted in Department of Labor regulations. EO 11246: http://www.eeoc.sov/eeoc/histo U/3 5 th/thelaw/eo-11246.htm l EO l 1375 and 12086: see item #8 below 4.8 24 CFR 75 -- Regulations outlining requiremcnts of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CPR 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 fitlfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. https://www.cefr.gov/curren -75?toc--1 TIM HM21-02 Pnge 2 2 Tenant Bnsed Itentnl Assislance (TBRA) 0 Packet Pg. 838 The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public Construction project are given to low- and very low-income persons residing within the metropolitan area in which the ESG-fuunded 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 ESG-fiuuded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. http://radresource.net/doc out.cfm?id=Sec3Guide The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. hitps://www.ecfr.gov/current/title-24/subtitle-A/part-75?toc=l 4.9 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opporttntity Act of 1972,42 USC § 2000e, el. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIEN`I', state that it is all Equal Opportunity or Affirmative Action employer, http://w%vw.ecoc.gov/IaNvs/statutes/titlevii.efin 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 - http:/hv►vw.dol.gov/oasain/regs/statutes/ag_e act.htm 11063: https://www.cefr.goy/egi-bin/text- idx?c=ccfr&tpl=/ccfrbrowse/Title24/24efi•135 main 02.tp1 11246:http://ww%v.ecoc. oy/eeoc/history/35t[r/tlielaiv/eo-I1246.1itm_I 11375: Amended by EO 11478 11478: htt ://Nvww.arellives. ov/federal-re ister/eodificatioii/executive-order/t 1478.1itml 12107: htt://www.arciiives. ov/federal-re ister/codificatioti/executive-order/12107.litml 12086:liu ://www.arcliives. ov/federal-re ister/codificatioii/exectitive-order/12086.litinl CCHA IIM121-02 Temmt Eased Reniat Assislaucc CfBRA) Nge 23 Packet Pg. 839 4.11 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 92.251 Section 504: lift :Ihvww.e pa. ,ov/civilriglits/sec5O4.htm 29 USC 776: http:Hlaw ouecle eorll/uscode/29/776.htlnI 4.12 The Americans with Disabilities Act of 1990 lilt ):/hvww.fliwa.dot. ov/realestate/ua/itidex.htn 4.13 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. htt ://www.fllwa.d)t. ov/realestate/ua/iildex.htm 4.14 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 5 Subpart A, as revised by Executive Order 13279. litti)://www.inbda-.Zov/node/333 4.15 Public Law 100-430 - the Fair Housing Amendments Act of 1988. i,tti)://Ivww.ticbi.11llll.tlih.gov/ptibined/12289709 4.16 2 CFR 200 ct seq --Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. taps.//, vww.cefr.gov/cgi bin/text idx?tpl=/ecfrbrowsefritle02/2cfr200�main 02.t 1 4.17 2 CFR 216 — Prohibition on certain telecommunications and video surveillance services or equipment. Recipients and Subrecipients are prohibited from obligating or expending loan or grant fiords to: 1) procure or obtain funds; 2) extend or renew a contract to procure or obtain; or 3) enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use(s) covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. 4.18 Immigration Reform and Control Act of 1986 htt :I/www.eeoc. ov/eeoc/iiisto /35tliltliela%v/irca.litml 4.19 Prohibition of Gifts to County Employees - No organization or individual sliall 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 Ill, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes - htt :I/ivww.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part. iii Collier County -- bttpss.//spl6.bec.colliergov.net/sites/HumanResources/Shared%2ODoeulnents/Count - Practices-and-Procedures- (CMA)/CMA%2p5311%20Code%2floi%2OEthics%20and%2OAnti%20Fraud. df 4.20 Order of Precedence - In the event of any conflict between or annong the terms orally 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 terans of tine Contract Documents cannot be resolved by application of the Supplementai 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. MIA HM21-02 Page 74 Tennnl Based Mental Assislancc (TBRA) Packet Pg. 840 4,21 Venue -Any suit of action brought by eitlier party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.22 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between (lie parties, tl'e 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 -snaking 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 ally litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, TloHda Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20"' 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. littp:flwlv%v.flscjiate.gov/La%VS/Stattites/2010/44.102 4.23 The SUBRECIPIENT agrees to comply Witt' tile, following requirements: a. Clean Air Act, �41 USC 7401, et seq. hqp://%v%vNv.law.cornell.edu/tis(,ode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. http:Hwww.law.corneli.edu/tiscode/text/33/cliapter-26 4.24 In accordance with tl'e requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 58), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as havilig 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, wl'ich would satisfy this requirement and/or reduce ti'e cost of said flood insurance. littp://NV%VAV.eefr.gov/cgi-binitext idx?c--cefr&SID=eba4Obdb52822d8Oi827a48beed5bOb56&rn=div8&view=text&node=24:3.1.1. 3 A.11.1.6&idno=24 4.25 The SUBRECIPIENT agrees to comply wits' tl'e Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. http•//mv%v.tips.aov/I'istory/local-la�v/nhpa 1966.1ttm litt :Hw%vw.ccfr. ov/c i-bWtext-idx?c=ecfr&t l=/ecfrbroNvse/TitIe36/36cfr800 main 02.t i 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 of that are included on a federal, state, or local historic property list, littp:H%"vw.nRs.gov/liistoM/locai-la%v/nhpal 966.htm 7711A 14M21-02 Page 25 Tenant Based Renlal Assistance (fBRA) Packet Pg. 841 4.26 The SUBRECIPIENT certifies that it will provide (Irug-free workplaces, in accordance with tite Drug -Free Workplace Act of 1988 (41 USC 701). htt a/us-code.vlex.com/vidlrlru -free-work )lace -re ❑irements-contractors-19242870 4.27 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 5 Subpart A and 24 CFR 92.350. 4.28 The SUBRECIPIENT agrees to comply with 2 CFR 200 et serf and agrees to adbere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are entmterated in 2 CFR 200, et seq. 4.29 2 CFR 216 — Prohibition on certain telecommunications and video surveillance services or equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or grant funds to: 1) procure or obtain; 2) extend or renew a contract to procure or obtain; 3) enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses) covered telecommunications equipment or services as a substantial component of any system, or as critical technology as part of any system. 4.30 Single Audits sliall 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. Subreeipients 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. littps://%v%vw.cefr.gov/cgi-bin/text- idx?SlD--5a78addefffl9a535e83fed3010308aef&mc=true&node=se2.1.200 1344&r n=div8 Clarification of Eligible Audit Costs The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost certification of costs performed by a certified public accountant. This bas always been an eligible cost; the amendment clarifies and codifies this. http://www.law.coriiell.edti/efr/text/24/92.206 4.31 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions ofHOMR 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. hit ://iv%v%v.flnva.dot. ov/realestate/tla/htdex.litm http:/hv%vw law cornell.cdti/cfr/text/49/24.101 ccHn HM21.02 Vage 26 Tenant Based Rental Assislmicc crBRA) Packet Pg. 842 4.32 No Federal appropriated funds have been paid or will be paid, by or oil behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, it Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress ill 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 fiends other than Federal appropriated fiends 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 officeror employee of Congress, or an employee of a Member of Congress in ., Connection with the awarding of any Federal contract, tine leaking of any Federal grant, the making E 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 fiends, other than Federal appropriated finds have been paid or will a be paid to any person for influencing or attempting to influence all officer or employee of ally < agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member m of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, file undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report a Lobbying", in accordance with its instructions. The undersigned shall require that the language of v 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. m 4.33 Travel reimbursement will be based oil the U.S. General Services Administration (GSA) per diem rates ill effect at the time of travel. 4.34 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CPR 5.106. htt s:lhvww. ovre s.com/re ulationslex andltitie24 ari5 suh artA section5.106 4.35 Housing Counseling, includinghonneownership counseling or rental Ilousing counseling, as defined it, §5.100, required under or provided in collilection with atny program achninistered 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.G. 1701x, per 24 CFR 5.111. https://NvN"v.ccfr.gov/cgi-bWtext- idx?S[D=c339cce9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6 littps:Hw%vNv.law.cornell.edu/cfr/text/24/�5.Ll I 4.36 HUD Final Rule — Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. lUttps:/hvww.federalre$ister.gov/documents/201G/11/16/2016-25888/violence-a ainst-women- reauthorization act-of-2013-implementation-in-hitd-housiil- ro rams 4.37 Any rule or regulation determined to be applicable by HUD. 4.38 Florida Statute 448.095 Employment Eligibility. Per Florida Statute 448.095(3), all Florida private employers are required to verify employment eligibility for all new hires beginning January 1, CCNA 1-11021 •e2 t'nge 27 'l'enam eased Rental Assistmnce (TnRA) Packet Pg. 843 2021. Eligibility determination is not required for continuing employees (tired prior to January 1, 2021. littp://www.lelz.state.fl.lis/statiites/iiidex.cfiii?Al)p niode=Display Statute&URL=0400- 0499/044 8/0448.litm I 4.39 Florida Statutes 713.20, Part 1, Construction Liens hit :#%v►v►v.le ,state.fl.iis/Statutes/itid".cfin?A mode=Display Statute&URL=0700- 0799/0713/0713 .lit m l 4.40 Florida Statutes 119.021 Records Retention htt ):Hiv►vw.lawserver.com/law/state/florida/stattites/florida statutes 119-021 4.41 Florida Statutes, 119.071, Contracts and Public Records litt :/hv►vw.le .state.fi.tls/Statutes/index.cfm?A mode=Display Statute&URL=0100- 0199/01 tMections/0I 19.07.htmi 4.38 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at: lttt '11w ► w.le n. ov. 4.39 Equal Treatment of Faith -Based Organizations: By regulation, HUD prohibits all recipient organizations from using financial assistance from HUD to fund explicitly religious activities. Tile SUBRECIPIENT agrees to avoid such prohibited conduct. For mare information, see https•//oio ggvlabout/ocr/partnersliips.lilm, Discrimination based on religion in employment is generally prohibited by federal law, but the Religions Freedom Restoration Act is interpreted oil a case -by -case basis to allow some faith -based organizations to receive HOME fintds while considering religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights. 4.40 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in tite 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 litips://oip.gov/abotit/ocr/l)dfs/UseofConvictioii Advisory.pdf for more details, 4.41 Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENT will not use and lies 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 arty other award or subaward covered by 31 U.S.C. § 1352. Each tier sliall 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 Atnendment (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. CCHA HM21-02 'renant Based Renlal Assistance ('1'nRA) Page 28 Packet Pg. 844 4.42 False Claim, Criminal, or Civil Violation: SUBRECIPIENT mast promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantec, subcontractor, or other person fins 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, of similar misconduct involving subaward agreement funds 4.43 Political Activities Prohibited: None of the ftmds 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 finds provided hereunder shall be utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. c� 4.44 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Regislet- 51225 (October 1, 2009), HUD encourages E recipients and subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of perforating work funded by HUD and to establish E workplace safety policies and conduct education, awareness, and other outreach to decrease crashes a caused by distracted drivers. m 4.45 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable ~ requirements (including requirements to report allegations) pertaining to prohibited conduct related m to the trafficking of persons, whether on the part of the SUBRECIPIENT and any employees of the v SUBRECIPIENT. The details of the SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at httpsalojp.Gov/fimditug/Bxlore/ProltiibitedConduct-Traffickin .Ig lt[il. v 4.46 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT o understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in N support of any contract or subaward to either ACORN or its subsidiaries, without the express prior = written approval of Office of Justice Program (OJP). a Remainder of Page Lttentionally Left Blank CCHA HM2 i-02 Tenn( rinsed Rental Assistance (TBRA) hlge 24 t^ Packet Pg. 845 5.1 PART V HOME Requirements Project Requirements for SUBRECIPIENTS - 24 CI<R 92.209 'File 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 oftenant-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) Loin -income farad ies. 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) n gelerl 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. CCHA 1IM2l-02 Tenanl Based Rewal Assislance (fBRA) Page 30 A Packet Pg. 846 (iii) :Self-snfciency program. Tile SUBRECIPIENT may require (lie 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 E given a preference under the program are therefore prohibited from a applying for or participating in other programs or forms of assistance. Persons who are eligible for a preference must have the opportunity to a participate in all programs of the COUNTY, including programs that are not separate or different. m (3) Existing lenasls in lire HOME, -cissisled projecls. A SUBRECIPIENT may select = low-income families currently residing in housing units that are designated for v rehabilitation or acquisition under the COUNTY's HOME program. v SUBRECIPIENT using HOME funds for tenant -based rental assistance programs may establish local preferences for the provision of this assistance. Families so N selected may use the tenant -based assistance in the rehabilitated or acquired housing 04 unit or in other qualified housing. o (c) Term of rental assistance contract. The term of the rental assistance contract for providing assistance with HOME fiords may not exceed 24 months, but may be renewed, subject to the availability of HOME fiends. 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 terns 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 tile 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. Tine tenant lease must comply with the requirements in §92.253 (a) and (b). (f) Maxirmmn 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) Tile SUBRECIPIENT must establish a mininntun tenant contribution to rent. MIA HM21-02 Cq Tcimn( Bused 1Renlal Assistance JBI A) Page 31 O Packet Pg. 847 5.2 (3) The SUBRECIPIENT's rent standard for a unit size must be based o►►: Local market conditions or the Section 8 Housing Clioice Voucher Program (24 CPR part 982). (g) Housing quality standamis. 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 fiends provided for tenant -based rental assistance to provide grants to very low- and low-income families for security deposits for d rental of dwelling units wi►en combined with rent under this section. E (2) The relevant State or local definition of "security deposit" in the jurisdiction where c E the unit is located is applicable for the purposes of this part, except that the amount a of HOME funds that may be provided for a security deposit may not exceed the equivalent of two month's rent for the unit. m (3) Only the prospective tenant may apply for HOME security deposit assistance, Q _ v although the SUBRECIPIENT will pay the funds directly to the landlord. (i) Pi-ogiraini operations. A tenant -based rental assistance program must be operated consistent with the requirements of this section. Additionally, the COUNTY must approve each lease v prior to its execution. c 0) Use of Section 8 assistance. In any case where assistance under Section 8 of the 1937 Act N becomes available, recipients oftenant-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. m Project Requirements for SUBRRCIPIENTS - 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 ow►►er 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 tapins. The lease may not contain any of the following provisions: ].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.Treatinent 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 CCHA HN121-02 Page 32 'remni Based RentM Assistance (TBRA) 9 Packet Pg. 848 the tenant concerning disposition of personal property remaining ill the (rousing unit after the tenant has moved out of the unit. The owner may dispose of this persoEual property in accordance with State law. 3.Exeusing 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 file owner ►rtRy institute a lawsuit without notice to the tenant. N 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 ill which the tenant E has the opportunity to present a defense, or before a court decision on the rights of the parties. E Q G. Waiver of a jury trial. Agreement by the tenant to waive any right to a trial by jury. 1b 7.Waiver of right to appeal court decision. Agreement by the tenant to waive the tenark s a right to appeal, or to otherwise challenge in court, a court decision in connection with the m lease. r, 8.Tenant chargeable with cost of legal actions regardless of outcome. Agreement by the tenant to pay attorneys fees or other legal costs even if the tenant wins in a court '0 proceeding by the owner against the tenant. The tenant, however, may be obligated to N pay costs if the tenant loses. e N 9.Mandatory supportive services. Agreement by the tenant (other than a tenant in = transitional housing) to accept supportive services that are offered. N (c) Terminallou 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 clays before the termination of tenancy. (d) nitanl 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: I.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. CCHA HM21-02 Page 33 Tenant Based Rental Assistance (]'BRA) Packet Pg. 849 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 liousing; 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 agreemelrt with the COUNTY (and only if the limitation or preference is described in (lie 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 lionsing 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 under24 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 tire, 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 trust 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 all 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 tlieir application, insofar as is practicable. G. Give prompt written notification to any rejected applicant of the grounds for any rejection. 7. Comply with the VAWA requirements prescribes{ in § 92,359. Signature page to follow CCHA HM21-02 Page 34 'recant Bnscd 1W01 Assistance (TBRA) C Packet Pg. 850 IN WITNESS WHEREOF, the SUBRECIPIENI' acid the COUNTY, have each, respectively, by an attlhorized pet'sol' or agent, hereunder set their hands and seals on the date first written above. ATTEST: CRYSTAL K. KINZEL, CLERK .�. Ab t as si nature on f � Fy 1 Dated: �I (S L) BOARD OF COLLIER C IONERS OF cI L. McDaniel, Jr., Chairman Date: I �. III, COLLIER COUNTY HOUSING AUTHORITY By: V OSCAR WNTSeHEL, EXECUTIVE DIRECTOR Date: Z o a Z DZ Approved as to form and legality: Jentu r A. �Befpcdio r►j� Assistant County Attorney Date: �\\ ` 1a CCHA HM21-02 Page 35 'renmd Based Renhl Assistance (Tl3RA) Packet Pg. 851 PART VI EXHIBITS EXHIBIT A INSURANCE RE, QUME ME, The SUBRECIPIENT shall furnish to Collier County, c/o Community and Hunan Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificates) of Insurance evidencing insurance coverage that meets the requirements as outlined below: N it 1. Workers' Compensation as required by Chapter 440, Florlrla Statutes. E 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 all additional insured with respect to this coverage. a a 3. Automobile Liability Insurance covering all owned, note -owned and hired vehicles used in m connection with this contract ill all f1momit not less than $1,000,000 combined single limit a for combined Bodily Injury and Property Damage. Collier County shall be named as an m additional insured. �? DESIGN STAG t; (IF APPLICABLE) co In addition to the insurance required in I — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrenncel$1,000,000 aggregate providing for all suuns 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 ate additional insured. CONSTRUC rioN PHASE (IF APPLICABLE) Inn addition to the insurance required in I — 4 above, the SUBRECIPIENT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: S. Completed Vallee Builder's Risk Insurance oil an "All Risk" basis in an amount not less than 100 percent of the insurable value of the building(s) or structure(s), Tile policy shall be in tine name of Collier County and tine SUBRECIPIENT. G. 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 ill all area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). CCHA HM21.02 Pnge 36 Tenant Based Rcntal Assistance (TBRA) Packet Pg. 852 OPERATIONNANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is c0l"Pleted and occupancy begins, the folio'vviug insurance mast be kept in force throrlghotlt file duration of (lie loan and/or contract: Workers' Compensation as required by Chapter 440, Florida Statutes. 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 trust be shown as an additional insured with respect to this coverage. Automobile Liability Insurance covering all owned, non -owned and ]tired vehicles used in connection with this contract in all 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 all 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. 1 1. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of (Ile structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. CCHA t1M21-02 page 37 Tenanl Based Renlal Assistance (TBRA) b Packet Pg. 853 16.D.5.b EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: _Collier County Housing Authoi-ity SUBRECIPIENI' Ackiress: 1800 Farm Worker Way, Immokalee, ItL 34142 Project Name: TBRA Project No; HM21-02 Payment Request 1t Total Payment Minus Retainage Period of Availability: through Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request (Net of Retainage, if $ $ applicable) 4. Current Grant Balance (Initial Grant Amount Award $ $ request) (includes Retainage) CHS Approved I certify that this request for payment has been made in accordance witty the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor (Approval required $15,000 and above) Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) CCHA HM21-02 Page 38 7'em at Bnsed Rental Assistance CV13RA) Packet Pg. 854 Exhibit B-1 Match Form Collier Comity Request for Match SECTION I: REQUEST FOR PAYMENT Subreci ient Name: Collier Cotinty Housing Authorit Subreci 3ient Address: 1800 Farm Worker Way, Iluniokalee, FL PrejectName: TBRA Project No: HM21-02 Match Request Match Amount Request Today: $0.00 SECTION 1: STATUS OF FUNDS 1. Total Match Amount per Agreement $0,00 2. Total Amount of Previous Match Submitted $0.00 (Insert Amount) 3. Total Match Amount Awarded Per Agreement $0.00 Less Total Amount of Previous Match Submitted 4. Anioulit of Today's Request (Insert Amount) $0.00 S. Match Balance (Match per Agreement less the $0.00 Sum of All Match Submitted) I certify that this reclitest forpayitieiitlrtrcttch has been made in accordance ivith the terms and conditions of the Agreement behveen the COUNTYcrnd its as the SUBRECIPIENTIDEVELOPER. To the best of nij, knolvledge and belief, all grant requirements have been folloived. Signature Title Date Authorizing Giant Coordinator Authorizuig Grant Accountant Supervisor Department Director CCHA W21-02 Tenant Based Rentnl Assistance (TBRA) Page 39 Packet Pg. 855 16.D.5.b EXHIBIT C QUARTERLY PPERFORMANCE REPORT Subrecipients: Please complete tine questions that Pertaill to your• project n'lly. Subrecipient Name: Collier County Housing Date: Authority Project Title: TBItA Program Contact: Angela Edison Alternate Contact: Telephone Number: Telephone Number: Project #, IDIS #: Activity Reporting Period Report Due Date October 151— December 315' January 10`I' January 15' — March 3151 April 10°i April 151— June 30111 July 1011i July I,1-- September 301" October 10`I' REPORT FOR QUARTER ENDING: (check one that applies to (lie corresponding grant period): 12/3I/XX 3/31/XX 6130/XX 9130/XX Please note: The HUD Program year begins October 1, 20XX — September 30, 20XX. Each quarterly report must include cumulative data beginning from the start of the program year October 1, 20XX. La.1. Please list the outcolne goal(s) from your approved application and subrecipient Agreement. Outcome Goals: list the outcome goal(s) from your approved application and subrecipient Agreement Outcome 1: Serve approximately 35 households with rent payments or electric utility, andlor security deposits for a period up to 24 months Outcome 2: 75 percent of eligible applicants receive eligible housing within three (3) months of approval, based on availability of funds and housing Outcome 3: Collduct outreach to a minimum of four (4) landlords per program year as evidence by quarterly performance reports b. Goal Progress: Indicate the progress to date in meeting each outcome goal l. Outcome 1: Outcome 2: Outcome 3: Securit aaa'MLast Tenan TBRA Total % of Hispan Race Tamil Type Paid to Newly # # of Name, Bed- y Dep t Rent Snbsid Rent Media is y of Owner Assist Mouths First rooms y n YIN Size House I ed of Ilicom -hold Tenant YIN assistanc Initial CCHA HM21-02 Page 40 Tenant Based Renlal Assistance ('rnRA) Packet Pg. 856 16.D.5.b Native: Signature: Title: Your ed name here re presents your elech-011ie si nature r LO LO N N O N x Q m H Q x U U W H D U w x w c m E t r, R Q CCHA HM21-02 'renanl Based Rental Assislencc (TBRA) 1'agc 1 Packet Pg. 857 EXHIBIT D INCOME CERTIFICATION INSTRUCTIONS Retain completed form, including appropriate supporting documentation, to be validated by CIIS at the interim an([ close out monitoring. Effective Date: A. Household Inforntation Member Names —All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Member 1 Asset Description Cash Vatltte Lteome front Assets 2 3 4 5 6 7 8 Total Cash Value of Assets B(a) Total Income from Assets B(b) If line B(a) is greater than $5,000, multiply that amount by the rate specified by HUD (applicable rate .06%) and enter results in B(c), otherwise leave blank. B c CCHA HM21-02 Tenant Bused Rental Assistance (TORA) Pegc 42 Packet Pg. 858 1 ti.D.5.b C. Anticipated Annual Income: Includes Unearned Iltcome and Support Paid on Behalf of Minors Member, Wages / Benefits / Public Other Asset Salaries Pensions Assistance Income IIteotne (include tills, commissions, (Enter the bonuses, and greater of overtime) box B(b) or box B(c), above, in box C(e) below 1 2 3 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. T/tve have provided, for each person set forth in Item A. acceptable verification of current and anticipated annual income. IMve certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of perjury. WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under S. 775.082 and 775.083. Signature of Head of Household Date Signature of Spouse or Co -Head of Household Date Adult Household Member (if applicable) Adult Household Member (if applicable) Date Date MIA HM21-02 Tenant Based Rental Assistance (TnRA) Page 43 O Packet Pg. 859 E. HOME COUNTY Statement: Based on the representations herein, the family or individual(s) gamed 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 (LLI) Houschold 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. d (Maximum Income Limit $ _ ). _❑_ Gil Percent Threshold Household nneans and individual or family whose annual income c d a does not exceed 60 percent of the area median income as determined by the U.S. a 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 a v 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 $ �. N Based upon the (year) income limits for the Naples -Marco Island Metropolitan Statistical c Area (MSA) of Collier County, Florida. Signature of the HOME TBRA Administrator or His/Her Designated Representative: Signature Printed Name/Title V. Household Data Date Number of Persons By Race / EtInd ty By Age Native American Asian Black Hawaiian or White�. Othe 0 — 26 — 41 — 62+ Indian Other Pac. 25 40 61 Islander Hispanic Non - Hispanic NOTE: Information concerning the rate or eflu►icity of the occupants is heiug gathered for statistical use only. No omq)aut 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 occt pant. Emommim CCHA tIM21.02 Tenant Based Rental Assistmice (TRRA) Page 44 01 Packet Pg. 860 EXIIIBIT E ANNUAL AUDIT MONITORING REPORT Circular 2 CPR Part 200,332 requires Collier County to monitor subrecipients of federal awards to determine if subrecipient are compliant Willi established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriab documentation is provided regarding the orgauization's compliance. Iu 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 it accordance Willi the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used tc monitor Florida Single Audit Act (Statute 215.97) requirements. Subr•ecipient Natne Collier County Housing Authority First Date of Fiscal Year (MM/DWM Last Date of Fiscal Year DIY October 1, 2021 September 30, 2022 Total Federal Fi.ttancial Assistance Expended during Total State Financial Assistance Expended during most most recently completed Fiscal Year recently completed Fiscal Year Cllecic A. or B. Cllecic C if applicable A. The federaUstate expenditure threshold for our fiscal year ending as indicated above has been met and i ❑ Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed b3 . Copies of the audit report and management letter are attached or will be provided within 3( 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 separatt from the written response provided within the audit report. While we understand that the audit report contain: a written response to the fiuding(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 o: 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 CCHA JIM21-02 Tenant Based Rental Assistance (TBRA) 118ge'15 U i? co LO N N 0 N x Q m Q x U tJ 0 w w X w c N E s r a Packet Pg. 861 16.D.5.c FAIN# M 16-UC-12-0217 M-18-UC-12-0217 M-21-UC-12-0217 Federal Award Date October 2016, October 2018 and October 2021 Federal Award Agency HUD CFDA Name Home Investment Partnership HOME CFDA/CSFA# 14.239 Total Amount of Federal Funds Awarded $431,537.78 Subrecipient Name Collier County Housing Authority UEI# WHDZXBD56QL 1 FEIN# 59-1490555 R&D No Indirect Cost Rate No Period of Performance January 1, 2022 — September 30, 2023 Fiscal Year End 9/30 Monitor End Date 12/23 SECOND AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HOUSING AUTHORITY Tenant Based Rental Assistance (TBRA) THIS SECOND AMENDMENT is made and entered into this 27th day of June 2023 by and between COLLIER COUNTY, a political subdivision of the State of Florida, ("COUNTY") having its principal address as 3339 E. Tamiami Trail, Suite 213, Naples, FL 34112, and COLLIER COUNTY HOUSING AUTHORITY, a quasi -governmental agency established by Florida Statutes Chapter 421 existing under the laws of the State of Florida, ("SUBRECIPIENT") 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 Plans for Federal Fiscal Years 2019-2020 and [23-SOC-01029/1791086/1] 1 Collier County Housing Authority HM21-02 Tenant Based Rental Assistance Amendment #2 Ln N Packet Pg. 862 16.D.5.c 2021-2022 for the HOME Program on June 25, 2019 and June 22, 2021, Agenda Items, 16.D.2 and 16.D.7, respectively, and the Substantial Amendment dated December 14, 2021, Agenda Item 16.D.8.; and WHEREAS, HUD has approved the County's Consolidated Plan One -Year Action Plan for Federal Fiscal Year 2019-2020 and 2020-2021 for the HOME Program and the use of the HOME funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in this Agreement, in accordance with the approved One -Year Action Plan; and WHEREAS, the COUNTY has engaged the SUBRECIPIENT to implement such undertakings of the HOME Program as a valid and worthwhile County purpose. WHEREAS, on January 11, 2022, Agenda Item 16.D.6., the COUNTY entered into an Agreement using HOME Investment Partnerships (HOME) Program funds for the Tenant Based Rental Assistance Program to provide very -low and low income households with rent, electric utility deposits and/or security deposits for a period up to 24 months. WHEREAS, on September 27, 2022, Agenda Number 16.D.4., the Board of County Commissioners approved Amendment #1 to increase funding, update the UEI number, component Ln and supporting documentation language, and revise the period of performance. WHEREAS, the Parties desire to amend the Agreement to update Exhibit C Quarterly Performance Report. NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to amend the Agreement as follows: Words Stirue-leag are deleted; Words Underlined are added. [23-SOC-01029/1791086/1] Collier County Housing Authority Tenant Based Rental Assistance HM21-02 Amendment #2 Packet Pg. 863 16.D.5.c EXHIBIT C QUARTERLY PPERFORMANCE REPORT Subrecipients: Please complete the questions that pertain to your project only. Subrecipient Name: Collier County Housing Authority Project Title: TBRA Program Contact: Angela Edison Telephone Number: Project #: Activity Reporting Period October 1st — December 31' January 1st — March 31 st April 1st —June 30' July Is'— September 30`h Date: Alternate Contact: Telephone Number: IDIS #: Report Due Date January IOth April 1 Oh July loth October IOth 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 Please note: The HUD Program year begins October 1, 20XX — September 30, 20XX. Each quarterly report must include cumulative data beginning from the start of the program year October 1, 20XX. 1. Please list the outcome goal(s) from your approved application and subrecipient Agreement. a. Outcome Goals: list the outcome goal(s) from your approved application and subrecipient Agreement Outcome 1: Serve approximately 3-5 15 households with rent payments or electric utility, and/or security deposits for a period up to 24 months Outcome 2: 75 percent of eligible applicants receive eligible housing within three (3) months of approval, based on availability of funds and housing Outcome 3: Conduct outreach to a minimum of four (4) landlords per program year as evidence by quarterly performance reports u. Goal Progress: Indicate the progress to date in meeting each outcome goal. Outcome 1: Outcome 2: Outcome 3: Monthly Rent Household Tenant Contract Last Name, First Initial # of Bed- rooms Securit y Dep Tenan TBRA Total t Rent Subsid Rent y % of Media n Incom Hispan is Y/N Race Famil y Size Type of House -hold Paid to Owner / Tenant Newly Assist ed Y/N # Months of assistanc $ $ [23-SOC-01029/1791086/1] Collier County Housing Authority Tenant Based Rental Assistance HM21-02 Amendment #2 Ln N Packet Pg. 864 16.D.5.c $ $ $ Name: m Signature: i U U Title: LO t0 Your typed name here represents your electronic signature N [23-SOC-01029/1791086/1] 4 Collier County Housing Authority HM21-02 Tenant Based Rental Assistance Amendment #2 Packet Pg. 865 16.D.5.c IN WITNESS WHEREOF, the SUBRECIPIENT and the COUNTY, have each respectively, by 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: Dated: RICK LOCASTRO., CHAIRMAN (SEAL) Date: ITNESSES ,: biJ W' ess #1 Si n e / /U14G1S Gig U " Witness # I Printed Name Witness 2 Si nature Witness #2 Printed Name Approved as to form and legality: O Derek D. Perry �1-101 Assistant County Attorney h� Date: [23-SOC 01029/1791086/11 Collier County I lousing Authority Tenant Based Rental Assistance 5 AS TO SUBRECIPIENT: COLLIER COUNTY HOUSING AUTHORITY Date:rl g Z [PIease provide evidence of signing authority] IIM21-02 Amendment #2 C' ,p Packet Pg. 866