Backup Documents 07/11/2023 Item #16D 3 5ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Lisa N. Carr Community and Human LNC
Services 1 a J 2.3t146
2. County Attorney Office County Attorney Office po p 7),8 I
2,3
3. BCC Office Board of County 1 1
Commissioners P L L n 7/td#3
4. Minutes and Records Clerk of Court's Office //2b z3 `6:t
(� tl l
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Lisa N. Carr,Grants Coordinator II, Phone Number 239-252-2339
Contact/Department Community and Human Services Division
Agenda Date Item was July , 2023 Agenda Item Number 16.D.3
Approved by the BCC
Type of Document Recommendation to(1)approve the Collier Number of Original 20
Attached County PY 2023 One-Year Action Plan for Documents Attached
U.S. Department of Housing&Urban
Development Community Development Block
Grant,HOME and Emergency Solutions
Grants Programs,including the
reprogramming of prior year funds and
estimated program income
PO number or account
number if document is n/a
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? YES
2. Does the document need to be sent to another agency for additional signatures? If yes, LNC
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be LNC
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's LNC
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the LNC
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's LNC
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip LNC
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 07/11/2023 and all changes made during op /✓
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the 1111
Chairman's signature.
Instructions
1) Return signed copies to:
Lisa N. Car
Grants Coordinator II
Collier County Government I Community and Human Services
3339 E. Tamiami Trail, Bldg. H, Suite 211
Naples, FL 34112
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
6 03
RESOLUTION NO. 2023 -1 31 A
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
APPROVING: A ONE-YEAR ACTION PLAN FOR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG),
HOME INVESTMENT PARTNERSHIPS (HOME), AND
EMERGENCY SOLUTIONS GRANT (ESG) PROGRAMS
PY23, AND THE REVISED CITIZEN PARTICIPATION
PLAN; APPROVING AND AUTHORIZING THE
CHAIRMAN TO EXECUTE ANY REQUIRED HUD
CERTIFICATIONS, SF 424 DOCUMENTS, AND FUNDING
APPROVAL AGREEMENTS RELATED TO THE
AFOREMENTIONED PROGRAMS AND PLAN;
AUTHORIZING TRANSMITTAL OF THE PLANS TO THE
UNITED STATES DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD); AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the United States Department of Housing and Urban Development (HUD)
requires a Five-Year Consolidated Plan and One-Year Action Plan be developed and submitted
as an application for planning and funding of Community Development Block Grant (CDBG),
HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) Programs; and
WHEREAS, the overall goal of the community planning and development programs
covered by this plan is to develop viable communities by providing decent, affordable housing, a
suitable living environment and expanding economic opportunities for low and moderate-income
persons; and
WHEREAS, the Five-Year Consolidated Plan for FY 2021-2025 and an updated Citizen
Participation Plan were adopted by the Board of County Commissioners on June 22, 2021; and
WHEREAS, the PY23 One-Year Action Plan will serve as a planning document for
Collier County; an application for federal funds under the HUD formula grant programs; a
strategy to be followed in carrying out the HUD programs; and an action plan that provides a
basis for assessing performances.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
1. The Board of County Commissioners of Collier County approves the PY23 One-
Year Action Plan for the CDBG, HOME, and ESG Programs and revised Citizen Participation
[23-SOC-01049/1799140/1] Page 1 of 2 CA(
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Plan, which are attached and incorporated herein by reference, and authorizes the Community
and Human Services Division to transmit the Plans to the proper funding authority and take all
necessary actions for implementation of the CDBG, HOME, and ESG programs.
2. The Chairman of the Board of County Commissioners is authorized to execute
certifications and SF 424 documents and Funding Approval Agreements pertaining to the Action
Plan on behalf of the County.
3. The One-Year Action Plan sets forth the dollar amounts and project descriptions
for each project to be funded by the CDBG, HOME, and ESG Programs. A description of the
proposed activities within each project and associated recommended funding is included in the
Executive Summary of Agenda Item No.16).0.3, incorporated herein by reference. Accordingly,
the Subrecipient Agreements for all CDBG, HOME and ESG projects will be subsequently
entered into on behalf of Collier County and each such Agreement is hereby acknowledged as
providing for a valid public and worthwhile County purpose.
4. SEVERABILITY. If any section, sentence, clause or phrase of this Resolution is
held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding
shall in no way affect the validity of the remaining portions of this Resolution.
5. EFFECTIVE DATE. This Resolution shall become effective upon adoption by a
majority vote of the Board of County Commissioners.
This Resolution adopted this /I fH day of SV Ly , 2023, after motion, second and
majority vote favoring same. `l
ATTEST:
CRYSTAL K.'KI..ZEL, CLERK BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
r �•
Byr
iut Clerk '
Attest as to ChairinalVs By: Rick LoCastro, Chairman
` signature only...
Appr ved As tirftirm and legality:
Derek D. Perry
Assistant County Attorney 14)\
[23-SOC-0 1 049/1 799 140/1] Page 2 of 2
CERTIFICATIONS
In accordance with the applicable statutes and the regulations governing the consolidated plan regulations,
the jurisdiction certifies that:
Affirmatively Further Fair Housing--The jurisdiction will affirmatively further fair housing.
Uniform Relocation Act and Anti-displacement and Relocation Plan -- It will comply with the
acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, (42 U.S.C. 4601-4655) and implementing regulations at
49 CFR Part 24. It has in effect and is following a residential anti-displacement and relocation assistance
plan required under 24 CFR Part 42 in connection with any activity assisted with funding under the
Community Development Block Grant or HOME programs.
Anti-Lobbying--To the best of the jurisdiction's knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an
officer or employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the 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;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Forrn-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions; and
3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in
the award documents for all subawards at all tiers (including subcontracts,subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
Authority of Jurisdiction--The consolidated plan is authorized under State and local law(as applicable)
and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking
funding,in accordance with applicable HUD regulations.
Consistency with plan--The housing activities to be undertaken with Community Development Block
Grant,HOME, Emergency Solutions Grant, and Housing Opportunities for Persons With AIDS funds are
consistent with the strategic plan in the jurisdiction's consolidated plan.
Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968 (12
U.S.C. 1701u) and implementing regulations at 24 CFR Part 75.
Signature of Authorized Official:
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY,FLORIDA
By: 9 By
D. � lan S Rick LoCast�Chairman
Approved as to Fouts and Leal'
' Date: -7 /((/2 3
dperek D.Perry ' • n)`
Assistant County Attorney V C
car
1 6 03
Specific Community Development Block Grant Certifications
The Entitlement Community certifies that:
Citizen Participation-- It is in full compliance and following a detailed citizen participation plan that
satisfies the requirements of 24 CFR 91.105.
Community Development Plan --Its consolidated plan identifies community development and housing
needs and specifies both short-term and long-term community development objectives that that have been
developed in accordance with the primary objective of the CDBG program (i.e., the development of viable
urban communities,by providing decent housing and expanding economic opportunities,primarily for
persons of low and moderate income) and requirements of 24 CFR Parts 91 and 570.
Following a Plan --It is following a current consolidated plan that has been approved by HUD.
Use of Funds --It has complied with the following criteria:
1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG
funds, it has developed its Action Plan so as to give maximum feasible priority to activities
which benefit low-and moderate-income families or aid in the prevention or elimination of
slums or blight. The Action Plan may also include CDBG-assisted activities which the grantee
certifies are designed to meet other community development needs having particular urgency
because existing conditions pose a serious and immediate threat to the health or welfare of the
community,and other financial resources are not available(see Optional CDBG Certification).
2. Overall Benefit. The aggregate use of CDBG funds, including Section 108 guaranteed loans,
during program year(s) _ _[a period specified by the grantee of one,
two, or three specific consecutive program years], shall principally benefit persons of low and
moderate income in a manner that ensures that at least 70 percent of the amount is expended for
activities that benefit such persons during the designated period.
3. Special Assessments. It will not attempt to recover any capital costs of public improvements
assisted with CDBG funds, including Section 108 loan guaranteed funds,by assessing any
amount against properties owned and occupied by persons of low and moderate income,
including any fee charged or assessment made as a condition of obtaining access to such
public improvements.
However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the
capital costs of public improvements (assisted in part with CDBG funds) financed from other
revenue sources,an assessment or charge may be made against the property with respect to the
public improvements financed by a source other than CDBG funds.
In addition, in the case of properties owned and occupied by moderate-income(not low-income)
families, an assessment or charge may be made against the property for public improvements
financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds
to cover the assessment.
Excessive Force--It has adopted and is enforcing:
1.A policy prohibiting the use of excessive force by law enforcement agencies within its
jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and
2.A policy of enforcing applicable State and local laws against physically barring entrance to or
exit from a facility or location which is the subject of such non-violent civil rights
demonstrations within its jurisdiction.
1 6 D3
Compliance with Anti-discrimination laws--The grant will be conducted and administered in
conformity with title VI of the Civil Rights Act of 1964(42 U.S.C. 2000d)and the Fair Housing Act(42
U.S.C. 3601-3619) and implementing regulations.
Lead-Based Paint--Its activities concerning lead-based paint will comply with the requirements of 24
CFR Part 35, Subparts A, B.J,K and R.
Compliance with Laws-- It will comply with applicable laws.
Signature of Authorized Official:
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY,FLORIDA
By:
D Y,f4t05 Chairman's Rick LoCastro,Chairman
Appro e I as to Emil and .
% signature e nl Z
Date: 7 /if/ 3
De k D:'Perry ,c 1 N�
Assistant County Attorney N.)(1‘)-
1 6 D 3
Specific HOME Certifications
The HOME participating jurisdiction certifies that:
Tenant Based Rental ;Assistance--If it plans to provide tenant-based rental assistance,the tenant-based
rental assistance is an essential element of its consolidated plan.
Eligible Activities and Costs--It is using and will use HOME funds for eligible activities and costs,as
described in 24 CFR§§92.205 through 92.209 and that it is not using and will not use HOME funds for
prohibited activities,as described in §92.214.
Subsidy layering--Before committing any funds to a project, it will evaluate the project in accordance
with the guidelines that it adopts for this purpose and will not invest any more HOME funds in
combination with other Federal assistance than is necessary to provide affordable housing;
Signature of Authorized Official:
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY,FLORIDA
BY 0C By: G
'"` w. '14 '
penalty Clerk Rick LoCastro, Chairman
AttesApprd P -and Legality: Date: 7 (///2 3
Derek D. Perry ,v3
Assistant County Attorney U`
)-\1:j
0
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Emergency Solutions Grants Certifications
The Emergency Solutions Grants Program recipient certifies that:
Major rehabilitation/conversion/renovation—If an emergency shelter's rehabilitation costs exceed
75 percent of the value of the building before rehabilitation, the recipient will maintain the building as a
shelter for homeless individuals and families for a minimum of 10 years after the date the building is first
occupied by a homeless individual or family after the completed rehabilitation.
If the cost to convert a building into an emergency shelter exceeds 75 percent of the value of the building
after conversion, the recipient will maintain the building as a shelter for homeless individuals and
families for a minimum of 10 years after the date the building is first occupied by a homeless individual
or family after the completed conversion.
In all other cases where ESG funds are used for renovation, the recipient will maintain the building as a
shelter for homeless individuals and families for a minimum of 3 years after the date the building is first
occupied by a homeless individual or family after the completed renovation.
Essential Services and Operating Costs—In the case of assistance involving shelter operations or
essential services related to street outreach or emergency shelter,the recipient will provide services or
shelter to homeless individuals and families for the period during which the ESG assistance is provided,
without regard to a particular site or structure, so long the recipient serves the same type of persons(e.g.,
families with children,unaccompanied youth, disabled individuals, or victims of domestic violence)or
persons in the same geographic area.
Renovation—Any renovation carried out with ESG assistance shall be sufficient to ensure that the
building involved is safe and sanitary.
Supportive Services—The recipient will assist homeless individuals in obtaining permanent housing,
appropriate supportive services (including medical and mental health treatment,victim services,
counseling, supervision,and other services essential for achieving independent living),and other Federal
State, local, and private assistance available for these individuals.
Matching Funds—The recipient will obtain matching amounts required under 24 CFR 576.201.
Confidentiality—The recipient has established and is implementing procedures to ensure the
confidentiality of records pertaining to any individual provided family violence prevention or treatment
services under any project assisted under the ESG program, including protection against the release of the
address or location of any family violence shelter project, except with the written authorization of the
person responsible for the operation of that shelter.
Homeless Persons Involvement—To the maximum extent practicable,the recipient will involve,
through employment, volunteer services,or otherwise,homeless individuals and families in constructing,
renovating,maintaining, and operating facilities assisted under the ESG program, in providing services
assisted under the ESG program,and in providing services for occupants of facilities assisted under the
program. _
Consolidated Plan—All activities the recipient undertakes with assistance under ESG are consistent
with its consolidated plan.
wk�
16 U5
Discharge Policy—The recipient will establish and implement,to the maximum extent practicable and
where appropriate,policies and protocols for the discharge of persons from publicly funded institutions
or systems of care(such as health care facilities,mental health facilities,foster care or other youth
facilities,or correction programs and institutions) in order to prevent this discharge from immediately
resulting in homelessness for these persons.
Signature of Authorized Official:
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY,FLORIDA
By: -
Attest as to NittitafAerk Rick LoCastro, Chairman
..Siinat re only.„
Apptovedas to Form and Legality: Date: 7 (((/2-3
Derek D;'Perry `�
Assistant County Attorney V
030
APPENDIX TO CERTIFICATIONS
1 6 03
INSTRUCTIONS CONCERNING LOBBYING CERTIFICATION:
Lobbying Certification
This certification is a maperial representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352,title 31,U.S. Code.Any person who fails to file the required
certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for
each such failure.
16D3
OMB Number:4040-0004
View Burden Statement Expiration Date:11/30/2025
Application for Federal Assistance SF-424
1.Type of Submission: '2.Type of Application: `If Revision,select appropriate letter(s):
Q Preapplication ®New
0 Application Q Continuation *Other(Specify):
Q Changed/Corrected Application 0 Revision
3.Date Received: 4.Applicant Identifier:
E23-UC-120016
5a.Federal Entity Identifier: 5b.Federal Award Identifier:
U.S. Department of HUD ESG- Entitlement
State Use Only:
6.Date Received by State: 7.State Application Identifier:
8.APPLICANT INFORMATION:
'a.Legal Name: Collier County Board of County Commissioners
•b.Employer/Taxpayer Identification Number(EIN/TIN): *c.UEI:
59-60000558 JWKJKYRPLLU6
d.Address:
Streetl: 3339 Tamiami Trail East
Street2: Community and Human Services Suite 211
City: Naples
County/Parish: Collier
*State: E'L: Florida
Province:
`Country: USA: UNITED STATES
*Zip/Postal Code: 34112-5361
e.Organizational Unit:
Department Name: Division Name:
Public Services Community and Human Services
f.Name and contact information of person to be contacted on matters involving this application:
Prefix: Mrs. *First Name: Kristi
Middle Name:
•Last Name: Sonntag
Suffix:
Title: Director, Community and human Services
Organizational L Affiliation:
Telephone Number: 9-252-2986 Fax Number: 239-252-2638
*Email: kristi.sonntag@col 1iercountyfi.gov
0
C7'
603
Application for Federal Assistance SF-424
*9.Type of Applicant 1:Select Applicant Type:
B: County Government
Type of Applicant 2:Select Applicant Type:
Type of Applicant 3:Select Applicant Type:
*Other(specify):
*10.Name of Federal Agency:
U.S. Department of Housing and Urban Development
11.Catalog of Federal Domestic Assistance Number:
14.231
CFDA Title:
Entitlement Grant-Emergency Solutions Grants
*12.Funding Opportunity Number:
14.231
*Title:
13.Competition Identification Number:
Title:
14.Areas Affected by Project(Cities,Counties,States,etc.):
Add Attachment Delete Att,s"im.ui View Attachment
*15.Descriptive Title of Applicant's Project:
Emergency Solutions Grants and Administrative Activities-County-wide
Attach suppoling documents as specified in agency instructions.
View Attachments
`JQ 0
16D3
Application for Federal Assistance SF-424
16.Congressional Districts Of:
*a.Applicant 14,25 *b.Program/Project 14,25
Attach an additional list of Program/Project Congressional Districts if needed.
Add Attachment peleteAttac ment View' ttscktlnitint
17.Proposed Project:
*a.Start Date: 10/01/2023 *b.End Date: 09/30/2029
18.Estimated Funding($):
*a.Federal 211,539.00
•b.Applicant
*c.State
d.Local
*e.Other
*f. Program Income
*g.TOTAL 211,534.00
*19.Is Application Subject to Review By State Under Executive Order 12372 Process?
O a.This application was made available to the State under the Executive Order 12372 Process for review on •
O b.Program is subject to E.O. 12372 but has not been selected by the State for review.
0 c.Program is not covered by E.O.12372.
*20.Is the Applicant Delinquent On Any Federal Debt? (If"Yes,"provide explanation in attachment.)
0Yes ®No
If"Yes",provide explanation and attach
Add Attachment Detect Attachment View Attat:Fttnent•
21.*By signing this application,I certify(1)to the statements contained in the list of certifications**and(2)that the statements
herein are true,complete and accurate to the best of my knowledge.I also provide the required assurances**and agree to
comply with any resulting terms If I accept an award.I am aware that any false,fictitious,or fraudulent statements or claims may
subject me to criminal,civil,or administrative penalties.(U.S.Code,Title 18,Section 1001)
�]✓ **I AGREE
**The list of certifications and assurances,or an internet site where you may obtain this list,is contained in the announcement or agency
specific instructions.
Authorized Representative:
Prefix: Mr. *First Name: Rick
Middle Name:
"Last Name: LoCastro
Suffix:
*Title: Chairman
"Telephone Number: 239-252-8601 Fax Number:
*Email: rick.locastro@colliercountyfl.gov
*Signature of Authorized Representative: PLEASE SEE NEXT PAGE FOR SIGNATURE IS) *Date Signed: I
CAC/
1603
Application for Federal Assistance SF-424
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
C•
Y• i0
By:
Attest as,to CFF 'f
Jerk Rick LoCastro, Chairman
signattj �Y
...re
Date:
Approved as to Form and Legality:
Derek D. Perry \V-)
Assistant County Attorney v3l
CAO
6 D3
View Burden Statement ASSURANCES - CONSTRUCTION PROGRAMS OMB Number:4040-0009
Expiration Date:02/28/2025
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing
instructions,searching existing data sources,gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for
reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0042),Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT
AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional
assurances. If such is the case,you will be notified.
As the duly authorized representative of the applicant:, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance, 8. Will comply with the Intergovernmental Personnel Act
and the institutional, managerial and financial capability of 1970(42 U.S.C. §§4728-4763)relating to prescribed
(including funds sufficient to pay the non-Federal share standards of merit systems for programs funded
of project costs)to ensure proper planning, under one of the 19 statutes or regulations specified in
management and completion of project described in Appendix A of OPM's Standards for a Merit System of
this application. Personnel Administration(5 C.F.R.900,Subpart F).
2. Will give the awarding agency,the Comptroller General 9. Will comply with the Lead-Based Paint Poisoning
of the United States and, if appropriate,the State, Prevention Act(42 U.S.C. §§4801 et seq.)which
the right to examine all records, books, papers, or prohibits the use of lead-based paint in construction or
documents related to the assistance; and will establish rehabilitation of residence structures.
a proper accounting system in accordance with
generally accepted accounting standards or agency 10. Will comply with all Federal statutes relating to
directives. non-discrimination.These include but are not limited to: (a)
Title VI of the Civil Rights Act of 1964(P.L.88-352)
3. Will not dispose of, modify the use of,or change the which prohibits discrimination on the basis of race,
terms of the real property title or other interest in the color or national origin; (b)Title IX of the Education
site and facilities without permission and instructions Amendments of 1972, as amended(20 U.S.C.§§1681
from the awarding agency.Will record the Federal 1683, and 1685-1686),which prohibits discrimination
awarding agency directives and will include a covenant on the basis of sex; (c)Section 504 of the
in the title of real property acquired in whole or in part Rehabilitation Act of 1973,as amended (29)U.S.C.
with Federal assistance funds to assure §794),which prohibits discrimination on the basis of
non-discrimination during the useful life of the project. handicaps; (d)the Age Discrimination Act of 1975,as
amended (42 U.S.C. §§6101-6107),which prohibits
4. Will comply with the requirements of the assistance discrimination on the basis of age; (e)the Drug Abuse
awarding agency with regard to the drafting. review and Office and Treatment Act of 1972(P.L. 92-255), as
approval of construction plans and specifications. amended relating to nondiscrimination on the basis of
drug abuse; (f)the Comprehensive Alcohol Abuse and
5. Will provide and maintain competent and adequate Alcoholism Prevention,Treatment and Rehabilitation
engineering supervision at the construction site to Act of 1970 (P.L. 91-616), as amended, relating to
ensure that the complete work conforms with the nondiscrimination on the basis of alcohol abuse or
approved plans and specifications and will furnish alcoholism; (g)§§523 and 527 of the Public Health
progressive reports and such other information as may be Service Act of 1912(42 U.S.C.§§290 dd-3 and 290 ee
required by the assistance awarding agency or State. 3), as amended, relating to confidentiality of alcohol
and drug abuse patient records; (h)Title VIII of the
6. Will initiate and complete the work within the applicable Civil Rights Act of 1968(42 U.S.C.§§3601 et seq.), as
time frame after receipt of approval of the awarding agency. amended, relating to nondiscrimination in the sale,
rental or financing of housing; (i)any other
7. Will establish safeguards to prohibit employees from nondiscrimination provisions in the specific statue(s)
using their positions for a purpose that constitutes or under which application for Federal assistance is being
presents the appearance of personal or organizational made; and (j)the requirements of any other
conflict of interest,or personal gain. nondiscrimination statue(s)which may apply to the
application.
Previous Edition Usable Authorized for Local Reproduction Standard Form 424D(Rev.7-97)
Prescribed by OMB Circular A-102
1603
11. Will comply, or has already complied,with the Federal actions to State (Clean Air)implementation
requirements of Titles II and III of the Uniform Relocation Plans under Section 176(c)of the Clean Air Act of
Assistance and Real Property Acquisition Policies Act of 1955, as amended(42 U.S.C.§§7401 et seq.); (g)
1970 (P.L.91-646)which provide for fair and equitable protection of underground sources of drinking water
treatment of persons displaced or whose property is under the Safe Drinking Water Act of 1974,as
acquired as a result of Federal and federally-assisted amended(P.L. 93-523); and, (h)protection of
programs.These requirements apply to all interests in real endangered species under the Endangered Species
property acquired for project purposes regardless of Act of 1973,as amended (P.L.93-205).
Federal participation in purchases.
16. Will comply with the Wild and Scenic Rivers Act of
12. Will comply with the provisions of the Hatch Act(5 U.S.C. 1968(16 U.S.C. §§1271 et seq.)related to protecting
§§1501-1508 and 7324-7328)which limit the political components or potential components of the national
activities of employees whose principal employment wild and scenic rivers system.
activities are funded in whole or in part with Federal funds.
17. Will assist the awarding agency in assuring compliance
13. Will comply, as applicable,with the provisions of the Davis- with Section 106 of the National Historic Preservation
Bacon Act(40 U.S.C. §§276a to 276a-7), the Copeland Act Act of 1966, as amended (16 U.S.C.§470), EO 11593
(40 U.S.C. §276c and 18 U.S.C.§874), and the Contract (identification and protection of historic properties), and
Work Hours and Safety Standards Act(40 U.S.C. §§327- the Archaeological and Historic Preservation Act of
333)regarding labor standards for federally-assisted 1974 (16 U.S.C.§§469a-1 et seq).
construction subagreements.
18. Will cause to be performed the required financial and
14. Will comply with flood insurance purchase requirements of compliance audits in accordance with the Single Audit
Section 102(a)of the Flood Disaster Protection Act of 1973 Act Amendments of 1996 and OMB Circular No.A-133,
(P.L.93-234)which requires recipients in a special flood "Audits of States, Local Governments,and Non-Profit
hazard area to participate in the program and to purchase Organizations."
flood insurance if the total cost of insurable construction
and acquisition is$10,000 or more. 19. Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations, and policies
15. Will comply with environmental standards which may be governing this program.
prescribed pursuant to the following: (a)institution of
environmental quality control measures under the National 20. Will comply with the requirements of Section 106(g)of
Environmental Policy Act of 1969 (P.L. 91- the Trafficking Victims Protection Act(TVPA)of 2000, as
190)and Executive Order(EO) 11514; (b)notification amended (22 U.S.C.7104)which prohibits grant award
of violating facilities pursuant to EO 11738; (c) recipients or a sub-recipient from(1)Engaging in severe
protection of wetlands pursuant to EO 11990; (d) forms of trafficking in persons during the period of time
evaluation of flood hazards in floodplains in accordance that the award is in effect(2)Procuring a commercial
with EO 11988; (e)assurance of project consistency sex act during the period of time that the award is in
with the approved State management program effect or(3) Using forced labor in the performance of the
developed under the Coastal Zone Management Act of award or subawards under the award.
1972(16 U.S.C. §§1451 et seq.); (f)conformity of
SIGNATURE IZE CERTIFYING OFFICIAL TITLE
Chairman
Pick T,oCastro
APPLICANT ORGANIZATION DATE SUBMITTED
Board of County Commissioners, Collier County, Florida 7 r( c i Z 3
SF-424D(Rev.7-97)Back
Attest:
CRYSTAL K. KTNZEL, CLERK
•
S as eputy erk
signature only.
A • •ved as to Form an gality:
Derek D. Perry
Assistant County Attorney VJ'
16D3
OMB Number:4040-0007
•
Expiration Date: 02/28/2025
ASSURANCES-NON-CONSTRUCTION PROGRAMS
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing
instructions,searching existing data sources,gathering and maintaining the data needed, and completing and reviewing the collection of
information.Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0040),Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND
IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions,please contact the
awarding agency. Further,certain Federal awarding agencies may require applicants to certify to additional assurances.
If such is the case,you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance Act of 1973,as amended(29 U.S.C.§794),which
and the institutional,managerial and financial capability prohibits discrimination on the basis of handicaps; (d)
(including funds sufficient to pay the non-Federal share the Age Discrimination Act of 1975, as amended(42 U.
of project cost)to ensure proper planning,management S.C.§§6101-6107),which prohibits discrimination on
and completion of the project described in this the basis of age;(e)the Drug Abuse Office and
application. Treatment Act of 1972(P.L. 92-255),as amended,
relating to nondiscrimination on the basis of drug
2. Will give the awarding agency,the Comptroller General abuse; (f)the Comprehensive Alcohol Abuse and
of the United States and, if appropriate,the State, Alcoholism Prevention,Treatment and Rehabilitation
through any authorized representative, access to and Act of 1970(P.L.91-616),as amended, relating to
the right to examine all records, books,papers,or nondiscrimination on the basis of alcohol abuse or
documents related to the award;and will establish a alcoholism;(g)§§523 and 527 of the Public Health
proper accounting system In accordance with generally Service Act of 1912(42 U.S.C.§§290 dd-3 and 290
accepted accounting standards or agency directives. ee-3),as amended, relating to confidentiality of alcohol
and drug abuse patient records;(h)Title VIII of the Civil
3. Will establish safeguards to prohibit employees from Rights Act of 1968(42 U.S.C, §§3601 et seq.),as
using their positions for a purpose that constitutes or amended, relating to nondiscrimination in the sale,
presents the appearance of personal or organizational rental or financing of housing;(i)any other
conflict of interest,or personal gain. nondiscrimination provisions in the specific statute(s)
under which application for Federal assistance is being
4. Will initiate and complete the work within the applicable made; and,(I)the requirements of any other
time frame after receipt of approval of the awarding nondiscrimination statute(s)which may apply to the
agency. application.
5. Will comply with the Intergovernmental Personnel Act of 7. Will comply,or has already complied,with the
1970(42 U.S.C. requirements of Titles II and Ili of the Uniform
§§4728-4763)relating to prescribed Relocation Assistance and Real Property Acquisition
standards for merit systems for programs funded under Policies Act of 1970(P.L.91-646)which provide far
one of the 19 statutes or regulations specified in fair and equitable treatment of persons displaced or
Appendix A of OEM's Standards for a Merit System of whose property is acquired as a result of Federal or
Personnel Administration(5 C.F.R.900, Subpart F). federally-assisted programs.These requirements
apply to all interests in real property acquired for
6. Will comply with all Federal statutes relating to project purposes regardless of Federal participation in
nondiscrimination.These include but are not limited to: purchases.
(a)Title VI of the Civil Rights Act of 1964(P.L. 88-352)
which prohibits discrimination on the basis of race, color 8. Will comply,as applicable,with provisions of the
or national origin; (b)Title IX of the Education Hatch Act(5 U.S.C.§§1501-1508 and 7324-7328)
Amendments of 1972, as amended(20 U.S.C.§§1681- which limit the political activities of employees whose
1683, and 1685-1686),which prohibits discrimination on principal employment activities are funded in whole
the basis of sex; (c)Section 504 of the Rehabilitation or in part with Federal funds.
Previous Edition Usable Standard Form 424E(Rev.7.97)
Authorized for Local Reproduction Prescribed by OMB Circular A-102
c 1p
i6D -
9. Will comply,as applicable,with the provisions of the Davis- 13. Will assist the awarding agency in assuring compliance
Bacon Act(40 U.S.C.§§276a to 276a-7),the Copeland Act with Section 106 of the National Historic Preservation
(40 U.S.C. §276c and 18 U.S.C.§874), and the Contract Act of 1966, as amended(16 U.S.C.§470), EO 11593
Work Hours and Safety Standards Act(40 U.S.C,§§327- (identification and protection of historic properties),and
333),regarding labor standards for federally-assisted the Archaeological and Historic Preservation Act of
construction subagreements, 1974(16 U.S.C.§§469a-1 et seq.).
10. Will comply, if applicable,with flood insurance purchase 14. Will comply with P.L.93-348 regarding the protection of
requirements of Section 102(a)of the Flood Disaster human subjects involved in research,development,and
Protection Act of 1973(P.L. 93-234)which requires related activities supported by this award of assistance,
recipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of 15. Will comply with the Laboratory Animal Welfare Act of
insurable construction and acquisition is$10,000 or more. 1966(P.L,89-544,as amended, 7 U.S.C,§§2131 el
seq,)pertaining to the care,handling,and treatment of
11. Will comply with environmental standards which may be warm blooded animals held for research,teaching,or
prescribed pursuant to the following: (a)institution of other activities supported by this award of assistance.
environmental quality control measures under the National
Environmental Policy Act of 1969(P.L.91-190) and 16. Will comply with the Lead-Based Paint Poisoning
Executive Order(EO) 11514;(b) notification of violating Prevention Act(42 U.S.C.§§4801 et seq.)which
facilities pursuant to EO 11738;(c)protection of wetlands prohibits the use of lead-based paint in construction or
pursuant to EO 11990; (d)evaluation of flood hazards in rehabilitation of residence structures.
floodplains in accordance with EO 11988;(e)assurance of 17, Will cause to be performed the required financial and
project consistency with the approved State management compliance audits in accordance with the Single Audit
procrarn developed under the Coastal Zone Management Act Amendments of 1996 and OMB Circular No.A-133,
Act of 1972 (16 U.S.C. §§1451 et seq.); (f)conformity of "Audits of States, Local Governments,and Non-Profit
Federat actions to State(Clean Air) Implementation Plans Organizations."
under Section 176(c) of the Clean Air Act of 1955,as
amended (42 U.S.C. §§7401 el seq.); (g) protection of 18. Will comply with all applicable requirements of all other
underground sources of drinking water under the Safe Federal laws,executive orders,regulations,and policies
Drinking.Water Act of 1974,as amended (P.L. 93-523); governing this program.
and, (h)protection of endangered species under the
Endangered Species Act of 1973,as amended(P.L.93- 19. Will comply with the requirements of Section 106(g)of
205). the Trafficking Victims Protection Act(TVPA)of 2000,as
amended(22 U.S.C.7104)which prohibits grant award
12. Will comply with the Wild and Scenic Rivers Act of recipients or a sub-recipient from (1)Engaging in severe
1968(16 U.S.C.§§1271 et seq.)related to protecting forms of trafficking in persons during the period of time
components or potential components of the national that the award is in effect(2) Procuring a commercial
wild and scenic rivers system. sex act during the period of time that the award is in
effect or(3) Using forced labor in the performance of the
award or subawards under the award.
1
SIGNATUR F A TH0 Z TlFYING OFFICIAL TITLE
Chairman 1
;Rick LoCastro
APPLICANT ORGANIZATION DATE SUBMITTED
Board of County Commissioners, Collier County, Florida I 7:. ,
Standard Form 4248(Rev.7-97)Back
Attest: ,r r ,r App lied as to Form an egality:
CRYSTAL K. KINrZEL°, CLERK
0 —"''''
-V ,4
t aS•T-. Derek D. Perry 'L3
110
pates
51 �atil,•..� Assistant County Attorney vV�
CNo
16
FAIN# B-23-UC-12-0016
Federal Award Date October 1,2023
Federal Award Agency HUD
CFDA Name Community
Development Block
Grant
CFDA/CSFA# 14.218
Total Amount of Federal $130,000.00
Funds Awarded
Subrecipient Name Sunrise Community of
Southwest Florida, Inc.
UEI# VNBSL6WWGMJ7
FEIN 59-1796622
R&D NA
Indirect Cost Rate NA
Period of Performance 10/01/2023-09/30/2024
Fiscal Year End 6/30
Monitor End: 12/2024
AGREEMENT BETWEEN COLLIER COUNTY
AND
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC.
CDBG Grant Program—Public Services
THIS AGREEMENT is made and entered into this 11th day of July 2023,by and between Collier County,
a political subdivision of the State of Florida,("COUNTY")having its principal address at 3339 Tamiami
Trail East, Suite 213, Naples FL 34112, and Sunrise Community of Southwest Florida, Inc.
("SUBRECIPIENT"), a private non-profit organization having its principal office at 9040 Sunset Drive,
Miami, FL 33173.
WHEREAS, the COUNTY has entered into an Agreement with the United States Department of
Housing and Urban Development(HUD)for a grant for the execution and implementation of a Community
Development Block Grant(CDBG) Program in certain areas of Collier County, pursuant to Title I of the
Housing and Community Development Act of 1974(as amended); and
WHEREAS, the Board of County Commissioners of Collier County ("Board") approved the
Collier County Consolidated Plan—One-year Action Plan for Federal Fiscal Year 2023-2024 for the CDBG
Program with Resolution 2023-I3IA on July 11, 2023—Agenda Item 16.D.3 ;and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans,the COUNTY advertised the 2023-2024 Annual
Action Plan,on May 18,2023,with a 30-day Citizen Comment period from May 18,2023 to June 17,2023;
and
WHEREAS,the SUBRECIPIENT has submitted a proposal for participation in the Collier County
CDBG program; and
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC
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Free To Be Me Transportation Services Page 1 �O
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WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in undertaking the CDBG project—(PS-23-01)Free To Be Me-Transportation Service.
NOW,THEREFORE,in consideration of the mutual benefits contained herein,it is agreed by the
Parties as follows:
PART I
SCOPE OF WORK
SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as
a condition of providing CDBG assistance as provided herein and, as determined by Collier County
Community and Human Services(CHS) Division, perform the tasks necessary to conduct the program as
follows:
Project Name: Free To Be Me-Transportation Service
Description of project and outcome: CHS, as an administrator of the CDBG program,will make
available CDBG FY 2023-2024 funds up to the gross amount of$130,000.00 to Sunrise
Community of Southwest Florida, Inc.to be used to support salaries for staff and drivers to
transport persons with disabilities. Activities will include but are not limited to: transportation
services for adult persons with disabilities allowing them access to vital life skills,which may
include community inclusion events,employment training,day training,medical appointments,
wellness activities,prescription pickup, shopping,and other vital activities for daily living.
Beneficiaries may be transported to various sites to enhance their life learning and social skills.
Project Component One: CDBG funds will be used to support salaries for staff and drivers to
transport persons with disabilities
1.1 GRANT AND SPECIAL CONDITIONS
A. SUBRECIPIENT must submit the following resolutions and policies to the COUNTY
within sixty(60)days of execution of this Agreement:
• Affirmative Fair Housing Policy
• Affirmative Action/Equal Opportunity Policy
• Conflict of Interest Policy(COI)and related COI Forms
❑ Procurement Policy
❑ Uniform Relocation Act(URA)Policy
• Sexual Harassment Policy
❑ Section 3 Policy
• Section 504/ADA Policy
• Fraud,Waste,and Abuse Policy
• Language Assistance and Planning Policy(LAP)
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC
PS23—01
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® Limited English Proficiency Policy(LEP)
• Violence Against Women Act(VAWA)Policy
• LGBTQ Policy
B. Environmental Review Requirement (ERR) — This Agreement does not constitute a
commitment of funds or site approval. The commitment of funds or site approval may
occur only upon satisfactory completion of environmental review, executed by the
COUNTY,and either(i)the determination that the project is Exempt or(ii)the COUNTY's
receipt of an approved request for release of funds and certification from HUD, under 24
CFR Part 58. The provision of any funds to the project is conditioned on the COUNTY's
determination to proceed with, modify, or cancel the project based on the results of the
environmental review.No program costs can be incurred until an environmental review of
the project is completed and approved by the COUNTY. Further, SUBRECIPIENT will
not undertake any activity or commit any Funds prior to CHS issuing the Notice to Proceed
(NTP) letter. Violation of this provision may result in the termination of this subaward
and/or the denial of any reimbursement of funds under this Agreement.
C. Annual Subrecipient Training—
All SUBRECIPIENT staff assigned to the administration and implementation of the
Project established by this Agreement shall attend the CHS-sponsored Annual
SUBRECIPIENT Fair Housing training, except those who attended the training in the
previous year. In addition, at least one staff member shall attend all other CHS-offered
SUBRECIPIENT training, relevant to the Project, as determined by the Grants
Coordinator, not to exceed four (4) sessions. Requests for exemption, under this special
condition,must be submitted to the Grant Coordinator,in writing,at least 14 days,prior to
the training.
D. Persons who, as a result of national origin,do not speak English as their primary language
and who have limited ability to speak,read,write,or understand English("limited English
proficient persons" or "LEP persons") may be entitled to language assistance under Title
VI in order to receive a particular service, benefit, or encounter. In accordance with Title
VI of the Civil Rights Act of 1964 (Title VI) and its implementing regulations, the
SUBRECIPIENT agrees to take reasonable steps to ensure meaningful access to activities
funded with HUD Funds by LEP persons. Any of the following actions could constitute
"reasonable steps",depending on the circumstances: acquiring translators to translate vital
documents; advertisements or notices; acquiring interpreters for face to face interviews
with LEP persons; placing advertisements and notices in newspapers that serve LEP
persons; partnering with other organizations that serve LEP populations to provide
interpretation, translation, or dissemination of information regarding the project; hiring
bilingual employees or volunteers for outreach and intake activities; contracting with a
telephone line interpreter service;etc.
moni
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC.
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1.2 PROJECT DETAILS
A. Project Description/Project Budget
Description Federal Amount
Project Component 1:CDBG Funds will be used to support salaries for staff and $130,000.00
drivers to transport persons with disabilities.
Activities will include but are not limited to: transportation services for adult person
with disabilities allowing them to access vital life skills,community inclusion events,
employment training, day training, medical appointments, wellness activities,
prescription pickup, shopping, and other vital activities for daily living.
Beneficiaries may be transported to various sites to enhance their life learning and
social skills.
Total Federal Funds: $130.000.00
SUBRECIPIENT will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
• Maintain beneficiary income certification documentation,and provide to the COUNTY as
requested
• Maintain a National Objective Documentation and provide to COUNTY, as requested
• Provide Quarterly Reports on National Objective, and project progress
• Provide Quarterly Leveraged Funds Reports
® Ensure attendance by a representative from executive management at scheduled
partnership meetings, as requested by CHS
❑ Ensure attendance by SUBRECIPIENT and General Contractor at Pre-Construction
meetings,prior to SUBBRECIPIENT issuance of Notice to Proceed(NTP)to contractor
❑ Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation
❑ Identify Lead Project Manager
❑ Provide Site Design and Specifications
❑ Submit Change Orders for CHS approval prior to SUBRECIPIENT authorizing work
❑ Comply with Davis-Bacon Act Labor Standards and maintain supporting documentation
❑ Comply with Section 3 reporting requirements and maintain supporting documentation
n Provide weekly certified payroll throughout construction and rehabilitation
Li Comply with Uniform Relocation Act(URA), if applicable
❑ Ensure applicable numbers of units are Section 504/ADA accessible
❑ Ensure the applicable continued use period for the project is met
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC
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B. National Objective
The CDBG program funds awarded to Collier County must benefit low- to moderate-income
persons(LMI).As such,SUBRECIPIENT shall ensure that all activities and beneficiaries meet the
definition of:
❑ LMA—Low/Mod Area Benefit
• LMC—Low/Mod Clientele Benefit
❑ LMH—Low/Mod Housing Benefit
❑ LMJ —Low/Mod Job Benefit
LMA: Must document where at least 51 percent of the residents are LMI persons, based
on HUD determined eligible census tracts. Failure to achieve the national objective under this
Agreement will require repayment of the CDBG investment under this Agreement.
LMC: Must document that at least 51 percent of persons served, are low- to moderate-
income persons or households, in order to meet a CDBG National Objective.Failure to achieve the
national objective under this Agreement will require repayment of the CDBG investment under this
Agreement.
LMH: Must document providing or improving permanent residential structures, which
upon completion will be occupied by LMI households. Structures with three or more units must
contain at least 51 percent occupied by LMI households, and structures with less than three units
must be occupied by 100 percent LMI households. Failure to achieve the national objective under
this Agreement will require repayment of the CDBG investment under this Agreement.
LMJ: Must document job creation and retention. The LMI benefit national objective
addresses activities designed to create or retain permanent jobs, at least 51 percent of which
(computed on a full-time equivalent basis) will be made available to or held by LMI persons.
Failure to achieve the national objective under this Agreement will require repayment of the CDBG
investment under this Agreement.
C. Performance Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Insurance Exhibit A-Insurance Certificate Within 30 days of Agreement
execution and Annually within
thirty(30)days of renewal
Special Grant Condition Policies Policies as stated in this Within sixty(60)days of
(Section 1.1) Agreement Agreement execution
Detailed Project Schedule Project Schedule Not applicable
Project Plans and Specifications Site Plans and Specifications Not applicable
Procurement Documents(Bid List docs here Not applicable
Packet) *
Subcontractor Log Subcontractor Log Not applicable
Quarterly Progress Report Exhibit C Quarterly;within 10 days
following the end of the quarter.
Annually after closeout .
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC.
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Section 3 Report Quarterly Report of New Hire Not Applicable.
Information
Complaint Logs Fair Housing,EEO,AA and Quarterly,within 10 days
Incident Log following the end of the quarter.
Leverage Funds Report Exhibit C-1 Quarterly, within 10 days
following the end of the quarter.
Davis-Bacon Act Certified Weekly Certified Payroll Not applicable
Payroll reports, forms, and supporting
documentation
Annual Audit Monitoring Exhibit E Annually,within 60 days after
Report FY end.
Financial and Compliance Audit Audit,Management Letter,and Annually: nine(9)months after
Supporting Documentation FY end for Single Audit OR one
hundred eighty(180)days after
FY end.
Continued Use Certification Continued Use Affidavit, if Not applicable.
applicable
Capital Needs Assessment Plan Plan approved by the COUNTY Not applicable
Program Income Reuse Plan Plan Approved by the COUNTY Not applicable
* SUBRECIPIENT's Notice to Proceed may be withheld if procurement deliverables are not
submitted in a timely manner, as stated in Section 1.2.C, Performance Deliverables.
SUBRECIPIENT must submit to the COUNTY, for approval, all Change Orders required during
the project. Failure to submit Change Orders in a timely manner,may result in delay or withholding
of payment,as well as a cease work order until all change orders have been reviewed and approved,
at which time a new Notice to Proceed will be issued.
D. Payment Deliverables
Payment Deliverable Payment Supporting Documentation Submission Schedule
Project Component 1: CDBG Submission of supporting documents Submission of
funds are to support salaries for must be provided as backup,as evidenced monthly invoices,
program and administrative staff by invoice,timecards,payroll within 30 days of the
and drivers to transport persons registers/summary,driver logs,canceled prior month.
with disabilities. checks or banking documents,Exhibit B,
and any other additional documentation
Activities will include but are not as requested.
limited to: staff managed
transportation and activity 10%retainage will be held from each pay
supervision for adult persons with request and released upon final
disabilities allowing them to monitoring clearance and meeting the
access vital life skills, which may National Objective.
include community inclusion
events, employment training,day
training,medical appointments,
wellness activities, prescription
pickup, shopping, and other vital
activities for daily living
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC
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Beneficiaries may be transported
to various sites to enhance their
life learning and social skills.
The 10 percent retainange will be paid upon completion of final monitoring clearance and documentation
of meeting the National Objective. SUBRECIPIENT'S failure to achieve the National Objective will
require repayment of the CDBG investment under this Agreement.
1.3 PERIOD OF PERFORMANCE
SUBRECIPIENT services shall begin on October 1, 2023 and shall end on September 30,2024.
The County Manager or designee may extend the term of this Agreement for a period of up to 180
days after the end of the Agreement, following receipt of SUBRECIPIENT's written request
submitted at least 30 days prior to agreement period of performance end date. Extensions must be
authorized, in writing,by formal letter to SUBRECIPIENT.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available ONE HUNDRED THIRTY THOUSAND DOLLARS
AND ZERO CENTS($130,000.00)for use by SUBRECIPIENT,during the term of the Agreement
(hereinafter, shall be referred to as the Funds).
Modification to the Budget and Scope may only be made if approved in advance. Budgeted Fund
shifts among line items shall not be more than 10 percent of the total funding amount and shall not
signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only
be made with Board of County Commissioners(Board)approval.
The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of CDBG Funds until funds are needed for eligible
costs;and all disbursement requests must be limited to the amount needed at the time of the request.
SUBRECIPIENT may expend Funds only for allowable costs resulting from obligations incurred
during the term of this Agreement. Invoices for work performed are required every month. If no
work has been performed during the month,or if SUBRECIPIENT is not yet prepared to send the
required backup, a$0 invoice is required. Explanations are required if two consecutive months of
$0 invoices are submitted. Payments shall be made to SUBRECIPIENT when requested as work
progresses, but not more frequently than once per month. Reimbursement will not occur if
SUBRECIPIENT fails to perform the minimum level of service required by this Agreement.
The COUNTY will pay SUBRECIPIENT Funds available under this Agreement based on
information submitted by SUBRECIPIENT and consistent with any approved budget and
COUNTY policies concerning payments. With the exception of certain advances, payments will
be made for eligible expenses actually incurred by SUBRECIPIENT, not to exceed actual cash
re•uirements. Pa ments will be ad'usted b CHS in accordance with advance Funds and •ro:ram
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC
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income balances available in SUBRECIPIENT accounts. In addition, The COUNTY reserves the
right to liquidate Funds available under this Agreement for costs incurred by The COUNTY on
behalf of SUBRECIPIENT.
Final invoices are due no later than 90 days after the end of the Agreement.Work performed during
the term of the program but not invoiced within 90 days after the end of the Agreement may not be
processed without written authorization from the Grant Coordinator.
CHS may withhold any payment request until approved by CHS for grant compliance and
adherence to any and all applicable Local, State, or Federal requirements, including timely
submission of Performance Deliverables contained in Section 1.2.C. Late submission of
deliverables or evidence of project inactivity may cause payment suspension of any open pay
requests until the required deliverables or substantial project progression occurs, as
determined by CHS. Except where disputed for noncompliance, payment will be made upon
receipt of a properly completed invoice, and in compliance with sections 218.70-218.80, Florida
Statutes,otherwise known as the"Local Government Prompt Payment Act."
1.5 LEVERAGE FUNDS
Leveraged funds must be identified, tracked, and verifiable in the SUBRECIPIENT's records.
Resources must be fully identified and described in the Agreement and approved budget submitted
with the application. Resources must also meet the following criteria to be allowable as leverage:
a. Expenditures of leveraged funds or resources are permitted only for eligible activities
and allowable costs under the cost principles specified by the OMB Circulars
referenced in this Agreement. Expenditures must be necessary and reasonable for
proper and efficient accomplishments of project or program objectives.
b. Leveraged resources committed on one project may not be used as leverage or match
for any other project or program.
c. Leveraged resources must represent newly created resources covering expenditures
that would not be incurred if the award were not made.
d. Leveraged resources may not be Federal funds under a different award, except where
Federal statute allows their use for cost sharing(such as the Community Development
Block Grant program).
e. Third-party cash or in-kind contributions offered as leverage require a commitment
letter on company letterhead signed by the individual who is in a position to commit
the in-kind contribution. The contribution is only allowable if not utilized towards
matching dollars.
1.6 COST PRINCIPLES
Payments to SUBRECIPIENT are governed by the Federal grant management rules for cost
allowability, found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section
(Section 1.6-Cost Principles)of this Agreement,SUBRECIPIENT is defined as described in 2 CFR
200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under the
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Part I - Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed
specifically to the project referenced in Part I - Scope of Work+, as defined in 2 CFR 200.413.
SUBRECIPIENT must provide adequate documentation for validating costs incurred.Payments to
SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the
procurement requirements provided in 2 CFR 200.318-200.327. Allowable costs incurred by
Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles.
SUBRECIPIENT may not be subject to 2 CFR Subpart E; however, the COUNTY is and may
impose requirements upon SUBRECIPIENT to remain compliant with COUNTY's obligation to
follow 2 CFR 200 Subpart E. SUBRECIPIENT will use adequate internal controls and maintain
necessary source documentation for all costs incurred and adhere to any other accounting
requirements included in this Agreement.
1.7 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice
delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and
other written communications under this Agreement shall be addressed to the individuals in the
capacities indicated below,unless otherwise modified by subsequent written notice.
COLLIER COUNTY ATTENTION: Joshua Thomas, Grant Coordinator
Collier County Government
Community and Human Services Division
3339 Tamiami Trail East, Suite 213
Naples, Florida 34112
Email: Joshua.Thomas@,colliercountyfl.gov
Telephone: (239)252-8995
SUBRECIPIENT ATTENTION: Kirk Zaremba,Director of Grants and Development
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC
9040 Sunset Drive
Miami, Florida 33173
Email:kzaremba@sunrisegroup.org
Telephone: (305)273-3055
ATTENTION: Cassandra Beaver, Director of Operations
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA, INC
4227 Exchange Avenue
Naples,Florida 34104
Email: CassandraBeavernaa,sunrisegroup.org
Telephone: (239)643-5338
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PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual
Audit Monitoring report(Exhibit E)no later than 60 days after SUBRECIPIENT'S fiscal year end.
In addition, SUBRECIPIENT shall submit to the COUNTY a financial and compliance Single
Audit report, Management Letter, and supporting documentation nine (9) months (or audited
financial statements, one hundred eighty (180) days for Subrecipients exempt from Single Audit)
after the SUBRECIPIENT'S fiscal year end. The COUNTY will conduct an annual financial and
programmatic review.
SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its
receipt of the report. SUBRECIPIENT'S failure to comply with the above audit requirements will
constitute a violation of this Agreement and may result in the withholding of future payments.
SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with
current COUNTY policy concerning Subrecipient audits and 2 CFR 200.501
Federal Award amounts expended shall be determined in accordance with guidelines established
by 2 CFR Part 200, Subpart F-Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to
determine compliance with the requirements of this Agreement,the CDBG Program,and all other
applicable laws and regulations. This documentation shall include but is not limited to, the
following:
A. All records required by CDBG regulations.
B. SUBRECIPIENT shall create and maintain public records that ordinarily and necessarily
would be required by the COUNTY in order to perform the service.
C. SUBRECIPIENT shall make available to the COUNTY or CHS at any time upon request,
all reports, plans, surveys, information, documents, maps, books, records, and other data
procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this
Agreement. Materials identified in the previous sentence shall be in accordance with
generally accepted accounting principles (GAAP), procedures, and practices, which
sufficiently and properly reflect all revenues and expenditures of Funds provided directly
or indirectly by this Agreement, including matching funds and Program Income. These
records shall be maintained to the extent of such detail to properly reflect all net costs,
direct and indirect labor, materials, equipment, supplies and services, and other costs and
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expenses of whatever nature for which reimbursement is claimed under the provisions of
this Agreement.
D. Upon completion of all work contemplated under this Agreement,copies of all documents
and records relating to this Agreement shall be surrendered to CHS, if requested. In any
event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a
readily accessible, permanent, and secured location for three (3) years after the date of
submission of the final performance and evaluation report,as prescribed in 2 CFR 200.334,
24CFR 570.493 and 24 CFR 57O.5O2(a)(7)(ii). However, if any litigation, claim, or audit
is started before the expiration date of the three (3) year period, SUBRECIPIENT will
maintain the records until all litigation,claim,or audit findings involving these records are
resolved. If SUBRECIPIENT ceases to exist after the closeout of this Agreement, it shall
notify the COUNTY in writing,of the address where the records are to be kept,as outlined
in 2 CFR 200.337. SUBRECIPIENT shall meet all requirements for retaining public
records and transfer, at no cost to COUNTY, all public records in SUBRECIPIENT'S
possession upon termination of the Agreement, and destroy any duplicate, exempt, or
confidential public records that are released from public records disclosure requirements.
All records stored electronically must be provided to the COUNTY in a format that is
compatible with the COUNTY'S information technology systems.
IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO SUBRECIPIENT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, IT SHALL
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-2679,
Michael.Brownlee(a,colliercountvfl•2ov,3299 Tamiami Trail East,Naples,FL 34112.
E. SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Act of
1931, as amended, including files containing contractor payrolls, employee interviews,
Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall
maintain records showing contractor compliance with the Contract Work Hours and Work
Safety Law. Similarly, SUBRECIPIENT shall maintain records showing compliance with
Federal purchasing requirements and other Federal requirements for grant implementation.
F. SUBRECIPIENT is responsible for the creation and maintenance of income eligible files
on clients served, and documentation that all households are eligible under HUD Income
Guidelines. SUBRECIPIENT agrees that CHS shall be the final arbiter on the
SUBRECIPIENT'S compliance.
G. SUBRECIPIENT shall document how it complied with the National Objective(s), as
defined in 24 CFR 570.208, and the eligibility requirement(s) under which Funding has
been received. This includes special requirements, such as necessary and appropriate
determinations as defined in 24 CFR 570.208,income certification,and written agreements
with beneficiaries,where applicable.
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H. SUBRECIPIENT shall provide the public with access to public records on the same terms
and conditions that the COUNTY would provide the records, and at a cost that does not
exceed the cost provided in Chapter 119,Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that exempt or confidential public records that are released
from public records disclosure requirements are not disclosed, except as authorized by 2
CFR 200.337 and 2 CFR 200.338.
2.3 MONITORING
SUBRECIPIENT agrees that CHS may carry out no fewer than one(1)annual on-site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop
review of the activities may be conducted in lieu of an on-site visit. The continuation of this
Agreement is dependent upon satisfactory evaluations. Upon request by CHS, SUBRECIPIENT
shall submit information and status reports required by CHS or HUD, to enable CHS to evaluate
said progress and allow for completion of required reports. SUBRECIPIENT shall allow CHS or
HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled,
as determined by CHS or HUD.
At any time during normal business hours and as often as the COUNTY(and/or its representatives)
may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit all
records,documentation, and any other data relating to all matters covered by the Agreement.
COUNTY will monitor SUBRECIPIENT'S performance in an attempt to mitigate fraud, waste,
abuse, or nonperformance, based on goals and performance standards as stated with all other
applicable laws, regulations, and policies governing the funds provided under this Agreement,
further defined by 2 CFR 200.332.Substandard performance,as determined by CHS,will constitute
noncompliance with this Agreement. If SUBRECIPIENT does not take corrective action within a
reasonable time period after being notified by CHS, Agreement suspension or termination
procedures will be initiated.SUBRECIPIENT agrees to provide HUD,the HUD Office of Inspector
General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s)
access to all records related to performance of activities in this Agreement.
2.4 PREVENTION OF FRAUD,WASTE,AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal control systems and procedures
necessary to prevent,detect, and correct incidents of fraud,waste,and abuse in the performance of
this Agreement, and to provide proper and effective management of all Program and Fiscal
activities of the Agreement. SUBRECIPIENT'S internal control systems and all transactions and
other significant events shall be clearly documented, and the documentation shall be readily
available for monitoring by COUNTY.
SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees,
and agents for the purpose of monitoring or investigating the performance of this Agreement.
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SUBRECIPIENT shall fully cooperate with COUNTY'S efforts to detect, investigate,and prevent
fraud,waste, and abuse.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this Agreement or any law or regulation to the COUNTY, or any
appropriate law enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this Agreement. Penalties may be imposed for failure to implement or to make
acceptable progress on such corrective action plans.
To effectively enforce COUNTY Resolution No.2013-228, CHS has adopted an escalation policy
to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds
from CHS. The escalation policy for noncompliance is as follows:
1. Initial noncompliance may result in the COUNTY issuing Findings or Concerns to
the SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective
action plan to CHS within 10 business days following issuance of the report.
• Any pay requests that have been submitted to CHS for payment will be held
until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to
SUBRECIPIENT, as needed, in order to correct the noncompliance issue.
2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely
manner, the COUNTY may require a portion of the awarded grant funds to be
returned to the COUNTY.
• CHS may require SUBRECIPIENT to return upwards of 5 percent of the
award amount to the COUNTY, at the discretion of the Board.
• SUBRECIPIENT may be denied future consideration, as set forth in
Resolution No. 2013-228.
3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously
corrected, and has been informed by CHS of their substantial noncompliance by
certified mail, CHS may require that a portion of the awarded grant amount or the
amount of the CDBG investment for acquisition of the properties conveyed, be
returned to the COUNTY.
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• CHS may require SUBRECIPIENT to return upwards of 10 percent of the
award amount to the COUNTY, at the discretion of the Board.
• SUBRECIPIENT will be considered in violation of Resolution No. 2013-228.
4. If after repeated notification, SUBRECIPIENT continues to be substantially
noncompliant, CHS may recommend termination of the Agreement or award.
• CHS will make a recommendation to the Board to immediately terminate the
Agreement. SUBRECIPIENT will be required to repay all Funds disbursed by
CHS for the terminated project. This includes the amount invested by the
COUNTY for the initial acquisition of properties or other activities.
• SUBRECIPIENT will be considered in violation of Resolution No. 2013-228.
If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be
noncompliant, the above sanctions may be imposed across all awards at the Board's
discretion.
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this Agreement,and on the resolution of monitoring findings identified pursuant to this
Agreement, as deemed necessary by the County Manager or designee. Reports showing lack of
proiect activity may result in withholding of payment or issuance of a Notice of
Noncompliance.
During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the
COUNTY on the 10th day of January, April, July, and October, respectively, for the prior quarter
period end. As part of the report submitted in October, SUBRECIPIENT agrees to include a
comprehensive final report covering the agreed-upon Program objectives, activities, and
expenditures including but not limited to, performance data on client feedback with respect to the
goals and objectives set forth in Exhibit C,which contains an example reporting form to be used in
fulfillment of this requirement.Additionally, all leveraged funds utilized in support of this project
will be submitted on Exhibit C-1 as part of the final report. Other reporting requirements may be
required by the County Manager or designee if the Program changes, the need for additional
information or documentation arises, and/or if legislative amendments are enacted. Reports and/or
requested documentation not received by the due date shall be considered delinquent and may be
cause for default and termination of this Agreement.
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY,which consent,if given at all,shall be at the COUNTY's sole discretion and judgment.
SUBRECIPIENT shall cause all provisions of this Agreement in its entirety to be included in and
made a part of any subcontract executed in the performance of this Agreement.
3.2 GENERAL COMPLIANCE
SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants), including subpart K of these regulations, except that(1)
SUBRECIPIENT does not assume the COUNTY'S environmental responsibilities described in 24
CFR 570.604; (2) SUBRECIPIENT does not assume the COUNTY'S responsibility for initiating
the review process under the provisions of 24 CFR Part 52; (3) SUBRECIPIENT is required to
follow the Federal procurement process; and (4) for Developers, revenue generated is not
considered program income.The CDBG program was funded through the Housing and Community
Development Act of 1974. SUBRECIPIENT also agrees to comply with all other applicable laws,
regulations, and policies governing the Funds provided under this Agreement. SUBRECIPIENT
further agrees to utilize Funds available under this Agreement to supplement rather than supplant
funds otherwise available.
SUBRECIPIENT is prohibited from using Funds provided herein, or personnel employed in the
administration of the program for political activities, inherently religious activities, lobbying,
political patronage, and nepotism activities.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating
or establishing the relationship of employer/employee between the parties. SUBRECIPIENT shall
always remain an"independent contractor"with respect to the services to be performed under this
Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation,
FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance, as the
SUBRECIPIENT is independent from the COUNTY.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement, at any time, provided that such
amendments make specific reference to this Agreement, are executed in writing, signed by a duly
authorized representative of each organization, and approved by the COUNTY'S Board. Such
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amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or
SUBRECIPIENT from its obligations under this Agreement.
The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or
Local governmental guidelines, policies, available funding amounts, or for other reasons. If such
amendments result in a change in the funding, scope of services,or schedule of the activities to be
undertaken as part of this Agreement, such modifications will be incorporated only by written
amendment, signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from HUD CDBG grant funds and must be
implemented in full compliance with all of HUD's rules and regulations and any agreement
between COUNTY and HUD governing the CDBG Funds pertaining to this Agreement. In the
event of curtailment or non-production of said Federal Funds, or the reduction of Funds awarded
by HUD to the COUNTY, to a level that the County Manager determines to be insufficient to
adequately administer the project, the financial resources necessary to continue to pay
SUBRECIPIENT all or any portion of the Funds will not be available.In either event,the COUNTY
may terminate this Agreement, which shall be effective as of the date that it is determined by the
County Manager or designee, in his/her sole discretion and judgment,that the Funds are no longer
available. In the event of such termination, SUBRECIPIENT agrees that it will not look to, nor
seek to hold the COUNTY, nor any individual member of the County Commissioners and/or
County Administration,personally liable for the performance of this Agreement,and the COUNTY
shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, SUBRECIPIENT shall indemnify and hold
harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action, which may arise out of an act or omission including
but not limited to,reasonable attorneys'and paralegals' fees,to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of SUBRECIPIENT or any of its agents, officers,
servants,employees,contractors,patrons,guests,clients, licensees, invitees,or any persons acting
under the direction, control, or supervision of SUBRECIPIENT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce
any other rights or remedies, which otherwise may be available to an indemnified party or person
described in this paragraph. SUBRECIPIENT shall pay all claims and losses of any nature
whatsoever in connection therewith, shall defend all suits in the name of the COUNTY, and shall
pay all costs (including attorney's fees) and judgments which may issue thereon. This
Indemnification shall survive the termination and/or expiration of this Agreement. This section
does not pertain to any incident arising from the sole negligence of COUNTY. The foregoing
indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in
section 768.28, Florida Statutes. This section shall survive the expiration or termination of this
Agreement.
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3.7 GRANTEE RECOGNITION/SPONSORSHIPS
SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements,
descriptions of program sponsorships,research reports, and similar public notices,whether printed
or digitally prepared and released by SUBRECIPIENT for,on behalf of, and/or about the Program
shall include the statement:
"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY
COMMUNITY AND HUMAN SERVICES DIVISION"
and shall appear in the same size letters or type as the name of SUBRECIPIENT. This design
concept is intended to disseminate key information to the general public regarding the development
team, as well as Equal Housing Opportunity. Construction signs shall comply with applicable
COUNTY codes.If this Agreement results in any copyrightable material or inventions,CHS and/or
the COUNTY reserve the right to royalty-free,non-exclusive,and irrevocable license to reproduce,
publish, or otherwise use; and to authorize others to use the work or materials for governmental
purposes.
3.8 DEFAULTS,REMEDIES,AND TERMINATION
In accordance with 2 CFR 200.341, this Agreement may be terminated for convenience by either
the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such
termination,the effective date,and in the case of partial terminations,the portion to be terminated.
However,in the case of a partial termination,if the COUNTY determines that the remaining portion
of the award will not accomplish the purpose for which the award was made, the COUNTY may
terminate the award in its entirety.This Agreement may also be terminated by the COUNTY,if the
award no longer effectuates the program goals or grantor agency priorities.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement, in compliance with 2 CFR 200,Appendix II(A):
A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or
such statutes,regulations,executive orders, and HUD guidelines, policies, or directives as
may become applicable at any time.
B. Failure,for any reason,to fulfill its obligations under this Agreement in a timely and proper
manner.
C. Ineffective or improper use of funds provided under this Agreement.
D. Submission of reports to the COUNTY that are incorrect or incomplete in any material
respect.
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E. Submission of any false certification.
F. SUBRECIPIENT'S failure to materially comply with any terms of this Agreement.
G. Failure to materially comply with the terms of any other agreement between the COUNTY
and SUBRECIPIENT relating to the project.
In the event of any default by SUBRECIPIENT under this Agreement,the COUNTY may seek any
combination of one or more of the following remedies, in compliance with 2 CFR 200,Appendix
II(B):
A. Require specific performance of the Agreement in whole or in part.
B. Require the use of, or change in,professional property management, if applicable.
C. Require SUBRECIPIENT to immediately repay to the COUNTY all CDBG funds received
under this Agreement.
D. Apply sanctions, if COUNTY determines them to be applicable.
E. Stop all payments until identified deficiencies are corrected.
F. Terminate this Agreement by giving written notice to SUBRECIPIENT specifying the
effective date of such termination. If the Agreement is terminated by the COUNTY, as
provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any
incomplete project activities undertaken under this Agreement.
3.9 SUSPENSION AND DEBARMENT
SUBRECIPIENT certifies that neither it, nor its principals, are presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by a Federal Department or agency; and that SUBRECIPIENT shall not knowingly
enter into any lower tier contract, or other covered transaction, with a suspended or debarred
contractor or vendor, as outlined in Executive Orders 12549(1986)and 12689(1989), Suspension
and Debarment,and 2 CFR 200.214,as further detailed in Section 4.18.
3.10 REVERSION OF ASSETS
In the event of Agreement termination, in addition to any and all other remedies available to the
COUNTY(whether under this Agreement,at law,or in equity),SUBRECIPIENT shall,at the time
of termination(or expiration),immediately transfer to the COUNTY any property on hand and any
accounts receivable attributable to the use of CDBG funds,per 24 CFR 570.503(b)(7).
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The COUNTY'S receipt of any Funds on hand at the time of termination shall not waive the
COUNTY'S right (nor excuse SUBRECIPIENT'S obligation) to recoup all or any portion of the
Funds or property, as the COUNTY may deem necessary. Regulations regarding real property are
subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7). All program assets
(unexpended program income, property, equipment, etc.) shall revert to CHS upon termination of
this Agreement.
3.11 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until
all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said
insurance shall be carried continuously during SUBRECIPIENT'S performance under the
Agreement.
3.12 ADMINISTRATIVE REQUIREMENTS
SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and
the Scope of Work(Part I), the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards (2 CFR 200 et seq.), and the Federal Regulations for the
Community Development Block Grant(24 CFR 570 et seq.).
3.13 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through
200.327)and Collier County's Procurement Ordinance#2017-08,as amended.Current purchasing
thresholds are:
Range: Competition Required
$0-$50,000 3 Written Quotes
$50,001+ Formal Solicitation(ITB,RFP, etc.)
All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT
employees, or put out to competitive bidding under a procedure acceptable to COUNTY and
Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest,responsible, and
qualified bidder. SUBRECIPIENT shall manage and CHS shall monitor contract administration.
CHS shall have access to all records and documents related to the Project.
In accordance with 24 CFR parts 570.202(b)(3)&570.202(b)(4),to the greatest extent practicable,
SUBRECIPIENT shall procure products, similar to Energy Star and Water Sense products and
appliances,that increase the effective use of energy and water in structures.
In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall
provide a preference for the purchase,acquisition,or use of goods,products,or materials produced
in the United States.
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In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level of
completion,per 2 CFR 200,Appendix II(J)and 2 CFR 200.323.
3.14 PROGRAM GENERATED INCOME
No Program Income is anticipated.However, if Program Income is derived from the use of CDBG
Funds disbursed under this Agreement,such Program Income shall be utilized by SUBRECIPIENT
only for CDBG-eligible activities approved by the COUNTY. Any Program Income(as such term
is defined under applicable Federal regulations)gained from any SUBRECIPIENT activity funded
by CDBG Funds shall be reported to the COUNTY through an annual Program Income Re-use
Plan, utilized by SUBRECIPIENT accordingly, and shall comply with 2 CFR 200.307, 24 CFR
parts 570.489 570.500, and 570.504 in the operation of the Program. When Program Income is
generated by an activity that is only partially assisted by CDBG Funds,the income shall be
prorated to reflect the percentage of CDBG Funds used. If there is a Program Income balance
at the end of the Program Year, such balance shall revert to the COUNTY's Community Block
Grant Program, for further reallocation.
3.15 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT'S obligation to the COUNTY shall not end until all closeout requirements are
completed. SUBRECIPIENT may close out the project with the COUNTY after the expiration of
the Agreement. Activities during this closeout period shall include, but are not limited to making
final payments; disposing of program assets (including the return of all unused materials,
equipment,program income balances, and receivable accounts to the COUNTY);and determining
the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall
remain in effect during any period that SUBRECIPIENT has control over CDBG Funds, including
program income. In addition to the records retention outlined in section 2.2 (Records and
Documentation) of this Agreement, SUBRECIPIENT shall comply with section 119.021, Florida
Statutes,regarding records maintenance, preservation, and retention. A conflict between State and
Federal records retention requirements will result in the more stringent law being applied,such that
the record must be held for the longer duration. Any balance of unobligated Funds that have been
advanced or paid must be returned to the COUNTY. Any Funds paid exceeding the amount
SUBRECIPIENT is entitled to under the terms and conditions of this Agreement must be refunded
to the COUNTY. SUBRECIPIENT shall also produce records and information complying with
section 215.97,Florida Statutes,the Florida Single Audit Act.Closeout procedures must take place
in accordance with 2 CFR 200.344.
3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to,
discrimination under any activity carried out by the performance of this Agreement based on race,
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color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of
such discrimination,the COUNTY shall have the right to terminate this Agreement.
To the greatest extent feasible, lower-income residents of the project areas shall be given
opportunities for training and employment.Also,to the greatest extent practicable,eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. SUBRECIPIENT shall comply with Section 3 of
the Housing and Community Development Act of 1968.
3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS
ENTERPRISES
SUBRECIPIENT will use its best efforts to afford small businesses and minority and women's
business enterprises the maximum practicable opportunity to participate in the performance of this
Agreement.As used in this Agreement,the term "small business"means a business that meets the
criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and
"minority and women's business enterprise"means a business that is at least 51 percent owned and
controlled by minority group members or women. For the purpose of this definition, "minority
group members" are Black Americans, Hispanic Americans , Asian/PacificAmericans, Native
Americans,and Hasidic Jews. SUBRECIPIENT may rely on written representations by businesses
regarding their status as minority and women's business enterprises, in lieu of an independent
investigation.
3.18 PROGRAM BENEFICIARIES
If the Agreement is meeting a National Objective through an LMI strategy, at least 51 percent of
the beneficiaries of a project Funded through this Agreement must be low- and moderate-income
persons, or presumed to be low- to moderate-income persons based on applicable regulation.
Determination of income eligibility is based on the annual income of the family or household.This
Agreement conforms to the definition of Annual Income, per 24 CFR 570.3(1)(i), where Annual
income is defined under the Section 8 Housing Assistance Payments. Details for calculating the
Annual Income are contained in 24 CFR 5.609, with practical instructions contained in HUD
Handbook 4350.3, Chapter 5.
If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries
countywide,more than 30 percent of the beneficiaries directly assisted under this Agreement must
reside in unincorporated Collier County or in municipalities participating in the COUNTY's Urban
County Qualification Program. The project shall assist beneficiaries as defined above for the time
period designated in Exhibit C of this Agreement.
3.19 AFFIRMATIVE ACTION
SUBRECIPIENT agrees that it is committed to carrying out an Affirmative Action Program
pursuant to the COUNTY'S specifications,in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966. Prior to the award of funds,SUBRECIPIENT shall
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submit for approval a plan for an Affirmative Action Program. The Affirmative Action Program
must be updated throughout the continued use period and submitted to the COUNTY within 60
days of any update/modification.SUBRECIPIENT contracting officer will send to each labor union
or representative of workers with which it has a collective bargaining agreement or other contract
or understanding, a notice advising the labor union or worker's representative of the
SUBRECIPIENT's commitments hereunder; and shall post copies of the notice in conspicuous
places available to all employees and applicants for employment.
3.20 CONFLICT OF INTEREST
SUBRECIPIENT covenants that no person under its employ,who presently exercises any functions
or responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree
with the performance of this Agreement;and that no person having any conflict of interest shall be
employed or subcontracted by SUBRECIPIENT. SUBRECIPIENT covenants that it will comply
with all provisions of 24 CFR 570.611 "Conflict of Interest," 2 CFR 200.318, and the State and
County statutes, regulations,ordinances,or resolutions governing conflicts of interest.
SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person,or an entity
owned or controlled in whole or in part by SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval
of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not
intended to limit SUBRECIPIENT'S ability to self-manage the projects using its own employees.
Any possible conflict of interest on the part of SUBRECIPIENT, its employees, or its contractors
shall be disclosed to CHS in writing, provided however, that this paragraph shall be interpreted in
such a manner so as not to unreasonably impede the statutory requirement that maximum
opportunity be provided for employment of and participation of low- and moderate-income
residents of the project target area.
3.21 BYRD ANTI-LOBBYING AMENDMENT
Each tier certifies that the tier above it will not, and has not, used Federally appropriated funds to
pay any person or organization for influencing or attempting to influence the award of Federal
funds, as covered by 31 USC 1352, and more fully described in Section 4.46 of this Agreement.
Contractors who apply or bid for an award of$100,000 or more shall file the required certification.
3.22 RELIGIOUS ORGANIZATIONS
CDBG Funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 570.200(j).
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows:
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A. It will not discriminate against any employee or applicant for employment and will not
limit employment or give preference in employment to persons based on religion.
B. It will not discriminate against any person applying for public services and will not limit
such services or give preference to persons based on religion.
C. It will retain its independence from Federal, State, and Local governments and may
continue to carry out its mission, including the definition, practice, and expression of its
religious beliefs, provided it does not use direct CDBG Funds to support any inherently
religious activities, such as worship,religious instruction, or proselytizing.
D. The Funds shall not be used for the acquisition,construction,or rehabilitation of structures
to the extent that those structures are used for inherently religious activities. Where a
structure is used for both eligible and inherently religious activities,CDBG Funds may not
exceed the cost of those portions of the acquisition, construction,or rehabilitation that are
attributable to eligible activities, in accordance with the cost accounting requirements
applicable to CDBG Funds in this part. Sanctuaries, chapels, or other rooms that a CDBG
funded religious congregation uses as its principal place of worship,however,are ineligible
for CDBG funded improvements.
3.23 INCIDENT REPORTING
If SUBRECIPIENT provides services to clients under this Agreement, SUBRECIPIENT and any
subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect,
or exploitation of a child, aged person,or disabled person.
During the term of this Agreement, SUBRECIPIENT must report to the COUNTY in writing,
within one business day of occurrence,any substantial,controversial,or newsworthy incidents.The
Collier County Standard Subrecipient Incident Report Form shall be used to report all such
incidents.
3.24 SEVERABILITY
Should any provision of this Agreement be determined unenforceable or invalid, such
determination shall not affect the validity or enforceability of any other section or part thereof.
3.25 MISCELLANEOUS
SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives,
and assigns of such other party in respect to all covenants of this Agreement.
SUBRECIPIENT represents and warrants that the financial data, reports, and other information it
furnished to the COUNTY regarding the Project are accurate and complete, and financial
disclosures fairly represent the financial position of SUBRECIPIENT.
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SUBRECIPIENT understands that client information collected under this Agreement is private and
the use or disclosure of such information, when not directly connected with the administration of
the COUNTY's or SUBRECIPIENT's responsibilities with respect to services provided under this
Agreement,is prohibited unless written consent is obtained from such person receiving service and,
in case of a minor,that of a responsible parent/guardian.
SUBRECIPIENT certifies that it has the legal authority to receive the Funds under this Agreement
and its governing body has authorized the execution and acceptance of this Agreement. The
SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and
bind SUBRECIPIENT to the terms of this Agreement.
The section headings and subheadings contained in this Agreement are included for convenience
only and shall not limit or otherwise affect the terms of this Agreement.
The Grant Documents shall be construed in accordance with and governed by the laws of the State
of Florida,without giving effect to its provisions regarding choice of laws.
All activities authorized by this Agreement shall be subject to and performed in accordance with
the provisions of the terms and conditions of the Agreement between the COUNTY, the
Regulations,all applicable Federal, State,and Municipal laws,ordinances,regulations,orders,and
guidelines, including but not limited to any applicable regulations issued by HUD.
Electronic Signatures. This Agreement,and related documents entered into in connection with this
Agreement, are signed when a parry's signature is delivered by facsimile, e-mail, or any other
electronic medium. These signatures must be treated in all respects as having the same force and
effect as original signatures.
3.26 WAIVER
The COUNTY's failure to act with respect to a breach by SUBRECIPIENT does not waive its right
to act with respect to subsequent or similar breaches.The COUNTY'S failure to exercise or enforce
any right or provision shall not constitute a waiver of such right or provision.
Remainder of Page Intentionally Left Blank
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Tit1e24/24cfr570 main O2.tp1
4.2 24 CFR 58-The regulations prescribing the Environmental Review procedure.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=1 acdb92f3bO5c3f285dd76c26d 14f54e&mc=true&node=pt24.1.58&rgn=div5
Resource Conservation and Recovery Act(RCRA). Under RCRA codified at 42 USC 6962, state
and local institutions of higher education,hospitals,and non-profit organizations that receive direct
Federal awards or other Federal Funds shall give preference in their procurement programs funded
with Federal funds to the purchase of recycled products pursuant to the EPA guidelines.
Summary of the Resource Conservation and Recovery Act I US EPA
4.3 Hatch Act: The SUBRECIPIENT shall comply with the Hatch Act, 5 USC 1501-1508 and shall
ensure that no funds provided, nor personnel employed under this Agreement, shall be in any way
or to any extent engaged in the conduct of political activities in violation of Chapter 15 Title V of
the USC Federal Register : Political Activity-State or Local Officers or Employees; Federal
Employees Residing in Designated Localities; Federal Employees
4.4 Section 104(d)and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended Section 109 of the HCD Act of 1974 1 HUD.gov/U.S. Department of Housing
and Urban Development(HUD)
Section 1O4(d)of the Housing and Community Development Act of 1974,as amended(see 42 USC
5304(d))-HUD Exchange
4.5 The Fair Housing Act(42 U.S.C. 3601-20)Reasonable Accommodations Under the Fair Housing
Act. https://www.hud.gov/sites/documents/DOC_7771.PDF
https://www.justice.gov/crt/fair-housing-act-1
Executive Order 11063—Equal Opportunity in Housing https://www.archives.gov/federal-
register/codification/executive-order/11063.html
Executive Order 11259-Leadership&Coordination of Fair Housing in Federal Programs
https://www.archives.gov/federal-register/codification/executive-order/12259.html
24 CFR Part 107-Non-Discrimination and Equal Opportunity in Housing under E.O.
https://www.law.comell.edu/cfr/text/24/part-107
Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as
amended https://www.hud.gov/programdescription/title6
This Agreement is subject to 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other
transfer of land acquired, cleared, or improved with assistance provided under this Agreement,
SUBRECIPIENT shall cause or require a covenant running with the land to be inserted in the deed
or lease of such transfer, prohibiting discrimination herein as defined, in the sale, lease, or rental,
or in the use or occupancy of such land, or in any improvements erected or to be erected thereon,
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providing that the COUNTY and the United States are beneficiaries of and entitled to enforce such
covenants. SUBRECIPIENT, in undertaking its obligation to carry out the program assisted
hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not
itself so discriminate.
4.6 Title IX of the Education Amendments of 1972, as amended, 20 USC 1681, which prohibits
discrimination on the basis of sex in educational programs
Title IX Of The Education Amendments Of 1972 (justice.gov)
4.7 The Temporary Assistance for Needy Families Program(TANF)45 CFR Parts 260-265,the Social
Services Block Grant 42 ISC 1397d and other applicable federal regulations and policies
promulgated thereunder.
Temporary Assistance for Needy Families I Benefits.gov
eCFR: 45 CFR Part 260--General Temporary Assistance for Needy Families(TANF) Provisions
The Pro-Children Act: Contractor agrees to comply with the Pro-Children Act of 1994, 20 USC
6083. Pro-Children Act Of 1994 I Legislation j US Encyclopedia of law(lawi.us)
4.8 Public Announcements and Advertising: When issuing statements, press releases, requests for
proposals,bid solicitations,and other documents describing projects or programs Funded in whole
or in part with Federal money, SUBRECIPIENTshall clearly state (1) the percentage of the total
costs of the program or project which will be financed with Federal money, (2)the dollar amount
of Federal funds for the project or program,and(3)percentage and dollar amount of the total costs
of the project or program that will be financed by nongovernmental sources.
4.9 Purchase of American-Made Equipment and Products: SUBRECIPIENT assures that, to the
greatest extent practicable,all equipment and products purchased with funds made available under
this Agreement will be American-made.
4.10 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
https://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vol3/pdf/CFR-2007-title24-vol3-secs 70-
6O2.pdf
4.11 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations. EO 11246:
https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended
EO 11375 and 12086: see item#8 below
4.12 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972, 42 USC § 20OOe, et. seq. SUBRECIPIENT will, in all solicitations or advertisements for
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employees placed by or on behalf of SUBRECIPIENT, state that it is an Equal Opportunity or
Affirmative Action employer.
Title VII of the Civil Rights Act of 1964 I U.S. Equal Employment Opportunity Commission
(eeoc.gov)
4.13 24 CFR 75 — Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD
Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 75, and all
applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a
condition of the Federal financial assistance provided under this Agreement and binding upon the
COUNTY, the SUBRECIPIENT, and any of the SUBRECIPIENT'S Subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT and any of the SUBRECIPIENT'S subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through which Federal
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
SUBRECIPIENT further agrees to comply with these"Section 3"requirements and to include the
following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a program providing
direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended(12 U.S.C. 1701). Section 3 requires,
to the greatest extent feasible,opportunities for training and employment be given to low-and very
low-income residents of the project area,and that contracts for work in connection with the project
be awarded to business concerns that provide economic opportunities for low-and very low-income
persons residing in the metropolitan area in which the project is located."
Section 3 requires 25 percent of the total labor hours must be worked by Section 3 workers
and 5 percent of the total labor hours must be worked by Targeted Section 3 workers. If
SUBRECIPIENT is unable to meet these benchmarks,efforts taken to meet the requirements
must be described. Examples include held job fairs, conduct on the job training, outreach
efforts to public housing residents,and connecting residents to supportive services.
SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising
in connection with a housing rehabilitation(including reduction and abatement of lead-based paint
hazards),housing construction,or other public construction project are given to low-and very low-
income persons residing within the metropolitan area in which the CDBG-Funded project is
located; where feasible, priority should be given to low-and very low-income persons within the
service area of the project or the neighborhood in which the project is located,and to low-and very
low-income participants in other HUD programs; and award contracts for work undertaken in
connection with a housing rehabilitation (including reduction and abatement of lead-based paint
hazards), housing construction, or other public construction project to business concerns that
provide economic opportunities for low- and very low-income persons residing within the
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metropolitan area in which the CDBG-Funded project is located;where feasible,priority should be
given to business concerns that provide economic opportunities to low- and very low-income
residents within the service area or the neighborhood in which the project is located, and to low-
and very low-income participants in other HUD programs.
https://www.hud.gov/sites/documents/DOC_12047.PDF
SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would
prevent compliance with these requirements.
https://www.ecfr.gov/current/title-24/subtitle-A/part-75
4.14 SUBRECIPIENT shall not assign or transfer any interest in this Agreement without the prior
written consent of the COUNTY thereto; provided, however, that claims for money due or to
become due to SUBRECIPIENT from CHS under this Agreement may be assigned to a bank,trust
company, or other financial institution without such approval. Notice of any such assignment or
transfer shall be furnished promptly to CHS.
4.15 Age Discrimination Act of 1975,Executive Order 11063, and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107, and 12086.
Age Discrimination Act of 1975
https://www.law.comell.edu/uscode/text/42/chapter-76
11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.htm
11375: Amended by EO 11478
11478: https://www.archives.gov/federal-register/codification/executive-order/11478.html
12107: https://www.archives.gov/federal-register/codification/executive-order/12107.html
12086: https://www.archives.gov/federal-register/codification/executive-order/12086.html
4.16 Contract Work Hours and Safety Standards Act,40 USC 327-332.
https://www.dol.gov/whd/regs/statutes/safe01.pdf
4.17 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5),24 CFR 570.614 Subpart K.
Section 504: https://www.epa.gov/ocr
29 USC 776: https://law.onecle.com/uscode/29/776.html
24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614
4.18 The Americans with Disabilities Act of 1990:
https://www.hug.gov/program offices/fair housing equal opp
Americans with Disabilities Act of 1990,As Amended[ADA.gov
4.19 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
https://www.fhwa.dot.gov/real_estate/uniform_act/index.cfm
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4.20 29 CFR Parts 3 and 5 -Regulations that prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all
construction contracts funded by CDBG.
Davis-Bacon Act: 40 USC 276a to 40 USC 276a-5:
40 U.S.C. 276a - https://www.govinfo.gov/app/details/USCODE-2001-title40/USCODE-2001-
title40-chap3-sec276a/context
29 CFR Part 3 -Contractors and Subcontractors on public building or Public Work Financed, in
whole or in part,by Loans or Grants from the United States
https://www.law.cornell.edu/cfr/text/29/part-3
29 CFR Part 5 -Labor Standards Provisions Applicable to Contracts Covering Federally Financed
and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract
Work Hours and Safety Standards Act)
https://www.law.cornel l.edu/cfr/text/29/part-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally
assisted projects. https://www.presidencv.ucsb.edu/ws/index.php?pid=23675
4.21 As a supplement to the Davis-Bacon Act requirements,the SUBRECIPIENT agrees to comply with
the "Copeland Anti-Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or
subcontractors from inducing an employee to relinquish any part of his/her compensation, under
the federally-funded contract.
18 U.S.C. 874 https://www.govinfo.gov/content/pkg/USCODE-2021-title18/pdf/USCODE-2021-
title 18-partI-sec874/context
40 U.S.C. 276c https://www.govinfo.gov/app/details/USCODE-2001-title40/USCODE-2001-
title40-chap3-sec276a/context
4.22 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 -which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise.
https://www.archives.gov/federal-register/codification/executive-order/11625.html
4.23 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws,regulations,and executive orders referenced in 24 CFR 570.607,as
revised by Executive Order 13279.The applicable non-discrimination provisions in Section 109 of
the Housing and Community Development Act(HCDA)are still applicable.
24 CFR 570.607:
https://www.ecfr.gov/cgi-bin/text-
idx?SID=9eae3f8eaa991 f0411 f383b74003bcb 1&mc=true&node=pt24.3.570&rgn=div5#se24.3.5
70 1607
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E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm
4.24 Public Law 100-430-the Fair Housing Amendments Act of 1988.
STATUTE-102-Pg1619.pdf(govinfo.gov)
4.25 2 CFR 200 et seq-Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title02/2cfr200 main 02.tpl
4.26 2 CFR 200.216 — Prohibition on certain telecommunications and video surveillance services or
equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or
grant funds to: 1)procure or obtain;2)extend or renew a contract to procure or obtain;3)enter into
a contract(or extend or renew a contract)to procure or obtain equipments,services,or systems that
use(s) covered telecommunications equipment or services as a substantial component of any
system,or as critical technology as part of any system.
4.27 Immigration Reform and Control Act of 1986
S.1200-99th Congress(1985-1986): Immigration Reform and Control Act of 1986
Congress.gov l Library of Congress
4.28 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE-
2010-title42/html/USCODE-2010-title42-chap85.htm
https://www.law.cornell.edu/uscode/text/42/chapter-85
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.govinfo.gov/content/pkg/USCODE-2011-title33/pdf/USCODE-2011-title33-
chap26.pdf
https://www.law.cornell.edu/uscode/text/33/chapter-26
4.29 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 570.605 Subpart K),the SUBRECIPIENT shall assure that for activities located in an
area identified by FEMA as having special flood hazards,flood insurance under the National Flood
Insurance Program is obtained and maintained. If appropriate,a letter of map amendment(LOMA)
may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said
flood insurance.
https://www.law.cornell.edu/cfr/text124/570.605
4.30 SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this Agreement shall be subject to the HUD Lead-Based Paint Poisoning
Prevention Act, found at 24 CFR 570.608, Subpart K. Lead-Based Paint-HUD Exchange
4.31 SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
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forth in 36 CFR Part 800,Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties,insofar as they apply to the performance of this Agreement.
https://www.achp.gov/sites/default/files/regulations/2017-02/regs-revO4.pdf
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, State, or Local historic property list.
4.32 SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with the
Drug-Free Workplace Act of 1988(41 USC 701).
https://www.gpo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-tit1e41-chap 10-
sec7O1
4.33 SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and the SUBRECIPIENT shall not knowingly
enter into any lower tier contract, or other covered transaction, with a person who is similarly
debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609,
Subpart K.
https://www.archives.gov/federal-register/codification/executive-order/12549.htm1
4.34 SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable and
agrees to adhere to the accounting principles and procedures required therein, utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred. These
requirements are enumerated in 2 CFR 200, et seq.
4.35 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be
submitted to the COUNTY nine(9)months after the end of the SUBRECIPIENT'S fiscal year.The
SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty(180)days after the end of the SUBRECIPIENT'S
fiscal year.Per 2 CFR 200.345,if this Agreement is closed out prior to the receipt of an audit report,
the COUNTY reserves the right to recover any disallowed costs identified in an audit after such
closeout.
eCFR :: 2 CFR Part 200 Subpart F —Audit Requirements
4.36 Any real property acquired by the SUBRECIPIENT for the purpose of carrying out the projects
stated herein and approved by the COUNTY, in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101,shall be subject
to the provisions of CDBG including, but not limited to, the provisions on use and disposition of
property. Any real property within SUBRECIPIENT control, which is acquired or improved, in
whole or part, with CDBG funds in excess of$25,000, must adhere to the CDBG Regulations at
24 CFR 570.505. SUBRECIPIENT agrees to comply with the requirements of 24 CFR 570.606 c
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governing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d)
of the HCD Act; and the requirements in 24 CFR 570.606 (d) governing optional relocation
policies. SUBRECIPIENT shall provide relocation assistance to displaced persons as defined by
24 CFR 570.606(b)(2)that are displaced as a direct result of acquisition,rehabilitation,demolition,
or conversion for a CDBG assisted project.SUBRECIPIENT also agrees to comply with applicable
COUNTY ordinances,resolutions, and policies concerning the displacement of persons from their
residences.
https://www.gpo.gov/fdsys/granule/CFR-1999-title49-vol l/CFR-1999-title49-vol l-sec24-101
https://www.govinfo.gov/app/detai is/CFR-2012-title24-vo13/CFR-2012-title24-vol3-sec570-505
4.37 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress,in connection with the awarding of any Federal contract,the making of any Federal grant,
the making of any Federal loan,the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions. The undersigned shall require that the language of
this certification be included in the award documents for all sub-awards at all tiers (including
subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
4.38 Travel reimbursement will be based on the U.S. General Services Administration(GSA)per diem
rates in effect at the time of travel. SUBRECIPIENT shall obtain written approval from CHS for
any outside travel outside the metropolitan area with funds provided under this Agreement.
https://www.gsa.gov/portal/content/104877
4.39 Equal access in accordance with the individual's gender identity in community planning and
development programs,per 24 CFR 5.106.
https://www.govregs.com/regulations/expand/title24part5_subpartA section5.106
4.40 Housing Counseling,including homeownership counseling or rental housing counseling,as defined
in§5.100,required under or provided in connection with any program administered by HUD shall
be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214
to provide housing counseling,consistent with 12 U.S.C. 1701x,per 24 CFR 5.111.
eCFR: 24 CFR Part 214 Subpart D-- Program Administration
https://www.law.comell.edu/cfr/text/24/5.1 1 1
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4.41 HUD Final Rule—Implementation of the Violence Against Women Reauthorization Act of 2013
which applies for all victims of domestic violence, dating violence, sexual assault, and stalking,
regardless of sex, gender identity, or sexual orientation, and which must be applied consistent
with all nondiscrimination and fair housing requirements.
https://www.federalregister.gov/documents/2016/1 1/16/2016-25 888/violence-against-wom en-
reauthorization-act-of-2013-implementation-in-hud-housing-programs
4.42 Any rule or regulation determined to be applicable by HUD.
4.43 Limited English Proficiency: SUBRECIPIENT agrees to take reasonable steps to provide
meaningful access to the program/project and activities funded under this Agreement for persons
with limited English proficiency pursuant to information located at http://www.lep.gov.
4.44 Equal Treatment of Faith-Based Organizations: By regulation, HUD prohibits all recipient
organizations from using financial assistance from HUD to fund explicitly religious activities. The
SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see
https://oip.gov/about/ocr/partnerships.htm. Discrimination on the basis of religion in employment
is generally prohibited by federal law,but the Religious Freedom Restoration Act is interpreted on
a case-by-case basis to allow some faith-based organizations to receive HUD funds while taking
into account religion when hiring staff.Questions in this regard should be directed to the Office for
Civil Rights.
4.45 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records
in the employment context,except when specifically authorized. SUBRECIPIENT agrees to avoid
the misuse of arrest or conviction records to screen applicants for employment or employees for
retention or promotion that may have a disparate impact based on race or national origin,resulting
in unlawful employment discrimination unless use is otherwise specifically authorized by law. See
https://ojp.gov/about/ocr/pdfs/UseofConviction_Advisory.pdf for more details.
4.46 Byrd Anti-Lobbying Amendment(31 U.S.C. § 1352): The SUBRECIPIENT will not use and has
not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress,an officer or employee of Congress,or an employee of a member of Congress
in connection with obtaining any federal contract, grant, or any other award or subaward covered
by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes
place in connection with obtaining any federal award or subaward. Such disclosures are forwarded
from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying
restrictions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its
officers, employees and its subcontractors hereunder comply with all applicable local, state, and
federal laws and regulations governing advocacy of and appearances before any legislative body.
None of the funds provided under this Agreement shall be used for publicity or propaganda
purposes designed to support or defeat any legislation pending before local, state, or federal
legislatures.
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31 U.S.C. 1352 - Limitation on use of appropriated funds to influence certain Federal contracting
and financial transactions - Document in Context - USCODE-2010-title31-subtitlell-chap 13-
subchaplll-sec 1352(govinfo.gov)
31 U.S. Code § 1352 - Limitation on use of appropriated funds to influence certain Federal
contracting and financial transactions I U.S. Code I US Law I LII / Legal Information Institute
(cornell.edu)
4.47 False Claim; Criminal,or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any
credible evidence that a principal,employee,agent,contractor, subgrantee,subcontractor, or other
person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery,
gratuity, or similar misconduct involving subaward agreement funds
18 U.S.Code§ 1001 -Statements or entries generally I U.S.Code 1 US Law I LII/Legal Information
Institute(cornell.edu)
Beneficiaries are subject to this False Claims Act that include the following:31 U.S.C.3729-False
claims - Document in Context - USCODE-2010-title3l-subtitlelll-chap37-subchaplll-sec3729
(govinfo.gov)
31 U.S. Code § 3729 - False claims I U.S. Code f US Law I LII / Legal Information Institute
(cornell.edu)
4.48 Political Activities Prohibited: None of the Funds provided directly or indirectly under this
Agreement shall be used for any political activities or to further the election or defeat of any
candidates for public office. Neither this Agreement nor any Funds provided hereunder shall be
utilized in support of any partisan political activities or activities for or against the election of a
candidate for an elected office.
4.49 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD encourages
recipients and subrecipients to adopt and enforce policies banning employees from text messaging
while driving any vehicle during the course of performing work funded by HUD and to establish
workplace safety policies and conduct education,awareness,and other outreach to decrease crashes
caused by distracted drivers.
Executive Order 13513 --Federal Leadership on Reducing Text Messaging while Driving]
whitehouse.gov(archives.gov)
4.50 Trafficking in Persons: SUBRECIPIENT agrees to, at any tier, comply with all applicable
requirements(including requirements to report allegations)pertaining to prohibited conduct related
to the trafficking of persons, whether on the part of the SUBRECIPIENT and any employees of
SUBRECIPIENT. The details of SUBRECIPIENT'S obligations related to prohibited conduct
related to the trafficking of persons are posted at:
https://oi p.gov/funding/Explore/ProhibitedConduct-Trafficking.htm.
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4.51 Association of Community Organizations for Reform Now (ACORN): SUBRECIPIENT
understands and acknowledges that it cannot use any Federal Funds,either directly or indirectly,in
support of any contract or subaward to either ACORN or its subsidiaries,without the express prior
written approval of HUD.
4.52 If SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment, or performance of experimental,
developmental, or research work under this funding agreement, SUBRECIPIENT must comply
with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations
and Small Busines Firms Under Government Grants,Contracts,and Cooperative Agreements,"and
any implementing regulations issued by HUD.
https://www.ecfr.gov/cgi-
bin/retrieveECFR?gp=&SID=aOO4b6bf2O934ace7a7I 7de761 dc64cO&mc=true&n=pt37.1.4O 1&r
=PART&ty=HTML
4.53 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give,
either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any
COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05, as amended,and County Administrative Procedure 5311.
Florida Statutes-
https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112.part iii
Collier County-
http://www.colliergov.net/home/showdocument?id=3 5137
4.54 Order of Precedence-In the event of any conflict between or among the terms of any of the Contract
Documents,the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except that the terms of any Supplemental Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
4.55 Venue-Any suit of action brought by either party to this Agreement against the other party,relating
to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in
Collier County,FL which courts have sole jurisdiction on all such matters. (No reference required
for this item).
4.56 Dispute Resolution-Prior to the initiation of any action or proceeding permitted by this Agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation, and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
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hereunder, the other party may obtain a court order requiring mediation under section 44.102,
Florida Statutes.The litigation arising out of this Agreement shall be adjudicated in Collier County,
Florida, if in state court; and the US District Court, Middle District of Florida, if in federal court.
BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
https://www.fl senate.gov/Laws/Statutes/2012/44.102
4.57 As provided in§287.133,Florida Statutes,by entering into this Agreement or performing any work
in furtherance hereof,the SUBRECIPIENT certifies that it,its affiliates, suppliers,subcontractors,
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.
This notice is required by § 287.133 (3)(a),Florida Statutes.
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search String=&UR
L=0200-0299/0287/Sections/0287.133.html
4.58 Florida Statutes section 448.095 Employment Eligibility.Per Florida Statute 448.095(3),all Florida
private employers are required to verify employment eligibility for all new hires beginning January
1, 2021. Eligibility determination is not required for continuing employees hired prior to January
1, 2021.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display Statute&URL=0400-
0499/0448/0448.html
4.59 Florida Statutes section 713.20,Part 1, Construction Liens
Statutes&Constitution :View Statutes : Online Sunshine(state.fl.us)
4.60 Florida Statutes section 119.021 Records Retention
Statutes& Constitution :View Statutes : Online Sunshine(state.fl.us)
4.61 Florida Statutes section 119.071, Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100-
0199/0119/Sections/01 19.071.html
4.62 ENTIRE AGREEMENT This Agreement constitutes the entire agreement between COUNTY
and SUBRECIPIENT for the use of Funds received under this Agreement and it supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral, or written
between COUNTY and SUBRECIPIENT with respect to this Agreement.
(Signature Page to Follow)
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IN WITNESS WHEREOF,the SUBRECIPIENT and COUNTY, have each respectively, by an
authorized person or agent, hereunder set their hands and seals on the date first written above.
AS TO COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By: ..�
VV uu Att �Salffila /24
RICK LOCASTRO, CHAIRPERSON
-�f sIcOlture nrlV.
Dated: r D .L3, Date: 1 (
n ,r
A 5 r
W[` E) S ,,, '' �4` r' AS TO SUBRECIPIENT:
SUNRISE COMMUNITY OF SOUTHWEST
itness #1 Signature FLORIDA, INC.
1--1)(&/LL,t,rn O • By:
Witnes • 1 Printe.,r . ZACH RAY, - IDE ' &CEO
Z.
'itnes • Signa . e Date: ?/4 (Z3
/� / [Please provide evidence of-signing authority,
Wi ness#2 • inted N.me e.g corporate resolution or secretary's certificate]
Approved as to form and legality:
n)
O
Derek D. Perry \rL <r10
Assistant County Attorney Cod417O
Date: 7 f f l J 21 A\
s, � t ��t�� :�� � ,i ,,r it. •. +'-t
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PART V
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County,c/o Community and Human Services Division,3339
Tamiami Trail East, Suite 213, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440,Florida Statutes.
2. Commercial General Liability, including products and completed operations insurance, in the
amount of$1,000,000 per occurrence and$2,000,000 aggregate.Collier County must be shown as
an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement, in an amount not less than$1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1—3 above,a Certificate of Insurance must be provided as follows:
4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out of the
services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this Agreement. This insurance shall be maintained for a period of two (2) years
after the certificate of Occupancy is issued.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its
Subcontractors to provide, original certificates indicating the following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an"All Risk"basis, in an amount not less than one
hundred(100%)percent of the insurable value of the building(s)or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4001),
the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal
Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under
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the National Flood Insurance Program is obtained and maintained, as a condition of financial
assistance for acquisition or construction purposes(including rehabilitation).
OPERATION/MANAGEMENT PHASE(IF APPLICABLE)
After the Construction Phase is completed and occupancy begins,the following insurance must be kept in
force throughout the duration of the loan and/or Agreement:
7. Workers' Compensation as required by Chapter 440,Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
10. Property Insurance coverage on an"All Risk"basis,in an amount not less than one hundred(100%)
of the replacement cost of the property.Collier County must be shown as a Loss payee,with respect
to this coverage A.T.I.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full
replacement values of the structure(s) or the maximum amount of coverage available through the
National Flood Insurance Program(NFIP). The policy must show Collier County as a Loss Payee
A.T.I.M.A.
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EXHIBIT B
COLLIER COUNTY COMMUNITY& HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SUBRECIPIENT Name: Sunrise Community of Southwest Florida, Inc.
SUBRECIPIENT Address: 9040 Sunset Drive, Miami,FL 33173
Project Name: Free To Be Me-Transportation Program
Project No: PS 23-01_ Payment Request#
Total Payment Minus Retainage
Period of Availability: 10/01/2023 _through 09/30/2024
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
Subrecipient CHS Approved
1. Grant Amount Awarded $ $
2. Total Amount of Previous Requests $ $
3. Amount of Today's Request(Total expenditures this $ $
period minus retainage, if applicable)
4.Current Grant Balance(Grant Amount minus previous $ $
requested minus today's request)
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT.To the best of my knowledge and belief,
all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor(Approval required$14,999 and Division Director(Approval Required
below) $15,000 and above)
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EXHIBIT C
QUARTERLY PERFORMANCE REPORT DATA
The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement
and Information System(IDIS). The COUNTY reports information on a quarterly basis. To facilitate in the
preparation of such reports,SUBRECIPIENT shall submit the information contained herein within ten(10)
days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to
enter the information collected on this exhibit into an online grant management system.
Subrecipient Name: Sunrise Community of Southwest Date:
Florida,Inc.
Project Title: Free-To-Be-Me-Transportation Services IDIS#:
Program Contact: PS23-01 Telephone Number:
Activity Reporting Period Report Due Date
October 1st—December 31 st January 10th
January 1"—March 31' April 10th
April 1"—June 30th July 10th
July 1"—September 30th October 10th
REPORT FOR QUARTER ENDING:(check one that applies to the corresponding grant period):
012/31/20 ❑3/31/20 ❑6/30/20 ❑ 9/30/20 Final / /20_
Please note: The HUD Program year begins October 1,20_—September 30,20_.Each quarterly report must include
cumulative data beginning from the start of the program year October I,20XX.
1. Please list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement and indicate your
progress in meeting those goals since October 1,20_.
a. Outcome Goals: list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement
Outcome 1: 45 or more adult persons with disabilities will benefit from transportation services
Outcome 2: Maintain 90%of program and administrative staff and driver positions to deliver the transportation
program.
Outcome 3: 51%of the persons served are low to moderate income and/or presumed
b. Goal Progress: Indicate the progress to date in meeting each outcome goal.
Outcome 1:
Outcome 2:
Outcome 3:
2. Is this project still in compliance with the original project schedule: Yes ❑ No ❑
If No,Explain:
3. Since October 1,20_;of the persons assisted,how many...
Answer ONLY for Public Facilities&Infrastructure Activities *03 Matrix Codes
a. ...now have new access(continuing)to this service or benefit? 0
b. ...now have improved access to this service or benefit? 0
c. ...now receive a service or benefit that is no longer substandard? 0
Total 0
4. What funding sources did the SUBRECIPIENT apply for this period?
Section 108 Loan Guarantee $ CDBG $
Other Consolidated Plan Funds $ HOME $
Other Federal Funds $ ESG $
$ HOPWA $
$ Total Entitlement $
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Funds
5. What is the total number of UNDUPLICATED Persons(LMC)or Households(LMH)served this QUARTER,if
applicable? Answer question 5a or 5b;NOT both
For LMC activities: people,race/ethnicity,and income data are reported by persons.
For LMH activities: households,race/ethnicity,and income level are reported by households,regardless
the number of persons in the household.
a. Total No.Persons/Adults served(LMC) 0 Total No.persons served under 18 0
(LMC)
Quarter Total No.of Persons 0 Quarter Total No.of Persons 0
b. Total No.of Households served 0 Total No.of female head of household 0
(LMH)
6. What is the total number of UNDUPLICATED clients served since October, if applicable?
Answer question 6a or 6b,NOT both
For LMC activities:race/ethnicity and income data are reported by persons.
a. Total No.Persons/Adults served(LMC) 0 Total No.Persons served under 18 0
(LMC)
YTD Total: _ 0 YTD Total 0
b. Total No.Households served(LMH) 0 Total No.female head of household(LMH) 0
YTD Total 0 YTD Total 0
Complete EITHER question 7 or 8,NOT both
Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed
Benefit categories.
7. PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY
(LMC)Quarter (LMC)YTD
Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED
served this quarter who fall into each presumed benefit persons served since October 1 who fall into each
category(the total should equal the total in question #6a presumed benefit category(the total should equal the
or 6b): total in question#6a or 6b):
a Presumed Benefit Activities Only(LMC)QTR b Presumed Benefit Activities Only(LMC)YTD
0 Abused Children ELI 0 Abused Children ELI
0 Homeless ELI 0 Homeless Person ELI
Person
0 Migrant Farm LI 0 Migrant Farm Workers LI
Workers
0 Battered LI 0 Battered Spouses LI
Spouses
0 Persons LI 0 Persons w/HIV/AIDS LI
w/HIV/AIDS
0 Elderly Persons LI or MOD 0 Elderly Persons LI or
MOD
0 Illiterate Adults LI 0 Illiterate Adults LI
0 Severely LI 0 Severely Disabled Adults LI
Disabled Adults
0 Quarter Total 0 YTD Total
8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category.
Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range
Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED
served this Quarter who fall into each income category persons served since October 1 (YTD)who fall into
(the total should equal the total in question#6): each income category(the total should equal the total
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in question #6):
a ELI Extremely Low Income(0-30%) 0 b ELI Extremely Low 0
Income(0-30%)
LI Low Income(31-50%) 0 LI Low Income 0
MOD Moderate Income(51-80%) 0 MOD Moderate Income 0
(51-80%)
NON-L/M Above Moderate Income(>80%) 0 NON-L/M Above Moderate 0
Income(>80%)
Quarter Total 0 YTD Total 0
9. Is this project in a Low/Mod Area(LMA)? YES NO
Was project completed this quarter? YES NO , If yes, complete all of this section 9.
Date project completed
Block Group Census Tract Total Beneficiaries Low/Mod Low/Mod Percentage
Beneficiaries
0 0 0 0 0
Date LMA Narrative approved by CHS?
What documentation supports project completion? (i.e.,
Certificate of Completion or Certificate of Occupancy,
etc.)
10. Racial&Ethnic Data(if applicable)
Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients
clients served this Quarter fall into each race served since October(YTD)fall into each race category.In
category.In addition to each race category,please addition to each race category please indicate how many
indicate how many persons in each race category persons in each race category consider themselves
consider themselves Hispanic. (Total Race column Hispanic. (Total Race column should equal the total in
should equal the total in question 6.) question 6.)
a. RACE ETHNICITY b. RACE ETHNICITY
/HISPANIC /HISPANIC
White 0 0 White 0 0 -
Black/African American 0 0 Black/African American 0 0
Asian 0 0 Asian 0 0
American Indian/Alaska Native 0 0 American Indian/Alaska 0 0
Native
Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific 0 0
Islander
Black/African American&White 0 0 Black/African American& 0 0
White
American Indian/Alaska Native& 0 0 American Indian/Alaska 0 0
Black/African American Native&Black/African
American
Other Multi-racial 0 0 Other Multi-racial 0 0
0 0 0 0
I hereby certify the above information is true and accurate.
Name:
Signature:
Title:
Your typed name here represents your electronic signature
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC.
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EXHIBIT C-1
Community Development Block Grant(CDBG)
Leveraged Funds Report
Leveraged Funds must be identified, tracked, and verifiable. Resources must be fully identified and
described as submitted with SUBRECIPIENT's application.
Subrecipient Name:
Report Period:
Fiscal Year:
Contract Number:
Program:
Contact Name:
Contact Number:
Leveraged Funds
See EXAMPLE below for how to complete this form.
Source Amount Type Use
Total Project Cost Ratio:
EXAMPLE
Source Amount Type Use
CDBG $1,000,000 Other Federal Land Acquisition
Funds
HOME $870,000 Federal Funds Infrastructure
Private Donation $1,200,000 Cash& In-Kind Infrastructure
Philanthropic $3,500,000 Cash—local funds 52 units Affordable Housing
Total Project Cost $6,570,000 Ratio: $1 Federal Dollar $2.51 Local
Funds
Signature Page to Follow
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I hereby certify the above information is true and accurate.
Signature: Date:
Printed Name:
Title:
Your typed name here represents your electronic signature.
SUNRISE COMMUNITY OF SOUTHWEST FLORIDA,INC
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EXHIBIT D
INCOME CERTIFICATION
INSTRUCTIONS
Complete this form and retain appropriate supporting documentation proving CDBG assistance to an
eligible beneficiary. Please retain in your organization's records and have on hand for future monitoring
visits.
Effective Date:
A. Household Information
Member Names—All Household Members Relationship Age
7
4
5
6
7
8
B. Assets: All Household Members, Including Minors
Member Asset Description Cash Value Income
from Assets
1
2
3
4
5
6
7
8 0.00
Total Cash Value of Assets B(a) 0.00
Total Income from Assets B(b) 0.00
If line B(a) is greater than $5.000,multiply that amount by the rate specified
by HUD(applicable rate 0 .06%)and enter results in B(c).otherwise leave
blank. B(c)
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C. Anticipated Annual Income: Includes Unearned Income and Support Paid on
Behalf of Minors
Member Wages/ Benefits/ Public Other Asset
Salaries Pensions Assistance Income Income
(include tips,
commissions, (Enter the
bonuses,and greater of
overtime) box B(b)or
1 box B(c).
2 above, in
3 box C(e)
below)
5
6
7
8
Totals (a) (b) (c) (d) (e)
0.00 0.00 0.00 0.00
Enter total of items C(a)through C(e). 0.00
This amount is the Annual Anticipated Household Income.
D. Recipient Statement: The information on this form is to be used to determine maximum
income for eligibility. I/we have provided. for each person set forth in Item A. acceptable
verification of current and anticipated annual income. Uwe certify that the statements are true
and complete to the best of my/our knowledge and belief.and are given under penalty of perjury.
WARNING: Florida Statutes Chapter 817. U.S.C. § 1001 and 31 U.S.0 § 3729 provides that willful
false statements or misrepresentations concerning income and assets or liabilities relating to financial
condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided
under Sections 775.082 and 775.083. Florida Statutes. 3 I U.S.C. 3729 - False claims - Document in
Context- USCODE-2010-title3 I-subtitleill-chap3 7-subchaplll-sec3729(govinfo.gov)
Signature of Head of Household Date
Signature of Spouse or Co-Head of Household Date
Adult Household Member(if applicable) Date
Adult Household Member(if applicable) Date
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E. CDBG Grantee Statement: Based on the representations herein. the family or individual(s)
named in Item A of this Income Certification is/are eligible under the provisions of the
CDBG Program. The family or individual(s)constitute(s)a:
❑ Extremely Low-Income (ELI) Household means and individual or family whose annual income
does not exceed 30/50t of the Very Low-Income (60 percent of VLI) percent of the area median
income as determined by the U.S. Department of Housing and Urban Development with
adjustments for household size. (Maximum Income Limit$ ).
❑ Very Low-Income (VLI) Household means and individual or family whose annual income does
not exceed 50 percent of the area median income as determined by the U.S.Department of Housing
and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
❑ Low-Income (LI) Household means and individual or family whose annual income does not
exceed 80 percent of the area median income as determined by the U.S. Department of Housing
and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
Based on the (year) income limits for the Naples-Marco Island Metropolitan
Statistical Area(MSA)of Collier County. Florida.
Signature of the CDBG Administrator or His/Her Designated Representative:
Signature Date
Printed Name Title
F. Household Data
Number of Persons
By Race/ Ethnicity By Age
American Native Other
Indian Asian Black Hawaiian White 0—25 26—40 41 —61 62+
or Other
Pac.
Hispanic
Non-
Hispani
NOTE: Information concerning the race or ethnicity of the occupants is being gathered for statistical
use only. No beneficiary is required to give such information, and refusal to give such information
will not affect any right he or she has to the CDBG program.
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EXHIBIT E
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients
are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate
documentation is provided regarding the organization's compliance. In determining Federal awards expended in a fiscal year,
the subrecipient must consider all sources of Federal awards,based on when the activity related to the Federal award occurs,
including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be
in accordance with the guidelines established by 2 CFR Part 200, Subpart F—Audit Requirements.This form may be used to
monitor Florida Single Audit Act(Statute 215.97)requirements.
Subrecipient Sunrise Community of Southwest Florida,Inc.
Name
First Date of Fiscal Year(MM/DD/YY) Last Date of Fiscal Year(MM/DD/YY)
07/01/23 06/30/24
Total Federal Financial Assistance Expended during Total State Financial Assistance Expended during most
most recently completed Fiscal Year recently completed Fiscal Year
$ $
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been met, and a
❑ Single Audit as required by 2 CFR Part 200 Subpart F has been completed or will be completed by
. Copies of the audit report and management letter are attached or will be provided within 30
days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ ❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑ Are a for-profit organization
❑ Are exempt for other reasons—explain
An audited financial statement is attached and if applicable,the independent auditor's management letter.
C.Findings were noted,a current Status Update of the responses and corrective action plan is included separate
from the written response provided within the audit report. While we understand that the audit report contains
❑ a written response to the finding(s),we are requesting an updated status of the corrective action(s)being taken.
Please do not provide just a copy of the written response from your audit report, unless it includes details of
the actions,procedures,policies,etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
06/18
SUNRISE COMMUNITY OF SOUTHWEST FI ORID. INC
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FAIN# B-23-UC-12-0016
Federal Award Date 10/2023
Federal Award Agency HUD
CFDA Name Community
Development Block
Grant
CFDA/CSFA# 14.218
Total Amount of Federal $500,000.00
Funds Awarded
Subrecipient Name Collier County Housing
Authority
UEI# WHDZXBD56QL1
FEIN 59-1490555
R&D NA
Indirect Cost Rate NA
Period of Performance 10/01/2023—04/30/2025
Fiscal Year End 09/30
Monitor End: 12/2030
AGREEMENT BETWEEN COLLIER COUNTY
AND
Collier County Housing Authority
CDBG Grant Program—Construction/Rehabilitation
THIS AGREEMENT is made and entered into this 1I'day of 3;14 2023, by and between Collier
County, a political subdivision of the State of Florida, ("COUNTY")ling its principal address at 3339
Tamiami Trail East, Suite 213, Naples FL 34112, and Collier County Housing Authority
("SUBRECIPIENT"), a public body corporate and politic, created and existing under and by virtue of the
Laws of the State of Florida,Chapter 421 having its principal office at 1800 Farm Worker Way,Immokalee,
FL 34142.
WHEREAS, the COUNTY has entered into an Agreement with the United States Department of
Housing and Urban Development(HUD)for a grant to execute and implement a Community Development
Block Grant (CDBG) Program in certain areas of Collier County, pursuant to Title I of the Housing and
Community Development Act of 1974(as amended); and
WHEREAS, the Board of County Commissioners of Collier County ("Board") approved the
Collier County Consolidated Plan—One-year Action Plan for Federal Fiscal Year 2023-2024 for the CDBG
Program with Resolution 1,413-13114 on July 11,2023—Agenda Item I(p.0,3; and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans,the COUNTY advertised the 2023-2024 Annual
Action Plan,on May 18,2023,with a 30-day Citizen Comment period from May 18,2023 to June 19,2023;
and
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WHEREAS,the SUBRECIPIENT has submitted a proposal for participation in the Collier County
CDBG program; and
WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in undertaking the CDBG project — (CD23-01) Collier County Housing Authority
HVAC Installation.
NOW,THEREFORE,in consideration of the mutual benefits contained herein,it is agreed by the
Parties as follows:
PART I
SCOPE OF WORK
SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as
a condition of providing CDBG assistance as provided herein and, as determined by Collier County
Community and Human Services (CHS)Division, perform the tasks necessary to conduct the program as
follows:
Project Name: Collier County Housing Authority—HVAC Installation
Description of project and outcome: CHS, as an administrator of the CDBG program,will make
available FY 2023-2024 CDBG funds up to the gross amount of$500,000 to Collier County
Housing Authority to fund the rehabilitation of affordable housing units in Immokalee,FL
through the purchase and installation of Heating,Ventilation, and Air Conditioning(HVAC)
systems.
Project Component One: Purchase and installation of HVAC systems including,but not limited
to, any related construction,permitting, installation costs and any other associated costs/fees.
The property will be deed restricted for five(5)years commencing on the date of initially meeting
one of the National Objectives, in accordance with 24 CFR 570.505, if applicable.
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty (60) calendar days of execution of this Agreement, SUBRECIPIENT must
deliver to CHS for approval, a detailed project schedule for the completion of the project.
B. SUBRECIPIENT must submit the following resolutions and policies to CHS within sixty
(60)days of execution of this Agreement:
® Affirmative Fair Housing Policy
• Affirmative Action/Equal Opportunity Policy
• Conflict of Interest Policy(COI)and related COI Forms
• Procurement Policy
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Uniform Relocation Act(URA)Policy
• Sexual Harassment Policy
• Section 3 Policy
• Section 504/ADA Policy
▪ Fraud, Waste,and Abuse Policy
• Language Assistance and Planning Policy(LAP)
• Limited English Proficiency Policy(LEP)
® Violence Against Women Act(VAWA)Policy
LGBTQ Policy
C. Environmental Review Requirement (ERR) — This Agreement does not constitute a
commitment of funds or site approval. The commitment of funds or site approval may
occur only upon satisfactory completion of environmental review, executed by the
COUNTY, and either(i)the determination that the project is exempt or(ii)the COUNTY's
receipt of an approved request for release of funds and certification from HUD, under 24
CFR Part 58. The provision of any funds to the project is conditioned on the COUNTY's
determination to proceed with, modify, or cancel the project based on the results of the
environmental review.No program costs can be incurred until an environmental review of
the project is completed and approved by the COUNTY. Further, SUBRECIPIENT will
not undertake any activity or commit any funds prior to CHS issuing a Notice to Proceed
(NTP) letter. Violation of this provision may result in the termination of this subaward
and/or the denial of any reimbursement of funds under this Agreement.
D. Annual Subrecipient Training—All SUBRECIPIENT staff assigned to the administration
and implementation of the Project established by this Agreement shall attend the CHS-
sponsored Annual SUBRECIPIENT Fair Housing training. In addition, at least one staff
member shall attend all other CHS-offered SUBRECIPIENT training, relevant to the
Project, as determined by the Grant Coordinator,not to exceed four(4) sessions.
E. Limited English Proficiency — Persons who, as a result of national origin, do not speak
English as their primary language and who have limited ability to speak, read, write, or
understand English ("limited English proficient persons" or "LEP persons") may be
entitled to language assistance under Title VI of the Civil Rights Act of 1964 (Title VI) in
order to receive a particular service,benefit,or encounter. In accordance with Title VI and
its implementing regulations, SUBRECIPIENT agrees to take reasonable steps to ensure
meaningful access to activities funded with HUD Funds by LEP persons. Any of the
following actions could constitute "reasonable steps," depending on the circumstances:
acquiring translators to translate vital documents; advertisements or notices; acquiring
interpreters for face-to-face interviews with LEP persons; placing advertisements and
notices in newspapers that serve LEP persons; partnering with other organizations that
serve LEP populations to provide interpretation, translation, or dissemination of
information regarding the project; hiring bilingual employees or volunteers for outreach
and intake activities; contracting with a telephone line interpreter service;etc.
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1.2 PROJECT DETAILS
A. Project Description/Project Budget
Description Federal Amount
Project Component 1:Purchase and installation of HVAC systems including,but not $500,000.00
limited to, any related construction, permitting, installation costs and all other
associated costs/fees.
Total Federal Funds: $500,000.00
SUBRECIPIENT will accomplish the following checked project tasks:
I I Pay all closing costs related to property conveyance
• Maintain beneficiary income certification documentation, and provide to the COUNTY as
requested
• Maintain National Objective Documentation, and provide to COUNTY, as requested
• Provide Quarterly Reports on National Objective and project progress
• Provide Quarterly Leverage Funds Report
• Ensure attendance by a representative from executive management at scheduled
partnership meetings, as requested by CHS
® Ensure attendance by SUBRECIPIENT and General Contractor at Pre-Construction
meetings, prior to SUBBRECIPIENT issuing Notice to Proceed (NTP)to contractor
• Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation
• Identify Lead Project Manager
• Provide Site Design and Specifications
• Submit Change Orders for CHS approval prior to SUBRECIPIENT authorizing work
• Comply with Davis-Bacon Act Labor Standards and maintain supporting documentation
• Comply with Section 3 reporting requirements and maintain supporting documentation
• Provide weekly certified payroll throughout construction and rehabilitation
• Comply with Uniform Relocation Act(URA), if applicable
• Ensure applicable number of units are Section 504/ADA accessible
• Ensure the applicable continued use period for the project is met
B. National Objective
The CDBG program Funds awarded to Collier County must benefit low- to moderate-income
persons(LMI).As such, SUBRECIPIENT shall ensure that all activities and beneficiaries meet the
definition of:
❑ LMA—Low/Mod Area Benefit
❑ LMC—Low/Mod Clientele Benefit
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LMH—Low/Mod Housing Benefit
❑ LMJ—Low/Mod Job Benefit
LMA: Must document that at least 51 percent of the residents are LMI persons, based on
HUD determined eligible census tracts. Failure to achieve the national objective under this
Agreement will require repayment of the CDBG investment for this Agreement.
LMC: Must document that at least 51 percent of persons served, are low- to moderate-
income persons or households,in order to meet a CDBG National Objective.Failure to achieve the
national objective under this Agreement will require repayment of the CDBG investment for this
Agreement.
LMH: Must document providing or improving permanent residential structures, which
upon completion will be occupied by LMI households. Structures with three or more units must
contain at least 51 percent occupied by LMI households, and structures with less than three units
must be occupied by 100 percent LMI households. Failure to achieve the national objective under
this Agreement will require repayment of the CDBG investment for this Agreement.
LMJ: Must document job creation and retention. The LMI benefit national objective
addresses activities designed to create or retain permanent jobs, at least 51 percent of which
(computed on a full-time equivalent basis) will be made available to or held by LMI persons.
Failure to achieve the national objective under this Agreement will require repayment of the CDBG
investment for this Agreement.
C. Performance Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Insurance Exhibit A-Insurance Certificate Within 30 days of Agreement
execution and Annually within
thirty(30)days of renewal
Special Grant Condition Policies Policies as stated in this Within sixty(60)days of
(Section 1.1) Agreement Agreement execution
Detailed Project Schedule Project Schedule Within sixty(60)days of
Agreement execution
Project Plans and Specifications Site Plans and Specifications Prior to procurement _
Draft Procurement Documents Independent Cost Estimate, Within 90 days of Agreement
(Bid Packet)* Method of Procurement,Bid execution
Advertisement, Solicitation
Packet
Subcontractor Log Subcontractor Log Initially at construction start,
and quarterly thereafter
Quarterly Progress Report Exhibit C Quarterly reports.Annually
after closeout.
Section 3 Report Quarterly Report of New Hire Quarterly; within 10 days
Information following the end of the quarter.
Annually after closeout.
Complaint Logs Fair Housing, EEO,AA and Quarterly; within 10 days
Incident Log following the end of the quarter.
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2. Final report upon submission
of final pay request.
3. Annually after closeout.
Leverage Funds Report Exhibit C-1 Quarterly within 10 days
following quarter end. Final
report is due upon submission of
the final pay request in
Neighborly.
Davis-Bacon Act Certified Weekly Certified Payroll Weekly within 7 days following
Payroll reports, forms, and supporting issuance of payroll checks
documentation
Annual Audit Monitoring Exhibit E Annually, within 60 days after
Report FY end
Financial and Compliance Audit Audit, Management Letter, and Annually: nine(9)months after
Supporting Documentation FY end for Single Audit OR one
hundred eighty(180)days after
FY end
Continued Use Certification Continued Use Affidavit, if Annually,for five(5)years after
applicable Project Closeout
Capital Needs Assessment Plan Plan approved by the COUNTY Initial Plan due after
construction completion.
Annually throughout the
continued use period
Program Income Reuse Plan Plan Approved by the COUNTY Annually throughout the
continued use period
* SUBRECIPIENT's Notice to Proceed may be withheld if procurement deliverables are not submitted
in a timely manner, as stated in Section 1.2.C, Performance Deliverables. SUBRECIPIENT must
submit to the COUNTY for approval,all Change Orders required during the project. Failure to submit
Change Orders in a timely manner, may result in delay or withholding of payment, as well as a cease
work order until all change orders have been reviewed and approved, at which time a new Notice to
Proceed will be issued.
D. Payment Deliverables
Payment Deliverable Payment Supporting Documentation Submission Schedule
Project Component 1: Purchase Submission of supporting documents Monthly invoices, due
and installation of HVAC must be provided as backup, as evidenced by the 30th day of
systems including,but not limited by AIA or similar document,per each month.
to, any related construction, contractor's Schedule of Values, canceled
permitting, installation costs and check and/or bank statements, copy of
all other associated costs/fees. any permits, invoices and any other
additional documentation as requested.
10%retainage($50,000)will be released
upon final monitoring clearance and
meeting the National Objective. For
clarity,the County will not withhold 10%
on each pay request.
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Final 10 percent retainage will be paid upon completion of final monitoring clearance and documentation
of meeting the National Objective. SUBRECIPIENT'S failure to achieve the National Objective will
require repayment of the CDBG investment under this Agreement.
1.3 PERIOD OF PERFORMANCE
SUBRECIPIENT services shall begin on October 1, 2023 and shall end on April 30, 2025 unless
terminated earlier in accordance with provisions of Paragraph 3.8, Defaults, Remedies, and
Termination.
The County Manager or designee may extend the term of this Agreement for a period of up to 180
days after the end of the Agreement, following receipt of SUBRECIPIENT's written request
submitted at least 30 days prior to agreement period of performance end date. Extensions must be
authorized, in writing, by formal letter to the SUBRECIPIENT.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available FIVE HUNDRED THOUSAND DOLLARS AND ZERO
CENTS($500,000.00)for use by SUBRECIPIENT during the term of the Agreement(hereinafter,
shall be referred to as the"Funds").
Modification to the Budget and Scope may only be made if approved in advance. Budgeted Fund
shifts among line items shall not be more than 10 percent of the total funding amount and shall not
signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only
be made with Board of County Commissioners(Board) approval.
The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of CDBG Funds until needed for eligible costs;
and all disbursement requests must be limited to the amount needed at the time of the request.
SUBRECIPIENT may expend Funds only for allowable costs resulting from obligations incurred
during the term of this Agreement. Invoices for work performed are required every month. If no
work has been performed during the month, or if SUBRECIPIENT is not yet prepared to send the
required backup,a$0 invoice is required.Explanations will be required if two consecutive months
of$0 invoices are submitted.Payments shall be made to SUBRECIPIENT when requested as work
progresses, but not more frequently than once per month. Reimbursement will not occur if
SUBRECIPIENT fails to perform the minimum level of service required by this Agreement.
COUNTY will pay SUBRECIPIENT Funds available under this Agreement based on information
submitted by SUBRECIPIENT and consistent with an approved budget and COUNTY policy
concerning payments. With the exception of certain advances, payments will be made for eligible
expenses actually incurred by SUBRECIPIENT,not to exceed actual cash requirements.Payments
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will be adjusted by CHS in accordance with advance Fund and program income balances available
in SUBRECIPIENT accounts.In addition,COUNTY reserves the right to liquidate Funds available
under this Agreement for costs incurred by COUNTY on behalf of SUBRECIPIENT.
CHS may withhold any payment request until approved by CHS for grant compliance and
adherence to any and all applicable Local, State, or Federal requirements, including timely
submission of Performance Deliverables contained in Section 1.2.C. Late submission of
deliverables or evidence of project inactivity may cause payment suspension of any open pay
requests until the required deliverables are received or substantial project progression
occurs,as determined by CHS.Except where disputed for noncompliance,payment will be made
upon receipt of a properly completed invoice, and in compliance with sections 218.70-218.80,
Florida Statutes, otherwise known as the"Local Government Prompt Payment Act."
Final invoices are due no later than 90 days after the end of the Agreement.Work performed during
the term of the Program but not invoiced within 90 days after the end of the Agreement may not be
processed without written authorization from the Grant Coordinator.
1.5 RIGHT OF FIRST REFUSAL
If SUBRECIPIENT offers the Property for sale before the end of the Continued Use Period,
SUBRECIPIENT must allow a 90-day right of first refusal (ROFR) period to experienced non-
profit organizations,reasonably approved by the COUNTY,for purchase of the Property at the then
current market value or any other offer considered, in the sole determination of the COUNTY to
be reasonable, for continued occupancy by eligible persons.
The 90-day right of first refusal period begins when a legal advertisement appears in a local
newspaper of general circulation, or other method authorized by statute or regulation, offering the
Property for sale to non-profit organizations.
1.6 LEVERAGE FUNDS
Leveraged funds must be identified, tracked, and verifiable in the SUBRECIPIENT's records.
Resources must be fully identified and described in the Agreement and the approved budget
submitted with the application. Resources must also meet the following criteria to be allowable as
leverage:
a. Expenditures of leveraged funds or resources are permitted only for eligible activities
and allowable costs under the cost principles specified by the OMB Circulars
referenced in this Agreement. Expenditures must be necessary and reasonable for
proper and efficient accomplishment of project or program objectives.
b. Leveraged resources committed on one project may not be used as leverage or match
for any other project or program.
c. Leveraged resources must represent newly created resources covering expenditures
that would not be incurred if the award were not made.
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d. Leveraged resources may not be Federal funds under a different award, except where
Federal statute allows their use for cost sharing(such as the Community Development
Block Grant program).
e. Third-party cash or in-kind contributions offered as leverage require a commitment
letter on company letterhead signed by the individual who is in a position to commit
the in-kind contribution. The contribution is only allowable if not utilized towards
matching dollars.
1.7 COST PRINCIPLES
Payments to SUBRECIPIENT are governed by the Federal grant management rules for cost
allowability, found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section
(Section 1.7-Cost Principles)of this Agreement,SUBRECIPIENT is defined as described in 2 CFR
200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under the
Part I - Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed
specifically to the project referenced the Scope of Work, as defined in 2 CFR 200.413.
SUBRECIPIENT must provide adequate documentation for validating costs incurred.Payments to
SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the
procurement requirements provided in 2 CFR 200.318-200.327. Allowable costs incurred by
Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles.
SUBRECIPIENT may not be subject to 2 CFR Subpart E; however, the COUNTY is and may
impose requirements upon SUBRECIPIENT so that the COUNTY can remain compliant with its
obligation to follow 2 CFR 200 Subpart E. SUBRECIPIENT will use adequate internal controls
and maintain necessary source documentation for all costs incurred, and adhere to any other
accounting requirements included in this Agreement.
1.8 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier,personal delivery, or sent by facsimile or other electronic means. Either party
may change the address to which notices are to be sent to it by giving written notice of such change
to the other party in the manner herein provided for giving notice.Any notice,request,instruction,
or other document delivered or sent as aforesaid shall be effective on the date of delivery or sending.
All notices and other written communications under this Agreement shall be addressed to the
individuals in the capacities indicated below, unless otherwise modified by subsequent written
notice.
COLLIER COUNTY ATTENTION: Zuleyka Garay, Grant Coordinator
Collier County Government
Community and Human Services Division
3339 Tamiami Trail East, Suite 213
Naples,Florida 34112
Email: Zuleyka.Garay@colliercountyfl.gov
Telephone: (239)252-2590
SUBRECIPIENT ATTENTION: Oscar Hentschel,Executive Director
Collier County Housing Authority
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1800 Farm Worker Way
Immokalee,Florida 34142
Email: ohentschel@cchafl.org
Telephone: (239)657-3649
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PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual
Audit Monitoring report(Exhibit E)no later than 60 days after SUBRECIPIENT'S fiscal year end.
In addition, SUBRECIPIENT shall submit to the COUNTY a financial and compliance Single
Audit report, Management Letter, and supporting documentation nine (9) months (or audited
financial statements, one hundred eighty (180) days for Subrecipients exempt from Single Audit)
after the SUBRECIPIENT'S fiscal year end. The COUNTY will conduct an annual financial and
programmatic review.
SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its
receipt of the report. SUBRECIPIENT's failure to comply with the above audit requirements will
constitute a violation of this Agreement and may result in the withholding of future payments.
SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with
current COUNTY policy concerning Subrecipient audits and 2 CFR 200.501
Federal Award amounts expended shall be determined in accordance with guidelines established
by 2 CFR Part 200, Subpart F-Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to
determine compliance with the requirements of this Agreement,the CDBG Program, and all other
applicable laws and regulations. This documentation shall include but is not limited to, the
following:
A. All records required by CDBG regulations.
B. Public records that ordinarily and necessarily would be required by the COUNTY to
perform the service.
C. SUBRECIPIENT shall make available to the COUNTY or CHS at any time upon request,
all reports, plans, surveys, information, documents, maps, books, records, and other data
procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this
Agreement. Materials identified in the previous sentence shall be in accordance with
generally accepted accounting principles (GAAP), procedures, and practices, which
sufficiently and properly reflect all revenues and expenditures of Funds provided directly
or indirectly by this Agreement, including matching funds and Program Income. These
records shall be maintained to the extent of such detail to properly reflect all net costs,
direct and indirect labor, materials, equipment, supplies and services, and other costs and
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expenses of whatever nature for which reimbursement is claimed under the provisions of
this Agreement.
D. Upon completion of all work contemplated under this Agreement,copies of all documents
and records relating to this Agreement shall be surrendered to CHS, if requested. In any
event, SUBRECIPIENT shall keep all documents and records in an orderly fashion,and in
a readily accessible, permanent, and secured location for three (3) years after the date of
submission of the final performance and evaluation report,as prescribed in 2 CFR 200.334,
24 CFR 570.490 and 24 CFR 570.5O2(a)(7)(ii). However, if any litigation, claim, or audit
is started before the expiration date of the three (3) year period, the records will be
maintained until all litigation,claim,or audit findings involving these records are resolved.
If SUBRECIPIENT ceases to exist after the closeout of this Agreement, it shall notify the
COUNTY in writing, of the address where the records will be kept, as outlined in 2 CFR
200.337. SUBRECIPIENT shall meet all requirements for retaining public records and
transfer,at no cost to COUNTY,all public records in SUBRECIPIENT'S possession upon
termination of the Agreement, and destroy any duplicate, exempt, or confidential public
records that are free from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible with the
COUNTY'S information technology systems.
IF SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, IT SHALL CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-2679, ,
3299 Tamiami Trail East, Naples, FL 34112.
E. SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Act of
1931, as amended, including files containing contractor payrolls, employee interviews,
Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall
maintain records showing contractor compliance with the Contract Work Hours and Work
Safety Law. Similarly, SUBRECIPIENT shall maintain records showing compliance with
Federal purchasing requirements and other Federal requirements for grant implementation.
F. SUBRECIPIENT is responsible for the creation and maintenance of income eligible files
on clients served, and documentation that all households are eligible under HUD Income
Guidelines. SUBRECIPIENT agrees that CHS shall be the final arbiter on
SUBRECIPIENT'S compliance.
G. SUBRECIPIENT shall document how it complied with the National Objective(s), as
defined in 24 CFR 570.208, and the eligibility requirement(s) under which funding was
received. This includes special requirements, such as necessary and appropriate
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determinations as defined in 24 CFR 570.208,income certification,and written agreements
with beneficiaries,where applicable.
H. SUBRECIPIENT shall provide the public with access to public records on the same terms
and conditions that the COUNTY would provide the records, and at a cost that does not
exceed the cost provided in Chapter 119,Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that exempt or confidential public records that are free from
public records disclosure requirements are not disclosed, except as authorized by 2 CFR
200.337 and 2 CFR 200.338.
2.3 MONITORING
SUBRECIPIENT agrees that CHS may carry out no fewer than one(1) annual on-site monitoring
visit and evaluation of project activities, as determined necessary.At the COUNTY's discretion, a
desktop review may be conducted in lieu of an on-site visit. The continuation of this Agreement is
dependent upon satisfactory evaluations. Upon request by CHS, SUBRECIPIENT shall submit
information and status reports required by CHS or HUD,to enable CHS to evaluate said progress
and allow for completion of CHS's required reports. SUBRECIPIENT shall allow on-site
monitoring by CHS or HUD. Such site visits may be scheduled or unscheduled, as determined by
CHS or HUD.
At any time during normal business hours and as often as the COUNTY(and/or its representatives)
may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit all
records,documentation, and any other data relating to all matters covered by the Agreement.
COUNTY will monitor SUBRECIPIENT'S performance in an attempt to mitigate fraud, waste,
abuse, or non-performance, based on goals and performance standards as stated with all other
applicable laws, regulations, and policies governing the Funds provided under this Agreement,
further defined by 2 CFR 200.332.Substandard performance,as determined by CHS,will constitute
noncompliance with this Agreement. If SUBRECIPIENT does not take corrective action within a
reasonable time period after being notified by CHS, Agreement suspension or termination
procedures will be initiated.SUBRECIPIENT agrees to provide HUD,the HUD Office of Inspector
General,the General Accounting Office,the COUNTY,and/or the COUNTY's internal auditor(s)
access to all records related to performance of activities in this Agreement.
2.4 PREVENTION OF FRAUD,WASTE,AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal control systems and procedures
necessary to prevent,detect, and correct incidents of fraud,waste,and abuse in the performance of
this Agreement, and provide proper and effective management of all Program and Fiscal activities
of the Agreement. SUBRECIPIENT'S internal control systems and all transactions and other
significant events shall be clearly documented,and the documentation shall be readily available for
monitoring by the COUNTY.
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SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees,
and agents for the purpose of monitoring or investigating the performance of this Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate,and prevent
fraud,waste, and abuse.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this Agreement or any law or regulation to the COUNTY, or any
appropriate law enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this Agreement. Penalties may be imposed for failure to implement or make
acceptable progress on such corrective action plans.
To effectively enforce COUNTY Resolution No. 2013-228,CHS has adopted an escalation policy
to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds
from CHS. The escalation policy for noncompliance is as follows:
1. Initial noncompliance may result in the COUNTY issuing Findings or Concerns to
SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action
plan to CHS within 10 business days following issuance of the report.
• Any pay requests that have been submitted to CHS for payment will be held
until the corrective action plan has been submitted and accepted.
• CHS will be available to provide Technical Assistance (TA) to
SUBRECIPIENT, as needed, in order to correct the noncompliance issue.
2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely
manner, CHS may require SUBRECIPIENT to return a portion of the awarded
grant Funds to the COUNTY.
• CHS may require SUBRECIPIENT to return upwards of 5 percent of the
award amount to the COUNTY, at the discretion of the Board.
• SUBRECIPIENT may be denied future consideration, as set forth in
Resolution No. 2013-228.
3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously
corrected, and has been informed by CHS of their substantial noncompliance by
certified mail, CHS may require SUBRECIPIENT to return to the COUNTY a
portion of the awarded grant amount, or the amount of the CDBG investment for
acquisition of the properties conveyed.
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• CHS may require SUBRECIPIENT to return upwards of 10 percent of the
award amount to the COUNTY, at the discretion of the Board.
• SUBRECIPIENT will be considered in violation of Resolution No. 2013-228.
4. If after repeated notification, SUBRECIPIENT continues to be substantially
noncompliant, CHS may recommend termination of the Agreement or award.
• CHS will make a recommendation to the Board to immediately terminate the
Agreement. SUBRECIPIENT will be required to repay all Funds disbursed by
CHS for the terminated project. This includes the amount invested by the
COUNTY for the initial acquisition of properties or other activities.
• SUBRECIPIENT will be considered in violation of Resolution No.2013-228.
If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be
noncompliant, the above sanctions may be imposed across all awards, at the Board's
discretion.
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this Agreement,and on the resolution of monitoring findings identified pursuant to this
Agreement, as deemed necessary by the County Manager or designee. Reports showing lack of
project activity may result in the withholding of payment or issuance of a Notice of Non-
Compliance.
During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the
COUNTY on the 10th day of January, April, July, and October, respectively, for the prior quarter
period end. As part of the report submitted in October, SUBRECIPIENT agrees to include a
comprehensive final report covering the agreed-upon Program objectives, activities, and
expenditures including but not limited to, performance data on client feedback with respect to the
goals and objectives set forth in Exhibit C, the reporting form to be used in fulfillment of this
requirement. Additionally, all leveraged funds utilized in support of this project will be submitted
on Exhibit C-1 as part of the final report. Other reporting requirements may be required by the
County Manager or designee if the Program changes, the need for additional information or
documentation arises, or if legislative amendments are enacted. Reports and requested
documentation not received by the due date shall be considered delinquent and may be cause for
default and termination of this Agreement.
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY,which consent, if given at all, shall be at the COUNTY's sole discretion and judgment.
SUBRECIPIENT shall cause all provisions of this Agreement in its entirety to be included in and
made a part of any subcontract executed in the performance of this Agreement.
3.2 GENERAL COMPLIANCE
SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants), including subpart K of these regulations, except that(1)
SUBRECIPIENT does not assume the COUNTY'S environmental responsibilities described in 24
CFR 570.604; (2) SUBRECIPIENT does not assume the COUNTY'S responsibility for initiating
the review process under the provisions of 24 CFR Part 52; (3) SUBRECIPIENT is required to
follow the Federal procurement process; and (4) for Developers, revenue generated is not
considered program income.The CDBG program was funded through the Housing and Community
Development Act of 1974. SUBRECIPIENT agrees to comply with all other applicable laws,
regulations, and policies governing the Funds provided under this Agreement. SUBRECIPIENT
further agrees to utilize Funds available under this Agreement to supplement rather than supplant
funds otherwise available.
SUBRECIPIENT is prohibited from using Funds provided herein, or personnel employed in the
administration of the program, for political activities, inherently religious activities, lobbying,
political patronage, and/or nepotism activities.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating
or establishing the relationship of employer/employee between the parties. SUBRECIPIENT shall
always remain an"independent contractor"with respect to the services to be performed under this
Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation,
FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance, as the
SUBRECIPIENT is independent from the COUNTY.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement at any time, provided that such
amendments make specific reference to this Agreement, are executed in writing, signed by a duly
authorized representative of each organization, and approved by the COUNTY'S Board. Such
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amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or
SUBRECIPIENT from its obligations under this Agreement.
The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or
Local governmental guidelines, policies, available funding amounts, or other reasons. If such
amendments result in a change in the funding, scope of services, or schedule of the activities to be
undertaken as part of this Agreement, such modifications will be incorporated only by written
amendment, signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from HUD CDBG grant Funds and must be
implemented in full compliance with all of HUD's rules and regulations and any agreement
between COUNTY and HUD governing the CDBG Funds pertaining to this Agreement. In the
event of curtailment or non-production of said Federal Funds, or the reduction of HUD Funds to
the COUNTY to a level that the County Manager determines to be insufficient to adequately
administer the project,the financial resources necessary to continue to pay SUBRECIPIENT all or
any portion of the Funds will not be available. In either event, the COUNTY may terminate this
Agreement, which shall be effective as of the date it is determined by the County Manager or
designee, in his/her sole discretion and judgment, that the Funds are no longer available. In the
event of such termination, SUBRECIPIENT agrees that it will not look to, nor seek to hold the
COUNTY, nor any individual member of the County Commissioners and/or County
Administration, personally liable for the performance of this Agreement, and the COUNTY shall
be released from any further liability to SUBRECIPIENT under the terms of this Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, SUBRECIPIENT shall indemnify and hold
harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action, which may arise out of an act or omission including
but not limited to,reasonable attorneys' and paralegals'fees,to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of SUBRECIPIENT or any of its agents, officers,
servants,employees,contractors,patrons,guests, clients,licensees, invitees, or any persons acting
under the direction, control, or supervision of SUBRECIPIENT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce
any other rights or remedies,which otherwise may be available to an indemnified party or person
described in this paragraph. SUBRECIPIENT shall pay all claims and losses of any nature
whatsoever in connection therewith, shall defend all suits in the name of the COUNTY, and shall
pay all costs (including attorney's fees) and judgments which may issue there-on. This
Indemnification shall survive the termination and/or expiration of this Agreement. This section
does not pertain to any incident arising from the sole negligence of the COUNTY. The foregoing
indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in
section 768.28, Florida Statutes. This section shall survive the expiration or termination of this
Agreement.
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3.7 GRANTEE RECOGNITION/SPONSORSHIPS
SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements,
descriptions of program sponsorships,research reports,and similar public notices,whether printed
or digitally prepared and released by SUBRECIPIENT for,on behalf of,and/or about the Program
shall include the statement:
"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY
COMMUNITY AND HUMAN SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information to the general public regarding the development
team and Equal Housing Opportunity. Construction signs shall comply with applicable COUNTY
codes. If this Agreement results in any copyrightable material or inventions, CHS and/or the
COUNTY reserve the right to royalty-free, non-exclusive, and irrevocable license to reproduce,
publish, or otherwise use; and authorize others to use the work or materials for governmental
purposes.
3.8 DEFAULTS,REMEDIES,AND TERMINATION
In accordance with 2 CFR 200.341, this Agreement may be terminated for convenience by either
the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such
termination,the effective date,and in the case of partial terminations,the portion to be terminated.
However,in the case of a partial termination,if the COUNTY determines that the remaining portion
of the award will not accomplish the purpose for which the award was made, the COUNTY may
terminate the award in its entirety. This Agreement may also be terminated by the COUNTY if the
award no longer effectuates the program goals or grantor agency priorities.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement, in compliance with 2 CFR 200,Appendix II (A):
A. Failure to comply with any of the rules, regulations, or provisions referred to herein; or such
statutes, regulations, executive orders, and HUD guidelines, policies, or directives as may
become applicable at any time.
B. Failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper
manner.
C. Ineffective or improper use of Funds provided under this Agreement.
D. Submission of reports that are incorrect or incomplete in any material respect.
E. Submission of any false certification.
F. Failure to materially comply with any terms of this Agreement.
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G. Failure to materially comply with the terms of any other agreement between the COUNTY and
SUBRECIPIENT relating to the project.
In the event of any default by SUBRECIPIENT under this Agreement,the COUNTY may seek any
combination of one or more of the following remedies, in compliance with 2 CFR 200,Appendix
II(B):
A. Require specific performance of the Agreement in whole or in part.
B. Require the use of, or change in,professional property management, if applicable.
C. Require SUBRECIPIENT to immediately repay to the COUNTY all CDBG Funds received
under this Agreement.
D. Apply sanctions, if COUNTY determines them to be applicable.
E. Stop all payments until identified deficiencies are corrected.
F. Terminate this Agreement by giving written notice to SUBRECIPIENT specifying the effective
date of such termination. If the Agreement is terminated by the COUNTY, as provided herein,
SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project
activities undertaken under this Agreement.
3.9 SUSPENSION AND DEBARMENT
SUBRECIPIENT certifies that neither it nor its principals are presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by a Federal Department or agency. In addition, SUBRECIPIENT shall not knowingly
enter into any lower tier contract, or other covered transaction, with a suspended or debarred
contractor or vendor, as outlined in Executive Orders 12549(1986)and 12689 (1989), Suspension
and Debarment, and 2 CFR 200.214,as further detailed in Section 4.18.
3.10 REVERSION OF ASSETS
In the event of Agreement termination, in addition to any and all other remedies available to the
COUNTY(whether under this Agreement,at law,or in equity), SUBRECIPIENT shall,at the time
of termination(or expiration),immediately transfer to the COUNTY any property on hand and any
accounts receivable attributable to the use of CDBG Funds,per 24 CFR 570.503(b)(7).
The COUNTY'S receipt of any Funds on hand at the time of termination shall not waive the
COUNTY'S right (nor excuse SUBRECIPIENT'S obligation) to recoup all or any portion of the
Funds or property, as the COUNTY may deem necessary. Regulations regarding real property are
subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7).
All program assets (unexpended program income, property, equipment, etc.) shall revert to CHS
upon termination of this Agreement.
seimiew
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3.11 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until
all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said
insurance shall be carried continuously during SUBRECIPIENT'S performance under the
Agreement.
3.12 ADMINISTRATIVE REQUIREMENTS
SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and
Scope of Work (Part I), Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards(2 CFR 200 et seq.),and Federal Regulations for the Community
Development Block Grant(24 CFR 570 et seq.).
3.13 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through
200.327)and Collier County's Procurement Ordinance#2017-08, as amended. Current COUNTY
purchasing thresholds are:
Range: Competition Required
$0-$50,000 3 Written Quotes
$50,001+ Formal Solicitation(ITB,RFP, etc.)
All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT
employees, or put out to competitive bidding, under a procedure acceptable to the COUNTY and
Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest,responsible, and
qualified bidder. SUBRECIPIENT shall manage and CHS shall monitor contract administration.
CHS shall have access to all records and documents related to the Project.
In accordance with 24 CFR parts 570.202(b)(3)&570.202(b)(4),to the greatest extent practicable,
SUBRECIPIENT shall procure products, similar to Energy Star and Water Sense products and
appliances,that increase the effective use of energy and water in structures.
In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall
provide a preference for the purchase,acquisition,or use of goods,products,or materials produced
in the United States.
In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level of
completion,per 2 CFR 200,Appendix II(J)and 2 CFR 200.323.
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3.14 PROGRAM GENERATED INCOME
No Program Income is anticipated.However,if Program Income is derived from the use of CDBG
Funds disbursed under this Agreement, SUBRECIPIENT shall utilitze such Program Income only
for CDBG-eligible activities approved by the COUNTY. Any Program Income (as such term is
defined under 24 CFR 570.500(a) gained from any SUBRECIPIENT activity funded by CDBG
Funds shall be reported to the COUNTY through an annual Program Income Reuse Plan, utilized
by the SUBRECIPIENT accordingly,and shall comply with 2 CFR 200.307,24 CFR parts 570.489,
570.500, and 570.504 in the operation of the Program. When Program Income is generated by
an activity that is only partially assisted by CDBG Funds, the income shall be prorated to
reflect the percentage of CDBG Funds used. If there is a Program Income balance at the end of
the Program Year, such balance shall revert to the COUNTY's Community Block Grant Program,
for further reallocation.
Acquisition/Improvement of Real Property:Real property under the SUBRECIPIENT'S control
that was acquired or improved, in whole or in part,with CDBG Funds shall be used to meet one of
the CDBG National Objectives pursuant to 24 CFR 570.208, during the continued use period, as
referenced in section 3.15 (Grant Closeout Procedures) of this Agreement. If SUBRECIPIENT
disposes of or otherwise fails to continue to use the CDBG-assisted real property in a manner that
meets a CDBG National Objective, SUBRECIPIENT shall pay the COUNTY an amount equal to
the percentage of the current fair market value of the property, less any disposal costs. The
percentage of appraised value attributable to CDBG and non-CDBG funds expended for the
original acquisition of,or improvement to,the property under the terms of this Agreement shall be
the basis for such percentage. Such payment shall constitute program income to the COUNTY.
Additionally, during the continued use period, as referenced in Section 3.15 (Grant Closeout
Procedures) of this Agreement, real property under the SUBRECIPIENT'S control that was
acquired or improved in whole or in part with CDBG Funds shall be used to meet one of the CDBG
National Objectives,pursuant to 24 CFR 570.208.If SUBRECIPIENT sells,transfers, disposes of,
or otherwise fails to continue to use the CDBG-assisted real property in a manner that meets a
CDBG National Objective, SUBRECIPIENT shall pay the COUNTY an amount equal to a
percentage of the current fair market value of the property, after subtracting disposal costs. The
basis for such percentage shall be the percentage of the appraised value attributable to CDBG and
non-CDBG Funds expended for the original acquisition of, or improvement to,the property under
the terms of this Agreement. Such payment shall constitute Program Income to the COUNTY.
3.15 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT'S obligation to the COUNTY shall not end until all closeout requirements are
completed. SUBRECIPIENT may close out the project with the COUNTY after the five (5)year
continued use period has been met. The continued use period shall commence following the
SUBRECIPIENT meeting the National Objective, the recording of lien and/or deed restriction
documentation, if applicable, and the closeout of the project within HUD's Integrated Data
Information System (IDIS).Activities during this closeout period shall include but are not limited
to making final payments;disposing of program assets(including the return of all unused materials,
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equipment,Program Income balances, and receivable accounts to the COUNTY);and determining
the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall
remain in effect during any period that SUBRECIPIENT has control over CDBG Funds,including
Program Income. In addition to the records retention outlined in section 2.2 (Records and
Documentation) of this Agreement, SUBRECIPIENT shall comply with section 119.021, Florida
Statutes,regarding records maintenance, preservation,and retention.A conflict between State and
Federal records retention requirements will result in the more stringent law being applied,such that
the record must be held for the longer duration. SUBRECIPIENT must return to the COUNTY any
balance of unobligated Funds that have been advanced or paid, and any Funds paid exceeding the
amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement.
SUBRECIPIENT shall also produce records and information complying with section 215.97,
Florida Statutes,the Florida Single Audit Act. Closeout procedures must take place in accordance
with 2 CFR 200.344.
3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to,
discrimination under any activity carried out by the performance of this Agreement based on race,
color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of
such discrimination,the COUNTY shall have the right to terminate this Agreement.
To the greatest extent feasible, lower-income residents of the project areas shall be given
opportunities for training and employment. Also, to the greatest extent feasible, eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. SUBRECIPIENT shall comply with Section 3 of
the Housing and Community Development Act of 1968.
3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS
ENTERPRISES
SUBRECIPIENT will use its best efforts to afford small businesses and minority and women's
business enterprises the maximum practicable opportunity to participate in the performance of this
Agreement.As used in this Agreement,the term"small business"means a business that meets the
criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and
"minority and women's business enterprise"means a business that is at least 51 percent owned and
controlled by minority group members or women. For the purpose of this definition, "minority
group members" are Black Americans, Hispanic Americans, Asian/PacificAmericans, Native
Americans,and Hasidic Jews. SUBRECIPIENT may rely on written representations by businesses
regarding their status as minority and women's business enterprises, in lieu of an independent
investigation.
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3.18 PROGRAM BENEFICIARIES
If the Agreement is meeting a National Objective through an LMI strategy, at least 51 percent of
the beneficiaries of a project funded through this Agreement must be low- and moderate-income
persons, or presumed to be low- to moderate-income persons based on applicable regulation.
Determination of income eligibility is based on the annual income of the family or household.This
Agreement conforms to the definition of Annual Income, per 24 CFR 570.3(1)(i), where Annual
income is defined under the Section 8 Housing Assistance Payments. Details for calculating the
Annual Income are contained in 24 CFR 5.609, with practical instructions contained in HUD
Handbook 4350.3, Chapter 5.
If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries
countywide,more than 30 percent of the beneficiaries directly assisted under this Agreement must
reside in unincorporated Collier County or in municipalities participating in the COUNTY's Urban
County Qualification Program. The project shall assist beneficiaries as defined above for the time
period designated in Exhibit C of this Agreement.
3.19 AFFIRMATIVE ACTION
SUBRECIPIENT agrees that it is committed to carrying out an Affirmative Action Program
pursuant to the COUNTY'S specifications,in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966.Prior to the award of Funds,SUBRECIPIENT shall
submit to the COUNTY for approval a plan for an Affirmative Action Program. The Affirmative
Action Program must be updated throughout the continued use period and submitted to the
COUNTY within 60 days of any update/modification. SUBRECIPIENT's contracting officer will
send to each labor union or representative of workers with which it has a collective bargaining
agreement or other contract or understanding, a notice advising the labor union or worker's
representative of SUBRECIPIENT's commitments hereunder, and shall post copies of the notice
in conspicuous places available to all employees and applicants for employment.
3.20 CONFLICT OF INTEREST
SUBRECIPIENT covenants that no person under its employ,who presently exercises any functions
or responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree
with the performance of this Agreement;and that SUBRECIPIENT shall not employ or subcontract
with any person having any conflict of interest.The SUBRECIPIENT covenants that it will comply
with all provisions of 24 CFR 570.611 "Conflict of Interest," 2 CFR 200.318, and the State and
County statutes,regulations,ordinances, or resolutions governing conflicts of interest.
SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval, prior to
entering into any contract with an entity owned in whole or in part by a covered person,or an entity
owned or controlled in whole or in part by SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified, and the costs are reasonable.Approval
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of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not
intended to limit SUBRECIPIENT'S ability to self-manage the projects using its own employees.
Any possible conflict of interest on the part of SUBRECIPIENT, its employees, or its contractors
shall be disclosed to CHS in writing, provided however,that this paragraph shall be interpreted in
such a manner so as not to unreasonably impede the statutory requirement that maximum
opportunity be provided for employment of and participation of low- and moderate-income
residents of the project target area.
3.21 BYRD ANTI-LOBBYING AMENDMENT
Each tier certifies that the tier above it will not, and has not,used Federally appropriated Funds to
pay any person or organization for influencing or attempting to influence the award of Federal
Funds, as covered by 31 USC 1352, and more fully described in Section 4.54 of this Agreement.
Contractors who apply or bid for an award of$100,000 or more shall file the required certification.
3.22 RELIGIOUS ORGANIZATIONS
CDBG Funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 570.200(j).
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment and will not
limit employment or give preference in employment to persons based on religion.
B. It will not discriminate against any person applying for public services and will not limit
such services or give preference to persons based on religion.
C. It will retain its independence from Federal, State, and Local governments and may
continue to carry out its mission, including the definition, practice, and expression of its
religious beliefs, provided it does not use direct CDBG Funds to support any inherently
religious activities, such as worship,religious instruction, or proselytizing.
D. It shall not use Funds for the acquisition, construction,or rehabilitation of structures to the
extent that those structures are used for inherently religious activities. Where a structure is
used for both eligible and inherently religious activities, CDBG Funds may not exceed the
cost of those portions of the acquisition,construction,or rehabilitation that are attributable
to eligible activities, in accordance with the cost accounting requirements applicable to
CDBG Funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded
religious congregation uses as its principal place of worship, however, are ineligible for
CDBG funded improvements.
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3.23 INCIDENT REPORTING
If SUBRECIPIENT provides services to clients under this Agreement, SUBRECIPENT and any
subcontractors shall report knowledge or reasonable suspicion of abuse,neglect,or exploitation of
a child, aged person,or disabled person to the COUNTY.
During the term of this Agreement, SUBRECIPIENT must report to the COUNTY in writing,
within one business day of occurrence,any substantial,controversial,or newsworthy incidents.The
Collier County Standard Subrecipient Incident Report Form shall be used to report all such
incidents.
3.24 SEVERABILITY
Should any provision of this Agreement be determined unenforceable or invalid, such
determination shall not affect the validity or enforceability of any other section or part thereof.
3.25 MISCELLANEOUS
SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives,
and assigns of such other party in respect to all covenants of this Agreement.
SUBRECIPIENT represents and warrants that the financial data, reports, and other information it
furnished to the COUNTY regarding the Project are accurate and complete, and financial
disclosures fairly represent the financial position of SUBRECIPIENT.
SUBRECIPIENT understands that client information collected under this Agreement is private and
the use or disclosure of such information, when not directly connected with the administration of
the COUNTY'S or SUBRECIPIENT's responsibilities with respect to services provided under this
Agreement,is prohibited unless written consent is obtained from such person receiving service and,
in case of a minor,that of a responsible parent/guardian.
SUBRECIPIENT certifies that it has the legal authority to receive the Funds under this Agreement
and its governing body has authorized the execution and acceptance of this Agreement.
SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and
bind SUBRECIPIENT to the terms of this Agreement.
The section headings and subheadings contained in this Agreement are included for convenience
only and shall not limit or otherwise affect the terms of this Agreement.
The Grant Documents shall be construed in accordance with and governed by the laws of the State
of Florida,without giving effect to its provisions regarding choice of laws.
All activities authorized by this Agreement shall be subject to and performed in accordance with
the provisions of the terms and conditions of the Agreement between the COUNTY, the
Regulations,all applicable Federal, State,and Municipal laws,ordinances,regulations,orders,and
guidelines, including but not limited to any applicable regulations issued by the COUNTY.
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Electronic Signatures. This Agreement,and related documents entered into in connection with this
Agreement, are signed when a parry's signature is delivered by facsimile, e-mail, or any other
electronic medium. These signatures must be treated in all respects as having the same force and
effect as original signatures.
3.26 WAIVER
The COUNTY'S failure to act with respect to a breach by SUBRECIPIENT does not waive its
right to act with respect to subsequent or similar breaches. The COUNTY'S failure to exercise or
enforce any right or provision shall not constitute a waiver of such right or provision.
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title24/24cfr570 main 02.tpl
4.2 24 CFR 58 -The regulations prescribing the Environmental Review procedure.
https://www.ecfr.gov/cgi-bin/text-
idx?S ID=1 acdb92f3b05c3f285dd76c26d 14f54e&mc=true&node=pt24.I.58&rgn=div5
Resource Conservation and Recovery Act(RCRA). Under RCRA codified at 42 USC 6962, state
and local institutions of higher education,hospitals,and non-profit organizations that receive direct
Federal awards or other Federal Funds shall give preference in their procurement programs funded
with Federal funds to the purchase of recycled products pursuant to the EPA guidelines.
Summary of the Resource Conservation and Recovery Act I US EPA
4.3 Hatch Act: The SUBRECIPIENT shall comply with the Hatch Act, 5 USC 1501-1508 and shall
ensure that no funds provided, nor personnel employed under this Agreement, shall be in any way
or to any extent engaged in the conduct of political activities in violation of Chapter 15 Title V of
the USC Federal Register : Political Activity-State or Local Officers or Employees: Federal
Employees Residing in Designated Localities: Federal Employees
4.4 Section 104(d)and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended Section 109 of the HCD Act of 1974 I HUD.gov/U.S.Department of Housing
and Urban Development(HUD)
Section 104(d)of the Housing and Community Development Act of 1974,as amended(see 42 USC
5304(d))-HUD Exchange
4.5 The Fair Housing Act(42 U.S.C. 3601-20)Reasonable Accommodations Under the Fair Housing
Act. https://www.hud.gov/sites/documents/DOC 7771.PDF
https://www.justice.gov/crt/fair-housing-act-1
Executive Order 11063—Equal Opportunity in Housing https://www.archives.gov/federal-
register/codification/executive-order/11063.html
Executive Order 11259-Leadership& Coordination of Fair Housing in Federal Programs
https://www.archives.gov/federal-register/codification/executive-order/12259.html
24 CFR Part 107-Non-Discrimination and Equal Opportunity in Housing under E.O.
https://www.law.comell.edu/cfr/text/24/part-107
Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as
amended https://www.hud.gov/programdescription/title6
This Agreement is subject to 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other
transfer of land acquired, cleared, or improved with assistance provided under this Agreement,
SUBRECIPIENT shall cause or require a covenant running with the land to be inserted in the deed
or lease of such transfer, prohibiting discrimination herein as defined, in the sale, lease, or rental,
or in the use or occupancy of such land, or in any improvements erected or to be erected thereon,
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providing that the COUNTY and the United States are beneficiaries of and entitled to enforce such
covenants. SUBRECIPIENT, in undertaking its obligation to carry out the program assisted
hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not
itself so discriminate.
4.6 Title IX of the Education Amendments of 1972, as amended, 20 USC 1681, which prohibits
discrimination on the basis of sex in educational programs
Title IX Of The Education Amendments Of 1972(justice.gov)
4.7 The Temporary Assistance for Needy Families Program(TANF)45 CFR Parts 260-265,the Social
Services Block Grant 42 ISC 1397d and other applicable federal regulations and policies
promulgated thereunder.
Temporary Assistance for Needy Families I Benefits.gov
eCFR:45 CFR Part 260--General Temporary Assistance for Needy Families(TANF)Provisions
The Pro-Children Act: Contractor agrees to comply with the Pro-Children Act of 1994, 20 USC
6083. Pro-Children Act Of 1994 1 Legislation I US Encyclopedia of law(lawi.us)
4.8 Public Announcements and Advertising: When issuing statements, press releases, requests for
proposals,bid solicitations,and other documents describing projects or programs Funded in whole
or in part with Federal money, SUBRECIPIENTshall clearly state (1) the percentage of the total
costs of the program or project which will be financed with Federal money, (2)the dollar amount
of Federal funds for the project or program,and(3)percentage and dollar amount of the total costs
of the project or program that will be financed by nongovernmental sources.
4.9 Purchase of American-Made Equipment and Products: SUBRECIPIENT assures that, to the
greatest extent practicable, all equipment and products purchased with funds made available under
this Agreement will be American-made.
4.10 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
https://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vo13/pdf/CFR-2007-title24-vo13-sec570-
602.pdf
4.11 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations.EO 11246:
https://www.dol.gov/agencies/ofccp/executi ve-order-11246/as-am ended
EO 11375 and 12086: see item#8 below
4.12 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972, 42 USC § 2000e, et. seq. SUBRECIPIENT will, in all solicitations or advertisements for
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employees placed by or on behalf of SUBRECIPIENT, state that it is an Equal Opportunity or
Affirmative Action employer.
Title VII of the Civil Rights Act of 1964 I U.S. Equal Employment Opportunity Commission
(eeoc.gov)
4.13 24 CFR 75 — Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD
Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 75, and all
applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a
condition of the Federal financial assistance provided under this Agreement and binding upon the
COUNTY, the SUBRECIPIENT, and any of the SUBRECIPIENT'S Subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT and any of the SUBRECIPIENT'S subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through which Federal
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
SUBRECIPIENT further agrees to comply with these"Section 3"requirements and to include the
following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a program providing
direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires,
to the greatest extent feasible,opportunities for training and employment be given to low-and very
low-income residents of the project area,and that contracts for work in connection with the project
be awarded to business concerns that provide economic opportunities for low-and very low-income
persons residing in the metropolitan area in which the project is located."
Section 3 requires 25 percent of the total labor hours must be worked by Section 3 workers
and 5 percent of the total labor hours must be worked by Targeted Section 3 workers. If
SUBRECIPIENT is unable to meet these benchmarks,efforts taken to meet the requirements
must be described. Examples include held job fairs, conduct on the job training, outreach
efforts to public housing residents,and connecting residents to supportive services.
SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising
in connection with a housing rehabilitation(including reduction and abatement of lead-based paint
hazards),housing construction,or other public construction project are given to low-and very low-
income persons residing within the metropolitan area in which the CDBG-Funded project is
located; where feasible, priority should be given to low- and very low-income persons within the
service area of the project or the neighborhood in which the project is located,and to low-and very
low-income participants in other HUD programs; and award contracts for work undertaken in
connection with a housing rehabilitation (including reduction and abatement of lead-based paint
hazards), housing construction, or other public construction project to business concerns that
provide economic opportunities for low- and very low-income persons residing within the
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metropolitan area in which the CDBG-Funded project is located;where feasible,priority should be
given to business concerns that provide economic opportunities to low- and very low-income
residents within the service area or the neighborhood in which the project is located, and to low-
and very low-income participants in other HUD programs.
https://www.hud.gov/sites/documents/DOC I2047.PDF
SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would
prevent compliance with these requirements.
https://wwvv.ecfr.gov/current/title-24/subtitle-A/part-75
4.14 SUBRECIPIENT shall not assign or transfer any interest in this Agreement without the prior
written consent of the COUNTY thereto; provided, however, that claims for money due or to
become due to SUBRECIPIENT from CHS under this Agreement may be assigned to a bank,trust
company, or other financial institution without such approval. Notice of any such assignment or
transfer shall be furnished promptly to CHS.
4.15 Age Discrimination Act of 1975,Executive Order 11063,and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107, and 12086.
Age Discrimination Act of 1975
https://www.law.cornell.edu/uscode/text/42/chapter-76
11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.htm
11375: Amended by EO 11478
11478: https://www.archives.gov/federal-register/codification/executive-order/11478.html
12107: https://www.archives.gov/federal-register/codification/executive-order/12107.html
12086: https://www.archives.gov/federal-register/codification/executive-order/12086.htmI
4.16 Contract Work Hours and Safety Standards Act,40 USC 327-332.
https://www.dol.gov/whd/reps/statutes/safe01.pdf
4.17 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5),24 CFR 570.614 Subpart K.
Section 504: https://www.epa.gov/ocr
29 USC 776: https://law.onecle.com/uscode/29/776.html
24 CFR 570.614:https://www.law.cornell.edu/cfr/text/24/570.614
4.18 The Americans with Disabilities Act of 1990:
https://www.hug.gov/program offices/fair housing equal opp
Americans with Disabilities Act of 1990,As Amended I ADA.gov
4.19 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
https://www.fhwa.dot.gov/real estate/uniform act/index.cfm
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4.20 29 CFR Parts 3 and 5 -Regulations that prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all
construction contracts funded by CDBG.
Davis-Bacon Act: 40 USC 276a to 40 USC 276a-5:
40 U.S.C. 276a - https://www.govinfo.gov/app/details/USCODE-2001-tit1e40/USCODE-2001-
title40-chap3-sec276a/context
29 CFR Part 3 -Contractors and Subcontractors on public building or Public Work Financed, in
whole or in part, by Loans or Grants from the United States
https://www.law.cornell.edu/cfr/text/29/part-3
29 CFR Part 5 -Labor Standards Provisions Applicable to Contracts Covering Federally Financed
and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract
Work Hours and Safety Standards Act)
https://www.law.cornell.edu/cfr/text/29/part-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally
assisted projects.https://www.presidency.ucsb.edu/ws/index.php?pid=23675
4.21 As a supplement to the Davis-Bacon Act requirements,the SUBRECIPIENT agrees to comply with
the "Copeland Anti-Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or
subcontractors from inducing an employee to relinquish any part of his/her compensation, under
the federally-funded contract.
18 U.S.C. 874 https://www.govinfo.gov/content/pkg/USCODE-2021-title 18/pdf/USCODE-2021-
ti tl a 18-partl-sec874/context
40 U.S.C. 276c https://www.govinfo.gov/app/details/USCODE-2001-title40/USCODE-2001-
tit1e40-chap3-sec276a/context
4.22 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 -which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise.
https://www.archives.gov/federal-register/codificati on/executive-order/11625.htm l
4.23 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws,regulations,and executive orders referenced in 24 CFR 570.607,as
revised by Executive Order 13279.The applicable non-discrimination provisions in Section 109 of
the Housing and Community Development Act(HCDA)are still applicable.
24 CFR 570.607:
https://www.ecfr.gov/cgi-bin/text-
idx?SID=9eae3f8eaa991 f0411 f383b74003bcb1&mc=true&node=pt24.3.570&rgn=div5#se24.3.5
70 1607
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E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm
4.24 Public Law 100-430-the Fair Housing Amendments Act of 1988.
STATUTE-102-Pg 1619.pdf(govinfo.gov)
4.25 2 CFR 200 et seq-Uniform Administrative Requirements,Cost Principles, and Audit
requirements for Grants and Agreements.
https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title02/2cfr200 main 02.tpl
4.26 2 CFR 200.216 — Prohibition on certain telecommunications and video surveillance services or
equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or
grant funds to: 1)procure or obtain;2)extend or renew a contract to procure or obtain;3)enter into
a contract(or extend or renew a contract)to procure or obtain equipments,services,or systems that
use(s) covered telecommunications equipment or services as a substantial component of any
system, or as critical technology as part of any system.
4.27 Immigration Reform and Control Act of 1986
S.1200- 99th Congress(1985-1986): Immigration Reform and Control Act of 1986
Congress.gov J Library of Congress
4.28 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE-
2010-title42/html/USCODE-2010-title42-chap85.htm
https://www.law.cornell.edu/uscode/text/42/chapter-85
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.govinfo.gov/content/pkg/USCODE-2011-title33/pdf/USCODE-20 11-title33-
chap26.pdf
https://www.law.cornell.eduluscode/text/33/chapter-26
4.29 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 570.605 Subpart K),the SUBRECIPIENT shall assure that for activities located in an
area identified by FEMA as having special flood hazards,flood insurance under the National Flood
Insurance Program is obtained and maintained.If appropriate,a letter of map amendment(LOMA)
may be obtained from FEMA,which would satisfy this requirement and/or reduce the cost of said
flood insurance.
https://www.law.cornell.edu/cfr/text/24/570.605
4.30 SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this Agreement shall be subject to the HUD Lead-Based Paint Poisoning
Prevention Act, found at 24 CFR 570.608, Subpart K. Lead-Based Paint-HUD Exchange
4.31 SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
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forth in 36 CFR Part 800,Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this Agreement.
https://www.achp.gov/sites/default/files/regulations/2017-02/regs-rev04.pdf
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, State, or Local historic property list.
4.32 SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with the
Drug-Free Workplace Act of 1988 (41 USC 701).
https://www.gpo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-title41-chap 10-
sec701
4.33 SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and the SUBRECIPIENT shall not knowingly
enter into any lower tier contract, or other covered transaction, with a person who is similarly
debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609,
Subpart K.
https://www.archives.gov/federal-register/codification/executive-order/12549.html
4.34 SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable and
agrees to adhere to the accounting principles and procedures required therein, utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred. These
requirements are enumerated in 2 CFR 200, et seq.
4.35 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be
submitted to the COUNTY nine(9)months after the end of the SUBRECIPIENT'S fiscal year.The
SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty(180)days after the end of the SUBRECIPIENT'S
fiscal year.Per 2 CFR 200.345,if this Agreement is closed out prior to the receipt of an audit report,
the COUNTY reserves the right to recover any disallowed costs identified in an audit after such
closeout.
eCFR :: 2 CFR Part 200 Subpart F --Audit Requirements
4.36 Any real property acquired by the SUBRECIPIENT for the purpose of carrying out the projects
stated herein and approved by the COUNTY, in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101,shall be subject
to the provisions of CDBG including, but not limited to, the provisions on use and disposition of
property. Any real property within SUBRECIPIENT control, which is acquired or improved, in
whole or part, with CDBG funds in excess of$25,000, must adhere to the CDBG Regulations at
24 CFR 570.505. SUBRECIPIENT agrees to comply with the requirements of 24 CFR 570.606 c
governing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d)
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of the HCD Act; and the requirements in 24 CFR 570.606 (d) governing optional relocation
policies. SUBRECIPIENT shall provide relocation assistance to displaced persons as defined by
24 CFR 570.606(b)(2)that are displaced as a direct result of acquisition,rehabilitation,demolition,
or conversion for a CDBG assisted project. SUBRECIPIENT also agrees to comply with applicable
COUNTY ordinances,resolutions, and policies concerning the displacement of persons from their
residences.
https://www.gpo.gov/fdsys/granule/CFR-1999-title49-vol l/CFR-1999-title49-vol I-sec24-101
https://www.govinfo.gov/app/details/CFR-2012-title24-vo13/CFR-2012-title24-vol3-sec570-505
4.37 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress,in connection with the awarding of any Federal contract,the making of any Federal grant,
the making of any Federal loan,the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions. The undersigned shall require that the language of
this certification be included in the award documents for all sub-awards at all tiers (including
subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
4.38 Travel reimbursement will be based on the U.S. General Services Administration(GSA)per diem
rates in effect at the time of travel. SUBRECIPIENT shall obtain written approval from CHS for
any outside travel outside the metropolitan area with funds provided under this Agreement.
https://www.gsa.gov/portal/content/104877
4.39 Equal access in accordance with the individual's gender identity in community planning and
development programs,per 24 CFR 5.106.
https://www.govregs.com/regulations/expand/tit1e24jjart5 subpartA section5.106
4.40 Housing Counseling,including homeownership counseling or rental housing counseling,as defined
in §5.100, required under or provided in connection with any program administered by HUD shall
be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214
to provide housing counseling,consistent with 12 U.S.C. 1701x,per 24 CFR 5.111.
eCFR: 24 CFR Part 214 Subpart D-- Program Administration
https://www.law.cornell.edu/cfr/text/24/5.111
4.41 HUD Final Rule—Implementation of the Violence Against Women Reauthorization Act of 2013
which applies for all victims of domestic violence, dating violence, sexual assault, and stalking,
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regardless of sex,gender identity, or sexual orientation, and which must be applied consistent
with all nondiscrimination and fair housing requirements.
https://www.federalregister.gov/documents/2016/11/16/2016-25888/violence-against-women-
reauthorizati on-act-of-2013-implementation-in-hud-housing-programs
4.42 Any rule or regulation determined to be applicable by HUD.
4.43 Limited English Proficiency: SUBRECIPIENT agrees to take reasonable steps to provide
meaningful access to the program/project and activities funded under this Agreement for persons
with limited English proficiency pursuant to information located at http://www.lep.gov.
4.44 Equal Treatment of Faith-Based Organizations: By regulation, HUD prohibits all recipient
organizations from using financial assistance from HUD to fund explicitly religious activities. The
SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see
https://oip.gov/about/ocr/partnerships.htm. Discrimination on the basis of religion in employment
is generally prohibited by federal law,but the Religious Freedom Restoration Act is interpreted on
a case-by-case basis to allow some faith-based organizations to receive HUD funds while taking
into account religion when hiring staff.Questions in this regard should be directed to the Office for
Civil Rights.
4.45 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records
in the employment context,except when specifically authorized. SUBRECIPIENT agrees to avoid
the misuse of arrest or conviction records to screen applicants for employment or employees for
retention or promotion that may have a disparate impact based on race or national origin,resulting
in unlawful employment discrimination unless use is otherwise specifically authorized by law. See
https://oip.gov/about/ocr/pdfs/UseofConviction Advisorv.pdf for more details.
4.46 Byrd Anti-Lobbying Amendment(31 U.S.C. § 1352): The SUBRECIPIENT will not use and has
not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress,an officer or employee of Congress,or an employee of a member of Congress
in connection with obtaining any federal contract, grant, or any other award or subaward covered
by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes
place in connection with obtaining any federal award or subaward. Such disclosures are forwarded
from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying
restrictions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its
officers, employees and its subcontractors hereunder comply with all applicable local, state, and
federal laws and regulations governing advocacy of and appearances before any legislative body.
None of the funds provided under this Agreement shall be used for publicity or propaganda
purposes designed to support or defeat any legislation pending before local, state, or federal
legislatures.
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31 U.S.C. 1352 - Limitation on use of appropriated funds to influence certain Federal contracting
and financial transactions - Document in Context - USCODE-2010-title3l-subtitlell-chapl3-
subchaplll-sec1352(govinfo.gov)
31 U.S. Code § 1352 - Limitation on use of appropriated funds to influence certain Federal
contracting and financial transactions I,U.S. Code I US Law I LII / Legal Information Institute
(cornell.edu)
4.47 False Claim; Criminal,or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any
credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other
person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery,
gratuity, or similar misconduct involving subaward agreement funds
18 U.S.Code§ 1001 -Statements or entries generally I U.S.Code I US Law[LII/Legal Information
Institute(cornell.edu)
Beneficiaries are subject to this False Claims Act that include the following:31 U.S.C.3729-False
claims - Document in Context - USCODE-2010-title31-subtitleill-chap37-subchaplll-sec3729
(govinfo.gov)
31 U.S. Code § 3729 - False claims I U.S. Code I US Law I LII / Legal Information Institute
(cornell.edu)
4.48 Political Activities Prohibited: None of the Funds provided directly or indirectly under this
Agreement shall be used for any political activities or to further the election or defeat of any
candidates for public office. Neither this Agreement nor any Funds provided hereunder shall be
utilized in support of any partisan political activities or activities for or against the election of a
candidate for an elected office.
4.49 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD encourages
recipients and subrecipients to adopt and enforce policies banning employees from text messaging
while driving any vehicle during the course of performing work funded by HUD and to establish
workplace safety policies and conduct education,awareness,and other outreach to decrease crashes
caused by distracted drivers.
Executive Order 13513 --Federal Leadership on Reducing Text Messaging while Driving]
whitehouse.gov(archives.gov)
4.50 Trafficking in Persons: SUBRECIPIENT agrees to, at any tier, comply with all applicable
requirements(including requirements to report allegations)pertaining to prohibited conduct related
to the trafficking of persons, whether on the part of the SUBRECIPIENT and any employees of
SUBRECIPIENT. The details of SUBRECIPIENT'S obligations related to prohibited conduct
related to the trafficking of persons are posted at:
https://oip.gov/funding/Explore/ProhibitedConduct-Trafficki ng.htm.
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4.51 Association of Community Organizations for Reform Now (ACORN): SUBRECIPIENT
understands and acknowledges that it cannot use any Federal Funds,either directly or indirectly,in
support of any contract or subaward to either ACORN or its subsidiaries,without the express prior
written approval of HUD.
4.52 If SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment, or performance of experimental,
developmental, or research work under this funding agreement, SUBRECIPIENT must comply
with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations
and Small Busines Firms Under Government Grants,Contracts,and Cooperative Agreements,"and
any implementing regulations issued by HUD.
https://www.ecfr.gov/cgi-
bin/retrieveECFR?gp=&SID=aOO4b6bf2O934ace7a717de76I dc64cO&mc=true&n=pt37.1.401&r
=PART&tv=HTML
4.53 Prohibition of Gifts to COUNTY Employees -No organization or individual shall offer or give,
either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any
COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311.
Florida Statutes-
https://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part iii
Collier County-
http://www.colliergov.net/home/showdocument?id=35137
4.54 Order of Precedence-In the event of any conflict between or among the terms of any of the Contract
Documents,the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except that the terms of any Supplemental Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
4.55 Venue-Any suit of action brought by either party to this Agreement against the other party,relating
to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in
Collier County,FL which courts have sole jurisdiction on all such matters. (No reference required
for this item).
4.56 Dispute Resolution-Prior to the initiation of any action or proceeding permitted by this Agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation, and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
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hereunder, the other party may obtain a court order requiring mediation under section 44.102,
Florida Statutes.The litigation arising out of this Agreement shall be adjudicated in Collier County,
Florida, if in state court; and the US District Court, Middle District of Florida, if in federal court.
BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
https://www.flsenate.gov/Laws/Statutes/2012/44.102
4.57 As provided in§287.133,Florida Statutes,by entering into this Agreement or performing any work
in furtherance hereof,the SUBRECIPIENT certifies that it, its affiliates, suppliers,subcontractors,
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.
This notice is required by § 287.133 (3)(a), Florida Statutes.
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search String=&UR
L=0200-0299/0287/Sections/0287.133.html
4.58 Florida Statutes section 448.095 Employment Eligibility.Per Florida Statute 448.095(3),all Florida
private employers are required to verify employment eligibility for all new hires beginning January
1, 2021. Eligibility determination is not required for continuing employees hired prior to January
1,2021.
http://www.Ieg.state.fl.us/statutes/index.cfm?App mode=Display Statute&URL=0400-
0499/0448/0448.html
4.59 Florida Statutes section 713.20,Part 1, Construction Liens
Statutes&Constitution :View Statutes : Online Sunshine(state.fl.us)
4.60 Florida Statutes section 119.021 Records Retention
Statutes&Constitution :View Statutes : Online Sunshine(state.fl.us)
4.61 Florida Statutes section 119.071,Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.071.html
4.62 ENTIRE AGREEMENT This Agreement constitutes the entire agreement between COUNTY
and SUBRECIPIENT for the use of Funds received under this Agreement and it supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral, or written
between COUNTY and SUBRECIPIENT with respect to this Agreement.
(Signature Page to Follow)
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IN WITNESS WHEREOF,the SUBRECIPIENT and COUNTY,have each respectively,by an authorized
person or agent,hereunder set their hands and seals on the date first written above.
ATTEST: AS TO COUNTY:
CRYSTAL K. KINZEL, CLERK
` I1 BOARD OF COUNTY COMMISSIONERS
tF 4 .L N.�• COLLIER COUNTY,FLORIDA
'A was o•dYdl�f(I m Clerk
signature only. By:
RICK LOCASTRO, CHAIRPERSON
Dated: . 1/2.4' 7.3
A ' Date: 1 1I ) 23
� y •c
r: (111�`w.
AS TO SUBRECIPIENT:
WITNESSES:
COLLIER COUNTY HOUSING AUTHORITY
/00
itness 1 Signature
J� By: ` ,44 yt,
Alt IAn Jkc LULL OSCAR H:' TSCHEL,EXECUTIVE
Witneg#1 Printed Name DIRECTOR
Date:
itness# ig ture
6 ` 2-4 ."�-•-�
mac``) Pow rep [Please provide evidence of signing authority]
Witness#2 rinted Name
Approved as to form and legality:
oP
Derek D. Pea)/
Assistant County Attorney rod
Date: -7In 1 JZ3
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PART V
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County,c/o Community and Human Services Division,3339
Tamiami Trail East, Suite 213, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440,Florida Statutes.
2. Commercial General Liability, including products and completed operations insurance, in the
amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement, in an amount not less than$1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1—3 above,a Certificate of Insurance must be provided as follows:
4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out of the
services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this Agreement. This insurance shall be maintained for a period of two (2) years
after the certificate of Occupancy is issued.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its
Subcontractors to provide, original certificates indicating the following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an"All Risk"basis, in an amount not less than one
hundred(100%)percent of the insurable value of the building(s)or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4001),
the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal
Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under
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the National Flood Insurance Program is obtained and maintained, as a condition of financial
assistance for acquisition or construction purposes(including rehabilitation).
OPERATION/MANAGEMENT PHASE(IF APPLICABLE)
After the Construction Phase is completed and occupancy begins,the following insurance must be kept in
force throughout the duration of the loan and/or Agreement:
7. Workers' Compensation as required by Chapter 440,Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
10. Property Insurance coverage on an"All Risk"basis,in an amount not less than one hundred(100%)
of the replacement cost of the property.Collier County must be shown as a Loss payee,with respect
to this coverage A.T.I.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full
replacement values of the structure(s) or the maximum amount of coverage available through the
National Flood Insurance Program(NFIP). The policy must show Collier County as a Loss Payee
A.T.I.M.A.
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EXHIBIT B
COLLIER COUNTY COMMUNITY&HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SUBRECIPIENT Name: Collier County Housing Authority
SUBRECIPIENT Address: 1800 Farm Worker Way, Immokalee, FL 34142
Project Name: Collier County Housing Authority HVAC Installation
Project No: CD23-01 Payment Request#
Total Payment Minus Retainage
Period of Availability: 10/01/2023 through 04/30/2025
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
Subrecipient CHS Approved
1. Grant Amount Awarded $ $
2.Total Amount of Previous Requests $ $
3.Amount of Today's Request(Total expenditures this $ $
period minus retainage, if applicable)
4. Current Grant Balance(Grant Amount minus previous $ $
requests minus today's request)
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT.To the best of my knowledge and belief,
all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor(Approval required$14,999 and Division Director(Approval Required
below) $15,000 and above)
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EXHIBIT C
QUARTERLY PERFORMANCE REPORT DATA
The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement
and Information System(IDIS).The COUNTY reports information on a quarterly basis.To facilitate in the
preparation of such reports,SUBRECIPIENT shall submit the information contained herein within ten(10)
days of the end of each calendar quarter. At COUNTY's discretion, SUBRECIPIENT may be required to
enter the information collected on this exhibit into an online grant management system.
Subrecipient Name: Collier County Housing Authority Date:
Project Title: Collier County Housing Authority HVAC IDIS#:
Installation
Program Contact: Telephone Number:
Activity Reporting Period Report Due Date
October 1"—December 31 St January 10th
January 1st—March 31 St April 10'
April 1"—June 30th July 10th
July 1"—September 30' October 10th
REPORT FOR QUARTER ENDING:(check one that applies to the corresponding grant period):
012/31/20 ❑3/31/20 ❑ 6/30/20 ❑ 9/30/20 Final / /20_
Please note: The HUD Program year begins October 1,2023—September 30,2024.Each quarterly report must include
cumulative data beginning from the start of the program year October 1,2023.
1. Please list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement and indicate your
progress in meeting those goals since October 1,2023.
a. Outcome Goals: list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement
Outcome 1: Purchase and Installation of HVAC systems in affordable housing units in Immokalee,FL and any
related construction and installation,permits,inspection or related costs and/or fees.
Outcome 2: Document achievement of the LMH National Objective in a minimum of(35)households.
Outcome 3:
b. Goal Progress: Indicate the progress to date in meeting each outcome goal.
Outcome 1:
Outcome 2:
Outcome 3:
2. Is this project still in compliance with the original project schedule: Yes n No n
If No,Explain:
3. Since October 1,2023;of the persons assisted,how many...
Answer ONLY for Public Facilities&Infrastructure Activities *03 Matrix Codes
a. ...now have new access(continuing)to this service or benefit? 0
b. ...now have improved access to this service or benefit? 0
c. ...now receive a service or benefit that is no longer substandard? 0
Total 0
4. What funding sources did the SUBRECIPIENT apply for this period?
Section 108 Loan Guarantee $ CDBG $
Other Consolidated Plan Funds $ HOME $
Other Federal Funds $ ESG $
$ HOPWA $
$ Total Entitlement $
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Funds
5. What is the total number of UNDUPLICATED Persons(LMC)or Households(LMH)served this QUARTER,if
applicable? Answer question 5a or 5b;NOT both
For LMC activities: people,race/ethnicity,and income data are reported by persons.
For LMH activities: households,race/ethnicity,and income level are reported by households,regardless
the number of persons in the household.
a. Total No.Persons/Adults 0 Total No.persons served under 18 0
served(LMC) (LMC)
Quarter Total No.of Persons 0 Quarter Total No.of Persons 0
b. Total No.of Households 0 Total No.of female head of household 0
served (LMH)
6. What is the total number of UNDUPLICATED clients served since October 1,if applicable?
Answer question 6a or 6b,NOT both
For LMC activities:race/ethnicity and income data are reported by persons.
a. Total No.Persons/Adults 0 Total No.Persons served under 18 0
served(LMC) (LMC)
YTD Total: 0 YTD Total 0
b. Total No.Households 0 Total No.female head of household(LMH) 0
served(LMH)
YTD Total 0 YTD Total 0
Complete EITHER question 7 or 8,NOT both
Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed
Benefit categories.
7. PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY
(LMC)Quarter (LMC)YTD
Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED
served this quarter who fall into each presumed benefit persons served since October 1 who fall into each
category(the total should equal the total in question#6a presumed benefit category (the total should equal the
or 6b): total in question#6a or 6b):
a Presumed Benefit Activities Only(LMC)QTR b Presumed Benefit Activities Only(LMC)YTD
0 Abused Children ELI 0 Abused Children ELI
0 Homeless ELI 0 Homeless Person ELI
Person
0 Migrant Farm LI 0 Migrant Farm Workers LI
Workers
0 Battered LI 0 Battered Spouses LI
Spouses
0 Persons LI 0 Persons w/HIV/AIDS LI
w/HIV/AIDS
0 Elderly Persons LI or MOD 0 Elderly Persons LI or
MOD
0 Illiterate Adults LI 0 Illiterate Adults LI
0 Severely LI 0 Severely Disabled Adults LI
Disabled Adults
0 Quarter Total 0 YTD Total
8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category.
Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range
Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED
served this Quarter who fall into each income category persons served since October 1 (YTD)who fall into
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(the total should equal the total in question#6): each income category(the total should equal the total
in question#6):
a ELI Extremely Low 0 b ELI Extremely Low 0
Income(0-30%) Income(0-30%)
LI Low Income(31- 0 LI Low Income 0
50%)
MOD Moderate Income 0 MOD Moderate Income 0
(51-80%) (51-80%)
NON-L/M Above Moderate 0 NON-UM Above Moderate 0
Income(>80%) Income(>80%)
Quarter Total 0 YTD Total 0
9. Is this project in a Low/Mod Area(LMA)? YES NO
Was project completed this quarter? YES NO If yes,complete all of this section 9.
Date project completed
Block Group Census Tract Total Beneficiaries Low/Mod Low/Mod Percentage
Beneficiaries
0 0 0 0 0
Date LMA Narrative approved by CHS?
What documentation supports project completion? (i.e.,
Certificate of Completion or Certificate of Occupancy,
etc.)
10. Racial&Ethnic Data(if applicable)
Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients
clients served this Quarter fall into each race served since October(YTD)fall into each race category.In
category.In addition to each race category,please addition to each race category please indicate how many
indicate how many persons in each race category persons in each race category consider themselves
consider themselves Hispanic. (Total Race column Hispanic.(Total Race column should equal the total in
should equal the total in question 6.) question 6.)
a. RACE ETHNICITY b. RACE ETHNICITY
/HISPANIC /HISPANIC
White 0 0 White 0 0
Black/African American 0 0 Black/African American 0 0
Asian 0 0 Asian 0 0
American Indian/Alaska Native 0 0 American Indian/Alaska 0 0
Native
Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific 0 0
Islander
Black/African American&White 0 0 Black/African American& 0 0
White
American Indian/Alaska Native& 0 0 American Indian/Alaska 0 0
Black/African American Native&Black/African
American
Other Multi-racial 0 0 Other Multi-racial 0 0
0 0 0 0
I hereby certify the above information is true and accurate.
Name:
Signature:
Title:
Your typed name here represents your electronic signature
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EXHIBIT C-1
Community Development Block Grant(CDBG)
Leveraged Funds Report
Leveraged Funds must be identified, tracked, and verifiable. Resources must be fully identified and
described as submitted with SUBRECIPIENT's application.
Subrecipient Name: Collier County Housing Authority
Report Period:
Fiscal Year:
Contract Number: CD23-01
Program: CDBG
Contact Name: Oscar Hentschel
Contact Number:
Leveraged Funds
See EXAMPLE below for how to complete this form.
Source Amount Type Use
Total Project Cost Ratio:
EXAMPLE
Source Amount Type Use
CDBG $1,000,000 Other Federal Land Acquisition
Funds
HOME $870,000 Federal Funds Infrastructure
Private Donation $1,200,000 Cash&In-Kind Infrastructure
Philanthropic $3,500,000 Cash—local funds 52 units Affordable Housing
Total Project Cost $6,570,000 Ratio: $1 Federal Dollar $2.51 Local
Funds
[Signature Page to Follow]
COLLIER COUNTY HOUSING AUTHORITY
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I hereby certify the above information is true and accurate.
Signature: Date:
Printed Name:
Title:
Your typed name here represents your electronic signature.
COLLIER COUNTY HOUSING AUTHORITY
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EXHIBIT D
INCOME CERTIFICATION
INSTRUCTIONS
Complete this form and retain appropriate supporting documentation proving CDBG to the
COUNTY, to the COUNTY, assistance to an eligible beneficiary. Please retain in your
organization's records and have on hand for future monitoring visits.
Effective Date:
A. Household Information
Member Names—All Household Members Relationship Age
1
2
3
4
5
6
7
8
B. Assets: All Household Members,Including Minors
Member Asset Description Cash Value Income
from Assets
1
2
4
5
6
7
8 0.00
Total Cash Value of Assets B(a) 0.00
Total Income from Assets B(b) 0.00
If line B(a) is greater than$5,000,multiply that amount by the rate specified
by HUD(applicable rate 0 .06%)and enter results in B(c),otherwise leave
blank. B(c)
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C. Anticipated Annual Income: Includes Unearned Income and Support Paid on
Behalf of Minors
Member Wages/ Benefits/ Public Other Asset
Salaries Pensions Assistance Income Income
(include tips,
commissions, (Enter the
bonuses,and greater of
overtime) box B(b)or
1 box B(c),
2 above,in
3 box C(e)
4 below)
5
6
7
8
Totals (a) (b) (c) (d) (e)
0.00 0.00 0.00 0.00
Enter total of items C(a)through C(e). 0.00
This amount is the Annual Anticipated Household Income.
D. Recipient Statement: The information on this form is to be used to determine maximum
income for eligibility. I/we have provided, for each person set forth in Item A, acceptable
verification of current and anticipated annual income. I/we certify that the statements are true
and complete to the best of my/our knowledge and belief,and are given under penalty of perjury.
WARNING: Florida Statutes Chapter 817, 18 U.S.C. § 1001 and 31 U.S.C. § 3729 provides that
willful false statements or misrepresentations concerning income and assets or liabilities relating to
financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment
provided under Sections 775.082 and 775.083, Florida Statutes. 31 U.S.C. 3729 - False claims -
Document in Context-USCODE-2010-title3l-subtitleill-chap37-subchapllI-sec3729(govinfo.gov)
Signature of Head of Household Date
Signature of Spouse or Co-Head of Household Date
Adult Household Member(if applicable) Date
Adult Household Member(if applicable) Date
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E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s)
named in Item A of this Income Certification is/are eligible under the provisions of the
CDBG Program. The family or individual(s)constitute(s)a:
❑ Extremely Low-Income (ELI) Household means and individual or family whose annual income
does not exceed 30/50t of the Very Low-Income (60 percent of VLI)percent of the area median
income as determined by the U.S. Department of Housing and Urban Development with
adjustments for household size. (Maximum Income Limit$ ).
❑ Very Low-Income (VLI) Household means and individual or family whose annual income does
not exceed 50 percent of the area median income as determined by the U.S.Department of Housing
and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
❑ Low-Income (LI) Household means and individual or family whose annual income does not
exceed 80 percent of the area median income as determined by the U.S. Department of Housing
and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
Based on the (year) income limits for the Naples-Marco Island Metropolitan
Statistical Area(MSA)of Collier County,Florida.
Signature of the CDBG Administrator or His/Her Designated Representative: •
Signature Date
Printed Name Title
F. Household Data
Number of Persons
By Race/Ethnicity By Age
American Native Other
Indian Asian Black Hawaiian or White 0—25 26—40 41 —61 62+
Other Pac.
Islander
Hispanic
Non-
Hispanic
NOTE:Information concerning the race or ethnicity of the occupants is being gathered for statistical
use only. No beneficiary is required to give such information, and refusal to give such information
will not affect any right he or she has to the CDBG program.
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EXHIBIT E
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of Federal awards to determine if
subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires
that all appropriate documentation is provided regarding the organization's compliance. In determining Federal
awards expended in a fiscal year, the subrecipient must consider all sources of Federal awards, based on when
the activity related to the Federal award occurs, including any Federal award provided by Collier County. The
determination of amounts of Federal awards expended shall be in accordance with the guidelines established by
2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act
Statute 215.97) requirements.
Subrecipient Collier County Housing Authority
Name
First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year (MM/DD/YY)
Total Federal Financial Assistance Expended Total State Financial Assistance Expended during
during most recently completed Fiscal Year most recently completed Fiscal Year
$ $
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been
met, and a Single Audit as required by 2 CFR Part 200 Subpart F has been completed or will be
completed by . Copies of the audit report and management letter are attached
or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑ Are a for-profit organization
❑ Are exempt for other reasons—explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit report. While we
understand that the audit report contains a written response to the finding(s), we are requesting
an updated status of the corrective action(s) being taken. Please do not provide just a copy of
the written response from your audit report, unless it includes details of the actions, procedures,
policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
06/18
COLLIER COUNTY HOUSING AUTHORITY
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FAIN# B-19-UC-12-0016
B-20-UC-12-0016
B-21-UC-12-0016
B-22-UC-12-0016
B-23-UC-12-0016
Federal Award Date 10/2023
Federal Award Agency HUD
CFDA Name Community
Development Block
Grant
CFDA/CSFA# 14.218
Total Amount of Federal $1,000,000.00
Funds Awarded
Subrecipient Name Collier County Housing
Authority
UEI# WHDZXBD56QL 1
FEIN 59-1490555
R&D NA
Indirect Cost Rate NA
Period of Performance 10/1/2023-09/30/2024
Fiscal Year End 09/30
Monitor End: 04/2029
AGREEMENT BETWEEN COLLIER COUNTY
AND
Collier County Housing Authority
CDBG Grant Program—Rental Acquisition
THIS AGREEMENT is made and entered into this 11th day of July 2023 by and between Collier
County, a political subdivision of the State of Florida, ("COUNTY") having its principal address at 3339
Tamiami Trail East, Suite 213, Naples FL 34112, and Collier County Housing Authority
("SUBRECIPIENT"), a public body corporate and politic, created and existing under and by virtue of the
laws of the State of Florida,Chapter 421 having its principal office at 1800 Farm Worker Way,Immokalee,
FL 34142.
WHEREAS,the COUNTY has entered into an Agreement with the United States Department of
Housing and Urban Development(HUD)for a grant to execute and implement a Community Development
Block Grant(CDBG) Program in certain areas of Collier County, pursuant to Title I of the Housing and
Community Development Act of 1974(as amended);and
WHEREAS, the Board of County Commissioners of Collier County ("Board") approved the
Collier County Consolidated Plan—One-year Action Plan for Federal Fiscal Year 2023-2024 for the CDBG
Program with Resolution 2023-131 p on July 11, 2023—Agenda Item 16.D. 3 ; and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans,the COUNTY advertised the 2023-2024 Annual
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Action Plan,on May 18,2023,with a 30-day Citizen Comment period from May 18,2023 to June 17,2023;
and
WHEREAS,the SUBRECIPIENT has submitted a proposal for participation in the Collier County
CDBG program; and
WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in undertaking the CDBG project—(CD-23-02)Rental Acquisition.
NOW,THEREFORE,in consideration of the mutual benefits contained herein,it is agreed by the
Parties as follows:
PART I
SCOPE OF WORK
SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as
a condition of providing CDBG assistance as provided herein and, as determined by Collier County
Community and Human Services(CHS)Division, perform the tasks necessary to conduct the program as
follows:
Project Name: Rental Acquisition
Description of project and outcome: CHS,as an administrator of the CDBG program,will make
available FY 2019-2020,2020-2021,2021-2022,2022-2023, and 2023-2024 CDBG funds up to
the gross amount of$1,000,000.00,to Collier County Housing Authority to fund the acquisition
of(1) or more rental property(ies)(maximum 4 units per property)in Collier County,Florida to
assist qualified low-to moderate income housing participants.
Project Component One: Acquisition of(1)or more rental property(ies)(maximum 4 units per
property)and all associated closing costs including but not limited to insurance,legal fees,
appraisal,recording fees, inspection,and survey.
The property will be deed restricted for five(5)years commencing on the date of initially meeting
one of the National Objectives,in accordance with 24 CFR 570.505, if applicable.
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty (60) calendar days of execution of this Agreement, SUBRECIPIENT must
deliver to CHS for approval,a detailed project schedule for the completion of the project.
B. SUBRECIPIENT must submit the following resolutions and policies to CHS within sixty
(60)days of execution of this Agreement:
® Affirmative Fair Housing Policy
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▪ Affirmative Action/Equal Opportunity Policy
▪ Conflict of Interest Policy(COI) and related COI Forms
® Procurement Policy
• Uniform Relocation Act(URA)Policy
Sexual Harassment Policy
❑ Section 3 Policy
▪ Section 504/ADA Policy
• Fraud,Waste,and Abuse Policy
® Language Assistance and Planning Policy(LAP)
® Limited English Proficiency Policy(LEP)
Violence Against Women Act(VAWA)Policy
▪ LGBTQ Policy
C. Environmental Review Requirement (ERR) — This Agreement does not constitute a
commitment of funds or site approval. The commitment of funds or site approval may
occur only upon satisfactory completion of environmental review, executed by the
COUNTY, and either(i)the determination that the project is exempt or(ii)the COUNTY's
receipt of an approved request for release of funds and certification from HUD, under 24
CFR Part 58. The provision of any funds to the project is conditioned on the COUNTY's
determination to proceed with, modify, or cancel the project based on the results of the
environmental review.No program costs can be incurred until an environmental review of
the project is completed and approved by the COUNTY. Further, SUBRECIPIENT will
not undertake any activity or commit any funds prior to CHS issuing a Notice to Proceed
(NTP) letter. Violation of this provision may result in the termination of this subaward
and/or the denial of any reimbursement of funds under this Agreement.
D. Annual Subrecipient Training— All SUBRECIPIENT staff assigned to the administration
and implementation of the Project established by this Agreement shall attend the CHS-
sponsored Annual SUBRECIPIENT Fair Housing training. In addition, at least one staff
member shall attend all other CHS-offered SUBRECIPIENT training, relevant to the
Project,as determined by the Grant Coordinator,not to exceed four(4)sessions.
E. Limited English Proficiency —Persons who, as a result of national origin, do not speak
English as their primary language and who have limited ability to speak, read, write, or
understand English ("limited English proficient persons" or "LEP persons") may be
entitled to language assistance under Title VI of the Civil Rights Act of 1964(Title VI)in
order to receive a particular service,benefit,or encounter.In accordance with Title VI and
its implementing regulations, SUBRECIPIENT agrees to take reasonable steps to ensure
meaningful access to activities funded with HUD Funds by LEP persons. Any of the
following actions could constitute "reasonable steps," depending on the circumstances:
acquiring translators to translate vital documents; advertisements or notices; acquiring
interpreters for face-to-face interviews with LEP persons; placing advertisements and
notices in newspapers that serve LEP persons; partnering with other organizations that
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serve LEP populations to provide interpretation, translation, or dissemination of
information regarding the project; hiring bilingual employees or volunteers for outreach
and intake activities;contracting with a telephone line interpreter service; etc.
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Description Federal Amount
Project Component 1: Acquisition of(1) or more rental property(ies) (maximum 4 $1,000,000.00
units per property) and all associated closing costs including but not limited to legal
fees,insurance,appraisal,recording fees, inspection,and survey.
Total Federal Funds: $1,000,000.00
SUBRECIPIENT will accomplish the following checked project tasks:
• Pay all closing costs related to property conveyance
▪ Maintain beneficiary income certification documentation, and provide to the COUNTY as
requested
Maintain National Objective Documentation,and provide to COUNTY, as requested
▪ Provide Quarterly Reports on National Objective and project progress
• Provide Quarterly Leverage Funds Report
Ensure attendance by a representative from executive management at scheduled
partnership meetings, as requested by CHS
❑ Ensure attendance by SUBRECIPIENT and General Contractor at Pre-Construction
meetings,prior to SUBBRECIPIENT issuing Notice to Proceed(NTP)to contractor
❑ Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation
n Identify Lead Project Manager
I I Provide Site Design and Specifications
Submit Change Orders for CHS approval prior to SUBRECIPIENT authorizing work
❑ Comply with Davis-Bacon Act Labor Standards and maintain supporting documentation
Comply with Section 3 reporting requirements and maintain supporting documentation
❑ Provide weekly certified payroll throughout construction and rehabilitation
• Comply with Uniform Relocation Act(URA),if applicable
Ensure applicable number of units are Section 504/ADA accessible
• Ensure the applicable continued use period for the project is met
B. National Objective
The CDBG program Funds awarded to Collier County must benefit low- to moderate-income
persons(LMI).As such,SUBRECIPIENT shall ensure that all activities and beneficiaries meet the
definition of:
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Li LMA—Low/Mod Area Benefit
LMC—Low/Mod Clientele Benefit
LMH—Low/Mod Housing Benefit
LMJ—Low/Mod Job Benefit
LMA: Must document that at least 51 percent of the residents are LMI persons, based on
HUD determined eligible census tracts. Failure to achieve the national objective under this
Agreement will require repayment of the CDBG investment for this Agreement.
LMC: Must document that at least 51 percent of persons served, are low- to moderate-
income persons or households,in order to meet a CDBG National Objective.Failure to achieve the
national objective under this Agreement will require repayment of the CDBG investment for this
Agreement.
LMH: Must document providing or improving permanent residential structures, which
upon completion will be occupied by LMI households. Structures with three or more units must
contain at least 51 percent occupied by LMI households, and structures with less than three units
must be occupied by 100 percent LMI households. Failure to achieve the national objective under
this Agreement will require repayment of the CDBG investment for this Agreement.
LMJ: Must document job creation and retention. The LMI benefit national objective
addresses activities designed to create or retain permanent jobs, at least 51 percent of which
(computed on a full-time equivalent basis) will be made available to or held by LMI persons.
Failure to achieve the national objective under this Agreement will require repayment of the CDBG
investment for this Agreement.
C. Performance Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Insurance Exhibit A-Insurance Certificate Within 30 days of Agreement
execution and Annually within
thirty(30)days of renewal
Special Grant Condition Policies Policies as stated in this Within sixty(60) days of
(Section 1.1) Agreement Agreement execution
Detailed Project Schedule Project Schedule Not Applicable
Project Plans and Specifications Site Plans and Specifications Not Applicable
Draft Procurement Documents Uniform Relocation Act Documents are required prior to
(Bid Packet)* Requirement: Including but not written offer and all closing
limited to-Written Offer to documents due 7 days prior to
Purchase,Voluntary Acquisition closing.
Notice,Acquisition Checklist,
Site Occupant Record(Tenant
Interview), Signed Offer,
Appraisal,Inspection, Signed
Sales Contract, Settlement
Statement,Title Commitment
Subcontractor Log Subcontractor Log Not Applicable _
Quarterly Progress Report Exhibit C 1.Quarterly reports within 10
days following the quarter end.
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2.Final report upon submission
of the final pay request in
Neighborly.
3.Annually after closeout for
duration of affordability period
including client list and rental
rates and income
Section 3 Report Quarterly Report of New Hire Not Applicable.
Information
Complaint Logs Fair Housing,EEO,AA and Quarterly,within 10 days
Incident Log following the end of the quarter.
Annually after closeout.
Leverage Funds Report Exhibit C-1 1. Quarterly within 10 days
following quarter end.
2.Final report upon submission
of the final pay request in
Neighborly.
Davis-Bacon Act Certified Weekly Certified Payroll Not Applicable
Payroll reports,forms, and supporting
documentation
Annual Audit Monitoring Exhibit E Annually,within 60 days after
Report FY end
Financial and Compliance Audit Audit,Management Letter,and Annually:nine(9)months after
Supporting Documentation FY end for Single Audit OR one
hundred eighty(180)days after
FY end
Continued Use Certification Continued Use Affidavit, if Annually,for five(5)years after
applicable Project Closeout
Capital Needs Assessment Plan Plan approved by the COUNTY Initial Plan due after
construction completion.
Annually throughout the
continued use period
Program Income Reuse Plan Plan Approved by the COUNTY Annually until 2029
* SUBRECIPIENT's Notice to Proceed may be withheld if procurement deliverables are not submitted
in a timely manner, as stated in Section 1.2.C, Performance Deliverables. SUBRECIPIENT must
submit to the COUNTY for approval,all Change Orders required during the project. Failure to submit
Change Orders in a timely manner, may result in delay or withholding of payment, as well as a cease
work order until all change orders have been reviewed and approved, at which time a new Notice to
Proceed will be issued.
D. Payment Deliverables
Payment Deliverable Payment Supporting Documentation Submission Schedule
Project Component 1: Submission of supporting documents Submitted to CHS no
Acquisition of(1)or more rental must be provided as backup,as evidenced later than 7 days
property(s)(maximum 4 units per by appraisal, sales contract,closing before closing date.
property)and all the associated documents, invoices,proof of payments
closing costs including but not for expenses paid outside closing(invoice
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limited to legal fees,insurance, and canceled check),schedule of values,
appraisal,recording fees, and any other additional documentation
inspection,and survey. as requested.
SUBRECIPIENT'S failure to achieve the National Objective will require repayment of the CDBG
investment under this Agreement.
1.3 PERIOD OF PERFORMANCE
SUBRECIPIENT services shall begin on October 1, 2023 and shall end on September 30, 2024
unless terminated earlier in accordance with provisions of Paragraph 3.8,Defaults,Remedies, and
Termination.
The County Manager or designee may extend the term of this Agreement for a period of up to 180
days after the end of the Agreement, following receipt of SUBRECIPIENT's written request
submitted at least 30 days prior to agreement period of performance end date. Extensions must be
authorized,in writing,by formal letter to the SUBRECIPIENT.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available ONE MILLION DOLLARS AND ZERO CENTS
($1,000,000.00) for use by SUBRECIPIENT during the term of the Agreement(hereinafter, shall
be referred to as the"Funds").
Modification to the Budget and Scope may only be made if approved in advance.Budgeted Fund
shifts among line items shall not be more than 10 percent of the total funding amount and shall not
signify a change in scope.Fund shifts that exceed 10 percent of the Agreement amount shall only
be made with Board of County Commissioners("Board")approval.
The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of CDBG Funds until needed for eligible costs;
and all disbursement requests must be limited to the amount needed at the time of the request.
SUBRECIPIENT may expend Funds only for allowable costs resulting from obligations incurred
during the term of this Agreement. Invoices for work performed are required every month. If no
work has been performed during the month, or if SUBRECIPIENT is not yet prepared to send the
required backup,a$0 invoice is required.Explanations will be required if two consecutive months
of$0 invoices are submitted.Payments shall be made to SUBRECIPIENT when requested as work
progresses, but not more frequently than once per month. Reimbursement will not occur if
SUBRECIPIENT fails to perform the minimum level of service required by this Agreement.
COUNTY will pay SUBRECIPIENT Funds available under this Agreement based on information
submitted by SUBRECIPIENT and consistent with an approved budget and COUNTY policy
mow
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concerning payments. With the exception of certain advances, payments will be made for eligible
expenses actually incurred by SUBRECIPIENT,not to exceed actual cash requirements.Payments
will be adjusted by CHS in accordance with advance Fund and program income balances available
in SUBRECIPIENT accounts.In addition,COUNTY reserves the right to liquidate Funds available
under this Agreement for costs incurred by COUNTY on behalf of SUBRECIPIENT.
The COUNTY shall wire Funds to the title company at closing and secure a 0 percent forgivable
mortgage for the acquisition of the Property. SUBRECIPIENT shall provide CHS closing
disclosures seven (7) days prior to closing and submit Title Insurance to CHS the same day as
closing. No wire transfer will be made until approved by CHS and the Collier County Clerk of
Courts for grant compliance and adherence to all applicable Local, State, or Federal requirements.
Wire transfer will be made upon receipt of closing disclosures and in compliance with section
218.70,Florida Statutes, otherwise known as the"Local Government Prompt Payment Act."
The amount of wire transfer shall not be more than$1,000,000.00.The COUNTY reserves the right
to deny payment of incomplete or altered closing disclosures, inadequately documented expenses,
or expenses for items and services the COUNTY deems to be unusual, not customary, and/or
unreasonable expenses related to the Project.
CHS may withhold any payment request until approved by CHS for grant compliance and
adherence to any and all applicable Local, State, or Federal requirements, including timely
submission of Performance Deliverables contained in Section 1.2.C. Late submission of
deliverables or evidence of project inactivity may cause payment suspension of any open pay
requests until the required deliverables are received or substantial project progression
occurs,as determined by CHS.Except where disputed for noncompliance,payment will be made
upon receipt of a properly completed invoice, and in compliance with sections 218.70-218.80,
Florida Statutes,otherwise known as the"Local Government Prompt Payment Act."
Final invoices are due no later than 90 days after the end of the Agreement.Work performed during
the term of the Program but not invoiced within 90 days after the end of the Agreement may not be
processed without written authorization from the Grant Coordinator.
1.5 RIGHT OF FIRST REFUSAL
If SUBRECIPIENT offers the Property for sale before the end of the Continued Use Period,
SUBRECIPIENT must allow a 90-day right of first refusal (ROFR) period to experienced non-
profit organizations,reasonably approved by the COUNTY,for purchase of the Property at the then
current market value or any other offer considered, in the sole determination of the COUNTY to
be reasonable, for continued occupancy by eligible persons.
The 90-day right of first refusal period begins when a legal advertisement appears in a local
newspaper of general circulation, or other method authorized by statute or regulation, offering the
Property for sale to non-profit organizations.
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1.6 LEVERAGE FUNDS
Leveraged funds must be identified, tracked, and verifiable in the SUBRECIPIENT's records.
Resources must be fully identified and described in the Agreement and the approved budget
submitted with the application. Resources must also meet the following criteria to be allowable as
leverage:
a. Expenditures of leveraged funds or resources are permitted only for eligible activities
and allowable costs under the cost principles specified by the OMB Circulars
referenced in this Agreement. Expenditures must be necessary and reasonable for
proper and efficient accomplishment of project or program objectives.
b. Leveraged resources committed on one project may not be used as leverage or match
for any other project or program.
c. Leveraged resources must represent newly created resources covering expenditures
that would not be incurred if the award were not made.
d. Leveraged resources may not be Federal funds under a different award, except where
Federal statute allows their use for cost sharing(such as the Community Development
Block Grant program).
e. Third-party cash or in-kind contributions offered as leverage require a commitment
letter on company letterhead signed by the individual who is in a position to commit
the in-kind contribution. The contribution is only allowable if not utilized towards
matching dollars.
1.7 COST PRINCIPLES
Payments to SUBRECIPIENT are governed by the Federal grant management rules for cost
allowability, found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section
(Section 1.7-Cost Principles)of this Agreement,SUBRECIPIENT is defined as described in 2 CFR
200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under the
Part I - Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed
specifically to the project referenced the Scope of Work, as defined in 2 CFR 200.413.
SUBRECIPIENT must provide adequate documentation for validating costs incurred.Payments to
SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the
procurement requirements provided in 2 CFR 200.318-200.327. Allowable costs incurred by
Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles.
SUBRECIPIENT may not be subject to 2 CFR Subpart E; however, the COUNTY is and may
impose requirements upon SUBRECIPIENT so that the COUNTY can remain compliant with its
obligation to follow 2 CFR 200 Subpart E. SUBRECIPIENT will use adequate internal controls
and maintain necessary source documentation for all costs incurred, and adhere to any other
accounting requirements included in this Agreement.
1.8 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier,personal delivery, or sent by facsimile or other electronic means. Either party
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may change the address to which notices are to be sent to it by giving written notice of such change
to the other party in the manner herein provided for giving notice.Any notice,request,instruction,
or other document delivered or sent as aforesaid shall be effective on the date of delivery or sending.
All notices and other written communications under this Agreement shall be addressed to the
individuals in the capacities indicated below, unless otherwise modified by subsequent written
notice.
COLLIER COUNTY ATTENTION: Joshua Thomas,Grant Coordinator
Collier County Government
Community and Human Services Division
3339 Tamiami Trail East, Suite 213
Naples,Florida 34112
Email:Joshua.Thomas@colliercountvfl.gov(a,colliercountvfl.gov
Telephone: (239)252-8995
SUBRECIPIENT ATTENTION: Oscar Hentschel,Executive Director
Collier County Housing Authority
1800 Farm Worker Way
Immokalee,Florida 34142
Email:ohentschelecchafl.org
Telephone: (239)657-3649
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PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual
Audit Monitoring report(Exhibit E)no later than 60 days after SUBRECIPIENT'S fiscal year end.
In addition, SUBRECIPIENT shall submit to the COUNTY a financial and compliance Single
Audit report, Management Letter, and supporting documentation nine (9) months (or audited
financial statements, one hundred eighty (180) days for Subrecipients exempt from Single Audit)
after the SUBRECIPIENT'S fiscal year end. The COUNTY will conduct an annual financial and
programmatic review.
SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its
receipt of the report. SUBRECIPIENT's failure to comply with the above audit requirements will
constitute a violation of this Agreement and may result in the withholding of future payments.
SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with
current COUNTY policy concerning Subrecipient audits and 2 CFR 200.501
Federal Award amounts expended shall be determined in accordance with guidelines established
by 2 CFR Part 200, Subpart F-Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
SUBRECIPIENT shall maintain sufficient records, in accordance with 24 CFR 570.506, to
determine compliance with the requirements of this Agreement,the CDBG Program,and all other
applicable laws and regulations. This documentation shall include but is not limited to, the
following:
A. All records required by CDBG regulations.
B. Public records that ordinarily and necessarily would be required by the COUNTY to
perform the service.
C. SUBRECIPIENT shall make available to the COUNTY or CHS at any time upon request,
all reports, plans, surveys, information, documents, maps, books, records, and other data
procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this
Agreement. Materials identified in the previous sentence shall be in accordance with
generally accepted accounting principles (GAAP), procedures, and practices, which
sufficiently and properly reflect all revenues and expenditures of Funds provided directly
or indirectly by this Agreement, including matching funds and Program Income. These
records shall be maintained to the extent of such detail to properly reflect all net costs,
direct and indirect labor,materials, equipment, supplies and services, and other costs and
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expenses of whatever nature for which reimbursement is claimed under the provisions of
this Agreement.
D. Upon completion of all work contemplated under this Agreement,copies of all documents
and records relating to this Agreement shall be surrendered to CHS, if requested. In any
event,SUBRECIPIENT shall keep all documents and records in an orderly fashion,and in
a readily accessible, permanent, and secured location for three (3) years after the date of
submission of the final performance and evaluation report,as prescribed in 2 CFR 200.334,
24 CFR 570.490 and 24 CFR 570.502(a)(7)(ii).However, if any litigation, claim,or audit
is started before the expiration date of the three (3) year period, the records will be
maintained until all litigation,claim,or audit findings involving these records are resolved.
If SUBRECIPIENT ceases to exist after the closeout of this Agreement, it shall notify the
COUNTY in writing, of the address where the records will be kept, as outlined in 2 CFR
200.337. SUBRECIPIENT shall meet all requirements for retaining public records and
transfer,at no cost to COUNTY, all public records in SUBRECIPIENT'S possession upon
termination of the Agreement, and destroy any duplicate, exempt, or confidential public
records that are free from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible with the
COUNTY'S information technology systems.
IF SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, IT SHALL CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-2679,
Michael.Brownlee(a colliercountyfl.gov, 3299 Tamiami Trail East,
Naples, FL 34112.
E. SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Act of
1931, as amended, including files containing contractor payrolls, employee interviews,
Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall
maintain records showing contractor compliance with the Contract Work Hours and Work
Safety Law. Similarly, SUBRECIPIENT shall maintain records showing compliance with
Federal purchasing requirements and other Federal requirements for grant implementation.
F. SUBRECIPIENT is responsible for the creation and maintenance of income eligible files
on clients served, and documentation that all households are eligible under HUD Income
Guidelines. SUBRECIPIENT agrees that CHS shall be the final arbiter on
SUBRECIPIENT'S compliance.
G. SUBRECIPIENT shall document how it complied with the National Objective(s), as
defined in 24 CFR 570.208, and the eligibility requirement(s) under which funding was
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received. This includes special requirements, such as necessary and appropriate
determinations as defined in 24 CFR 570.208,income certification,and written agreements
with beneficiaries,where applicable.
H. SUBRECIPIENT shall provide the public with access to public records on the same terms
and conditions that the COUNTY would provide the records, and at a cost that does not
exceed the cost provided in Chapter 119,Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that exempt or confidential public records that are free from
public records disclosure requirements are not disclosed, except as authorized by 2 CFR
200.337 and 2 CFR 200.338.
2.3 MONITORING
SUBRECIPIENT agrees that CHS may carry out no fewer than one (1) annual on-site monitoring
visit and evaluation of project activities, as determined necessary.At the COUNTY's discretion,a
desktop review may be conducted in lieu of an on-site visit. The continuation of this Agreement is
dependent upon satisfactory evaluations. Upon request by CHS, SUBRECIPIENT shall submit
information and status reports required by CHS or HUD,to enable CHS to evaluate said progress
and allow for completion of CHS's required reports. SUBRECIPIENT shall allow on-site
monitoring by CHS or HUD. Such site visits may be scheduled or unscheduled, as determined by
CHS or HUD.
At any time during normal business hours and as often as the COUNTY(and/or its representatives)
may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit all
records,documentation,and any other data relating to all matters covered by the Agreement.
COUNTY will monitor SUBRECIPIENT'S performance in an attempt to mitigate fraud, waste,
abuse, or non-performance, based on goals and performance standards as stated with all other
applicable laws, regulations, and policies governing the Funds provided under this Agreement,
further defined by 2 CFR 200.332.Substandard performance,as determined by CHS,will constitute
noncompliance with this Agreement. If SUBRECIPIENT does not take corrective action within a
reasonable time period after being notified by CHS, Agreement suspension or termination
procedures will be initiated.SUBRECIPIENT agrees to provide HUD,the HUD Office of Inspector
General,the General Accounting Office,the COUNTY,and/or the COUNTY's internal auditor(s)
access to all records related to performance of activities in this Agreement.
2.4 PREVENTION OF FRAUD,WASTE,AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal control systems and procedures
necessary to prevent,detect,and correct incidents of fraud,waste,and abuse in the performance of
this Agreement,and provide proper and effective management of all Program and Fiscal activities
of the Agreement. SUBRECIPIENT'S internal control systems and all transactions and other
significant events shall be clearly documented,and the documentation shall be readily available for
monitoring by the COUNTY.
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SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees,
and agents for the purpose of monitoring or investigating the performance of this Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate,and prevent
fraud,waste,and abuse.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this Agreement or any law or regulation to the COUNTY, or any
appropriate law enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this Agreement. Penalties may be imposed for failure to implement or make
acceptable progress on such corrective action plans.
To effectively enforce COUNTY Resolution No.2013-228, CHS has adopted an escalation policy
to ensure continued compliance by Subrecipients,Developers, or any entity receiving grant funds
from CHS.The escalation policy for noncompliance is as follows:
1. Initial noncompliance may result in the COUNTY issuing Findings or Concerns to
SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action
plan to CHS within 10 business days following issuance of the report.
• Any pay requests that have been submitted to CHS for payment will be held
until the corrective action plan has been submitted and accepted.
• CHS will be available to provide Technical Assistance (TA) to
SUBRECIPIENT,as needed,in order to correct the noncompliance issue.
2. If SUBRECIPIENT fails to submit the corrective action plan to CHS in a timely
manner, CHS may require SUBRECIPIENT to return a portion of the awarded
grant Funds to the COUNTY.
• CHS may require SUBRECIPIENT to return upwards of 5 percent of the
award amount to the COUNTY, at the discretion of the Board.
• SUBRECIPIENT may be denied future consideration, as set forth in
Resolution No. 2013-228.
3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously
corrected, and has been informed by CHS of their substantial noncompliance by
certified mail, CHS may require SUBRECIPIENT to return to the COUNTY a
portion of the awarded grant amount, or the amount of the CDBG investment for
acquisition of the properties conveyed.
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• CHS may require SUBRECIPIENT to return upwards of 10 percent of the
award amount to the COUNTY, at the discretion of the Board.
• SUBRECIPIENT will be considered in violation of Resolution No. 2013-228.
4. If after repeated notification, SUBRECIPIENT continues to be substantially
noncompliant, CHS may recommend termination of the Agreement or award.
• CHS will make a recommendation to the Board to immediately terminate the
Agreement. SUBRECIPIENT will be required to repay all Funds disbursed by
CHS for the terminated project. This includes the amount invested by the
COUNTY for the initial acquisition of properties or other activities.
• SUBRECIPIENT will be considered in violation of Resolution No. 2013-228.
If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be
noncompliant, the above sanctions may be imposed across all awards, at the Board's
discretion.
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this Agreement,and on the resolution of monitoring findings identified pursuant to this
Agreement, as deemed necessary by the County Manager or designee. Reports showing lack of
project activity may result in the withholding of payment or issuance of a Notice of Non-
Compliance.
During the term of this Agreement,SUBRECIPIENT shall submit quarterly progress reports to the
COUNTY on the 10th day of January,April,July, and October,respectively, for the prior quarter
period end. As part of the report submitted in October, SUBRECIPIENT agrees to include a
comprehensive final report covering the agreed-upon Program objectives, activities, and
expenditures including but not limited to, performance data on client feedback with respect to the
goals and objectives set forth in Exhibit C, the reporting form to be used in fulfillment of this
requirement. Additionally, all leveraged funds utilized in support of this project will be submitted
on Exhibit C-1 as part of the final report. Other reporting requirements may be required by the
County Manager or designee if the Program changes, the need for additional information or
documentation arises, or if legislative amendments are enacted. Reports and requested
documentation not received by the due date shall be considered delinquent and may be cause for
default and termination of this Agreement.
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY,which consent, if given at all,shall be at the COUNTY's sole discretion and judgment.
SUBRECIPIENT shall cause all provisions of this Agreement in its entirety to be included in and
made a part of any subcontract executed in the performance of this Agreement.
3.2 GENERAL COMPLIANCE
SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning
Community Development Block Grants), including subpart K of these regulations, except that(1)
SUBRECIPIENT does not assume the COUNTY'S environmental responsibilities described in 24
CFR 570.604; (2) SUBRECIPIENT does not assume the COUNTY'S responsibility for initiating
the review process under the provisions of 24 CFR Part 52; (3) SUBRECIPIENT is required to
follow the Federal procurement process; and (4) for Developers, revenue generated is not
considered program income.The CDBG program was funded through the Housing and Community
Development Act of 1974. SUBRECIPIENT agrees to comply with all other applicable laws,
regulations, and policies governing the Funds provided under this Agreement. SUBRECIPIENT
further agrees to utilize Funds available under this Agreement to supplement rather than supplant
funds otherwise available.
SUBRECIPIENT is prohibited from using Funds provided herein, or personnel employed in the
administration of the program, for political activities, inherently religious activities, lobbying,
political patronage,and/or nepotism activities.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating
or establishing the relationship of employer/employee between the parties. SUBRECIPIENT shall
always remain an"independent contractor"with respect to the services to be performed under this
Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation,
FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance, as the
SUBRECIPIENT is independent from the COUNTY.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement at any time, provided that such
amendments make specific reference to this Agreement, are executed in writing, signed by a duly
authorized representative of each organization, and approved by the COUNTY'S Board. Such
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amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or
SUBRECIPIENT from its obligations under this Agreement.
The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or
Local governmental guidelines, policies, available funding amounts, or other reasons. If such
amendments result in a change in the funding,scope of services,or schedule of the activities to be
undertaken as part of this Agreement, such modifications will be incorporated only by written
amendment,signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from HUD CDBG grant Funds and must be
implemented in full compliance with all of HUD's rules and regulations and any agreement
between COUNTY and HUD governing the CDBG Funds pertaining to this Agreement. In the
event of curtailment or non-production of said Federal Funds, or the reduction of HUD Funds to
the COUNTY to a level that the County Manager determines to be insufficient to adequately
administer the project,the financial resources necessary to continue to pay SUBRECIPIENT all or
any portion of the Funds will not be available. In either event, the COUNTY may terminate this
Agreement, which shall be effective as of the date it is determined by the County Manager or
designee, in his/her sole discretion and judgment, that the Funds are no longer available. In the
event of such termination, SUBRECIPIENT agrees that it will not look to, nor seek to hold the
COUNTY, nor any individual member of the County Commissioners and/or County
Administration, personally liable for the performance of this Agreement, and the COUNTY shall
be released from any further liability to SUBRECIPIENT under the terms of this Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, SUBRECIPIENT shall indemnify and hold
harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action,which may arise out of an act or omission including
but not limited to,reasonable attorneys'and paralegals'fees,to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of SUBRECIPIENT or any of its agents, officers,
servants,employees,contractors,patrons,guests, clients, licensees,invitees,or any persons acting
under the direction, control, or supervision of SUBRECIPIENT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce
any other rights or remedies, which otherwise may be available to an indemnified party or person
described in this paragraph. SUBRECIPIENT shall pay all claims and losses of any nature
whatsoever in connection therewith, shall defend all suits in the name of the COUNTY, and shall
pay all costs (including attorney's fees) and judgments which may issue there-on. This
Indemnification shall survive the termination and/or expiration of this Agreement. This section
does not pertain to any incident arising from the sole negligence of the COUNTY. The foregoing
indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in
section 768.28, Florida Statutes. This section shall survive the expiration or termination of this
Agreement.
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3.7 GRANTEE RECOGNITION/SPONSORSHIPS
SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements,
descriptions of program sponsorships,research reports,and similar public notices,whether printed
or digitally prepared and released by SUBRECIPIENT for,on behalf of,and/or about the Program
shall include the statement:
"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY
COMMUNITY AND HUMAN SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information to the general public regarding the development
team and Equal Housing Opportunity. Construction signs shall comply with applicable COUNTY
codes. If this Agreement results in any copyrightable material or inventions, CHS and/or the
COUNTY reserve the right to royalty-free, non-exclusive, and irrevocable license to reproduce,
publish, or otherwise use; and authorize others to use the work or materials for governmental
purposes.
3.8 DEFAULTS,REMEDIES,AND TERMINATION
In accordance with 2 CFR 200.341,this Agreement may be terminated for convenience by either
the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such
termination,the effective date,and in the case of partial terminations,the portion to be terminated.
However,in the case of a partial termination,if the COUNTY determines that the remaining portion
of the award will not accomplish the purpose for which the award was made, the COUNTY may
terminate the award in its entirety. This Agreement may also be terminated by the COUNTY if the
award no longer effectuates the program goals or grantor agency priorities.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement, in compliance with 2 CFR 200,Appendix II(A):
A. Failure to comply with any of the rules, regulations, or provisions referred to herein; or such
statutes, regulations, executive orders, and HUD guidelines, policies, or directives as may
become applicable at any time.
B. Failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper
manner.
C. Ineffective or improper use of Funds provided under this Agreement.
D. Submission of reports that are incorrect or incomplete in any material respect.
E. Submission of any false certification.
F. Failure to materially comply with any terms of this Agreement.
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G. Failure to materially comply with the terms of any other agreement between the COUNTY and
SUBRECIPIENT relating to the project.
In the event of any default by SUBRECIPIENT under this Agreement,the COUNTY may seek any
combination of one or more of the following remedies, in compliance with 2 CFR 200,Appendix
II(B):
A. Require specific performance of the Agreement in whole or in part.
B. Require the use of,or change in,professional property management,if applicable.
C. Require SUBRECIPIENT to immediately repay to the COUNTY all CDBG Funds received
under this Agreement.
D. Apply sanctions,if COUNTY determines them to be applicable.
E. Stop all payments until identified deficiencies are corrected.
F. Terminate this Agreement by giving written notice to SUBRECIPIENT specifying the effective
date of such termination.If the Agreement is terminated by the COUNTY,as provided herein,
SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project
activities undertaken under this Agreement.
3.9 SUSPENSION AND DEBARMENT
SUBRECIPIENT certifies that neither it nor its principals are presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by a Federal Department or agency.In addition,SUBRECIPIENT shall not knowingly
enter into any lower tier contract, or other covered transaction, with a suspended or debarred
contractor or vendor,as outlined in Executive Orders 12549(1986)and 12689(1989), Suspension
and Debarment,and 2 CFR 200.214,as further detailed in Section 4.18.
3.10 REVERSION OF ASSETS
In the event of Agreement termination, in addition to any and all other remedies available to the
COUNTY(whether under this Agreement,at law,or in equity),SUBRECIPIENT shall,at the time
of termination(or expiration),immediately transfer to the COUNTY any property on hand and any
accounts receivable attributable to the use of CDBG Funds,per 24 CFR 570.503(b)(7).
The COUNTY'S receipt of any Funds on hand at the time of termination shall not waive the
COUNTY'S right (nor excuse SUBRECIPIENT'S obligation)to recoup all or any portion of the
Funds or property, as the COUNTY may deem necessary.Regulations regarding real property are
subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7).
All program assets (unexpended program income, property, equipment, etc.) shall revert to CHS
upon termination of this Agreement.
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3.11 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until
all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said
insurance shall be carried continuously during SUBRECIPIENT'S performance under the
Agreement.
3.12 ADMINISTRATIVE REQUIREMENTS
SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and
Scope of Work (Part I), Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards(2 CFR 200 et seq.),and Federal Regulations for the Community
Development Block Grant(24 CFR 570 et seq.).
3.13 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through
200.327)and Collier County's Procurement Ordinance#2017-08, as amended. Current COUNTY
purchasing thresholds are:
Range: Competition Required
$0-$50,000 3 Written Quotes
$50,001+ Formal Solicitation(ITB,RFP, etc.)
All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT
employees, or put out to competitive bidding,under a procedure acceptable to the COUNTY and
Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest,responsible,and
qualified bidder. SUBRECIPIENT shall manage and CHS shall monitor contract administration.
CHS shall have access to all records and documents related to the Project.
In accordance with 24 CFR parts 570.202(b)(3)&570.202(b)(4),to the greatest extent practicable,
SUBRECIPIENT shall procure products, similar to Energy Star and Water Sense products and
appliances,that increase the effective use of energy and water in structures.
In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall
provide a preference for the purchase,acquisition,or use of goods,products,or materials produced
in the United States.
In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level of
completion,per 2 CFR 200,Appendix II(J)and 2 CFR 200.323.
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3.14 PROGRAM GENERATED INCOME
No Program Income is anticipated.However,if Program Income is derived from the use of CDBG
Funds disbursed under this Agreement, SUBRECIPIENT shall utilitze such Program Income only
for CDBG-eligible activities approved by the COUNTY. Any Program Income (as such term is
defined under 24 CFR 570.500(a) gained from any SUBRECIPIENT activity funded by CDBG
Funds shall be reported to the COUNTY through an annual Program Income Reuse Plan, utilized
by the SUBRECIPIENT accordingly,and shall comply with 2 CFR 200.307,24 CFR parts 570.489,
570.500, and 570.504 in the operation of the Program. When Program Income is generated by
an activity that is only partially assisted by CDBG Funds, the income shall be prorated to
reflect the percentage of CDBG Funds used. If there is a Program Income balance at the end of
the Program Year, such balance shall revert to the COUNTY's Community Block Grant Program,
for further reallocation.
Acquisition/Improvement of Real Property:Real property under the SUBRECIPIENT'S control
that was acquired or improved,in whole or in part,with CDBG Funds shall be used to meet one of
the CDBG National Objectives pursuant to 24 CFR 570.208, during the continued use period, as
referenced in section 3.16 (Grant Closeout Procedures) of this Agreement. If SUBRECIPIENT
disposes of or otherwise falls to continue to use the CDBG-assisted real property in a manner that
meets a CDBG National Objective, SUBRECIPIENT shall pay the COUNTY an amount equal to
the percentage of the current fair market value of the property, less any disposal costs. The
percentage of appraised value attributable to CDBG and non-CDBG funds expended for the
original acquisition of,or improvement to,the property under the terms of this Agreement shall be
the basis for such percentage. Such payment shall constitute program income to the COUNTY.
Additionally, real property under the SUBRECIPIENT'S control that was acquired or improved,
in whole or in part,with CDBG Funds shall be used to meet one of the CDBG National Objectives,
pursuant to 24 CFR 570.208, during the continued use period as referenced in section 3.15 (Grant
Closeout Procedures) of this Agreement. If SUBRECIPIENT sells, transfers, disposes of, or
otherwise fails to continue to use the CDBG-assisted real property in a manner that meets a CDBG
National Objective, SUBRECIPIENT shall pay the COUNTY an amount equal to a percentage of
the current fair market value of the property, after subtracting disposal costs. The basis for such
percentage shall be the percentage of the appraised value attributable to CDBG and non-CDBG
Funds expended for the original acquisition of,or improvement to,the property under the terms of
this Agreement. Such payment shall constitute program income to the COUNTY.
3.15 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT'S obligation to the COUNTY shall not end until all closeout requirements are
completed. SUBRECIPIENT may close out the project with the COUNTY after the five (5)year
continued use period has been met. The continued use period shall commence following the
SUBRECIPIENT meeting the National Objective, the recording of lien and/or deed restriction
documentation, if applicable, and the closeout of the project within HUD's Integrated Data
Information System(IDIS).Activities during this closeout period shall include but are not limited
to making final payments;disposing of program assets(including the return of all unused materials,
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equipment,Program Income balances,and receivable accounts to the COUNTY);and determining
the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall
remain in effect during any period that SUBRECIPIENT has control over CDBG Funds,including
Program Income. In addition to the records retention outlined in section 2.2 (Records and
Documentation) of this Agreement, SUBRECIPIENT shall comply with section 119.021,Florida
Statutes,regarding records maintenance,preservation, and retention.A conflict between State and
Federal records retention requirements will result in the more stringent law being applied,such that
the record must be held for the longer duration. SUBRECIPIENT must return to the COUNTY any
balance of unobligated Funds that have been advanced or paid, and any Funds paid exceeding the
amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement.
SUBRECIPIENT shall also produce records and information complying with section 215.97,
Florida Statutes,the Florida Single Audit Act. Closeout procedures must take place in accordance
with 2 CFR 200.344.
3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to,
discrimination under any activity carried out by the performance of this Agreement based on race,
color, disability, national origin,religion, age,familial status, or sex. Upon receipt of evidence of
such discrimination,the COUNTY shall have the right to terminate this Agreement.
To the greatest extent feasible, lower-income residents of the project areas shall be given
opportunities for training and employment. Also,to the greatest extent feasible, eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. SUBRECIPIENT shall comply with Section 3 of
the Housing and Community Development Act of 1968.
3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS
ENTERPRISES
SUBRECIPIENT will use its best efforts to afford small businesses and minority and women's
business enterprises the maximum practicable opportunity to participate in the performance of this
Agreement.As used in this Agreement,the term"small business"means a business that meets the
criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and
"minority and women's business enterprise"means a business that is at least 51 percent owned and
controlled by minority group members or women. For the purpose of this definition, "minority
group members" are Black Americans, Hispanic Americans, Asian/PacificAmericans, Native
Americans,and Hasidic Jews. SUBRECIPIENT may rely on written representations by businesses
regarding their status as minority and women's business enterprises, in lieu of an independent
investigation.
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3.18 PROGRAM BENEFICIARIES
If the Agreement is meeting a National Objective through an LMI strategy, at least 51 percent of
the beneficiaries of a project funded through this Agreement must be low- and moderate-income
persons, or presumed to be low- to moderate-income persons based on applicable regulation.
Determination of income eligibility is based on the annual income of the family or household.This
Agreement conforms to the definition of Annual Income, per 24 CFR 570.3(1)(i), where Annual
income is defined under the Section 8 Housing Assistance Payments. Details for calculating the
Annual Income are contained in 24 CFR 5.609, with practical instructions contained in HUD
Handbook 4350.3, Chapter 5.
If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries
countywide,more than 30 percent of the beneficiaries directly assisted under this Agreement must
reside in unincorporated Collier County or in municipalities participating in the COUNTY's Urban
County Qualification Program. The project shall assist beneficiaries as defined above for the time
period designated in Exhibit C of this Agreement.
3.19 AFFIRMATIVE ACTION
SUBRECIPIENT agrees that it is committed to carrying out an Affirmative Action Program
pursuant to the COUNTY'S specifications,in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966.Prior to the award of Funds,SUBRECIPIENT shall
submit to the COUNTY for approval a plan for an Affirmative Action Program. The Affirmative
Action Program must be updated throughout the continued use period and submitted to the
COUNTY within 60 days of any update/modification. SUBRECIPIENT's contracting officer will
send to each labor union or representative of workers with which it has a collective bargaining
agreement or other contract or understanding, a notice advising the labor union or worker's
representative of SUBRECIPIENT's commitments hereunder, and shall post copies of the notice
in conspicuous places available to all employees and applicants for employment.
3.20 CONFLICT OF INTEREST
SUBRECIPIENT covenants that no person under its employ,who presently exercises any functions
or responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the Project areas or any parcels therein,which would conflict in any manner or degree
with the performance of this Agreement;and that SUBRECIPIENT shall not employ or subcontract
with any person having any conflict of interest.The SUBRECIPIENT covenants that it will comply
with all provisions of 24 CFR 570.611 "Conflict of Interest," 2 CFR 200.318, and the State and
County statutes,regulations,ordinances,or resolutions governing conflicts of interest.
SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval, prior to
entering into any contract with an entity owned in whole or in part by a covered person,or an entity
owned or controlled in whole or in part by SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified,and the costs are reasonable.Approval
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of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not
intended to limit SUBRECIPIENT'S ability to self-manage the projects using its own employees.
Any possible conflict of interest on the part of SUBRECIPIENT, its employees, or its contractors
shall be disclosed to CHS in writing,provided however,that this paragraph shall be interpreted in
such a manner so as not to unreasonably impede the statutory requirement that maximum
opportunity be provided for employment of and participation of low- and moderate-income
residents of the project target area.
3.21 BYRD ANTI-LOBBYING AMENDMENT
Each tier certifies that the tier above it will not, and has not,used Federally appropriated Funds to
pay any person or organization for influencing or attempting to influence the award of Federal
Funds, as covered by 31 USC 1352, and more fully described in Section 4.46 of this Agreement.
Contractors who apply or bid for an award of$100,000 or more shall file the required certification.
3.22 RELIGIOUS ORGANIZATIONS
CDBG Funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 570.200(j).
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment and will not
limit employment or give preference in employment to persons based on religion.
B. It will not discriminate against any person applying for public services and will not limit
such services or give preference to persons based on religion.
C. It will retain its independence from Federal, State, and Local governments and may
continue to carry out its mission, including the definition, practice, and expression of its
religious beliefs, provided it does not use direct CDBG Funds to support any inherently
religious activities,such as worship,religious instruction,or proselytizing.
D. It shall not use Funds for the acquisition,construction,or rehabilitation of structures to the
extent that those structures are used for inherently religious activities. Where a structure is
used for both eligible and inherently religious activities, CDBG Funds may not exceed the
cost of those portions of the acquisition,construction,or rehabilitation that are attributable
to eligible activities, in accordance with the cost accounting requirements applicable to
CDBG Funds in this part. Sanctuaries, chapels, or other rooms that a CDBG funded
religious congregation uses as its principal place of worship, however, are ineligible for
CDBG funded improvements.
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3.23 INCIDENT REPORTING
If SUBRECIPIENT provides services to clients under this Agreement, SUBRECIPENT and any
subcontractors shall report knowledge or reasonable suspicion of abuse,neglect,or exploitation of
a child,aged person,or disabled person to the COUNTY.
During the term of this Agreement, SUBRECIPIENT must report to the COUNTY in writing,
within one business day of occurrence,any substantial,controversial,or newsworthy incidents.The
Collier County Standard Subrecipient Incident Report Form shall be used to report all such
incidents.
3.24 SEVERABILITY
Should any provision of this Agreement be determined unenforceable or invalid, such
determination shall not affect the validity or enforceability of any other section or part thereof.
3.25 MISCELLANEOUS
SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives,
and assigns of such other party in respect to all covenants of this Agreement.
SUBRECIPIENT represents and warrants that the financial data, reports, and other information it
furnished to the COUNTY regarding the Project are accurate and complete, and financial
disclosures fairly represent the financial position of SUBRECIPIENT.
SUBRECIPIENT understands that client information collected under this Agreement is private and
the use or disclosure of such information, when not directly connected with the administration of
the COUNTY'S or SUBRECIPIENT's responsibilities with respect to services provided under this
Agreement,is prohibited unless written consent is obtained from such person receiving service and,
in case of a minor,that of a responsible parent/guardian.
SUBRECIPIENT certifies that it has the legal authority to receive the Funds under this Agreement
and its governing body has authorized the execution and acceptance of this Agreement.
SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and
bind SUBRECIPIENT to the terms of this Agreement.
The section headings and subheadings contained in this Agreement are included for convenience
only and shall not limit or otherwise affect the terms of this Agreement.
The Grant Documents shall be construed in accordance with and governed by the laws of the State
of Florida,without giving effect to its provisions regarding choice of laws.
All activities authorized by this Agreement shall be subject to and performed in accordance with
the provisions of the terms and conditions of the Agreement between the COUNTY, the
Regulations,all applicable Federal,State,and Municipal laws,ordinances,regulations,orders,and
guidelines,including but not limited to any applicable regulations issued by the COUNTY.
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Electronic Signatures. This Agreement,and related documents entered into in connection with this
Agreement, are signed when a party's signature is delivered by facsimile, e-mail, or any other
electronic medium. These signatures must be treated in all respects as having the same force and
effect as original signatures.
3.26 WAIVER
The COUNTY'S failure to act with respect to a breach by SUBRECIPIENT does not waive its
right to act with respect to subsequent or similar breaches. The COUNTY'S failure to exercise or
enforce any right or provision shall not constitute a waiver of such right or provision.
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program
https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title24/24cfr570 main_02.tpl
4.2 24 CFR 58-The regulations prescribing the Environmental Review procedure.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=l acdb92f3b05c3f285dd76c26d 14f54e&mc=rue&node=pt24.1.58&rgn=div5
Resource Conservation and Recovery Act(RCRA). Under RCRA codified at 42 USC 6962, state
and local institutions of higher education,hospitals,and non-profit organizations that receive direct
Federal awards or other Federal Funds shall give preference in their procurement programs funded
with Federal funds to the purchase of recycled products pursuant to the EPA guidelines.
Summary of the Resource Conservation and Recovery Act I US EPA
4.3 Hatch Act: The SUBRECIPIENT shall comply with the Hatch Act, 5 USC 1501-1508 and shall
ensure that no funds provided,nor personnel employed under this Agreement, shall be in any way
or to any extent engaged in the conduct of political activities in violation of Chapter 15 Title V of
the USC Federal Register : Political Activity-State or Local Officers or Employees; Federal
Employees Residing in Designated Localities;Federal Employees
4.4 Section 104(d)and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended Section 109 of the HCD Act of 1974 I HUD.gov/U.S.Department of Housing
and Urban Development(HUD)
Section 104(d)of the Housing and Community Development Act of 1974,as amended(see 42 USC
5304(d))-HUD Exchange
4.5 The Fair Housing Act(42 U.S.C. 3601-20)Reasonable Accommodations Under the Fair Housing
Act.https://www.hud.gov/sites/documents/DOC_7771.PDF
https://www.justice.gov/crt/fair-housing-act-1
Executive Order 11063—Equal Opportunity in Housing https://www.archives.gov/federal-
register/codi fi cation/executive-order/11063.html
Executive Order 11259-Leadership& Coordination of Fair Housing in Federal Programs
https://www.archives.gov/federal-register/codification/executive-order/12259.html
24 CFR Part 107-Non-Discrimination and Equal Opportunity in Housing under E.O.
https://www.law.cornell.edu/cfr/text/24/part-107
Title VI of the Civil Rights Act of 1964 as amended,Title VIII of the Civil Rights Act of 1968, as
amended https://www.hud.gov/programdescription/title6
This Agreement is subject to 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other
transfer of land acquired, cleared, or improved with assistance provided under this Agreement,
SUBRECIPIENT shall cause or require a covenant running with the land to be inserted in the deed
or lease of such transfer, prohibiting discrimination herein as defined, in the sale, lease, or rental,
or in the use or occupancy of such land, or in any improvements erected or to be erected thereon,
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providing that the COUNTY and the United States are beneficiaries of and entitled to enforce such
covenants. SUBRECIPIENT, in undertaking its obligation to carry out the program assisted
hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not
itself so discriminate.
4.6 Title IX of the Education Amendments of 1972, as amended, 20 USC 1681, which prohibits
discrimination on the basis of sex in educational programs
Title IX Of The Education Amendments Of 1972(justice.gov)
4.7 The Temporary Assistance for Needy Families Program(TANF)45 CFR Parts 260-265,the Social
Services Block Grant 42 ISC 1397d and other applicable federal regulations and policies
promulgated thereunder.
Temporary Assistance for Needy Families I Benefits.gov
eCFR:45 CFR Part 260--General Temporary Assistance for Needy Families(TANF)Provisions
The Pro-Children Act: Contractor agrees to comply with the Pro-Children Act of 1994, 20 USC
6083.Pro-Children Act Of 1994 I Legislation I US Encyclopedia of law(lawi.us)
4.8 Public Announcements and Advertising: When issuing statements, press releases, requests for
proposals,bid solicitations,and other documents describing projects or programs Funded in whole
or in part with Federal money, SUBRECIPIENTshall clearly state (1) the percentage of the total
costs of the program or project which will be financed with Federal money, (2)the dollar amount
of Federal funds for the project or program,and(3)percentage and dollar amount of the total costs
of the project or program that will be financed by nongovernmental sources.
4.9 Purchase of American-Made Equipment and Products: SUBRECIPIENT assures that, to the
greatest extent practicable,all equipment and products purchased with funds made available under
this Agreement will be American-made.
4.10 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
https://www.gpo.gov/fdsys/pkg/CFR-2007-title24-vo13/pdf/CFR-2007-title24-vo13-sec570-
602.pdf
4.11 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations.EO 11246:
https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended
EO 11375 and 12086: see item#8 below
4.12 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972, 42 USC § 2000e, et. seq. SUBRECIPIENT will, in all solicitations or advertisements for
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employees placed by or on behalf of SUBRECIPIENT, state that it is an Equal Opportunity or
Affirmative Action employer.
Title VII of the Civil Rights Act of 1964 I U.S. Equal Employment Opportunity Commission
(eeoc.gov)
4.13 24 CFR 75 — Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD
Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 75, and all
applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a
condition of the Federal financial assistance provided under this Agreement and binding upon the
COUNTY, the SUBRECIPIENT, and any of the SUBRECIPIENT'S Subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT and any of the SUBRECIPIENT'S subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through which Federal
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
SUBRECIPIENT further agrees to comply with these"Section 3"requirements and to include the
following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a program providing
direct Federal fmancial assistance from HUD and is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires,
to the greatest extent feasible,opportunities for training and employment be given to low-and very
low-income residents of the project area,and that contracts for work in connection with the project
be awarded to business concerns that provide economic opportunities for low-and very low-income
persons residing in the metropolitan area in which the project is located."
Section 3 requires 25 percent of the total labor hours must be worked by Section 3 workers
and 5 percent of the total labor hours must be worked by Targeted Section 3 workers. If
SUBRECIPIENT is unable to meet these benchmarks,efforts taken to meet the requirements
must be described. Examples include held job fairs, conduct on the job training, outreach
efforts to public housing residents,and connecting residents to supportive services.
SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising
in connection with a housing rehabilitation(including reduction and abatement of lead-based paint
hazards),housing construction,or other public construction project are given to low-and very low-
income persons residing within the metropolitan area in which the CDBG-Funded project is
located; where feasible, priority should be given to low- and very low-income persons within the
service area of the project or the neighborhood in which the project is located,and to low-and very
low-income participants in other HUD programs; and award contracts for work undertaken in
connection with a housing rehabilitation (including reduction and abatement of lead-based paint
hazards), housing construction, or other public construction project to business concerns that
provide economic opportunities for low- and very low-income persons residing within the
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metropolitan area in which the CDBG-Funded project is located;where feasible,priority should be
given to business concerns that provide economic opportunities to low- and very low-income
residents within the service area or the neighborhood in which the project is located, and to low-
and very low-income participants in other HUD programs.
https://www.hud.gov/sites/documents/DOC 12047.PDF
SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would
prevent compliance with these requirements.
https://www.ecfr.gov/current/title-24/subtitle-A/part-75
4.14 SUBRECIPIENT shall not assign or transfer any interest in this Agreement without the prior
written consent of the COUNTY thereto; provided, however, that claims for money due or to
become due to SUBRECIPIENT from CHS under this Agreement may be assigned to a bank,trust
company, or other financial institution without such approval. Notice of any such assignment or
transfer shall be furnished promptly to CHS.
4.15 Age Discrimination Act of 1975,Executive Order 11063, and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107, and 12086.
Age Discrimination Act of 1975
https://www.law.cornell.edu/uscode/text/42/chapter-76
11246:https://www.dol.gov/ofccp/regs/statutes/eo11246.htm
11375: Amended by EO 11478
11478:https://www.archives.gov/federal-register/codification/executive-order/11478.html
12107:https://www.archives.gov/federal-register/codification/executive-order/12107.html
12086:https://www.archives.gov/federal-register/codification/executive-order/12086.html
4.16 Contract Work Hours and Safety Standards Act,40 USC 327-332.
https://www.dol.gov/whd/regs/statutes/safe01.pdf
4.17 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5),24 CFR 570.614 Subpart K.
Section 504: https://www.epa.gov/ocr
29 USC 776: https://law.onecle.com/uscode/29/776.html
24 CFR 570.614:https://www.law.cornell.edu/cfr/text/24/570.614
4.18 The Americans with Disabilities Act of 1990:
https://www.hug.gov/program_offices/fair housing_equal_opp
Americans with Disabilities Act of 1990,As Amended I ADA.gov
4.19 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
https://www.fhwa.dot.gov/real_estate/uniform act/index.cfm
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4.20 29 CFR Parts 3 and 5 -Regulations that prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all
construction contracts funded by CDBG.
Davis-Bacon Act: 40 USC 276a to 40 USC 276a-5:
40 U.S.C. 276a - https://www.govinfo.gov/app/details/USCODE-2001-tit1e40/USCODE-2001-
tit1e40-chap3-sec276a/context
29 CFR Part 3 -Contractors and Subcontractors on public building or Public Work Financed, in
whole or in part,by Loans or Grants from the United States
https://www.law.cornell.edu/cfr/text/29/part-3
29 CFR Part 5 -Labor Standards Provisions Applicable to Contracts Covering Federally Financed
and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract
Work Hours and Safety Standards Act)
https://www.law.cornell.edu/cfr/text/29/part-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally
assisted projects.https://www.presidency.ucsb.edu/ws/index.php?pid=23675
4.21 As a supplement to the Davis-Bacon Act requirements,the SUBRECIPIENT agrees to comply with
the "Copeland Anti-Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or
subcontractors from inducing an employee to relinquish any part of his/her compensation, under
the federally-funded contract.
18 U.S.C. 874 https://www.govinfo.gov/content/pkg/USCODE-2021-title18/pdf/USCODE-2021-
title 18-partI-sec874/context
40 U.S.C.276c https://www.govinfo.gov/app/details/USCODE-2001-tit1e40/USCODE-2001-
title40-chap3-sec276a/context
4.22 Executive Order 11625 and U.S.Department of Housing and Urban Development Circular Letter
79-45 -which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise.
https://www.archives.gov/federal-register/codification/executive-order/11625.html
4.23 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws,regulations,and executive orders referenced in 24 CFR 570.607,as
revised by Executive Order 13279.The applicable non-discrimination provisions in Section 109 of
the Housing and Community Development Act(HCDA)are still applicable.
24 CFR 570.607:
https://www.ecfr.gov/cgi-bin/text-
idx?SID=9eae3 f8eaa991 f0411 f383b74003bcb 1&mc=true&node=pt24.3.570&rgn=div5#se24.3.5
70_1607
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E.O. 13279:http://www.fedgovcontracts.com/pe02-96.htm
4.24 Public Law 100-430-the Fair Housing Amendments Act of 1988.
STATUTE-102-Pg1619.pdf(govinfo.govl
4.25 2 CFR 200 et seq-Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title02/2cfr200 main 02.tpl
4.26 2 CFR 200.216 —Prohibition on certain telecommunications and video surveillance services or
equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or
grant funds to: 1)procure or obtain;2)extend or renew a contract to procure or obtain;3)enter into
a contract(or extend or renew a contract)to procure or obtain equipments,services,or systems that
use(s) covered telecommunications equipment or services as a substantial component of any
system,or as critical technology as part of any system.
4.27 Immigration Reform and Control Act of 1986
S.1200-99th Congress(1985-1986): Immigration Reform and Control Act of 1986 I
Congress.gov I Library of Congress
4.28 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE-
2010-title42/html/USCODE-2010-title42-chap85.htm
https://www.law.cornell.edu/uscode/text/42/chapter-85
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.govinfo.gov/content/pkg/USCODE-2011-tit1e33/pdf/USCODE-2011-title33-
chap26.pdf
https://www.law.cornell.edu/uscode/text/33/chapter-26
4.29 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 570.605 Subpart K),the SUBRECIPIENT shall assure that for activities located in an
area identified by FEMA as having special flood hazards,flood insurance under the National Flood
Insurance Program is obtained and maintained.If appropriate,a letter of map amendment(LOMA)
may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said
flood insurance.
https://www.law.cornell.edu/cfr/text/24/570.605
4.30 SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this Agreement shall be subject to the HUD Lead-Based Paint Poisoning
Prevention Act,found at 24 CFR 570.608, Subpart K.Lead-Based Paint-HUD Exchange
4.31 SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
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forth in 36 CFR Part 800,Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties,insofar as they apply to the performance of this Agreement.
https://www.achp.gov/sites/default/files/regulations/2017-02/regs-rev04.pdf
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, State, or Local historic property list.
4.32 SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with the
Drug-Free Workplace Act of 1988 (41 USC 701).
https://www.gpo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-title41-chap 10-
sec701
4.33 SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and the SUBRECIPIENT shall not knowingly
enter into any lower tier contract, or other covered transaction, with a person who is similarly
debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609,
Subpart K.
https://www.archives.gov/federal-register/codification/executive-order/12549.html
4.34 SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable and
agrees to adhere to the accounting principles and procedures required therein, utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred. These
requirements are enumerated in 2 CFR 200, et seq.
4.35 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be
submitted to the COUNTY nine(9)months after the end of the SUBRECIPIENT'S fiscal year.The
SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty(180)days after the end of the SUBRECIPIENT'S
fiscal year.Per 2 CFR 200.345,if this Agreement is closed out prior to the receipt of an audit report,
the COUNTY reserves the right to recover any disallowed costs identified in an audit after such
closeout.
eCFR::2 CFR Part 200 Subpart F--Audit Requirements
4.36 Any real property acquired by the SUBRECIPIENT for the purpose of carrying out the projects
stated herein and approved by the COUNTY, in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101,shall be subject
to the provisions of CDBG including, but not limited to, the provisions on use and disposition of
property. Any real property within SUBRECIPIENT control, which is acquired or improved, in
whole or part, with CDBG funds in excess of$25,000, must adhere to the CDBG Regulations at
24 CFR 570.505. SUBRECIPIENT agrees to comply with the requirements of 24 CFR 570.606 c
governing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d)
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of the HCD Act; and the requirements in 24 CFR 570.606 (d) governing optional relocation
policies. SUBRECIPIENT shall provide relocation assistance to displaced persons as defined by
24 CFR 570.606(b)(2)that are displaced as a direct result of acquisition,rehabilitation,demolition,
or conversion for a CDBG assisted project.SUBRECIPIENT also agrees to comply with applicable
COUNTY ordinances,resolutions,and policies concerning the displacement of persons from their
residences.
https://www.gpo.gov/fdsys/granule/CFR-1999-title49-vol l/CFR-1999-title49-vol 1-sec24-101
https://www.govinfo.gov/app/details/CFR-2012-title24-vol3/CFR-2012-title24-vo13-sec570-505
4.37 No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress,in connection with the awarding of any Federal contract,the making of any Federal grant,
the making of any Federal loan,the entering into of any cooperative agreement,and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress,an officer or employee of Congress, or an employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions. The undersigned shall require that the language of
this certification be included in the award documents for all sub-awards at all tiers (including
subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
4.38 Travel reimbursement will be based on the U.S. General Services Administration(GSA)per diem
rates in effect at the time of travel. SUBRECIPIENT shall obtain written approval from CHS for
any outside travel outside the metropolitan area with funds provided under this Agreement.
https://www.gsa.gov/portal/content/104877
4.39 Equal access in accordance with the individual's gender identity in community planning and
development programs,per 24 CFR 5.106.
https://www.govregs.com/regulations/expand/title24jart5 subpartA section5.106
4.40 Housing Counseling,including homeownership counseling or rental housing counseling,as defined
in§5.100,required under or provided in connection with any program administered by HUD shall
be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214
to provide housing counseling, consistent with 12 U.S.C. 1701x,per 24 CFR 5.111.
eCFR: 24 CFR Part 214 Subpart D--Program Administration
https://www.law.comell.edu/cfr/text/24/5.111
4.41 HUD Final Rule—Implementation of the Violence Against Women Reauthorization Act of 2013
which applies for all victims of domestic violence, dating violence,sexual assault,and stalking,
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regardless of sex,gender identity,or sexual orientation,and which must be applied consistent
with all nondiscrimination and fair housing requirements.
https://www.federalregister.gov/documents/2016/11/16/2016-25888/violence-against-women-
reauthorization-act-of-2013-implementation-in-hud-housing-programs
4.42 Any rule or regulation determined to be applicable by HUD.
4.43 Limited English Proficiency: SUBRECIPIENT agrees to take reasonable steps to provide
meaningful access to the program/project and activities funded under this Agreement for persons
with limited English proficiency pursuant to information located at http://www.lep.gov.
4.44 Equal Treatment of Faith-Based Organizations: By regulation, HUD prohibits all recipient
organizations from using financial assistance from HUD to fund explicitly religious activities.The
SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see
https://ojp.gov/about/ocr/partnerships.htm. Discrimination on the basis of religion in employment
is generally prohibited by federal law,but the Religious Freedom Restoration Act is interpreted on
a case-by-case basis to allow some faith-based organizations to receive HUD funds while taking
into account religion when hiring staff. Questions in this regard should be directed to the Office for
Civil Rights.
4.45 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records
in the employment context,except when specifically authorized. SUBRECIPIENT agrees to avoid
the misuse of arrest or conviction records to screen applicants for employment or employees for
retention or promotion that may have a disparate impact based on race or national origin,resulting
in unlawful employment discrimination unless use is otherwise specifically authorized by law. See
https://oip.gov/about/ocr/pdfs/UseofConviction Advisory.pdf for more details.
4.46 Byrd Anti-Lobbying Amendment(31 U.S.C. § 1352): The SUBRECIPIENT will not use and has
not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress,an officer or employee of Congress,or an employee of a member of Congress
in connection with obtaining any federal contract, grant, or any other award or subaward covered
by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes
place in connection with obtaining any federal award or subaward. Such disclosures are forwarded
from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying
restrictions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its
officers, employees and its subcontractors hereunder comply with all applicable local, state, and
federal laws and regulations governing advocacy of and appearances before any legislative body.
None of the funds provided under this Agreement shall be used for publicity or propaganda
purposes designed to support or defeat any legislation pending before local, state, or federal
legislatures.
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31 U.S.C. 1352 -Limitation on use of appropriated funds to influence certain Federal contracting
and financial transactions - Document in Context - USCODE-2010-title31-subtitlelI-chap13-
subchaplll-sec1352(govinfo.gov)
31 U.S. Code § 1352 - Limitation on use of appropriated funds to influence certain Federal
contracting and financial transactions j U.S. Code I US Law I LII / Legal Information Institute
(cornell.edu)
4.47 False Claim;Criminal,or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any
credible evidence that a principal,employee,agent,contractor,subgrantee,subcontractor,or other
person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery,
gratuity, or similar misconduct involving subaward agreement funds
18 U.S.Code§ 1001-Statements or entries generally[U.S.Code I US Law I LII/Legal Information
Institute(cornell.edu)
Beneficiaries are subject to this False Claims Act that include the following:31 U.S.C.3729-False
claims - Document in Context - USCODE-2010-title3l-subtitlelIl-chap37-subchaplll-sec3729
(govinfo.gov)
31 U.S. Code § 3729 - False claims I U.S. Code I US Law j LII / Legal Information Institute
(cornell.edu)
4.48 Political Activities Prohibited: None of the Funds provided directly or indirectly under this
Agreement shall be used for any political activities or to further the election or defeat of any
candidates for public office. Neither this Agreement nor any Funds provided hereunder shall be
utilized in support of any partisan political activities or activities for or against the election of a
candidate for an elected office.
4.49 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD encourages
recipients and subrecipients to adopt and enforce policies banning employees from text messaging
while driving any vehicle during the course of performing work funded by HUD and to establish
workplace safety policies and conduct education,awareness,and other outreach to decrease crashes
caused by distracted drivers.
Executive Order 13513 --Federal Leadership on Reducing Text Messaging while Driving I
whitehouse.gov(archives.gov)
4.50 Trafficking in Persons: SUBRECIPIENT agrees to, at any tier, comply with all applicable
requirements(including requirements to report allegations)pertaining to prohibited conduct related
to the trafficking of persons, whether on the part of the SUBRECIPIENT and any employees of
SUBRECIPIENT. The details of SUBRECIPIENT'S obligations related to prohibited conduct
related to the trafficking of persons are posted at:
https://oip.gov/funding/Explore/ProhibitedConduct-Trafficking.htm.
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4.51 Association of Community Organizations for Reform Now (ACORN): SUBRECIPIENT
understands and acknowledges that it cannot use any Federal Funds,either directly or indirectly,in
support of any contract or subaward to either ACORN or its subsidiaries,without the express prior
written approval of HUD.
4.52 If SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment, or performance of experimental,
developmental, or research work under this funding agreement, SUBRECIPIENT must comply
with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations
and Small Busines Firms Under Government Grants,Contracts,and Cooperative Agreements,"and
any implementing regulations issued by HUD.
https://www.ecfr.gov/cgi-
bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de761 dc64c0&mc=true&n=pt37.1.401&r
=PART&ty=HTML
4.53 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give,
either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any
COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No.2004-05, as amended,and County Administrative Procedure 5311.
Florida Statutes-
htttps://www.lawserver.com/law/state/floridalstatutes/florida statutes chapter 112_part iii
Collier County-
http://www.colliergov.net/home/showdocument?id=35137
4.54 Order of Precedence-In the event of any conflict between or among the terms of any of the Contract
Documents,the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except that the terms of any Supplemental Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
4.55 Venue-Any suit of action brought by either party to this Agreement against the other party,relating
to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in
Collier County,FL which courts have sole jurisdiction on all such matters. (No reference required
for this item).
4.56 Dispute Resolution-Prior to the initiation of any action or proceeding permitted by this Agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation, and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
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hereunder, the other party may obtain a court order requiring mediation under section 44.102,
Florida Statutes.The litigation arising out of this Agreement shall be adjudicated in Collier County,
Florida, if in state court; and the US District Court, Middle District of Florida, if in federal court.
BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO,OR ARISING OUT OF,THIS AGREEMENT.
https://www.flsenate.gov/Laws/Statutes/2012/44.102
4.57 As provided in§287.133,Florida Statutes,by entering into this Agreement or performing any work
in furtherance hereof,the SUBRECIPIENT certifies that it,its affiliates,suppliers,subcontractors,
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.
This notice is required by §287.133 (3)(a),Florida Statutes.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display Statute&Search_String=&UR
L=0200-0299/0287/Sections/0287.133.html
4.58 Florida Statutes section 448.095 Employment Eligibility.Per Florida Statute 448.095(3),all Florida
private employers are required to verify employment eligibility for all new hires beginning January
1, 2021. Eligibility determination is not required for continuing employees hired prior to January
1,2021.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display Statute&URL=0400-
0499/0448/0448.html
4.59 Florida Statutes section 713.20,Part 1,Construction Liens
Statutes&Constitution:View Statutes :Online Sunshine(state.fl.us)
4.60 Florida Statutes section 119.021 Records Retention
Statutes&Constitution:View Statutes : Online Sunshine(state.fl.us)
4.61 Florida Statutes section 119.071, Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.071.html
4.62 ENTIRE AGREEMENT This Agreement constitutes the entire agreement between COUNTY
and SUBRECIPIENT for the use of Funds received under this Agreement and it supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral, or written
between COUNTY and SUBRECIPIENT with respect to this Agreement.
(Signature Page to Follow)
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IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an
authorized person or agent,hereunder set their hands and seals on the date first written above.
ATTEST: AS TO COUNTY:
CRYSTAL K.KINZEL,CLERK
BOARD OF COUNTY COMMISSIONERS
�j .,
0/' COLLIER COUNTY,FLORIDA
oA.
t es t0 C OW Clerk �/�je,...•--•7
By:
*nature nature Only. _ RICK LOCASTRO,CHAIRPERSON
Dated: ;7 -16% 1.3
y ).,, , T(SEAL) Date: 11 I 2 3
A,,
.'gf/i/fO'lit'ti,
AS TO SUBRECIPIENT:
P' ES:
E tle,,,.. COLLIER COUNTY HOUSING AUTHORITY
itness#1 Signature
(l il [ditch./ � s�.. By:k4,
Oscar Hents , _. i
Witness#1 Printed Name
g-"A"'g Date: Ly -till Z,L3
itness Si nature pp
Nancy Parroa
Witness#2 Printed Name
Appr d as to form and legality:
op
. cz
fl... )—\7
Derek D.Perry )��`L�
Assistant County Attorney ��o�\
Date: 1 ( i / Z 3
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PART V
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County,c/o Community and Human Services Division,3339
Tamiami Trail East, Suite 213, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440,Florida Statutes.
2. Commercial General Liability, including products and completed operations insurance, in the
amount of$1,000,000 per occurrence and$2,000,000 aggregate.Collier County must be shown as
an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement, in an amount not less than$1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1—3 above,a Certificate of Insurance must be provided as follows:
4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out of the
services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this Agreement. This insurance shall be maintained for a period of two (2)years
after the certificate of Occupancy is issued.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its
Subcontractors to provide, original certificates indicating the following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an"All Risk"basis, in an amount not less than one
hundred(100%)percent of the insurable value of the building(s)or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4001),
the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal
Emergency Management Agency(FEMA) as having special flood hazards,flood insurance under
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the National Flood Insurance Program is obtained and maintained, as a condition of financial
assistance for acquisition or construction purposes(including rehabilitation).
OPERATION/MANAGEMENT PHASE(IF APPLICABLE)
After the Construction Phase is completed and occupancy begins,the following insurance must be kept in
force throughout the duration of the loan and/or Agreement:
7. Workers' Compensation as required by Chapter 440,Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this Agreement in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
10. Property Insurance coverage on an"All Risk"basis,in an amount not less than one hundred(100%)
of the replacement cost of the property.Collier County must be shown as a Loss payee,with respect
to this coverage A.T.I.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full
replacement values of the structure(s) or the maximum amount of coverage available through the
National Flood Insurance Program(NFIP). The policy must show Collier County as a Loss Payee
A.T.I.M.A.
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EXHIBIT B
COLLIER COUNTY COMMUNITY&HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SUBRECIPIENT Name: Collier County Housing Authority
SUBRECIPIENT Address: 1800 Farm Worker Way,Immokalee,FL 34142
Project Name: Rental Acquisition
Project No: CD23-02_ Payment Request#
Total Payment Minus Retainage
Period of Availability: October 1,2023 _through September 30, 2024
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
Subrecipient CHS Approved
1. Grant Amount Awarded $ $
2.Total Amount of Previous Requests $ $
3.Amount of Today's Request(Total expenditures this $ $
period minus retainage,if applicable)
4.Current Grant Balance(Grant Amount minus previous $ $
requests minus today's request)
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT.To the best of my knowledge and belief,
all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor(Approval required$14,999 and Division Director(Approval Required
below) $15,000 and above)
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EXHIBIT C
QUARTERLY PERFORMANCE REPORT DATA
The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement
and Information System(IDIS).The COUNTY reports information on a quarterly basis.To facilitate in the
preparation of such reports,SUBRECIPIENT shall submit the information contained herein within ten(10)
days of the end of each calendar quarter.At COUNTY's discretion, SUBRECIPIENT may be required to
enter the information collected on this exhibit into an online grant management system.
Subrecipient Name: Collier County Housing Authority Date:
Project Title: Rental Acquisition IDIS#:
Program Contact: Oscar Hentschel Telephone Number: (239)657-3649
Activity Reporting Period Report Due Date
October 1st—December 315f January 10th
January 1"—March 31" April 10th
April 1"—June 30th July 10th
July 1st—September 30th October 10th
REPORT FOR QUARTER ENDING:(check one that applies to the corresponding grant period):
012/31/20 ❑3/31/20_ ❑6/30/20_ ❑9/30/20_ Final / /20_
Please note: The HUD Program year begins October 1,2023_—September 30,2024 .Each quarterly report must
include cumulative data beginning from the start of the program year October 1,2023_.
1. Please list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement and indicate your
progress in meeting those goals since October 1,2023_.
a. Outcome Goals:list the outcome goal(s)from your approved application and SUBRECIPIENT Agreement
Outcome 1: Acquisition of(1)or more rental property(ies)(maximum 4 units per property)to benefit LMI
households.
Outcome 2: Achievement of LMH National Objective for a minimum of two households residing in newly
acquired rental property(s).
Outcome 3:
b. Goal Progress: Indicate the progress to date in meeting each outcome goal.
Outcome 1:
Outcome 2:
Outcome 3:
2. Is this project still in compliance with the original project schedule: Yes ❑ No ❑
If No,Explain:
3. Since October 1,2023•of the persons assisted,how many...
Answer ONLY for Public Facilities&Infrastructure Activities *03 Matrix Codes
a. ...now have new access(continuing)to this service or benefit? 0
b. ...now have improved access to this service or benefit? 0
c. ...now receive a service or benefit that is no longer substandard? 0
Total 0
4. What funding sources did the SUBRECIPIENT apply for this period?
Section 108 Loan Guarantee $ CDBG $
Other Consolidated Plan Funds $ HOME $
Other Federal Funds $ ESG $
$ HOPWA $
$ Total Entitlement $
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I I I Funds I
5. What is the total number of UNDUPLICATED Persons(LMC)or Households(LMH)served this QUARTER,if
applicable? Answer question 5a or 5b;NOT both
For LMC activities: people,race/ethnicity,and income data are reported by persons.
For LMH activities: households,race/ethnicity,and income level are reported by households,regardless
the number of persons in the household.
a. Total No.Persons/Adults 0 Total No.persons served under 18 0
served(LMC) (LMC)
Quarter Total No.of Persons 0 Quarter Total No.of Persons 0
b. Total No.of Households 0 Total No.of female head of household 0
served (LMH)
6. What is the total number of UNDUPLICATED clients served since October,if applicable?
Answer question 6a or 6b,NOT both
For LMC activities:race/ethnicity and income data are reported by persons.
a. Total No.Persons/Adults 0 Total No.Persons served under 18 0
served(LMC) (LMC)
YTD Total: 0 YTD Total 0
b. Total No.Households 0 Total No.female head of household(LMH) 0
served(LMH)
YTD Total 0 YTD Total 0
Complete EITHER question 7 or 8,NOT both
Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed
Benefit categories.
7. PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY
(LMC)Quarter (LMC)YTD
Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED
served this quarter who fall into each presumed benefit persons served since October 1 who fall into each
category(the total should equal the total in question#6a presumed benefit category (the total should equal the
or 6b): total in question#6a or 6b):
a Presumed Benefit Activities Only(LMC)QTR b Presumed Benefit Activities Only(LMC)YTD
0 Abused Children ELI 0 Abused Children ELI
0 Homeless ELI 0 Homeless Person ELI
Person
0 Migrant Farm LI 0 Migrant Farm Workers LI
Workers
0 Battered LI 0 Battered Spouses LI
Spouses
0 Persons LI 0 Persons w/HIV/AIDS LI
w/HIV/AIDS
0 Elderly Persons LI or MOD 0 Elderly Persons LI or
MOD
0 Illiterate Adults LI 0 Illiterate Adults LI
0 Severely LI 0 Severely Disabled Adults LI
Disabled Adults
0 Quarter Total 0 YTD Total
8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category.
Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range
Indicate the total number of UNDUPLICATED persons Indicate the total number of UNDUPLICATED
served this Quarter who fall into each income category persons served since October 1 (YTD)who fall into
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(the total should equal the total in question#6): each income category(the total should equal the total
in question#6):
a ELI Extremely Low 0 b ELI Extremely Low 0
Income(0-30%) Income(0-30%)
LI Low Income(31- 0 LI Low Income 0
50%)
MOD Moderate Income 0 MOD Moderate Income 0
(51-80%) (51-80%)
NON-L/M Above Moderate 0 NON-L/M Above Moderate 0
Income(>80%) Income(>80%)
Quarter Total 0 YTD Total 0
9. Is this project in a Low/Mod Area(LMA)? YES NO
Was project completed this quarter? YES NO If yes,complete all of this section 9.
Date project completed
Block Group Census Tract Total Beneficiaries Low/Mod Low/Mod Percentage
Beneficiaries
0 0 0 0 0
Date LMA Narrative approved by CHS?
What documentation supports project completion? (i.e.,
Certificate of Completion or Certificate of Occupancy,
etc.)
10. Racial&Ethnic Data(if applicable)
Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients
clients served this Quarter fall into each race served since October(YTD)fall into each race category.In
category.In addition to each race category,please addition to each race category please indicate how many
indicate how many persons in each race category persons in each race category consider themselves
consider themselves Hispanic.(Total Race column Hispanic. (Total Race column should equal the total in
should equal the total in question 6.) question 6.)
a. RACE ETHNICITY b. RACE ETHNICITY
/HISPANIC HISPANIC
White 0 0 White 0 0
Black/African American 0 0 Black/African American 0 0
Asian 0 0 Asian 0 0
0 0 American Indian/Alaska 0 0
American Indian/Alaska Native
Native
Native Hawaiian/Other Pacific Islander 0 0 Native Hawaiian/Other Pacific 0 0
Islander
Black/African American&White 0 0 Black/African American& 0 0
White
0 0 American Indian/Alaska 0 0
American Indian/Alaska Native&
Native&Black/African
Black/African American American
Other Multi-racial 0 0 Other Multi-racial 0 0
0 0 0 0
I hereby certify the above information is true and accurate.
Name:
Signature:
Title:
Your typed name here represents your electronic signature
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EXHIBIT C-1
Community Development Block Grant(CDBG)
Leveraged Funds Report
Leveraged Funds must be identified, tracked, and verifiable. Resources must be fully identified and
described as submitted with SUBRECIPIENT's application.
Subrecipient Name: Collier County Housing Authority
Report Period:
Fiscal Year:
Contract Number: CD 23-02
Program: CDBG
Contact Name: Oscar Hentschel
Contact Number: 239-657-3649
Leveraged Funds
See EXAMPLE below for how to complete this form.
Source Amount Type Use
Total Project Cost Ratio:
EXAMPLE
Source Amount Type Use
CDBG $1,000,000 Other Federal Land Acquisition
Funds
HOME $870,000 Federal Funds Infrastructure
Private Donation $1,200,000 Cash&In-Kind Infrastructure
Philanthropic $3,500,000 Cash—local funds 52 units Affordable Housing
Total Project Cost $6,570,000 Ratio: $1 Federal Dollar $2.51 Local
Funds
[Signature Page to Follow]
[23-SOC-01041/1796861/1]COLLIER COUNTY HOUSING AUTHORITY
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I hereby certify the above information is true and accurate.
Signature: Date:
Printed Name:
Title:
Your typed name here represents your electronic signature.
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EXHIBIT D
INCOME CERTIFICATION
INSTRUCTIONS
Complete this form and retain appropriate supporting documentation proving CDBG to the
COUNTY, to the COUNTY, assistance to an eligible beneficiary. Please retain in your
organization's records and have on hand for future monitoring visits.
Effective Date:
A. Household Information
Member ' Names—All Household Members Relationship Age
1
2
3
4
5
6
7
8
B. Assets:All Household Members,Including Minors
Member Asset Description Cash Value Income
from Assets
1
2
3
4
•
6
7
8 0.00
Total Cash Value of Assets B(a) 0.00
Total Income from Assets B(b) 0.00
If line B(a)is greater than$5,000,multiply that amount by the rate specified
by HUD(applicable rate 0 .06%)and enter results in B(c),otherwise leave
blank. B(c)
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C. Anticipated Annual Income: Includes Unearned Income and Support Paid on
Behalf of Minors
Member Wages/ Benefits/ Public Other Asset
Salaries Pensions Assistance Income Income
(include tips,
commissions, (Enter the
bonuses,and greater of
overtime) box B(b)or
1 box B(c),
2 above, in
3 box C(e)
below)
4
5
6
7
8
Totals (a) (b) (c) (d) (e)
0.00 0.00 0.00 0.00
Enter total of items C(a)through C(e). 0.00
This amount is the Annual Anticipated Household Income.
D. Recipient Statement: The information on this form is to be used to determine maximum
income for eligibility. Uwe have provided, for each person set forth in Item A, acceptable
verification of current and anticipated annual income. Uwe certify that the statements are true
and complete to the best of my/our knowledge and belief,and are given under penalty of perjury.
WARNING: Florida Statutes Chapter 817, 18 U.S.C. § 1001 and 31 U.S.C. § 3729 provides that
willful false statements or misrepresentations concerning income and assets or liabilities relating to
financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment
provided under Sections 775.082 and 775.083, Florida Statutes. 31 U.S.C. 3729 - False claims -
Document in Context-USCODE-2010-title31-subtitlelll-chap37-subchapllI-sec3729(govinfo.gov)
Signature of Head of Household Date
Signature of Spouse or Co-Head of Household Date
Adult Household Member(if applicable) Date
Adult Household Member(if applicable) Date
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E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s)
named in Item A of this Income Certification is/are eligible under the provisions of the
CDBG Program. The family or individual(s)constitute(s)a:
❑ Extremely Low-Income (ELI) Household means and individual or family whose annual income
does not exceed 30/50th of the Very Low-Income(60 percent of VLI)percent of the area median
income as determined by the U.S. Department of Housing and Urban Development with
adjustments for household size. (Maximum Income Limit$ ).
n Very Low-Income (VLI) Household means and individual or family whose annual income does
not exceed 50 percent of the area median income as determined by the U.S.Department of Housing
and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
n Low-Income (LI) Household means and individual or family whose annual income does not
exceed 80 percent of the area median income as determined by the U.S. Department of Housing
and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
Based on the (year) income limits for the Naples-Marco Island Metropolitan
Statistical Area(MSA) of Collier County,Florida.
Signature of the CDBG Administrator or His/Her Designated Representative:
Signature Date
Printed Name Title
F. Household Data
Number of Persons
By Race/Ethnicity By Age
American Native Other
Indian Asian Black Hawaiian or White 0—25 26—40 41-—61 62+
Other Pac.
Islander
Hispanic
Non-
Hispanic
NOTE:Information concerning the race or ethnicity of the occupants is being gathered for statistical
use only. No beneficiary is required to give such information, and refusal to give such information
will not affect any right he or she has to the CDBG program.
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EXHIBIT E
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of Federal awards to determine if
subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires
that all appropriate documentation is provided regarding the organization's compliance. In determining Federal
awards expended in a fiscal year, the subrecipient must consider all sources of Federal awards, based on when
the activity related to the Federal award occurs, including any Federal award provided by Collier County. The
determination of amounts of Federal awards expended shall be in accordance with the guidelines established by
2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act
(Statute 215.97) re uirements.
Subrecipient Collier County Housing Authority
Name
First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year (MM/DD/YY)
Total Federal Financial Assistance Expended Total State Financial Assistance Expended during
during most recently completed Fiscal Year most recently completed Fiscal Year
$ $
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been
met, and a Single Audit as required by 2 CFR Part 200 Subpart F has been completed or will be
completed by . Copies of the audit report and management letter are attached
or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
I Did not exceed the expenditure threshold for the fiscal year indicated above
❑ Are a for-profit organization
❑ Are exempt for other reasons —explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit report. While we
understand that the audit report contains a written response to the finding(s), we are requesting
an updated status of the corrective action(s) being taken. Please do not provide just a copy of
the written response from your audit report, unless it includes details of the actions, procedures,
policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
06/18
[23-SOC-01041/1796861/1]COLLIER COUNTY HOUSING AUTHORITY
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FAIN# E-23-UC-120016
Federal Award Date EST 10/2023
Federal Award Agency HUD
CFDA Name Emergency Solutions Grant
CFDA/CSFA# 14.231
Total Amount of Federal $126,920.00
Funds Awarded
Subrecipient Name The Shelter for Abused
Women&Children,Inc.
UEI# FJA1 VKEREQFA
FEIN 59-2752895
R&D No
Indirect Cost Rate No
Period of Performance October 1,2023—
September 30,2024
Fiscal Year End June 30
Monitor End: December 2024
AGREEMENT BETWEEN COLLIER COUNTY
AND
THE SHELTER FOR ABUSED WOMEN & CHILDREN,INC.
Shelter Operations Program
THIS AGREEMENT is made and entered into this 11`h day of July, 2023, by and between
Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its
principal address as 3339 Tamiami Trail East, Suite 213, Naples, FL 34112, and THE SHELTER FOR
ABUSED WOMEN & CHILDREN, INC. , a private not-for-profit corporation existing under the laws
of the State of Florida, ("SUBRECIPIENT") having its principal office at PO Box 10102, Naples, FL
34101.
WHEREAS, the COUNTY is an entitlement community of the United States Department of
Housing and Urban Development (HUD) for a grant to execute and implement the Emergency Solutions
Grant(ESG)program in certain areas of Collier County, pursuant to the Homeless Emergency Assistance
and Rapid Transition to Housing(HEARTH)Act(24 CFR 576)amending the McKinney-Vento Homeless
Act(42 U.S.C. 11371-11378);and
WHEREAS, pursuant to the aforesaid grant, COUNTY is undertaking certain activities to
primarily benefit homeless individuals in Collier County with the use of ESG funds to improve the quality
of life in Collier County by providing assistance for any of the following five (5) program components:
street outreach, emergency shelter, homelessness prevention, rapid re-housing assistance, and Homeless
Management Information System (HMIS);and
WHEREAS, the Board of County Commissioners of Collier County ("Board") approved the
Collier County Consolidated Plan-One-Year Action Plans for Federal Fiscal Year 2023-2024for the ESG
Program at the July 11, 2023 Board of County Commissioners meeting,Agenda Item#16.D.3 .
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WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans, the COUNTY advertised the 2023 — 2024
Annual Action Plan,on May 18,2023,with a 30-day Citizen Comment period from May 18,2023 to June
17,2023; and
WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in undertaking the Emergency Solutions Grant Project— (ES23-01) The Shelter for
Abused Women&Children, Inc, Shelter Operations.
NOW,THEREFORE,in consideration of the mutual benefits contained herein,it is agreed by the
Parties as follows:
PART I
SCOPE OF SERVICES
SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as
a condition of providing ESG Funds, as determined by Collier County Community and Human Services
Division(CHS),perform the tasks necessary to conduct the program as follows:
PROJECT DETAILS
Emergency Solutions Grant — Shelter Operations Program: Shelter operations expenses and
personnel salaries to benefit homeless individuals and families in Collier County.
Project Component One: Personnel salaries to support Shelter Operations
Project Component Two:Annual Shelter operation expenses which may include but are not limited
to, utilities, security maintenance and monthly security monitoring, trash collection, insurance,
repairs/maintenance,food costs,pest control and lawn care.
1. Project Tasks:
a. Maintain documentation on all households served, in compliance with
24 CFR 576.500
b. Provide quarterly reports on meeting an ESG Eligible Activity
c. Attendance by a representative of SUBRECIPIENT Executive Management
at each Partnership Meeting
2. ESG Documentation Requirements Compliance Criteria:
Activities carried out with funds provided under this Agreement will contribute
to a program designed to be the first step in a continuum of assistance to enable
homeless individuals and families to move toward independent living,as well as
prevent homelessness, as defined in 24 CFR Part 576 (Subpart B Eligible
Activities 576.21).
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1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty(60)calendar days of the execution of this Agreement,SUBRECIPIENT must
deliver to CHS for approval a detailed project schedule for completion of the project.
B. SUBRECIPIENT must submit the following resolutions and policies within sixty(60)days
of the execution of this Agreement.
• Affirmative Fair Housing Policy
• Affirmative Action/Equal Opportunity Policy
• Affirmative Action Plan
• Conflict of Interest Policy(COI)and related COI Forms
Procurement Policy
[ Uniform Relocation Act Policy
• Sexual Harassment Policy
• Section 504/ADA Policy
• Fraud,Waste,and Abuse Policy
• Violence Against Women Act(VAWA)Policy
• LGBTQ Policy
▪ Language Assistance and Planning Policy(LAP)
• Limited English Proficiency Policy(LEP)
• Minimum Habitability Standards Checklist for Emergency Shelters
C. Environmental Review Requirement (ERR) - This Agreement does not constitute a
commitment of Funds or site approval. The commitment of Funds or site approval may
occur only upon satisfactory completion of environmental review executed by the
COUNTY, and either (a) the determination that the project is Exempt or (b) the
COUNTY's receipt of an approved request for release of funds and certification from
HUD, under 24 CFR Part 58. The provision of any funds to the project is conditioned on
the COUNTY's determination to proceed with,modify, or cancel the project based on the
results of the environmental review. No program costs can be incurred until an
environmental review of the project is completed and approved by the COUNTY.Further,
the SUBRECIPIENT will not undertake any activity or commit any funds prior to CHS
issuance of the Notice to Proceed(NTP)letter.Violation of this provision may result in the
termination of this subaward and/or the denial of any reimbursement of funds under this
Agreement.
D. Annual Subrecipient Training- All SUBRECIPIENT staff assigned to the administration
and implementation of the Project established by this Agreement, shall attend the CHS-
sponsored Annual Subrecipient Fair Housing training, except those who attended the
training in the previous year. In addition, at least one staff member shall attend all other
CHS-offered Subrecipient training relevant to the Project, as determined by the Grants
Coordinator, not to exceed four (4) sessions. Requests for exemption, under this special
condition,must be submitted to the Grant Coordinator,in writing,at least 14 days,prior to
the training.
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E. Persons who,as a result of national origin,do not speak English as their primary language
and who have limited ability to speak,read,write,or understand English("limited English
proficient persons" or"LEP persons") may be entitled to language assistance under Title
VI in order to receive a particular service, benefit, or encounter. In accordance with Title
VI of the Civil Rights Act of 1964 (Title VI) and its implementing regulations, the
SUBRECIPIENT agrees to take reasonable steps to ensure meaningful access to activities
funded with HUD Funds by LEP persons. Any of the following actions could constitute
"reasonable steps",depending on the circumstances: acquiring translators to translate vital
documents; advertisements or notices; acquiring interpreters for face to face interviews
with LEP persons; placing advertisements and notices in newspapers that serve LEP
persons; partnering with other organizations that serve LEP populations to provide
interpretation, translation, or dissemination of information regarding the project; hiring
bilingual employees or volunteers for outreach and intake activities; contracting with a
telephone line interpreter service;etc.
1.2 PROJECT DETAILS
A. Project Description/Budget
The budget identified for the Shelter Operations Program shall be as follows:
Description Federal Amount ESG Match 1:1
Project Component 1:Personnel salaries to support Shelter $42,000.00
Operations
Project Component 2: Annual Shelter operations expenses $84,920.00
which may include but are not limited to, utilities,security
maintenance and monthly security monitoring,trash
collection, insurance,repairs/maintenance, food costs,pest
control and lawn care.
ESG Match Requirement Documentation of $126,920.00
ESG Eligible
Matching Funds
Total Federal Funds: $126,920.00
SUBRECIPIENT will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
Maintain and provide to the COUNTY, as requested, beneficiary documentation that
supports the benefit of homelessness
® Provide Quarterly Reports on project progress
Provide Quarterly Leverage Funds Report
® Ensure attendance by a representative from executive management at quarterly partnership
meetings,as requested by CHS
❑ Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation
❑ Identify Lead Project Manager
❑ Provide Site Design and Specifications
❑ Submit Change Orders for CHS approval prior to SUBRECIPIENT authorizing work
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❑ Comply with Davis-Bacon Labor Standards and maintain supporting documentation
(l Provide certified payroll weekly throughout construction and rehabilitation
Comply with Section 3 reporting requirements and maintain supporting documentation
❑ Comply with Uniform Relocation Act(URA),if applicable
❑ Ensure applicable numbers of units are Section 504/ADA accessible
❑ Ensure the applicable affordability period is met for the project
B. Program Components/Eligible Activities
All services/activities funded with ESG Funds must meet one of the ESG program components,as
defined in 24 CFR 576:
• Street Outreach: Funds may cover costs related to essential services for unsheltered
persons (including emergency health or mental health care, engagement, case
management,and services for special populations).
• Emergencv Shelter: Funds may be used for renovation of emergency shelter facilities and
the operation of those facilities, as well as services for the residents (including case
management, childcare,education,employment assistance and job training, legal,mental
health, substance abuse treatment,transportation,and services for special populations).
• Homelessness Prevention and Rapid Re-Housing: Both components fund housing
relocation and stabilization services (including rental application fees, security deposits,
utility deposits or payments, last month's rent, and housing search and placement
activities).Housing may also be used for short-or medium-term rental assistance for those
who are at-risk of becoming homeless or transitioning to stable housing.
• HMIS: Funds may be used to pay the costs for contributing data to the HMIS designated
by the Continuum of Care for the area. Eligible activities include computer hardware,
software,or equipment,technical support,office space,salaries of operators,staff training
costs, and participation fees.
C. Performance Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Insurance Insurance Certificate Within 30 days of Agreement
execution and annually within thirty
(30)days of renewal
Special Grant Condition Policies as stated in this Within sixty(60)days of Agreement
Policies(Section 1.1) Agreement execution
Detailed project Schedule Project Schedule N/A
Project Plans and Site Plans and Specifications N/A
Specifications
Procurement Documents(Bid Independent Cost Estimate N/A
Packet)* Method of Procurement
Solicitation Packet
Subcontractor Log Subcontractor Log N/A
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Quarterly Progress Report Exhibit C 1. Quarterly,within 10 days after the
end of the quarter, including those
quarters where no activity and/or
invoicing has occurred.
2.Final report upon submission of
final pay request.
Leverage Funds Report Exhibit C-1 1.Quarterly,within 10 days after the
end of the quarter, including those
quarters where no activity and/or
invoicing has occurred.
2.Final report upon submission of
final pay request.
Annual Audit Monitoring Exhibit D Annually,within 60 days after FY
Report end
Financial and Compliance Audit,Management Letter and Annually,nine(9)months for Single
Audit Supporting Documentation Audit OR one hundred and eighty
(180)days after FY end.
Program Income Reuse Plan Plan Approved by the N/A
COUNTY
D. Payment Deliverables
Payment Deliverable Payment Supporting Documentation Submission Schedule
Project Component 1: Personnel Upon invoicing using Exhibit B,will Submission of
salaries to support Shelter reimburse allowable expenses as monthly payment
Operations evidenced by properly completed request within 30 days
timesheets,payroll registers/summary, of prior month end
banking documents or canceled checks,
and any additional supporting
documentation as requested.
10%retainage will be withheld on each
payment request. Final 10%released
upon documentation of all beneficiaries
served and a successful closeout
monitoring.
Project Component Two: Annual Upon invoicing using Exhibit B,will Submission of
Shelter operations expenses reimburse allowable expenses with monthly payment
which may include but are not documentation including but not limited request within 30 days
limited to,utilities, security to properly completed invoices,cancelled of prior month end
maintenance and monthly checks/banking documents and any
security monitoring,trash additional supporting documentation as
collection, insurance, requested.
repairs/maintenance,food costs,
pest control and lawn care.
10%retainage will be withheld on each
payment request. Final 10% released
upon documentation of all beneficiaries
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served and a successful closeout
monitoring.
ESG Match Exhibit B-1,along with supporting Match Monthly Match:
documentation submitted with each
submitted pay request
until match obligation
is complete
Final 10 percent of award amount will be paid upon completion of documentation of all beneficiaries and
final monitoring clearance.Retainage will be deducted from each invoice
1.3 PERIOD OF PERFORMANCE
SUBRECIPIENT services shall start on October 1,2023 or the date of County's HUD award, letter
whichever is the latter, and end on September 30, 2024(Term of Agreement). SUBRECIPIENT's
services/activities shall be undertaken and completed considering the purposes of this Agreement.
Any Funds not obligated by the expiration date of this Agreement shall automatically revert to the
COUNTY.
The County Manager or designee may extend the term of this Agreement for a period of up to 180
days after the end of the Agreement following receipt of SUBRECIPIENT's written request
submitted at least 30 days prior to agreement period of performance end date. Extensions must be
authorized, in writing,by formal letter to SUBRECIPIENT.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available ONE HUNDRED TWENTY-SIX THOUSAND NINE
HUNDRED TWENTY DOLLARS AND ZERO CENTS ($126,920.00) for use by
SUBRECIPIENT during the Term of the Agreement(hereinafter referred to as the Funds).
Modifications to the Budget and Scope may only be made if approved in advance.Budgeted Fund
shifts between project components shall not exceed 10 percent of the total funding amount and
signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only
be made with Board of County Commissioner(Board)approval.
The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of ESG Funds until funds are needed for eligible
costs,and all disbursement requests must be limited to the amount needed at the time of the request.
SUBRECIPIENT may expend Funds only for allowable costs resulting from obligations
incurred during the term of this Agreement. Invoices for work performed are required every
month. If no work has been performed during a month, or if SUBRECIPIENT is not yet prepared
to send the required backup, a $0 invoice is required. Explanations will be required if two
consecutive months of$0 invoices are submitted. Payments shall be made to SUBRECIPIENT
when requested as work progresses, but not more frequently than once per month.Reimbursement
will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this
Agreement.
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COUNTY will pay SUBRECIPIENT Funds available under this Agreement based on information
submitted by SUBRECIPIENT and consistent with any approved budget and COUNTY policy
concerning payments. With the exception of certain advances,payments will be made for eligible
expenses actually incurred by SUBRECIPIENT,not to exceed actual cash requirements. Payments
will be adjusted by CHS in accordance with advance Fund and program income balances available
in SUBRECIPIENT accounts.In addition,COUNTY reserves the right to liquidate Funds available
under this Agreement for costs incurred by COUNTY on behalf of SUBRECIPIENT.
Final invoices are due no later than 90 days after the end of the Agreement.Work performed during
the term of the Agreement but not invoiced within 90 days after the end of the Agreement may not
be processed without written authorization from the Grant Coordinator.
CHS may withhold any pay request until approved by CHS for grant compliance and adherence to
any and all applicable Local, State, or Federal requirements, including timely submission of
Performance Deliverables contained in Section 1.2.C. Late submission of deliverables or
evidence of project inactivity may cause payment suspension of any open pay requests until
the required deliverables are received or substantial project progress occurs,as determined
by CHS. Except where disputed for noncompliance, payment will be made upon receipt of a
properly completed invoice, and in compliance with sections 218.70-218.80, Florida Statutes,
otherwise known as the"Local Government Prompt Payment Act."
1.5 MATCH REQUIRED
SUBRECIPIENT must match ESG grant funds dollar-for-dollar, pursuant to 24 CFR 576.201.
Matching funds shall be provided after the date of the grant award.Funds used to match a previous
ESG grant may not be used to match a subsequent grant award.SUBRECIPIENT may comply with
its requirement by providing the matching funds from any source, including any Federal source
other than the ESG program, as well as State, Local, and private sources. SUBRECIPIENT must
ensure the laws governing any Federal funds to be used do not prohibit those funds from being used
to match ESG funds. To meet the required match, the matching contributions must meet all
requirements that apply to the ESG Funds provided by HUD, as required by 24 CFR 576.201(c).
Matching contributions may be in the form of the following:
1. Cash contributions
1. Non-cash contributions calculated per requirements in 24 CFR 576.201(e),including the value
of any real property, equipment, goods, or services contributed to SUBRECIPIENT's ESG
program, provided that, if SUBRECIPIENT had to pay for them with grant Funds, the costs
would have been allowable.Non-cash contributions may include:
a. The purchase value of any donated material or building. SUBRECIPIENT shall
determine the value of any donated material or building,or any lease, using a method
reasonably calculated to establish a fair market value.
b. Match in the form of services provided by individuals must be valued at rates consistent
with those ordinarily paid for similar work in SUBRECIPIENT's organization. If
SUBRECIPIENT does not have employees performing similar work,the rates must be
consistent with those ordinarily paid by other employers for similar work in the same
labor market.
2. Costs paid by program income shall count toward meeting SUBR.ECIPIENT's match
requirements, provided the costs are eligible ESG costs that supplement the ESG program.
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1.6 LEVERAGE FUNDS
In some instances, the award provided by COUNTY is not enough to cover the entire cost of the
project. Other funds are included and considered to be leveraged funds. Leveraged funds must
adhere to all Federal,State and COUNTY rules as it pertains to the project. Leveraged funds must
be identified,tracked,and verifiable in the SUBRECIPIENT's records at monitoring closeout.
Leveraged resources must also meet the following criteria to be allowable as leverage:
a. Expenditures of leveraged funds or resources are permitted only for eligible activities
and allowable costs under the cost principles specified by the OMB Circulars
referenced in this Agreement. Expenditures must be necessary and reasonable for
proper and efficient accomplishments of project or program objectives.
b. Leveraged resources committed on one project may not be used as leverage or match
for any other project or program.
c. Leveraged resources must represent newly created resources covering expenditures
that would not be incurred if the award were not made.
d. Leveraged resources may not be Federal funds under a different award, except where
Federal statute allows their use for cost sharing(such as the Community Development
Block Grant program).
e. Third-party cash or in-kind contributions offered as leverage require a commitment
letter on company letterhead signed by the individual who is in a position to commit
the in-kind contribution. The contribution is only allowable if not utilized towards
matching dollars.
1.7 COST PRINCIPLES
Payments to SUBRECIPIENT are governed by the Federal grant management rules for cost
allowability, found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section
(Section 1.7-Cost Principles)of this Agreement,SUBRECIPIENT is defined as described in 2 CFR
200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under the
Part I - Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed
specifically to the project referenced the Scope of Work, as defined in 2 CFR 200.413.
SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to
SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the
procurement requirements provided in 2 CFR 200.318-200.327. Allowable costs incurred by
Subrecipients and Contractors shall comply with 2 CFR Subpart E-Cost Principles.
SUBRECIPIENT may not be subject to 2 CFR Subpart E; however, the COUNTY is and may
impose requirements upon SUBRECIPIENT so that the COUNTY can remain compliant with its
obligation to follow 2 CFR 200 Subpart E. SUBRECIPIENT will use adequate internal controls
and maintain necessary source documentation for all costs incurred and adhere to any other
accounting requirements included in this Agreement.
1.8 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, personal delivery, facsimile, or other electronic means. Any notice delivered
or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other
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written communications under this Agreement shall be addressed to the individuals in the capacities
indicated below,unless otherwise modified by subsequent written notice.
COLLIER COUNTY ATTENTION: Carolyn Noble,Grant Coordinator
Collier County Government
Community and Human Services Division
3339 Tamiami Trail East, Suite 213
Naples, Florida 34112
Email: Carolyn.Noble@colliercountyfl.gov
Telephone: (239)450-5186
SUBRECIPIENT ATTENTION: Linda Oberhaus,Chief Executive Officer
The Shelter for Abused Women& Children, Inc.
PO Box 10102
Naples,FL 34101
Email: loberhaus@naplesshelter.org
Telephone: (239)280-1350
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PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual
Audit Monitoring report(Exhibit D)no later than 60 days after SUBRECIPIENT'S fiscal year end.
In addition, SUBRECIPIENT shall submit to the COUNTY a financial and compliance Single
Audit report, Management Letter, and supporting documentation nine (9) months (or audited
financial statements, one hundred eighty (180) days for Subrecipients exempt from Single Audit)
after the SUBRECIPIENT'S fiscal year end. The COUNTY will conduct an annual financial and
programmatic review.
SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its
receipt of the report. SUBRECIPIENT's failure to comply with the above audit requirements will
constitute a violation of this Agreement and may result in the withholding of future payments.
SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with
current COUNTY policy concerning Subrecipient audits and 2 CFR 200.501
Federal Award amounts expended shall be determined in accordance with guidelines established
by 2 CFR Part 200, Subpart F-Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 576.500 to
determine compliance with the requirements of this Agreement, the ESG Program, and all other
applicable laws and regulations. This documentation shall include but is not limited to the
following:
A. All records required by ESG regulations.
B. SUBRECIPIENT shall maintain public records that ordinarily and necessarily would be
required by COUNTY to perform the service.
C. SUBRECIPIENT shall make available at any time upon request by the COUNTY or CHS
all reports, plans, surveys, information, documents, maps, books, records, and other data
procedures developed, prepared, assembled, or completed by SUBRECIPIENT for the
purpose of this Agreement. Materials identified in the previous sentence shall be in
accordance with generally accepted accounting principles (GAAP), procedures and
practices, which sufficiently and properly reflect all revenues and expenditures of funds
provided directly or indirectly by this Agreement, including matching funds and Program
Income. These records shall be maintained to the extent of such detail as will properly
reflect all net costs,direct and indirect labor, materials, equipment, supplies,and services,
and other costs and expenses of whatever nature for which reimbursement is claimed under
the provisions of this Agreement.
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D. Upon completion of all work contemplated under this Agreement,copies of all documents
and records relating to this Agreement shall be surrendered to CHS, if requested. In any
event, SUBRECIPIENT shall keep all documents and records in an orderly fashion and in
a readily accessible, permanent, and secured location for five (5) years after the date of
submission of the final performance and evaluation report, as prescribed in 24 CFR
576.500(y).However, if any litigation,claim,or audit is started before the expiration date
of the five(5)year period,the records will be maintained until all litigation,claim,or audit
findings involving these records are resolved. If SUBRECIPIENT ceases to exist after
closeout of this Agreement, it must notify the COUNTY in writing, of the address where
the records are to be kept, as outlined in 2 CFR 200.337. SUBRECIPIENT shall meet all
requirements for retaining public records and transfer, at no cost to the COUNTY, all
public records in SUBRECIPIENT's possession upon termination of the Agreement and
destroy any duplicate, exempt, and/or confidential public records that are released from
public records disclosure requirements. All records stored electronically must be provided
to the COUNTY in a format that is compatible with the COUNTY's information
technology systems.
IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,IT SHALL
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-2679,
Michael.Brownlee@colliercountyfl.gov,3299 Tamiami Trail East,Naples, FL 34112.
E. SUBRECIPIENT shall establish and maintain income eligible files on clients served,and
documentation that all households are eligible under HUD Income Guidelines.
SUBRECIPIENT agrees that CHS shall be the final arbiter on SUBRECIPIENT's
compliance.
F. SUBRECIPIENT shall document how it complied with the Program Component(s), as
defined in 24 CFR 576.100, and the eligibility requirement(s) under which funding has
been received. This includes special requirements such as necessary and appropriate
determinations, as defined in 24 CFR 576.100; income certification; and written
agreements with beneficiaries,where applicable.
G. SUBRECIPIENT shall provide the public with access to public records on the same terms
and conditions that the COUNTY would provide the records, and at a cost that does not
exceed the cost provided in Chapter 119,Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that exempt or confidential public records that are released
from public records disclosure requirements are not disclosed, except as authorized by 2
CFR 200.337 and 2 CFR 200.338.
2.3 MONITORING
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SUBRECIPIENT agrees that CHS may carry out no fewer than one annual on-site monitoring visit
and evaluation activities,as determined necessary.At the COUNTY's discretion,a desktop review
of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is
dependent upon satisfactory evaluations. SUBRECIPIENT shall, upon request by CHS, submit
information and status reports required by CHS or HUD to enable CHS to evaluate said progress
and allow for completion of its required reports. SUBRECIPIENT shall allow CHS or HUD to
monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as
determined by CHS or HUD.
At any time during normal business hours and as often as the COUNTY (and/or its
representatives) may deem necessary, SUBRECIPIENT shall make available for review,
inspection, or audit all records, documentation, and any other data relating to all matters
covered by the Agreement.
The COUNTY will monitor the performance of SUBRECIPIENT in an attempt to mitigate fraud,
waste,abuse,or nonperformance based on goals and performance standards as stated with all other
applicable laws, regulations, and policies governing the Funds provided under this Agreement,
further defined by 2 CFR 200.332.Substandard performance,as determined by the COUNTY,will
constitute noncompliance with this Agreement. If SUBRECIPIENT does not take corrective action
within a reasonable time period after being notified by the COUNTY, Agreement suspension or
termination procedures will be initiated.SUBRECIPIENT agrees to provide HUD,the HUD Office
of Inspector General, the General Accounting Office, COUNTY, or the COUNTY's internal
auditor(s)access to all records related to performance of activities in this Agreement.
2.4 PREVENTION OF FRAUD,WASTE,AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal control systems and procedures
sufficient to prevent,detect,and correct incidents of fraud,waste, and abuse in the performance of
this Agreement, and provide for proper and effective management of all Program and fiscal
activities of the Agreement.SUBRECIPIENT's internal control systems,all transactions,and other
significant events are to be clearly documented, and the documentation shall be readily available
for monitoring by COUNTY.
SUBRECIPIENT shall give COUNTY complete access to all its records, employees, and agents
for the purpose of monitoring or investigating the performance of the Agreement.SUBRECIPIENT
shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent fraud, waste, and
abuse.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this Agreement, or any law or regulation, to the COUNTY or any
appropriate law enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this Agreement. Penalties may be imposed for failure to implement or make
acceptable progress on such corrective action plans.
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To effectively enforce COUNTY Resolution No.2013-228,CHS has adopted an escalation policy
to ensure continued compliance by Subrecipients,Developers, or any entity receiving grant funds
from CHS. The escalation policy for noncompliance is as follows:
1. Initial noncompliance may result in CHS issuing Findings or Concerns to
SUBRECIPIENT,which requires SUBRECIPIENT to submit a corrective action plan
to CHS within 10 business days following issuance of the report.
• Any pay requests that have been submitted to CHS for payment will be held until
the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance(TA)to SUBRECIPIENT,
as needed,to correct the noncompliance issue.
2. If SUBRECIPIENT fails to submit the corrective action plan in a timely manner,CHS
may require a portion of the awarded grant amount to be returned to the COUNTY.
• CHS may require SUBRECIPIENT to return upwards of 5 percent of the award
amount to the COUNTY,at the discretion of the Board.
• SUBRECIPIENT may be denied future consideration as set forth in Resolution
No.2013-228.
3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously
corrected and has been informed by CHS of their substantial noncompliance, by
certified mail, CHS may require a portion of the awarded grant amount or the amount
of the ESG investment for acquisition of the properties conveyed,to be returned to the
COUNTY.
• CHS may require SUBRECIPIENT to return upwards of 10 percent of the award
amount to the COUNTY, at the discretion of the Board.
• SUBRECIPIENT will be in violation of Resolution No. 2013-228.
4. If after repeated notification, SUBRECIPIENT continues to be substantially
noncompliant,CHS may recommend the Agreement or award be terminated.
• CHS will make a recommendation to the Board for immediate termination of the
Agreement. SUBRECIPIENT will be required to repay all Funds disbursed by the
COUNTY for the terminated project. This includes the amount invested by the
COUNTY for the initial acquisition of properties or other activities.
• SUBRECIPIENT will be in violation of Resolution No. 2013-228.
If SUBRECIPIENT has multiple agreements with CHS and is found to be noncompliant,
the above sanctions may be imposed across all awards at the Board's discretion.
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2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this Agreement,and on the resolution of monitoring findings identified pursuant to this
Agreement, as deemed necessary by the County Manager or designee. Reports showing lack of
project activity may result in withholding of payment or issuance of a Notice of
Noncompliance.
During the term of this Agreement,SUBRECI.PIENT shall submit quarterly progress reports to the
COUNTY on the 10th day of January, April,July,and October,respectively,for the prior quarter
period end. As part of the report submitted in October, SUBRECIPIENT also agrees to include, a
comprehensive final report covering the agreed-upon Program objectives, activities, and
expenditures including but not limited to, performance data on client feedback with respect to the
goals and objectives set forth in Exhibit C, which contains a sample reporting form to be used in
fulfillment of this requirement. Additionally,all leveraged funds utilized in support of this project
will be submitted on Exhibit C-1 as part of the final report. Other reporting requirements may be
imposed by the County Manager or designee in the event of Program changes, the need for
additional information or documentation arises, and/or if legislative amendments are enacted.
Reports and/or requested documentation not received by the due date shall be considered delinquent
and may be cause for default and termination of this Agreement.
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY,which consent, if given at all,shall be at the COUNTY's sole discretion and judgment.
SUBRECIPIENT shall cause all provisions of this Agreement in its entirety to be included
in and made a part of any subcontract executed in the performance of this Agreement.
3.2 GENERAL COMPLIANCE
SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 576, the U.S. Housing and Urban Development regulations concerning the
HEARTH Act. SUBRECIPIENT also agrees to comply with all other applicable Federal, State,
and Local laws, regulations, and policies governing the Funds provided under this Agreement.
SUBRECIPIENT further agrees to utilize Funds available under this Agreement to supplement
rather than supplant funds otherwise available.
SUBRECIPIENT is prohibited from using Funds provided herein, or personnel employed
in the administration of the program, for political activities, inherently religious activities,
lobbying,political patronage, and/or nepotism activities.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating
or establishing the relationship of employer/employee between the parties. SUBRECIPIENT shall
always remain an"independent contractor"with respect to the services to be performed under this
Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation,
FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance as the
SUBRECIPIENT is independent from the COUNTY.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a
duly authorized representative of each organization,and approved by the COUNTY's Board. Such
amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or
SUBRECIPIENT from its obligations under this Agreement.
The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State, or
governmental guidelines, policies, available funding amounts, or other reasons. If such
amendments result in a change in the funding,scope of services,or schedule of the activities to be
undertaken as part of this Agreement, such modifications will be incorporated only by written
amendment signed by both COUNTY and SUBRECIPIENT.
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3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from HUD ESG grant funds and must be
implemented in full compliance with all of HUD's rules and regulations and any agreement
between COUNTY and HUD governing ESG Funds pertaining to this Agreement.In the event of
curtailment or non-production of said Federal Funds,or the reduction of HUD Funds to the
COUNTY to a level that the County Manager determines to be insufficient to adequately
administer the project, the financial resources necessary to continue to pay
SUBRECIPIENT all or any portion of the Funds will not be available. In either event, the
COUNTY may terminate this Agreement, which shall be effective as of the date it is
determined by the County Manager or designee, in his/her sole discretion and judgment,
that the Funds are no longer available. In the event of such termination,SUBRECIPIENT agrees
that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County
Commissioners and/or County Administration, personally liable for the performance of this
Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT
under the terms of this Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless Collier County, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act or omission, including
but not limited to reasonable attorneys' and paralegals' fees,to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of SUBRECIPIENT or any of its agents, officers,
servants,employees,contractors, patrons,guests,clients, licensees,invitees,or any persons acting
under the direction, control, or supervision of the SUBRECIPIENT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph. SUBRECIPIENT shall pay all claims and losses of any nature
whatsoever in connection therewith, shall defend all suits in the name of the COUNTY, and shall
pay all costs (including attorney's fees) and judgments which may issue thereon. This
Indemnification shall survive the termination and/or expiration of this Agreement. This section
does not pertain to any incident arising from the sole negligence of the COUNTY. The foregoing
indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in
section 768.28, Florida Statutes. This Section shall survive the expiration or termination of this
Agreement.
3.7 COUNTY RECOGNITION/SPONSORSHIPS
SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements,
descriptions of the Program sponsorships, research reports, and similar public notices, whether
printed or digitally prepared, and released by SUBRECIPIENT for, on behalf of, and/or about the
Program shall include the statement:
"FINANCED IN PART BY THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT(HUD)AND COLLIER
COUNTY COMMUNITY AND HUMAN SERVICES DIVISION"
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and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team, as well as
Equal Housing Opportunity to the general public.Construction signs shall comply with applicable
COUNTY codes.If this Agreement results in any copyrightable material or inventions,CHS
and/or the COUNTY reserve the right to royalty-free, non-exclusive, and irrevocable
license to reproduce, publish, or otherwise use; and authorize others to use the work or
materials for governmental purposes.
3.8 DEFAULTS,REMEDIES,AND TERMINATION
In accordance with 2 CFR 200.341, this Agreement may be terminated for convenience by either
the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such
termination,the effective date,and in the case of partial terminations,the portion to be terminated.
However,in the case of a partial termination,if the COUNTY determines that the remaining portion
of the award will not accomplish the purpose for which the award was made, the COUNTY may
terminate the award in its entirety. This Agreement may also be terminated by the COUNTY if the
award no longer effectuates the program goals or grantor agency priorities.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement:
A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or
such statutes,regulations, executive orders,and HUD guidelines, policies,or directives as
may become applicable at any time.
B. Failure,for any reason,to fulfill its obligations under this Agreement in a timely and proper
manner.
C. Ineffective or improper use of Funds provided under this Agreement.
D. Submission of reports to the COUNTY that are incorrect or incomplete in any material
respect.
E. Submission of any false certification.
F. Failure to materially comply with any terms of this Agreement.
G. Failure to materially comply with the terms of any other agreement between the COUNTY
and SUBRECIPIENT, relating to the Project.
In the event of any default by SUBRECIPIENT under this Agreement,the COUNTY may seek any
combination of one or more of the following remedies:
A. Require specific performance of the Agreement, in whole or in part.
B. Require the use of or change in professional property management.
C. Require SUBRECIPIENT to immediately repay to the COUNTY all ESG Funds that it
received under this Agreement.
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D. Apply sanctions, if determined by the COUNTY to be applicable.
E. Stop all payments until identified deficiencies are corrected.
F. Terminate this Agreement, by giving written notice to SUBRECIPIENT specifying the
effective date of such termination. If the Agreement is terminated by the COUNTY as
provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any
incomplete project activities undertaken under this Agreement.
3.9 SUSPENSION AND DEBARMENT
SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by a Federal Department or agency;and,that the SUBRECIPIENT shall not knowingly
enter into any lower tier contract, or other covered transaction, with a suspended or debarred
contractor or vendor, as outlined in Executive Orders 12549 (1986) and 12689 (1989),
Suspension and Debarment and 2 CFR 200.214,as further detailed in Section 4.18.
3.10 REVERSION OF ASSETS
In the event of a termination or upon expiration of the Agreement, in addition to any and all other
remedies available to the COUNTY (whether under this Agreement, or at law or in equity),
SUBRECIPIENT shall immediately transfer to the COUNTY any Funds on hand at the time of
termination(or expiration)and any accounts receivable attributable to the use of ESG Funds.
The COUNTY's receipt of any Funds on hand at the time of termination shall not waive the
COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the
Funds, as the COUNTY may deem necessary. Regulations regarding real property and equipment
are subject to 2 CFR 200.311.
3.11 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement, until
all required insurance, as outlined in Exhibit A and 2 CFR 200.310 has been obtained. Said
insurance shall be carried continuously during SUBRECIPIENT's performance under the
Agreement.
3.12 ADMINISTRATIVE REQUIREMENTS
SUBRECIPIENT agrees to perform the Scope of Services in compliance with the Grant Budget
and Scope of Work(Part I),the Uniform Administrative Requirements,Cost Principles,and Audit
Requirements for Federal Awards (2 CFR 200 et seq), and the Federal regulations for the
Emergency Solutions Grant. (24 CFR 576 et seq.)
3.13 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards at(2 CFR 200.318 through
200.327)and Collier County's Procurement Ordinance#2017-08,as amended.Current purchasing
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thresholds are:
Range: Competition Required
$0-$50,000 3 Written Quotes
$50,001+ Formal Solicitation(ITB,RFP,etc)
All improvements specified in Part I Scope of Services shall be performed by SUBRECIPIENT
employees, or be put out to competitive bidding, under a procedure acceptable to the COUNTY
and Federal requirements.SUBRECIPIENT shall enter into contracts with the lowest,responsible,
and qualified bidder. Contract administration shall be conducted by SUBRECIPIENT and
monitored by CHS,which shall have access to all records and documents related to the project.
In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT
shall provide a preference for the purchase, acquisition, or use of goods, products, or
materials produced in the United States.
In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level of
completion, per 2 CFR 200, Appendix II(J)and 2 CFR 200.323.
3.14 PROGRAM-GENERATED INCOME
No Program Income is anticipated. However, if Program Income is derived from the use of ESG
Funds disbursed under this Agreement, such Program Income shall be used by the
SUBRECIPIENT for an eligible ESG project activity approved by the COUNTY. Any Program
Income (as such term is defined under applicable Federal regulations) gained from any
SUBRECIPIENT activity funded by ESG shall be reported to the COUNTY through an annual
Program Income Re-use Plan, utilized by SUBRECIPIENT accordingly, and shall be compliant
with 2 CFR 200.307 and 24 CFR 576.201(f).When Program Income is generated by an activity
that is only partially funded with ESG Funds, the income shall be prorated to reflect the
percentage of ESG Funds used. If there is a Program Income balance at the end of the Program
Year,such balance shall revert to the COUNTY's ESG Program,for further reallocation.
3.15 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but are not limited to making final
payments, disposing of program assets (including the return of all unused materials, equipment,
program income balances, and receivable accounts to the COUNTY), and determining the
custodianship of records. In addition to the records retention outlined in section 2.2 (Records and
Documentation) of this Agreement, SUBRECIPIENT shall comply with section 119.021 Florida
Statutes regarding records maintenance,preservation, and retention. A conflict between State and
Federal records retention requirements will result in the more stringent law being applied,such that
the record must be held for the longer duration.Any balance of unobligated Funds which have been
advanced or paid must be returned to the COUNTY. Any Funds paid exceeding the amount to
which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be
refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that
comply with section 215.97, Florida Statutes, the Florida Single Audit Act. Closeout procedures
must take place in accordance with 2 CFR 200.344 and ensure all Federal grant requirements have
been completed.
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3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
SUBRECIPIENT agrees that no person shall be excluded from the benefits of or be subjected to
discrimination under any activity carried out by the performance of this Agreement based on race,
color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of
such discrimination,the COUNTY shall have the right to terminate this Agreement.
To the greatest extent feasible, homeless individuals have priority over other Section 3 residents,
in accordance with 24 CFR 576.405(c). Section 3 of the Housing and Urban Development Act of
1968, as amended (12 U.S.C. 1701u), and implementing regulations at 24 CFR Part 75 requires
that,to the greatest extent practicable,employment and economic opportunities be directed to low-
and very low-income residents ofthe area,and that contracts for work in connection with the project
be awarded to business concerns that provide economic opportunities for low-and very low-income
persons residing in the metropolitan area(as defined in 42 U.S.C. 5302(a)) in which the project is
located.
To the maximum extent practicable, SUBRECIPIENT shall involve homeless individuals and
families in constructing, renovating, maintaining, and operating facilities assisted under ESG,
providing services assisted under ESG, and providing services for occupants of facilities assisted
under ESG.This involvement may include employment or volunteer services. Section 3 is relative
to any of the SUBRECIPIENT's subcontractors, their successors and assigns, to those sanctions
specified by the Agreement through which Federal assistance is provided. SUBRECIPIENT shall
comply with Section 3 of the Housing and Community Development Act of 1968 and certifies and
agrees that no contractual or other disability exists that would prevent compliance with these
requirements.
3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS
ENTERPRISES
SUBRECIPIENT will use its best efforts to afford small businesses and minority and women's
business enterprises the maximum practicable opportunity to participate in the performance of this
Agreement. As used in this Agreement,the term"small business"means a business that meets the
criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and
"minority and women's business enterprise"means a business that is at least 51 percent owned and
controlled by minority group members or women. For the purpose of this definition, "minority
group members" are Black Americans, Hispanic Americans, Asian/Pacific Americans,
Native Americans, and Hasidic Jews. . SUBRECIPIENT may rely on written representations
by businesses regarding their status as minority and female business enterprises in lieu of an
independent investigation.
3.18 PROGRAM BENEFICIARIES
As defined by 24 CFR 576.2, 100 percent of the beneficiaries receiving ESG Funding through this
Agreement must be homeless or at risk of homelessness. Income eligibility of beneficiaries will be
validated by reviewing supporting documentation,during any interim and/or closeout monitoring.
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3.19 AFFIRMATIVE ACTION PLAN
SUBRECIPIENT agrees that it is committed to carrying out an Affirmative Action Program,
pursuant to the COUNTY's specifications,in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966.Prior to the award of Funds,SUBRECIPIENT shall
submit to the COUNTY for approval,a plan for an Affirmative Action Program.If the Affirmative
Action Plan is updated during the Performance Period of this Agreement,the updated plan must be
submitted to the COUNTY within 60 days of any update/modification. SUBRECIPIENT's
contracting officer will send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding, a notice advising the labor
union or worker's representative of SUBRECIPIENT's commitments hereunder and shall post
copies of the notice in conspicuous places available to all employees and applicants for
employment.
3.20 CONFLICT OF INTEREST
SUBRECIPIENT covenants that no person under its employ,who presently exercises any functions
or responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the Project areas or any parcels therein,which would conflict in any manner or degree
with the performance of this Agreement,and that no person having any conflict of interest shall be
employed or subcontracted by SUBRECIPIENT. The SUBRECIPIENT covenants that it will
comply with all provisions of 24 CFR 576.404 "Conflict of Interest," 2 CFR 200.318, Florida
Statute 287.057 and any additional State and County statutes, regulations, ordinances, or
resolutions governing conflicts of interest.
SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person or an entity
owned or controlled, in whole or in part,by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval
of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not
intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees.
Any possible conflict of interest on the part of SUBRECIPIENT, its employees, or its contractors
shall be disclosed, in writing to CHS provided however,that this paragraph shall be interpreted in
such a manner so as not to unreasonably impede the statutory requirement that maximum
opportunity be provided for employment of and participation of low- and moderate-income
residents of the project target area.
3.21 EMERGENCY SHELTERS
Any emergency shelter that receives assistance for shelter operations must also meet minimum
safety,sanitation,and privacy standards(Exhibit E),as required by 24 CFR 576.403(b).
3.22 PERMANENT HOUSING
Housing that program participants who receive ESG assistance to remain or move into must meet
the minimum habitability standards (Exhibit F)provided in 24 CFR 576.403(c) and all applicable
State and Local housing codes, licensing requirements, and any other requirements in the
jurisdiction in which the housing is located regarding the condition of the structure and the
operation of the housing.
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3.23 COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS
SUBRECIPIENT must document its compliance with the requirements of 24 CFR 576.400(a)for
consulting with the Continuum of Care and coordinating and integrating ESG assistance with
programs targeted toward homeless people and mainstream service and assistance programs
(Exhibit G).
3.24 HOMELESS PARTICIPATION
SUBRECIPIENT must document its compliance with homeless participation requirements under
24 CFR 576.405(c).
3.25 BYRD ANTI-LOBBYING AMENDMENT
Each tier certifies that the tier above it will not,and has not, used Federally appropriated Funds to
pay any person or organization for influencing or attempting to influence the award of Federal
Funds, as covered by 31 USC 1352, and more fully described in Section 4.53 of this Agreement.
Contractors who apply or bid for an award of$100,000 or more shall file the required certification.
3.26 CENTRALIZED OR COORDINATED ASSESSMENT SYSTEMS AND
PROCEDURES
SUBRECIPIENT must maintain documentation evidencing the use of and written intake
procedures for the centralized or coordinated assessment system(s)developed by the Continuum of
Care, in accordance with the requirements established by HUD and identified in 24 CFR
576.500(g).
3.27 CONDITIONS FOR RELIGIOUS ORGANIZATIONS
ESG Funds may be used by religious organizations or on property owned by religious organizations
only in accordance with requirements set in Section 24 CFR 576.406. SUBRECIPIENT shall
comply with First Amendment Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment and will not
limit or give preference in employment to persons based on religion.
B. It will not discriminate against any person applying for public services and will not limit
such services or give preference to persons based on religion.
C. It will retain its independence from Federal, State, and Local governments and may
continue to carry out its mission, including the definition, practice, and expression of its
religious beliefs, provided that it does not use direct ESG Funds to support any inherently
religious activities,such as worship,religious instruction,or proselytizing.
D. The Funds shall not be used for the acquisition,construction,or rehabilitation of structures
to the extent that those structures are used for inherently religious activities. Where a
structure is used for both eligible and inherently religious activities, ESG Funds may not
exceed the cost of those portions of the acquisition,construction,or rehabilitation that are
attributable to eligible activities in accordance with the cost accounting requirements
applicable to ESG Funds in this part. Sanctuaries, chapels, or other rooms that an ESG
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Funded religious congregation uses as its principal place of worship, however, are
ineligible for ESG Funded improvements.
3.28 INCIDENT REPORTING
If SUBRECIPIENT provides client services under this Agreement, SUBRECIPIENT and any of
its subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse,
neglect,or exploitation of a child,aged person,or disabled person.
During the term of this Agreement, SUBRECIPIENT must report to the COUNTY in
writing, within one business day of occurrence, any substantial, controversial, or
newsworthy incidents. The Collier County Standard Subrecipient Incident Report Form
shall be used to report all such incidents.
3.29 SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such
determination shall not affect the validity or enforceability of any other section or part thereof.
3.30 MISCELLANEOUS
SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives,
and assigns of such other party in respect to all covenants of this Agreement.
SUBRECIPIENT represents and warrants that the financial data, reports, and other information it
furnished to the COUNTY regarding the Project are accurate and complete, and financial
disclosures fairly represent the financial position of SUBRECIPIENT.
SUBRECIPIENT understands that client information collected under this Agreement is private and
the use or disclosure of such information, when not directly connected with the administration of
the COUNTY'S or SUBRECIPIENT's responsibilities with respect to services provided under this
Agreement,is prohibited unless written consent is obtained from such person receiving service and,
in case of a minor,that of a responsible parent/guardian.
SUBRECIPIENT certifies that it has the legal authority to receive the Funds under this Agreement
and its governing body has authorized the execution and acceptance of this Agreement.
SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and
bind the SUBRECIPIENT to the terms of this Agreement.
The section headings and subheadings contained in this Agreement are included for convenience
only and shall not limit or otherwise affect the terms of this Agreement.
The Grant Documents shall be construed in accordance with and governed by the laws of the State
of Florida,without giving effect to its provisions regarding choice of laws.
All activities authorized by this Agreement shall be subject to and performed in accordance with
the provisions of the terms and conditions of the Agreement between the COUNTY, the
Regulations,all applicable Federal,State,and Municipal laws,ordinances, regulations,orders,and
guidelines, including but not limited to any applicable regulations issued by CHS.
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Electronic Signatures. This Agreement,and related documents entered into in connection with this
Agreement, are signed when a parry's signature is delivered by facsimile, e-mail, or any other
electronic medium. These signatures must be treated in all respects as having the same force and
effect as original signatures.
3.31 WAIVER
The COUNTY'S failure to act with respect to a breach by SUBRECIPIENT does not waive its
right to act with respect to subsequent or similar breaches. The COUNTY'S failure to exercise or
enforce any right or provision shall not constitute a waiver of such right or provision.
Remainder of Page Intentionally Left Blank
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PART IV
GENERAL PROVISIONS
4.1 24 CFR Part 576 Emergency Solutions Grants Program, as amended—All regulations regarding
the ESG Program.
elf: 24 CFR Part 576--Emergency Solutions Grants Program
4.2 24 CFR 58-The regulations prescribing the Environmental Review procedure.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=1 acdb92f3b05c3f285dd76c26d 14f54e&mc=true&node=pt24.1.58&rgn=div5
4.3 Section 104(d)and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended Section 109 of the HCD Act of 1974 I HUD.gov/U.S. Department of Housing
and Urban Development(HUD)
Section 104(d)of the Housing and Community Development Act of 1974,as amended(see 42 USC
5304(d))-HUD Exchange
4.4 Title VI of the Civil Rights Act of 1964 as amended,
https://www.hud.gov/programdescription/title6
Title VIII of the Civil Rights Act of 1968,as amended
4.5 24 CFR 576.407-The regulations issued pursuant to 24 CFR 5.105(a)and Executive Order 11063
which prohibits discrimination and promotes equal opportunity in housing.
eCFR: 24 CFR 576.407--Other Federal requirements.
eCFR: 24 CFR 5.105 --Other Federal requirements.
4.6 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations.
EO 11246: https://www.dol.gov/agencies/ofccp/executive-order-1 1246/as-amended
4.7 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972,42 USC§2000e,et.seq. The SUBRECIPIENT will,in all solicitations or advertisements for
employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or
Affirmative Action employer.
Title VII of the Civil Rights Act of 1964 I U.S. Equal Employment Opportunity Commission
(eeoc.gov)
4.8 24 CFR 75 — Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD
Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 75, and all
applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a
condition of the Federal financial assistance provided under this Agreement and binding upon the
COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through which Federal
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assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
eCFR :: 24 CFR Part 75--Economic Opportunities for Low-and Very Low-Income Persons
SUBRECIPIENT further agrees to comply with these"Section 3"requirements and to include the
following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a program providing
direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires
that,to the greatest extent feasible,opportunities for training and employment be given to low-and
very low-income residents of the project area, and that contracts for work in connection with the
project be awarded to business concerns that provide economic opportunities for low- and very
low-income persons residing in the metropolitan area in which the project is located."
Section 3 requires 25 percent of the total labor hours must be worked by Section 3 workers
and 5 percent of the total labor hours must be worked by Targeted Section 3 workers. If the
SUBRECIPIENT is unable to meet these benchmarks,efforts taken to meet the requirements
must be described. Examples include job fairs held, on the job training conducted,outreach
efforts to public housing residents,and connecting residents to supportive services.
SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising
in connection with a housing rehabilitation(including reduction and abatement of lead-based paint
hazards),housing construction,or other public construction project are given to low-and very low-
income persons residing within the metropolitan area in which the CDBG-funded project is located;
where feasible, priority should be given to low- and very low-income persons within the service
area of the project or the neighborhood in which the project is located, and to low- and very low-
income participants in other HUD programs; and award contracts for work undertaken in
connection with a housing rehabilitation(including reduction and abatement of lead- based paint
hazards), housing construction, or other public construction project to business concerns that
provide economic opportunities for low- and very low-income persons residing within the
metropolitan area in which the CDBG-funded project is located;where feasible,priority should be
given to business concerns that provide economic opportunities to low- and very low-income
residents within the service area or the neighborhood in which the project is located, and to low-
and very low-income participants in other HUD programs.
https://www.hud.gov/sites/documents/DOC I2047.PDF
SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would
prevent compliance with these requirements.
https://www.ecfr.gov/current/title-24/subtitle-A/part-75
4.9 Age Discrimination Act of 1975,Executive Order 11063, and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107 and 12086.
Age Discrimination Act of 1975
haps://www.law.cornell.edu/uscode/text/42/chapter-76
11246:https://www.dol.gov/ofccp/regs/statutes/eo11246.htm
11375: Amended by EO 11478
11478: https://www.archives.gov/federal-register/codification/executive-order/11478.html
12107:https:IIwww.arch ives.gov/federal-register/codification/executive-order/12107.htm 1
12086:https://www.archives.gov/federal-register/codification/executive-order/12086.htm I
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4.10 Equal access in accordance with the individual's gender identity in community planning and
development programs,per 24 CFR 5.106.
https://www.govregs.com/regulations/expand/tit1e24_part5 subpartA section5.106
4.11 Contract Work Hours and Safety Standards Act,40 USC 327-332.
littps://www.dol.gov/whd/regs/statutes/safe01.pdf
4.12 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5),and 24 CFR 570.614 Subpart K.
Section 504: https://www.epa.gov/ocr
29 USC 776: https://law.onecle.com/uscode/29/776.html
24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990:
https://www.hug.gov/program_offices/fair housing equal opp
Americans with Disabilities Act of 1990, As Amended I ADA.gov
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
https://www.fhwa.dot.gov/real estate/uniform_act/index.ctin
4.15 29 CFR Parts 3 and 5 -Regulations that prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all
construction contracts funded by CDBG.
Davis-Bacon Act: 42 USC 276a to 40 USC 276a:
40 U.S.C. 276a - https://www.govinfo.gov/app/details/USCODE-2001-title40/USCODE-
2001-title40-chap3-sec276a/context
29 CFR Part 3 -Contractors and Subcontractors on public building or Public Work Financed,in
whole or in part, by Loans or Grants from the United States
https://www.law.cornell.edu/cfr/text/29/part-3
29 CFR Part 5-Labor Standards Provisions Applicable to Contracts Covering Federally Financed
and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract
Work Hours and Safety Standards Act)
https://www.law.corne II.edu/cfr/text/29/part-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally
assisted projects.
https://www.presidency.ucsb.edu/ws/index.php?pid=23675
4.16 As a supplement to the Davis-Bacon Act requirements,the SUBRECIPIENT agrees to comply with
the "Copeland Anti-Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or
subcontractors from inducing an employee to relinquish any part of his/her compensation, under
the Federally Funded contract.
18 U.S.C. 874 https://www.govinfo.gov/content/pkg/USCODE-2010-title 18/pdf/USCODE-2010-
title 18.pdf
40 U.S.C. 276c https://www.govinfo.gov/app/details/USCODE-2001-tit1e40/USCODE-
2001-title40-chap3-sec276a/context
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4.17 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 - which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise.
https://www.archives.gov/federal-register/codification/executive-order/1 1625.html
4.18 SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting
opportunities laws, regulations, and executive orders referenced in 24 CFR 576.407, as revised by
Executive Order 13279.The applicable non-discrimination provisions in Section 109 of the HCDA
are still applicable.
24 CFR 576.407:
https://www.ecfr.gov/cgi-bin/text-
i dx?c=ecfr;sid=dc4c2f93 cdadf08974315fa2bfdf4cec;rgn=div5;view=text;node=24%3A3.1.1.3.8;i
dno=24;cc=ecfr
E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm
4.19 Public Law 100-430-the Fair Housing Amendments Act of 1988.
STATUTE-102-Pg 1619.pdf(govinfo.gov)
4.20 The Fair Housing Act(42 U.S.C. 3601-20)Reasonable Accommodations Under the Fair Housing
Act. https://www.hud.gov/sites/documents/DOC 7771.PDF
https://www.justice.gov/crt/fair-housing-act-1
Executive Order 11063—Equal Opportunity in Housing https://www.archives.gov/federal-
register/codification/executive-order/11063.htm I
Executive Order 11259-Leadership&Coordination of Fair Housing in Federal Programs
https://www.archives.gov/federal-register/codification/executive-order/12259.html
24 CFR Part 107-Non-Discrimination and Equal Opportunity in Housing under E.O.
https://www.law.cornell.edu/cfr/text/24/part-107
4.21 2 CFR 200 et seq-Uniform Administrative Requirements,Cost Principles,and Audit
requirements for Grants and Agreements.
https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title02/2cfr200 main 02.tpl
4.22 2 CFR 216 — Prohibition on certain telecommunications and video surveillance services or
equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or
grant funds to: 1)procure or obtain funds;2)extend or renew a contract to procure or obtain;or 3)
enter into an contract(or extend or renew a contract)to procure or obtain equipment, services, or
systems that use(s)covered telecommunications equipment or services as a substantial or essential
component of any system,or as critical technology as part of any system.
4.23 Immigration Reform and Control Act of 1986
https://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html
4.24 The SUBRECIPIENT agrees to comply with the following requirements:
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a. Clean Air Act,41 USC 7401,et seq. https://www.govinfo.gov/content/pkg/USCODE-
2010-ti t1e42/htm l/USCODE-2010-title42-chap85.htm
https://www.law.corne11.edu/uscode/text/42/chapter-85
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.govinfo.gov/content/pkg/USCODE-2011-title33/pdf/USCODE-2011-title33-
chap26.pdf
https://www.law.cornell.edu/uscode/text/33/chapter-26
4.25 Section 6002 of the Solid Waste Disposal Act as amended by the Resource Conservation and
Recovery Act and regarding those items identified in 40 CFR Part 247 of the EPA guidelines
https://www.epa.gov/enforcement/resource-c on servati on-and-recovery-act-rc ra-and-federal-
facilities
https://www.law.cornell.edu/cfr/text/40/247.1
4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002),
the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having
special flood hazards,flood insurance under the National Flood Insurance Program is obtained and
maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA,
which would satisfy this requirement and/or reduce the cost of said flood insurance.
https://www.law.cornell.edu/cfr/text/24/570.605
4.27 SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this Agreement shall be subject to the HUD Lead-Based Paint Poisoning
Prevention Act,found at 24 CFR 570.608, Subpart K.
Lead-Based Paint-HUD Exchange
4.28 SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this Agreement.
https://www.achp.gov/sites/default/fi les/regulations/2017-02/regs-rev04.pdf
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, State or Local historic property list.
4.29 SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with the
Drug-Free Workplace Act of 1988(41 USC 701).
https://www.gpo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-title41-chap 10-
sec701
4.30 SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and,that SUBRECIPIENT shall not knowingly
enter into any lower tier contract, or other covered transaction, with a person who is similarly
debarred or suspended from participating in this covered transaction as outlined in Executive order
12549.
https://w.ww.archives.gov/federal-register/codification/executive-order/12549.html
.®
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4.31 SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable and
agrees to adhere to the accounting principles and procedures required therein, utilize adequate
internal controls, and maintain necessary source documentation for all costs incurred. These
requirements are enumerated in 2 CFR 200,et seq.
4.32 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be
submitted to the COUNTY nine(9)months after the end of the SUBRECIPIENT's fiscal year.The
SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
Section 500. Subrecipients exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty(180)days after the end of the SUBRECIPIENT's
fiscal year.Per 2 CFR 200.344,if this Agreement is closed out prior to the receipt of an audit report,
the COUNTY reserves the right to recover any disallowed costs identified in an audit after such
closeout.
eCFR:: 2 CFR Part 200 Subpart F --Audit Requirements
4.33 Any real property acquired by SUBRECIPIENT for carrying out the projects stated herein and
approved by the COUNTY, in accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 and 49 CFR 24, shall be subject to the provisions of 24
CFR 576.408 including, but not limited to, the provisions on use and disposition of property. A
displaced person must be advised of his or her rights under the Fair Housing Act(42 U.S.C. 3601
et seq.).This policy does not require providing a person a larger payment than is necessary to enable
a person to relocate to a comparable replacement dwelling(See 49 CFR 24.505(c)(2)(ii)(D).
https://www.gpo.gov/fdsys/granule/CFR-2009-titl e49-vol 1/CFR-2009-title49-vol 1-part24
4.34 No Federally appropriated funds have been paid or will be paid,by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress,in connection with the awarding of any Federal contract,the making of any Federal grant,
the making of any Federal loan,the entering into of any cooperative agreement,and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress,an officer or employee of Congress, or an employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions. The undersigned shall require that the language of
this certification be included in the award documents for all sub-awards at all tiers (including
subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
4.35 SUBRECIPIENT agrees that no funds provided,nor personnel employed under the Agreement
shall be in any way or to any extent engaged in the conduct of political activities in violation of
Chapter 15 of Title V of the U.S.C. (Hatch Act).
https://www.gpo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-title41-chap 10-
sec701/content-detail.html
4.36 Travel reimbursement will be based on the U.S. General Services Administration(GSA) per diem
rates in effect at the time of travel.
https://www.gsa.gov/portal/content/104877
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4.37 Equal access in accordance with the individual's gender identity in community planning
and development programs,per 24 CFR 5.106.
https://www.govregs.com/regulations/expand/tit1e24 parts subpartA section5.106
4.38 Housing Counseling,including homeownership counseling or rental housing counseling,as defined
in§5.100,required under or provided in connection with any program administered by HUD shall
be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214
to provide housing counseling,consistent with 12 U.S.C. 1701x,per 24 CFR 5.111.
eCFR: 24 CFR Part 214 Subpart D--Program Administration
https://www.law.cornell.edu/cfr/text/24/5.11 I
4.39 Unaccompanied youth under 25 years of age, or families with children and youth who do not
otherwise qualify as homeless under the definition of homeless in 24 CFR 576.2, but who are
defined under Section 387(3) of the Runaway and Homeless Youth Act (42 U.S.C. 5732a(3)),
Section 637(11) of the Head Start Act 42 U.S,C. 9832(11)), Section 41403(6) of the Violence
Against Women Act of 1994 (42 U.S.C. 14043e-2(6)), Section 330(h)(5)(A) of the Public Health
Service Act (42 U.S.C. 254b(h)(5)(A)), Section 3(m) of the Food and Nutrition Act of 2008 7
U.S.C.2012(m)), Section 17(b)(15) of the Child Nutrition Act of 1966 (U.S.C. 1786 (b)(15)),
Section 725 of the McKinney-Vento Homeless Assistance Act(42 U.S.C. 11434a(2))
https://www.federalregister.gov/documents/20 1 6/1 2/20/20 1 6-3024 1/runaway-and-homeless-
youth
4.40 HUD Final Rule—Implementation of the Violence Against Women Reauthorization Act of 2013
which applies for all victims of domestic violence,dating violence,sexual assault,and stalking,
regardless of sex,gender identity,or sexual orientation,and which must be applied consistent
with all nondiscrimination and fair housing requirements.
https://www.federalregister.gov/documents/2016/1 1/16/2016-25888/violence-agai nst-women-
reauthorizati on-act-of-2013-implementation-i n-hud-housing-programs
4.41 Any rule or regulation determined to be applicable by HUD.
4.42 Limited English Proficiency: SUBRECIPIENT agrees to take reasonable steps to provide
meaningful access to the program/project and activities funded under this Agreement for persons
with limited English proficiency pursuant to information located at
http://www.lep.gov.
4.43 Equal Treatment of Faith-Based Organizations: By regulation, HUD prohibits all recipient
organizations from using financial assistance from HUD to fund explicitly religious activities.
SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see
https://ojp.gov/about/ocr/partnerships.htm. Discrimination based on religion in employment is
generally prohibited by federal law,but the Religious Freedom Restoration Act is interpreted on a
case-by-case basis to allow some faith-based organizations to receive HUD funds while taking into
account religion when hiring staff. Questions in this regard should be directed to the Office for
Civil Rights.
4.44 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records
in the employment context,except when specifically authorized. SUBRECIPIENT agrees to avoid
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the misuse of arrest or conviction records to screen applicants for employment or employees for
retention or promotion that may have a disparate impact based on race or national origin,resulting
in unlawful employment discrimination unless use is otherwise specifically authorized by law.
See https://ojp.gov/about/ocr/pdfs/UseofConviction Advisory.pdf for more details.
4.45 Byrd Anti-Lobbying Amendment(31 U.S.C. § 1352): SUBRECIPIENT will not use and has not
used federal appropriated funds to pay at any tier, either directly or indirectly, any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress,an officer or employee of Congress,or an employee of a member of Congress
in connection with obtaining any federal contract, grant, or any other award or subaward covered
by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes
place in connection with obtaining any federal award or subaward. Such disclosures are forwarded
from tier to tier up to the recipient. SUBRECIPIENT shall comply with the lobbying restrictions
of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers,
employees and its subcontractors hereunder comply with all applicable local,state,and federal laws
and regulations governing advocacy of and appearances before any legislative body. None of the
funds provided under this Agreement shall be used for publicity or propaganda purposes designed
to support or defeat any legislation pending before local,state, or federal legislatures.
31 U.S.C. 1352 - Limitation on use of appropriated funds to influence certain Federal
contracting and financial transactions - Document in Context - USCODE-2010-title31-
subtitlell-chap I3-subchaplii-sec 1352 (govinfo.gov)
31 U.S. Code § 1352-Limitation on use of appropriated funds to influence certain Federal
contracting and financial transactions I U.S. Code I US Law I LII / Legal Information
Institute(cornell.edu)
4.46 False Claim; Criminal,or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any
credible evidence that a principal,employee,agent,contractor,subgrantee,subcontractor,or other
person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery,
gratuity, or similar misconduct involving subaward agreement funds. 18 U.S. Code § 1001 -
Statements or entries generally I U.S.Code I US Law I LII/Legal Information Institute(cornell.edu)
Beneficiaries are subject to this False Claims Act that include the following:31 U.S.C.3729-False
claims - Document in Context - USCODE-2010-title31-subtitlelII-chap37-subchaplII-sec3729
(govinfo.gov)
31 U.S. Code § 3729 - False claims I U.S. Code I US Law I LII / Legal Information Institute
(cornell.edu)
4.47 Political Activities Prohibited: None of the funds provided directly or indirectly under this
Agreement shall be used for any political activities or to further the election or defeat of any
candidates for public office. Neither this Agreement nor any funds provided hereunder shall be
utilized in support of any partisan political activities or activities for or against the election of a
candidate for an elected office.
4.48 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD encourages
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recipients and subrecipients to adopt and enforce policies banning employees from text messaging
while driving any vehicle during the course of performing work funded by HUD and to establish
workplace safety policies and conduct education,awareness,and other outreach to decrease crashes
caused by distracted drivers.
4.49 Trafficking in Persons: SUBRECIPIENT agrees to, at any tier, comply with all applicable
requirements(including requirements to report allegations)pertaining to prohibited conduct related
to the trafficking of persons, whether on the part of SUBRECIPIENT and any employees of
SUBRECIPIENT. The details of the SUBRECIPIENT's obligations related to prohibited conduct
related to the trafficking of persons are posted at
https://oip.gov/funding/Explore/ProhibitedConduct-Trafficking.htm.
4.50 Association of Community Organizations for Reform Now (ACORN): SUBRECIPIENT
understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in
support of any contract or subaward to either ACORN or its subsidiaries,without the express prior
written approval of OJP.
4.51 If SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment, or performance of experimental,
developmental, or research work under this funding agreement, SUBRECIPIENT must comply
with the requirements of 37 CFR Part 401,"Rights of Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements,"
and any implementing regulations issued by HUD.
https://www.ecfr.gov/cgi-
bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de76 I dc64c0&mc=true&n=pt37.1.401&r
=PART&ty=HTML
4.52 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give,
either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any
COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05, as amended,and County Administrative Procedure 5311.
Florida Statutes-
https://www.lawserver.com/law/state/florida/statutes/florida_statutes_chapter_112_part_i i i
Collier County-
http://www.co1I iergov.net/home/showdocument?id=35137
4.53 Order of Precedence-In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
4.54 Venue-Any suit of action brought by either party to this Agreement against the other party,relating
to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in
Collier County,FL which courts have sole jurisdiction on all such matters.(No reference required
for this item).
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4.55 Dispute Resolution-Prior to the initiation of any action or proceeding permitted by this Agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY's staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under section 44.102,
Florida Statutes.The litigation arising out of this Agreement shall be adjudicated in Collier County,
Florida, if in state court and the US District Court, Middle District of Florida, if in federal court.
BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO,OR ARISING OUT OF, THIS AGREEMENT.
https://www.flsenate.gov/Laws/Statutes/2012/44.102
4.56 As provided in§287.133,Florida Statutes,by entering into this Agreement or performing any work
in furtherance hereof, SUBRECIPIENT certifies that it, its affiliates,suppliers, subcontractors and
consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.
This notice is required by §287.133 (3)(a), Florida Statutes.
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search String=&UR
L=0200-0299/0287/Sections/0287.133.htm 1
4.57 Florida Statutes section 448.095 Employment Eligibility. Per Florida Statutes section 448.095(3),
all Florida private employers are required to verify employment eligibility for all new hires
beginning January I,2021.Eligibility determination is not required for continuing employees hired
prior to January 1,2021.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display Statute&URL=0400-
0499/0448/0448.html
4.58 Florida Statutes section 713.20, Part 1, Construction Liens
https://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700-
0799/0713/0713.html
4.59 Florida Statutes section 119.021 Records Retention
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display Statute&URL=0100-
0199/0119/Sections/0119.021.html
4.60 Florida Statutes section 119.071,Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.071.html
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4.61 ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between COUNTY and SUBRECIPIENT for the
use of Funds received under this Agreement and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written between COUNTY and
SUBRECIPIENT with respect to this Agreement.
Signature Page to Follow
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IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each, respectively, by an
authorized person or agent,hereunder set their hands and seals on the date first written above.
ATTEST: AS TO THE COUNTY:
CRYSTAL K. KINZEL,CLERK BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
1 'test
�
' � est�a u'' l'?Clerk
B
signature011�.� Y•
RICK LOCASTRO, CHAIRMAN
Dated: 112.6424i
{SL)`', Date: 1 ` I ( 123
CI15�'�fi
WI S ES: AS TO SUBRECIPIENT:
THE SHELTER FOR ABUSED WOMEN &
Witness#1 �__itr aturre CHILDREN, INC.
CC:�N By:
Witness#1 Printed Name LINDA OBERHAUS, CHIEF EXECUTIVE
OFFICER
Witness#2 Signature Date: T / 49-3
n f e Qc' e_ Q nits [Please provide evidence of signing authority]
Witness#2 Printed Name
Approved as to form and legality:
0.btA' 0 I
Derek D. Perry Cc:0
Assistant County Attorney
Date: -7 in J 2
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EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County,c/o Community and Human Services Division,3339
Tamiami Trail East, Suite 213, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440,Florida Statutes,
2. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and$2,000,000 aggregate.Collier County must be shown as
an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage. Collier County shall be named as an additional
insured.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1 —3 above,a Certificate of Insurance must be provided as follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out of the
services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this contract. This insurance shall be maintained for a period of two(2)years after
the Certificate of Occupancy is issued.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its
Subcontractors to provide original certificates indicating the following types of insurance coverage prior to
any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one
hundred(100%) percent of the insurable value of the building(s) or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4001),
the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal
Emergency Management Agency(FEMA)as having special flood hazards, flood insurance under
the National Flood Insurance Program is obtained and maintained as a condition of financial
assistance for acquisition or construction purposes(including rehabilitation).
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OPERATION/MANAGEMENT PHASE(IF APPLICABLE)
After the Construction Phase is completed and occupancy begins,the following insurance must be kept in
force throughout the duration of the loan and/or contract.
7. Workers' Compensation as required by Chapter 440,Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
10. Property Insurance coverage on an"All Risk"basis in an amount not less than one hundred(100%)
of the replacement cost of the property. Collier County must be shown as a Loss payee with respect
to this coverage A.T.I.M.A (As Their Interest May Appear).
11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full
replacement values of the structure(s) or the maximum amount of coverage available through the
National Flood Insurance Program(NFIP). The policy must show Collier County as a Loss Payee
with respect to this coverage A.T.I.M.A.
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EXHIBIT B
COLLIER COUNTY COMMUNITY&HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SUBRECIPIENT Name: THE SHELTER FOR ABUSED WOMEN &CHILDREN, INC.
SUBRECIPIENT Address: PO BOX 10102,NAPLES,FL
Project Name: SHELTER OPERATIONS
Project No: ES23-01_ Payment Request#
Total Payment Minus Retainage
Period of Availability: _through
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
Subrecipient CHS Approved
1.Grant Amount Awarded $ $
2.Total Amount of Previous Requests $ $
3.Amount of Today's Request(Total expenditures $ $
this period minus retainage, if applicable)
4. Current Grant Balance (Grant Amount minus $ $
previous requests minus today's request)
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT.To the best of my knowledge and belief,
all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor(Approval required $14,999 and Division Director(Approval Required
below) $15,000 and above)
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EXHIBIT B-1
Match Form
Collier County Request for Match
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: SHELTER FOR ABUSED WOMEN&CHILDREN, INC.
Subrecipient Address: PO BOX 10102,NAPLES,FL
Project Name: SHELTER OPERATIONS
Project No: ES23-0 1 Match Request#
Match Amount Request Today: $0.00
SECTION I: STATUS OF FUNDS
1. Total Match Amount per Agreement $0.00
2. Total Amount of Previous Match Submitted(Insert $0.00
Amount)
3. Total Match Amount Awarded Per Agreement Less $0.00
Total Amount of Previous Match Submitted
4. Amount of Today's Request(Insert Amount) $0.00
5. Match Balance(Match per Agreement less the Sum of $0.00
All Match Submitted)
I certify that this request for payment/match has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as SUBRECIPIENT/DEVELOPER. To the best of my knowledge and
belief all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor Department Director
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EXHIBIT C
Emergency Solutions Grants(ESG)
Quarterly Performance Report
Subrecipient Name: SHELTER FOR ABUSED WOMEN&CHILDREN, INC.
Report Period:
Fiscal Year:
Contract Number: ES23-01
Organization/s: SHELTER FOR ABUSED WOMEN&CHILDREN, INC.-
Program/s: ESG
Contact Name: JULIE FRANKLIN
Contact Number:
Activity Reporting Period Report Due Date
October 151—December 31 St January 10th
January 111—March 31" April 1Ot1i
April 1"—June 3Oth July 10th
July 1"—September 3Oth October 10th
Characteristics Report
1. Report Selection Criteria
Ethnicity
Quarter YTD
Non- Non-
Race Hispanic Hispanic Hispanic Hispanic
White
Black/African American
Asian
American Indian/Alaskan Native
Native Hawaiian/Other Pacific Islander
Other/Multi-Racial
2. Number of adults and children served:
a. Residential Quarter YTD
Number of Adults
Number of Children
Number of Unknown Age
b. Non-Residential
Number of Adults
Number of Children
Number of Unknown Age
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3. Number of individuals/families served,by categories:
Quarter YTD
a. Number of individual households Male Female Male Female
(singles)
Unaccompanied 18 and over
Unaccompanied 17 and under
Quarter YTD
b. Number of Families with children Male Female Male Female
Headed by single 18 and over
Headed by single 17 and under
Headed by two parents 18 and over
Headed by two parents 17 and under
Number of Families with no children
TOTAL
4. Total project(s)/service(s)provided to clients in range:
Quarter YTD
a. emergency shelter facilities
shelter
b. vouchers for shelters
c. drop-in center
d. food pantry
e. mental health
f. alcohol/drug
g. childcare
h. employment
i. transitional
j. outreach
k. soup kitchen/meal distribution
1. health care
m. HIV/AIDS services
n. other(please list)
TOTAL
5. Number of clients served by sub population (duplicated count):
Quarter YTD
a. Chronically Homeless
b. Victims of Domestic Violence
c. Elderly
d. Veterans
e. Individuals with HIV/AIDS
f. Chronic Substance Abuse (alcohol and/or drug)
g. Severely Mentally Ill
h. Runaway /throwaway youth
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i. Other disability (Physical and/or
Developmental)
TOTAL
(Chronically Homeless-HUD definition of a chronically homeless person is an unaccompanied homeless
individual with a disabling condition who has either: 1) been continuously homeless for a year a more, or
2) has had at least four episodes of homelessness in the past three years.)
6. Clients housed by shelter type:
Quarter YTD
Barracks
Group/Large House
Scattered Site Apartment
Single Family Detached House
Single Room Occupancy
Mobile Home/Trailer
Hotel/Motel
Other Apartment/Complex
Other Single-Family Duplex
Other
TOTAL
I hereby certify the above information is true and accurate.
Signature: Date:
Printed
Name:
Title:
Your typed name here represents your electronic signature.
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EXHIBIT C-1
Emergency Solutions Grants (ESG)Leveraged Funds Report
Leveraged Funds must be identified, tracked, and verifiable. Resources must be fully identified and
described as submitted with SUBRECIPIENT's application.
Subrecipient Name: SHELTER FOR ABUSED WOMEN& CHILDREN, INC.
Report Period:
Fiscal Year:
Contract Number: ES23-01
Program: ESG
Contact Name: JULIE FRANKLIN
Contact Number:
Leveraged Funds
See EXAMPLE below for how to complete this form.
Source Amount Type Use
Total Project Cost Ratio:
EXAMPLE
Source Amount Type Use
CDBG $1,000,000 Other Federal Land Acquisition
Funds
HOME $870,000 Federal Funds Infrastructure
Private Donation $1,200,000 Cash & In-Kind infrastructure
Philanthropic $3,500,000 Cash—local funds 52 units Affordable Housing
Total Project Cost $6,570,000 Ratio: $1 Federal Dollar $2.51 Local
Funds
Signature Page to Follow
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I hereby certify the above information is true and accurate.
Signature: Date:
Printed
Name:
Title:
Your typed name here represents your electronic signature.
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EXHIBIT D
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of federal awards to determine if
subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires
that all appropriate documentation is provided regarding the organization's compliance. In determining Federal
awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity
related to the Federal award occurs, including any Federal award provided by Collier County. The determination of
amounts of Federal awards expended shall be in accordance with the guidelines established by 2 CFR Part 200,
Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97)
requirements.
Subrecipient SHELTER FOR ABUSED WOMEN& CHILDREN,INC.
Name
First Date of Fiscal Year(MM/DD/YY) Last Date of Fiscal Year(MM/DD/YY)
Total Federal Financial Assistance Expended Total State Financial Assistance Expended during most
during most recently completed Fiscal Year recently completed Fiscal Year
$ $
Check A.or B.Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been met and a
❑ Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by
.Copies of the audit report and management letter are attached or will be provided within 30
days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
n ❑ Are a for-profit organization
❑ Are exempt for other reasons—explain
An audited financial statement is attached and if applicable,the independent auditor's management letter.
C. Findings were noted,a current Status Update of the responses and corrective action plan is included separate
from the written response provided within the audit report. While we understand that the audit report contains
❑ a written response to the finding(s),we are requesting an updated status of the corrective action(s)being taken.
Please do not provide just a copy of the written response from your audit report, unless it includes details of
the actions,procedures,policies,etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
06/18
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EXHIBIT E
EMERGENCY SHELTERS
Minimum Standards
The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for
Emergency Shelters,as applicable:
24 CFR 576.403(b): Minimum standards for emergency shelters. Any building for which Emergency
Solutions Grant(ESG)funds are used for conversion,major rehabilitation,or other renovations,must meet
State or Local government safety and sanitation standards,as applicable,and the following minimum safety,
sanitation, and privacy standards. Any emergency shelter that receives assistance for shelter operations
must also meet the following minimum safety, sanitation,and privacy standards. The COUNTY may also
establish standards that exceed or add to these minimum standards.
(1) Structure and materials.The shelter building must be structurally sound to protect residents
from the elements and not pose any threat to health and safety of the residents. Any
renovation(including major rehabilitation and conversion)carried out with ESG assistance
must use Energy Star and WaterSense products and appliances.
(2) Access.The shelter must be accessible in accordance with Section 504 of the Rehabilitation
Act(29 U.S.C. 794)and implementing regulations at 24 CFR Part 8;the Fair Housing Act
(42 U.S.C. 360, et seq.)and implementing regulations at 24 CFR part 100; and Title II of
the Americans with Disabilities Act(42 U.S.C. 12131,et.Seq.)and 28 CFR part 35;where
applicable.
(3) Space and security. Except where the shelter is intended for day use only,the shelter must
provide each program participant in the shelter with an acceptable place to sleep and
adequate space and security for themselves and their belongings.
(4) Interior air quality. Each room or space within the shelter must have a natural or
mechanical means of ventilation. The interior air must be free of pollutants at a level that
might threaten or harm the health of residents.
(5) Water supply. The shelter's water supply must be free of contamination.
(6) Sanitary facilities. Each program participant in the shelter must have access to sanitary
facilities that are in proper operating condition, are private, and are adequate for personal
cleanliness and the disposal of human waste.
(7) Thermal environment. The shelter must have any necessary heating/cooling facilities in
proper operating condition.
(8) Illumination and electricity. The shelter must have adequate natural or artificial
illumination to permit normal indoor activities and support health and safety. There must
be sufficient electrical sources to permit the safe use of electrical appliances in the shelter.
(9) Food preparation. Food preparation areas, if any, must contain suitable space and
equipment to store, prepare,and serve food in a safe and sanitary manner.
(10) Sanitary conditions. The shelter must be maintained in a sanitary condition.
(11) Fire safety. There must be at least one working smoke detector in each occupied unit of
the shelter. Where possible, smoke detectors must be located near sleeping areas. The fire
alarm system must be designed for hearing-impaired residents. All public areas of the
shelter must have at least one working smoke detector.There must also be a second means
of exiting the building in the event of fire or other emergency.
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EXHIBIT F
PERMANENT HOUSING
The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for
Permanent Housing,as applicable:
24 CFR 576.403(c): Minimum standards for permanent housing. The SUBRECIPIENT cannot use ESG
funds to help a program participant remain or move into housing that does not meet the minimum
habitability standards provided in this paragraph. The COUNTY may also establish standards that exceed
or add to these minimum standards.
(1) Structure and materials.The structures must be structurally sound to protect residents from
the elements and not pose any threat to health and safety of the residents.
(2) Space and security. Each resident must be provided adequate space and security for
themselves and their belongings. Each resident must be provided an acceptable place to
sleep.
(3) Interior air quality. Each room or space must have a natural or mechanical means of
ventilation.The interior air must be free of pollutants at a level that might threaten or harm
the health of residents.
(4) Water supply. The water supply must be free of contamination.
(5) Sanitary facilities. Residents must have access to sanitary facilities that are in proper
operating condition,are private,and are adequate for personal cleanliness and the disposal
of human waste.
(6) Thermal environment. The housing must have any necessary heating/cooling facilities in
proper operating condition.
(7) Illumination and electricity. The structure must have adequate natural or artificial
illumination to permit normal indoor activities and support health and safety. There must
be sufficient electrical sources to permit the safe use of electrical appliances in the
structure.
(8) Food preparation. All food preparation areas must contain suitable space and equipment
to store,prepare, and serve food in a safe and sanitary manner.
(9) Sanitary conditions. The housing must be maintained in a sanitary condition.
(10) Fire Safety. There must be a second means of exiting the building in the event of fire or
other emergency.
Each unit must include at least one battery-operated or hard-wired smoke detector, in
proper working condition, on each occupied level of the unit. Smoke detectors must be
located,to the extent practicable,in a hallway adjacent to a bedroom.If the unit is occupied
by hearing impaired persons, smoke detectors must have an alarm system designed for
hearing-impaired persons in each bedroom occupied by a hearing-impaired person.
The public areas of all housing must be equipped with a sufficient number, but not less
than one for each area, of battery-operated or hard-wired smoke detectors. Public areas
include, but are not limited to, laundry rooms, community rooms, day care centers,
hallways,stairwells,and other common areas.
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EXHIBIT G
COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS
The SUBRECIPIENT must adhere to 24 CFR 576.400 and coordinate with the Continuum of Care and
other programs.
(a) Consultation with the Continuum of Care. The SUBRECIPIENT and COUNTY must consult with the
Continuum of Care to determine how to allocate ESG funds each program year; develop the
performance standards for, and evaluate the outcomes of, projects and activities assisted by ESG
funds;and develop funding,policies,and procedures for the administration and operation of the HMIS.
(b) Coordination with other targeted homeless services. The SUBRECIPIENT and COUNTY must
coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other
programs targeted to homeless people in the area covered by the Continuum of Care or area over which
the services are coordinated to provide a strategic, community-wide system to prevent and end
homelessness for that area. These programs include:
(1) Shelter Plus Care Program (24 CFR part 582)
(2) Supportive Housing Program (24 CFR part 583)
(3) Section 8 Moderate Rehabilitation Program for Single Room Occupancy Program for
Homeless Individuals(24 CFR part 882)
(4) HUD-Veterans Affairs Supportive Housing (HUD—VASH) (division K, title II,
Consolidated Appropriations Act, 2008, Pub. L. 110-161 (2007), 73 FR 25026 (May 6,
2008))
(5) Education for Homeless Children and Youth Grants for State and Local Activities(title VII—
B of the McKinney-Vento Homeless Assistance Act(42 U.S.C. 11431 et seq.))
(6) Grants for the Benefit of Homeless Individuals (section 506 of the Public Health Services
Act(42 U.S.C. 290aa-5)
(7) Healthcare for the Homeless(42 CFR part 51 c)
(8) Programs for Runaway and Homeless Youth(Runaway and Homeless Youth Act(42 U.S.C.
5701 et seq.))
(9) Projects for Assistance in Transition from Homelessness (part C of title V of the Public
Health Service Act(42 U.S.C. 290cc-21 et seq.))
(10) Services in Supportive Housing Grants(section 520A of the Public Health Service Act)
(11) Emergency Food and Shelter Program (title III of the McKinney-Vento Homeless
Assistance Act(42 U.S.C. 11331 et seq.))
(12) Transitional Housing Assistance Grants for Victims of Sexual Assault,Domestic Violence,
Dating Violence, and Stalking Program (section 40299 of the Violent Crime Control and
Law Enforcement Act(42 U.S.C. 13975))
(13) Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless Veterans
Comprehensive Assistance Act(38 U.S.C. 2021))
(14) Domiciliary Care for Homeless Veterans Program(38 U.S.C. 2043)
(15) VA Homeless Providers Grant and Per Diem Program(38 CFR part 61)
(16) Health Care for Homeless Veterans Program (38 U.S.C.2031)
(17) Homeless Veterans Dental Program(38 U.S.C. 2062)
(18) Supportive Services for Veteran Families Program(38 CFR part 62)
(19) Veteran Justice Outreach Initiative(38 U.S.C.2031)
...._......_.... ......... ... .
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(c) System and program coordination with mainstream resources. The SUBRECIPIENT and COUNTY
must coordinate and integrate, to the maximum extent practicable, ESG-funded activities with
mainstream housing, health, social services, employment, education, and youth programs for which
families and individuals at risk of homelessness and homeless individuals and families may be eligible.
Examples of these programs include:
(I) Public housing programs assisted under Section 9 of the U.S. Housing Act of 1937 (42
U.S.C. 1437g)(24 CFR parts 905,968,and 990)
(2) Housing programs receiving tenant-based or project-based assistance under Section 8 of
the U.S.Housing Act of 1937(42 U.S.C. 14370(respectively 24 CFR parts 982 and 983)
(3) Supportive Housing for Persons with Disabilities(Section 811)(24 CFR part 891)
(4) HOME Investment Partnerships Program(24 CFR part 92)
(5) Temporary Assistance for Needy Families(TANF)(45 CFR parts 260-265)
(6) Health Center Program (42 CFR part 51c)
(7) State Children's Health Insurance Program (42 CFR part 457)
(8) Head Start(45 CFR chapter XIII,subchapter B)
(9) Mental Health and Substance Abuse Block Grants(45 CFR part 96)
(10) Services funded under the Workforce Investment Act(29 U.S.C. 2801 et seq.)
(d) Centralized or coordinated assessment. Once the Continuum of Care has developed a centralized
assessment system or a coordinated assessment system in accordance with requirements to be
established by HUD, each ESG-funded program or project within the Continuum of Care's area must
use that assessment system. The COUNTY and SUBRECIPIENT must work with the Continuum of
Care to ensure the screening, assessment, and referral of program participants is consistent with the
written standards required by paragraph(e)of this section.A victim service provider may choose not
to use the Continuum of Care's centralized or coordinated assessment system.
(e) Written standards for providing ESG assistance. The SUBRECIPIENT must have written standards
for providing ESG assistance and must consistently apply those standards for all program participants.
At a minimum,these written standards must include:
(1) Standard policies and procedures for evaluating individuals' and families' eligibility for
assistance under ESG.
(2) Standards for targeting and providing essential services related to street outreach.
(3) Policies and procedures for admission, diversion, referral, and discharge by emergency
shelters assisted under ESG, including standards regarding length of stay, if any, and
safeguards to meet the safety and shelter needs of special populations, e.g., victims of
domestic violence, dating violence, sexual assault, and stalking; and individuals and
families who have the highest barriers to housing and are likely to be homeless the longest.
(4) Policies and procedures for assessing, prioritizing, and reassessing individuals' and
families'needs for essential services related to emergency shelter.
(5) Policies and procedures for coordination among emergency shelter providers, essential
services providers, homelessness prevention, and rapid re-housing assistance providers;
other homeless assistance providers; and mainstream service and housing providers (see
§576.400(b) and (c) for a list of programs with which ESG-funded activities must be
coordinated and integrated to the maximum extent practicable).
(6) Policies and procedures for determining and prioritizing which eligible families and
individuals will receive homelessness prevention assistance and which eligible families
and individuals will receive rapid re-housing assistance.
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(7) Standards for determining what percentage or amount of rent and utilities costs each
program participant must pay while receiving homelessness prevention or rapid re-housing
assistance.
(8) Standards for determining how long a program participant will be provided with rental
assistance and whether and how the amount of that assistance will be adjusted over time.
(9) Standards for determining the type, amount, and duration of housing stabilization and/or
relocation services to provide a program participant, including the limits, if any, on the
homelessness prevention or rapid re-housing assistance that each program participant may
receive; such as the maximum amount of assistance, maximum number of months the
program participant receives assistance, or the maximum number of times the program
participant may receive assistance.
(f) Participation in HMIS. The SUBRECIPIENT must ensure that data on all persons served and all
activities assisted under ESG are entered into the applicable community wide HMIS or a comparable
database, in accordance with HUD's standards on participation,data collection,and reporting under a
local HMIS. If the SUBRECIPIENT is a victim service provider or a legal services provider, it may
use a comparable database that collects client-level data over time (i.e., longitudinal data) and
generates unduplicated aggregate reports based on the data. Information entered in a comparable
database must not be entered directly into or provided to an HMIS.
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FAIN# M-18-UC-12-0217
M-21-UC-12-0217
Federal Award Date October 2018 and
September 2021
Federal Award Agency HUD
CFDA Name Home Investment
Partnerships(HOME)
CFDA/CSFA# 14.239
Total Amount of Federal $344,251.78
Funds Awarded
Subrecipient Name Collier County Housing
Authority
UEI# WHDZXBD56QL 1
FEIN 59-1490555
R&D No
Indirect Cost Rate No
Period of Performance October 1, 2023-September
30, 2025
Fiscal Year End September 30
Monitor End: December 2025
AGREEMENT BETWEEN COLLIER COUNTY
AND
COLLIER COUNTY HOUSING AUTHORITY
Tenant Based Rental Assistance(TBRA)
THIS AGREEMENT is made and entered into this 11th day of July , 2023 by and
between Collier County,a political subdivision of the State of Florida,("COUNTY")having its principal
address as 3339 Tamiami Trail East,Suite 213,Naples,FL 34112,and COLLIER COUNTY HOUSING
AUTHORITY("SUBRECIPIENT")a quasi-governmental agency established by Florida Statutes chapter
421 existing under the laws of the State of Florida,having its principal office at 1800 Farm Worker Way,
Immokalee,FL 34142.
WHEREAS,the COUNTY is the recipient of HOME Investment Partnerships(HOME)Program
funds from the United States Department of Housing and Urban Development(HUD) as provided by the
Cranston-Gonzalez National Affordable Housing Act,as amended; and
WHEREAS,the Board of County Commissioners of Collier County(Board)approved the Collier
County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2023-2024 for the HOME
Program on July 11,2023 -Agenda Item#16.DJ ;and
WHEREAS, HUD has approved the County's Consolidated Plan One-Year Action Plan for
Federal Fiscal Year 2023-2024 for the HOME Program and the use of the HOME funds for the activities
identified in the Plan;and
WHEREAS,the COUNTY and SUBRECIPIENT desire to provide the activities specified in this
Agreement, in accordance with the approved One-Year Action Plan; and
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WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such
undertakings of the HOME Program as a valid and worthwhile County purpose.
NOW,THEREFORE,in consideration of the mutual covenants and obligations herein contained,
the Parties agree as follows:
PART I
SCOPE OF WORK
SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as
a condition of providing HOME Funds, as determined by Collier County Community & Human Services
(CHS),perform the tasks necessary to conduct the program as follows:
Project Name: Tenant Based Rental Assistance(TBRA)
Description of project and outcome: The HOME Tenant Based Rental Assistance (TBRA)
project will serve approximately 20 households with rent payments, utility and/or security
deposits.
Project Component One: Rental assistance which may include but is not limited to rent
payments, utility and/or security deposits.
Project Component Two: Project Delivery which may include personnel salaries.
1. Project Tasks:
a. Maintain documentation on all households served,in compliance with
24 CFR 576.500
b. Provide quarterly reports on meeting HOME Eligible Activity
c. Required attendance by a representative of SUBRECIPIENT Executive
Management,at each Partnership Meeting
1.1 SPECIAL GRANT CONDITIONS
A. Within sixty(60)calendar days of execution of this Agreement,SUBRECIPIENT must deliver
to CHS for approval, detailed tenant selection policies and criteria.
B. SUBRECIPIENT must submit the following resolutions and policies within sixty (60) days of
the execution of this Agreement:
• Affirmative Fair Housing Policy
• Affirmative Action/Equal Opportunity Policy
• Marketing Plan
• Conflict of Interest Policy(COI) and related COI Forms
• Procurement Policy
Uniform Relocation Act Policy
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• Sexual Harassment Policy
❑ Section 3 Policy
• Section 504/ADA Policy
• Fraud, Waste, and Abuse Policy
• Violence Against Women Act(VAWA) Policy
® LGBTQ Policy
▪ Language Assistance and Planning Policy(LAP)
• Limited English Proficiency Policy(LEP)
❑ Capital Need Assessment Plan
❑ Program Income Reuse Plan
® Tenant Policy Manual
C. Limited English Proficiency—Persons who,as a result of national origin,do not speak English
as their primary language and who have limited ability to speak, read, write, or understand
English("limited English proficient persons" or"LEP persons") may be entitled to language
assistance under Title VI of the Civil Rights Act of 1964 (Title VI) in order to receive a
particular service, benefit, or encounter. In accordance with Title VI and its implementing
regulations, SUBRECIPIENT agrees to take reasonable steps to ensure meaningful access by
LEP persons to activities funded with HOME Funds. Any of the following actions could
constitute"reasonable steps,"depending on the circumstances:acquiring translators to translate
vital documents, advertisements, or notices; acquiring interpreters for face-to-face interviews
with LEP persons; placing advertisements and notices in newspapers that serve LEP persons;
partnering with other organizations that serve LEP populations to provide interpretation,
translation, or dissemination of information regarding the project; hiring bilingual employees
or volunteers for outreach and intake activities; contracting with a telephone line interpreter
service; etc.
D. Environmental Review Requirement (ERR) - This Agreement does not constitute a
commitment of Funds or site approval. The commitment of Funds or site approval may occur
only upon satisfactory completion of environmental review executed by the COUNTY and
either (i) the determination that the project is Exempt or (ii) the COUNTY's receipt of an
approved request for release of funds and certification from HUD,under 24 CFR Part 58. The
provision of any funds to the project is conditioned on the COUNTY's determination to
proceed with, modify, or cancel the project based on the results of the environmental review.
No program costs can be incurred until an environmental review of the project is completed
and approved by the COUNTY. Further,the SUBRECIPIENT will not undertake any activity
or commit any funds prior to CHS issuance of the Notice to Proceed(NTP)letter.Violation of
this provision may result in the termination of this subaward and/or the denial of any
reimbursement of funds under this Agreement.
E. Annual Subrecipient Training—All SUBRECIPIENT staff assigned to the administration and
implementation of the Project established by this Agreement shall attend the CHS-sponsored
Annual Subrecipient Fair Housing training, except those who attended the training in the
previous year. In addition, at least one staff member shall attend all other CHS-offered
Subrecipient training relevant to the Project, as determined by the Grants Coordinator, not to
exceed four(4)sessions.
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1.2 PROJECT DETAILS
A. Project Description/Project Budget:
The TBRA Program:
a. Helps individual households
b. Can be used in a unit chosen by the tenant, and moves with the tenant
c. Rental Subsidy is based on the income of the household,the particular unit the
household selects,and Collier County rent standards
FY2019-2020 and FY2021-2022 Action Plan identified and approved the Project to perform
the tasks necessary to conduct the program as follows:
Tenant Based Rental Assistance Federal Funds Match Liability
Project Component 1: Rental assistance which may $309,826.60
include but is not limited to rent payments, utility
and/or security deposits.
Project Component 2: Project Delivery which may $34,425.18
include personnel_salaries.
HOME Match Requirement—25% WAIVED
Grant Total $344.251.78 WAIVED
SUBRECIPIENT will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
• Maintain beneficiary income certification documentation, and provide to the
COUNTY as requested
❑ Provide Quarterly Reports on project progress and meeting outcomes
• Provide Quarterly Leverage Funds Report
• Ensure attendance by a representative from executive management at scheduled
partnership meetings,as requested by CHS
❑ Ensure attendance by SUBRECIPIENT and General Contractor at Pre-
Construction meetings,prior to SUBRECIPIENT issuing Notice to Proceed(NTP)
to contractor
❑ Provide monthly construction and rehabilitation progress reports until completion
of construction or rehabilitation
❑ Identify Lead Project Manager
n Provide Site Design and Specifications
Submit Change Orders for CHS approval prior to SUBRECIPIENT authorizing
work.
❑ Comply with Davis-Bacon Act Labor Standards and maintain supporting
documentation
❑ Comply with Section 3 reporting requirements and maintain supporting
documentation
❑ Provide certified payroll weekly throughout construction and rehabilitation
❑ Comply with Uniform Relocation Act(URA), if applicable
❑ Ensure applicable numbers of units are Section 504/ADA accessible
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Ensure the applicable affordability period for the project is met
B. Income Requirements
Income requirements for Tenant Based Rental Assistance under this Agreement shall comply
with 24 CFR 92.216; 90 percent of tenants served must have an annual income at or below
60 percent of the HUD established median family income for Collier County, as adjusted for
family size, at the time of occupancy or the time Funds are invested, whichever is later. The
remaining 10 percent of tenants served may have an annual income of up to 80 percent of the
HUD established median family income for Collier County, as adjusted. Participants must be
certified initially and re-certified annually. Income eligibility of participants will be validated
during interim monitoring and at close out.
C. Performance Deliverables
The Following Table Details the Project Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Insurance Insurance Certificate, Exhibit A Within thirty (30)days of
Agreement execution and
within thirty(30)days of
renewal
Special Grant Condition Policies as stated in this Within sixty(60)days of
Policies(Section 1.1) Agreement Agreement Execution
Detailed Project Schedule Project Schedule N/A
Project Plans and Specifications Site Plans and Specifications N/A
Procurement Documents(Bid List docs here N/A
Packet)*
Subcontractor Log Subcontractor Log N/A
HQS Inspections Inspection Form Prior to Occupancy and
annually thereafter
Income Certification Exhibit D Maintained in
Documentation SUBRECIPIENT's client file
and validated at Interim and
Closeout Monitoring
Davis-Bacon/Certified Payroll Certified Payroll N/A
Documentation
Project Performance Progress Exhibit C Quarterly, on the 10th of the
Report month,following the end of the
quarter and a final report due
with last invoice
Leverage Funds Report Exhibit C-1 Quarterly,on the 10`''of the
month,following the end of the
quarter and a final report due
last invoice
Annual Audit Monitoring Exhibit E Annually within 60 days after
Report FY end.
Financial and Compliance Audit Audit,Management Letter,and Annually nine(9)months for
Supporting Documentation Single Audit OR one hundred
eighty(180)days after FY end
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Tenant Leases Copy of lease document Prior to occupancy
Occupancy and Tenant Income Summary of Tenant Income and N/A
Report and Rental Rate Report Income Limit,Rent and Rent
Limit,by unit(Rent Roll)
Operating Expense Report Actual vs. Budget,revenue and N/A
expense report and all supporting
documentation,as requested
Maintenance Plan Maintenance Policy Manual N/A
Maintenance Agreement Executed Agreement N/A
Capital Needs Assessment Plan Plan approved by the COUNTY N/A
Program Income Re-use Plan Planned use of program- N/A
generated income
* SUBRECIPIENT's Notice to Proceed may be withheld if procurement deliverables are not
submitted in a timely manner, as stated in Section 1.2.C, Performance Deliverables.
SUBRECIPIENT must submit to the COUNTY for approval all Change Orders required during the
project. Failure to submit Change Orders in a timely manner, may result in delay or withholding
of payment,as well as,a cease work order until all change orders have been reviewed and approved,
at which time a new Notice to Proceed will be issued.
D. Payment Deliverables
The Following Table Details the Payment Deliverables
Payment Deliverable Payment Supporting Submission Schedule
Documentation
Project Component One:Rental Submission of supporting Monthly,by the 30`I'of the
assistance which may include but documents must be provided as month following the month of
is not limited to rent payments, backup as evidenced completed service
utility and/or security deposits tenant lease(upon initial
submission only)utility deposit
invoice,cancelled check/ACH
banking documents and any
additional documents as
requested.
Project Component Two: Project Submission of supporting Monthly, by the 30th of the
Delivery which may include documents must be provided as month following the month of
personnel salaries backup as evidenced by service
timesheets,payroll register,bank
statements and any additional
documents as requested.
HOME Match Requirement Documentation of HOME Monthly Match: Provided by
Eligible Matching Funds COUNTY
E. Project Location
1. The tenant can choose the neighborhood they want to live in.
2. The tenant can choose the type of housing and specific housing unit.
3. The tenant can move to other housing, as needed. TBRA funds can be used outside
Collier County if Fair Market Rents or unit size is not available in Collier County.
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1.3 PERIOD OF PERFORMANCE
SUBRECIPIENT services shall begin on October 1,2023 and end on September 30,2025. The
term of this Agreement and the provisions herein may be extended by amendment to cover any
additional time period during which SUBRECIPIENT remains in control of HOME Funds or other
HOME assets, including program income.
The County Manager or designee may extend the term of this Agreement for a period of up to 180
days after the end of the Agreement, following receipt of SUBRECIPIENT's written request
submitted at least 30 days prior to agreement period of performance end date. Extensions must be
authorized, in writing,by formal letter to the SUBRECIPIENT.
In any event, 24 CFR 92.205(e)(2) requires the termination of projects not completed within four
(4) years of the commitment date. The commitment date for this Agreement shall be the date of
final execution. Project completion occurs when:
• All necessary title transfer requirements and construction work have been completed,
if applicable;
• Project complies with HOME requirements, including property standards;
• Final drawdown of HOME Funds has been disbursed; and
• Project completion information has been entered in IDIS, except for rental projects,
project completion occurs upon construction completion and before occupancy.
DURATION OF AGREEMENT
The duration of this SUBRECIPIENT Agreement is as follows:
Agreement Effective Date October 1, 2023
Agreement Termination Date September 30,2025
Deadline for Receipt of Final Reimbursement Request December 30,2025
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available THREE HUNDRED FORTY-FOUR THOUSAND
TWO HUNDRED FIFTY ONE DOLLARS AND SEVENTY EIGHT CENTS ($344,251.78)
for use by SUBRECIPIENT, during the term of the Agreement (hereinafter, referred to as the
Funds). This Agreement shall remain in effect until all HOME Funds and program income are no
longer under the control of SUBRECIPIENT.
Modifications to the Budget and Scope may only be made, if approved in advance, by the
COUNTY. Budgeted Fund shifts between line items shall not be more than 10 percent of the total
funding amount and shall not signify a change in scope. Fund shifts that exceed 10 percent of the
Agreement amount shall only be made with Board approval.
The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon
completion, or partial completion, of the work tasks as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of HOME Funds until needed for the payment of
eligible costs, and all disbursement requests must be limited to the amount needed at the time of
the request. Invoices for work performed are required every month. SUBRECIPIENT may expend
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Funds only for allowable costs resulting from obligations incurred during the term of this
Agreement.If no work has been performed during month,or if SUBRECIPIENT is not yet prepared
to send the required backup, a $0 invoice is required. Explanations will be required if two
consecutive months of$0 invoices are submitted. Payments shall be made to SUBRECIPIENT
when requested as work progresses,but not more frequently than once per month.
COUNTY will pay SUBRECIPIENT Funds available under this Agreement based on information
submitted by SUBRECIPIENT and consistent with any approved budget and COUNTY policy
concerning payments. With the exception of certain advances, payments will be made for eligible
expenses actually incurred by SUBRECIPIENT,not to exceed actual cash requirements.Payments
will be adjusted by CHS in accordance with advance Fund and program income balances available
in SUBRECIPIENT accounts.In addition,COUNTY reserves the right to liquidate Funds available
under this Agreement for costs incurred by COUNTY on behalf of SUBRECIPIENT.
Final invoices are due no later than 90 days after the end of the Agreement.Work performed during
the term of the program but not invoiced within 90 days after the end of the Agreement,may not
be processed without written authorization from the Grant Coordinator.
CHS may withhold any pay request until approved by CHS for grant compliance and adherence to
any and all applicable Local, State, or Federal requirements, including timely submission of
Performance Deliverables contained in Section 1.2.C. Late submission of deliverables or
evidence of project inactivity may cause payment suspension of any open pay requests until
the required deliverables are received or substantial protect progression occurs, as
determined by CHS. Except where disputed for noncompliance, payment will be made upon
receipt of a properly completed invoice, and in compliance with sections 218.70-218.80, Florida
Statutes,otherwise known as the"Local Government Prompt Payment Act."
1.5 MATCH REQUIRED(24 CFR 92.218)
Match is required for HOME Funds. SUBRECIPIENT is required to provide match funds from an
eligible source throughout a fiscal year, such as contributions to housing activities that qualify as
affordable housing under the HOME program. Contributions that have been or will be counted as
satisfying a matching requirement of another Federal grant or award may not count as satisfying
the matching contribution requirement for the HOME program. Pursuant to Florida Administrative
Code 67-37.007, State Housing Initiatives Partnership (SHIP) Program funds may be used as
required match for HOME eligible activities.
1.6 LEVERAGE FUNDS
Leveraged funds must be identified, tracked, and verifiable in the SUBRECIPIENT's records.
Resources must be fully identified and described in the Agreement and the approved budget
submitted with the application. Resources must also meet the following criteria to be allowable as
leverage:
a. Expenditures of leveraged funds or resources are permitted only for eligible activities
and allowable costs under the cost principles specified by the OMB Circulars
referenced in this Agreement. Expenditures must be necessary and reasonable for
proper and efficient accomplishments of project or program objectives.
b. Leveraged resources committed on one project may not be used as leverage or match
for any other project or program.
c. Leveraged resources must represent newly created resources covering expenditures
that would not be incurred if the award were not made.
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d. Leveraged resources may not be Federal funds under a different award, except where
Federal statute allows their use for cost sharing(such as the Community Development
Block Grant program).
e. Third-party cash or in-kind contributions offered as leverage require a commitment
letter on company letterhead signed by the individual who is in a position to commit
the in-kind contribution. The contribution is only allowable if not utilized towards
matching dollars.
1.7 COST PRINCIPLES
Payments to SUBRECIPIENT are governed by the Federal grant management rules for cost
allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section
(Section 1.7-Cost Principles) of this Agreement, SUBRECIPIENT is defined as described in
2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request
for reimbursement shall identify the associated project and approved project task(s) listed under
Part I - Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed
specifically to the projects referenced in the Scope of Work, as defined in 2 CFR 200.413.
SUBRECIPIENT must provide adequate documentation for validating costs incurred.Payments to
SUBRECIPIENT's contractors and vendors are conditioned upon compliance with the procurement
requirements provided in 2 CFR 200.318-200.327. Allowable costs incurred by Subrecipients and
its Contractors shall comply with 2 CFR Subpart E-Cost Principles. SUBRECIPIENT may not be
subject to 2 CFR Subpart E; however, the COUNTY is and may impose requirements upon
SUBRECIPIENT so that the COUNTY can remain compliant with its obligation to follow 2 CFR
200 Subpart E. SUBRECIPIENT will use adequate internal controls and maintain necessary source
documentation for all costs incurred and adhere to any other accounting requirements included in
this Agreement.
1.8 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier,or personal delivery or sent by facsimile or other electronic means.Any notice
delivered or sent as aforesaid shall be effective on the date of delivery or sending.All notices and
other written communications under this Agreement shall be addressed to the individuals in the
capacities indicated below, unless otherwise modified by subsequent written notice.
COLLIER COUNTY ATTENTION: Carolyn Noble,Grant Coordinator
Collier County Government
Community and Human Services Division
3339 Tamiami Trail East, Suite 213
Naples,Florida 34112
Email: Carolyn.Noble@colliercountyfl.gov
Telephone: (239)450-5186
SUBRECIPIENT ATTENTION: Oscar Hentschel, Executive Director
Collier County Housing Authority
1800 Farm Worker Way
Immokalee,FL 34142
Email: ohentschelna,cchafl.org
Telephone: (239)657-9649
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PART II
GRANT CONTROL REQUIREMENTS
2.1 AUDITS
During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual
Audit Monitoring report(Exhibit E)no later than 60 days after SUBRECIPIENT'S fiscal year end.
In addition, SUBRECIPIENT shall submit to the COUNTY a financial and compliance Single
Audit report, Management Letter, and supporting documentation nine (9) months (or audited
financial statements, one hundred eighty (180) days for Subrecipients exempt from Single Audit)
after the SUBRECIPIENT'S fiscal year end. The COUNTY will conduct an annual financial and
programmatic review.
SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after
receipt of the report. SUBRECIPIENT's failure to comply with the above audit requirements will
constitute a violation of this Agreement and may result in withholding of future payments.
SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with
current COUNTY policy concerning subrecipient audits and 2 CFR 200.501.
Federal award amounts expended shall be determined in accordance with guidelines established by
2 CFR Part 200, Subpart F-Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 92.508 to determine
compliance with the requirements of this Agreement,the HOME Program,and all other applicable
laws and regulations. This documentation includes, but is not limited to,the following:
A. All records required by HOME regulations.
B. SUBRECIPIENT shall maintain public records that ordinarily and necessarily would be
required by COUNTY to perform the service.
C. SUBRECIPIENT shall make available to the COUNTY or CHS,at any time upon request,
all reports, plans, surveys, information, documents, maps, books, records, and other data
procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this
Agreement. Materials identified in the previous sentence shall be in accordance with
generally accepted accounting principles (GAAP), procedures, and practices, that
sufficiently and properly reflect all revenues and expenditures of Funds provided directly
or indirectly by this Agreement, including matching funds and Program Income. These
records shall be maintained to the extent of such detail as will properly reflect all net costs,
direct and indirect labor, materials, equipment, supplies and services, and other costs and
expenses of whatever nature for which reimbursement is claimed under the provisions of
this Agreement.
D. Upon completion of all work contemplated under this Agreement,copies of all documents
and records relating to this Agreement shall be surrendered to CHS, if requested. In any
event,SUBRECIPIENT shall maintain all documents and records in an orderly fashion,in
a readily accessible, permanent, and secured location for five (5) years after the date of
submission of the final performance and evaluation report, as prescribed in 24 CFR
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92.508(c).However, if any litigation,claim,or audit is started before the expiration of the
five (5) year period, the records will be maintained until all litigation, claim, or audit
findings involving these records are resolved. If SUBRECIPIENT ceases to exist after
closeout of this Agreement, SUBRECIPIENT shall inform the COUNTY, in writing, of
the address where the records are to be kept, as outlined in 2 CFR 200.337.
SUBRECIPIENT will meet all requirements for retaining public records and transfer to
COUNTY at no cost, all public records in possession of the SUBRECIPIENT upon
termination of the Agreement and destroy any duplicate, exempt, or confidential public
records that are released from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible with the
COUNTY's information technology systems.
IF SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, IT SHALL CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-2679,
Michael.Brownlee ar colliercountyfl.gov, 3299 Tamiami Trail East,
Naples, FL 34112.
E. For rental housing projects, records must be retained for three (3) years after the project
completion date; however,records of individual tenant income certification, project rents,
and project inspections for the most recent five-year period must be retained until five(5)
years after the end of the affordability period. For tenant-based rental assistance projects,
records must be retained for five years after the period of rental assistance terminates.
F. SUBRECIPIENT is responsible for the creation and maintenance of income eligible files
on clients served, and documentation that all households are eligible under HUD Income
Guidelines. SUBRECIPIENT agrees that CHS shall be the final arbiter on the
SUBRECIPIENT's compliance.
G. SUBRECIPIENT shall provide the public with access to public records on the same terms
and conditions that the COUNTY would provide the records, and at a cost that does not
exceed the cost provided in Chapter 119,Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that exempt or confidential public records,that are released
from public records disclosure requirements, are not disclosed except as authorized by
2 CFR 200.337 and 2 CFR 200.338.
2.3 MONITORING
SUBRECIPIENT agrees that CHS may carry out no fewer than one(1)annual on-site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, it may
impose a reasonable monitoring charge.Fees are based on average staff time and cost of materials.
Ongoing monitoring fees may be included in the project underwriting.In addition,the COUNTY
shall conduct inspections every three (3)years in accordance with 24 CFR 92.504(d)(1) at
a minimum, and Housing Quality Standards (HQS) inspections shall be completed in
accordance with 24 CFR 92.209(i).Also,at the COUNTY's discretion,a desk top review of the
activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is
dependent upon satisfactory evaluations. SUBRECIPIENT shall,upon the request of CHS,submit
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information and status reports required by CHS or HUD to enable CHS to evaluate said progress
and allow for completion of required reports.SUBRECIPIENT shall allow CHS or HUD to monitor
the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by
CHS or HUD.
At any time during normal business hours and as often as the COUNTY(and/or its representatives)
may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit all
records,documentation, and any other data relating to all matters covered by the Agreement.
The COUNTY will monitor the performance of SUBRECIPIENT in an attempt to mitigate fraud,
waste, abuse, or non-performance based on goals and performance standards, as stated with all
other applicable laws, regulations, and policies governing the Funds provided under this
Agreement, further defined by 2 CFR 200.332. Substandard performance, as determined by CHS,
will constitute noncompliance with this Agreement. If corrective action is not taken by the
SUBRECIPIENT within a reasonable time period after being notified by CHS, Agreement
suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD,
the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the
COUNTY's internal auditor(s) access to all records related to performance of activities in this
Agreement.
2.4 PREVENTION OF FRAUD,WASTE,AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient
to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this
Agreement, and provide proper and effective management of all Program and Fiscal activities of
the Agreement. SUBRECIPIENT's internal control systems and all transactions and other
significant events are to be clearly documented, and the documentation shall be readily available
for monitoring by CHS.
SUBRECIPIENT shall give COUNTY complete access to all its records, employees, and agents
for the purpose of monitoring or investigating the performance of the Agreement.SUBRECIPIENT
shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent fraud,waste, and
abuse.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this Agreement or any law or regulation to the COUNTY, or any
appropriate law enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this Agreement.Penalties may be imposed for failure to implement or to make
acceptable progress on such corrective action plans.
To effectively enforce COUNTY Resolution No.2013-228, CHS has adopted an escalation policy
to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds
from CHS. The escalation policy for noncompliance is as follows:
1. Initial noncompliance may result in CHS issuing Findings or Concerns to SUBRECIPIENT,
which requires SUBRECIPIENT to submit a corrective action plan to CHS within 10 business
days following issuance of the report.
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o Any pay requests that have been submitted to CHS for payment will be held until the
corrective action plan has been submitted.
o CHS will be available to provide Technical Assistance (TA) to SUBRECIPIENT, as
needed,to assist in correcting the noncompliance issue.
2. If SUBRECIPIENT fails to submit the corrective action plan in a timely manner, CHS may
require a portion of the awarded grant amount to be returned to the COUNTY.
o CHS may require SUBRECIPIENT to return upwards of 5 percent of the award amount to
the COUNTY,at the discretion of the Board.
o SUBRECIPIENT may be considered in violation of Resolution No. 2013-228.
3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected
and has been informed by CHS of their substantial noncompliance by certified mail;CHS may
require a portion of the awarded grant amount, or the amount of the HOME investment for
acquisition of the properties conveyed,to be returned to the COUNTY.
o CHS may require SUBRECIPIENT to return upwards of 10 percent of the award amount
to the COUNTY,at the discretion of the Board.
o SUBRECIPIENT will be considered in violation of Resolution No. 2013-228.
4. If after repeated notification, SUBRECIPIENT continues to be substantially noncompliant,
CHS may recommend the Agreement or award be terminated.
o CHS will make a recommendation to the Board to immediately terminate the Agreement.
SUBRECIPIENT will be required to repay all Funds disbursed by the COUNTY for the
terminated project. This includes the amount invested by the COUNTY for the initial
acquisition of the properties or other activities.
o SUBRECIPIENT will be considered in violation of Resolution No. 2013-228.
If SUBRECIPIENT has multiple agreements with the COUNTY and is found to be noncompliant,
the above sanctions may be imposed across all awards,at the Board's discretion.
2.6 REPORTS
Reimbursement may be contingent on the timely receipt of complete and accurate reports required
by this Agreement, and on the resolution of monitoring findings identified pursuant to this
Agreement, as deemed necessary by the County Manager or designee. Reports showing lack of
project activity may result in withholding of payment or issuance of a Notice of
Noncompliance.
During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the
COUNTY on the 10th day of January,April, July, and October, respectively, for the prior quarter
period end. As part of the report submitted in October, SUBRECIPIENT also agrees to include, a
comprehensive final report covering the agreed-upon Program objectives, activities, and
expenditures including but not limited to, performance data on client feedback with respect to the
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goals and objectives set forth in Exhibit C,which contains an example reporting form to be used in
fulfillment of this requirement.Additionally, all leveraged funds utilized in support of this project
will be submitted on Exhibit C-1. Other reporting requirements may be imposed by the County
Manager or their designee in the event of Program changes,the need for additional information or
documentation arises, and/or legislative amendments are enacted. Reports and/or requested
documentation not received by the due date shall be considered delinquent and may be cause for
default and termination of this Agreement.
Remainder of Page Intentionally Left Blank
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY,which consent, if given at all,shall be at the COUNTY's sole discretion and judgment.
SUBRECIPIENT shall cause all provisions of this Agreement in its entirety to be included in and
made a part of any subcontract executed in the performance of this Agreement.
3.2 GENERAL COMPLIANCE
SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 92 (the U. S. Housing and Urban Development regulations concerning HOME
Investment Partnerships Program Grants (HOME), including subpart H, except that (1)
SUBRECIPIENT does not assume the COUNTY's environmental responsibilities described in 24
CFR 93.352,and(2)SUBRECIPIENT does not assume the COUNTY's responsibility for initiating
the review process under the provisions of 24 CFR 92.357. The SUBRECIPIENT also agrees to
comply with all other applicable laws,regulations,and policies governing the Funds provided under
this Agreement. SUBRECIPIENT further agrees to utilize Funds available under this Agreement
to supplement, rather than supplant,funds otherwise available.
SUBRECIPIENT is prohibited from using Funds provided herein, or personnel employed in the
administration of the program for political activities, inherently religious activities, lobbying,
political patronage,and nepotism activities.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to,or shall be construed in any manner as creating
or establishing the relationship of employer/employee between the parties. SUBRECIPIENT shall
always remain an independent contractor with respect to the services to be performed under this
Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation,
FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the
SUBRECIPIENT is Independent from the COUNTY.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a
duly authorized representative of each organization,and approved by the COUNTY's Board. Such
amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or
SUBRECIPIENT from its obligations under this Agreement.
The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or
Local governmental guidelines, policies, available funding amounts, or other reasons. If such
amendments result in a change in the funding,the scope of service, or schedule of activities to be
undertaken as part of this Agreement, such modifications will be incorporated only by written
amendment,signed by both COUNTY and SUBRECIPIENT.
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3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from HUD provided HOME grant funds and must
be implemented in full compliance with all HUD rules and regulations and any agreement between
the COUNTY and HUD governing HOME Funds pertaining to this Agreement. In the event of
curtailment or non-production of said Federal Funds, or the reduction of Funds awarded by HUD
to the COUNTY, to a level that the County Manager determines to be insufficient to adequately
administer the project,the financial resources necessary to continue to pay SUBRECIPIENT all or
any portion of the Funds will not be available. In that event, the COUNTY may terminate this
Agreement, which shall be effective as of the date it is determined by the County Manager or
designee, in his-her sole discretion and judgment, that the Funds are no longer available. In the
event of such termination, SUBRECIPIENT agrees that it will not look to, nor seek to hold the
COUNTY, nor any individual member of the County Commissioners and/or County
Administration, personally liable for the performance of this Agreement, and the COUNTY shall
be released from any further liability to SUBRECIPIENT under the terms of this Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law,the SUBRECIPIENT shall indemnify and hold
harmless Collier County, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act or omission, including
but not limited to,reasonable attorneys'and paralegals'fees,to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of SUBR.ECIPIENT or any of its agents, officers,
servants,employees,contractors,patrons,guests,clients, licensees, invitees,or any persons acting
under the direction, control, or supervision of the SUBRECIPIENT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce
any other rights or remedies that otherwise may be available to an indemnified party or person
described in this paragraph. SUBRECIPIENT shall pay all claims and losses of any nature
whatsoever in connection therewith,defend all suits in the name of the COUNTY,and pay all costs
(including attorney's fees) and judgments that may issue thereon. This Indemnification shall
survive the termination and/or expiration of this Agreement. This section does not pertain to any
incident arising from the sole negligence of the COUNTY.The foregoing indemnification shall not
constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida
Statutes. This Section shall survive the expiration or termination of this Agreement.
3.7 GRANTOR RECOGNITION/SPONSORSHIPS
SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements,
descriptions of the Program sponsorships, research reports, and similar public notices, whether
printed or digitally,it prepares and releases for,on behalf of,and/or about the Program shall include
the statement:
"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY
COMMUNITY AND HUMAN SERVICES DIVISION"
and shall appear in the same size letters or type as the name of SUBRECIPIENT. This design
concept is intended to disseminate key information to the general public regarding the development
team,as well as Equal Housing Opportunity.If this Agreement results in any copyrightable material
or inventions, CHS and/or the COUNTY reserve the right to royalty-free, non-exclusive, and
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irrevocable license to reproduce,publish, or otherwise use; and to authorize others to use the work
or materials for governmental purposes.
3.8 SUSPENSION AND DEBARMENT
SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by a Federal Department or agency;and that the SUBRECIPIENT shall not knowingly
enter into any lower tier contract, or other covered transaction, with a suspended or debarred
contractor or vendor,as outlined in Executive Orders 12549(1986)and 12689(1989), Suspension
and Debarment and 2 CFR 200.214,as further detailed in Section 4.18.
3.9 DEFAULTS,REMEDIES,AND TERMINATION
In accordance with 2 CFR 200.341, this Agreement may be terminated for convenience by either
the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such
termination,the effective date,and in the case of partial terminations,the portion to be terminated.
However,in the case of a partial termination,if the COUNTY determines that the remaining portion
of the award will not accomplish the purpose for which it was made,the COUNTY may terminate
the award in its entirety. This Agreement may also be terminated by the COUNTY if the award no
longer effectuates the program goals or grantor agency priorities.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement:
A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or
such statutes,regulations,executive orders,and HUD guidelines,policies,or directives as
may become applicable at any time.
B. Failure,for any reason,to fulfill its obligations under this Agreement in a timely and proper
manner.
C. Ineffective or improper use of Funds provided under this Agreement.
D. Submission of reports to the COUNTY, that are incorrect or incomplete in any material
respect.
E. Submission of any false certification.
F. Failure to materially comply with any terms of this Agreement.
G. Failure to materially comply with the terms of any other agreement between the COUNTY
and SUBRECIPIENT relating to the Project.
In the event of any default by SUBRECIPIENT under this Agreement,the COUNTY may seek any
combination of one or more of the following remedies, in compliance with 2 CFR 200,Appendix
II(B):
A. Require specific performance of the Agreement, in whole or in part
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B. Require the use of or change in professional property management, if applicable
C. Require immediate repayment to the COUNTY all HOME funds SUBRECIPIENT has
received under this Agreement
D. Apply sanctions set forth in 24 CFR 92, if determined by the COUNTY to be applicable
E. Stop all payments until identified deficiencies are corrected
F. Terminate this Agreement by giving written notice to SUBRECIPIENT specifying the
effective date of such termination. If the Agreement is terminated by the COUNTY as
provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any
incomplete project activities undertaken under this Agreement.
3.10 REVERSION OF ASSETS
Upon termination or expiration of the Agreement,in addition to any and all other remedies available
to the COUNTY (whether under this Agreement or at law or in equity), if SUBRECIPIENT has
not provided the required end use beneficiaries, SUBRECIPIENT shall immediately transfer to the
COUNTY any property on hand at the time of termination (or expiration) and any accounts
receivable attributable to the use of HOME funds.
The COUNTY's receipt of any Funds on hand at the time of termination shall not waive the
COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the
Funds, as the COUNTY may deem necessary. Regulations regarding real property are subject to
2 CFR 200.311 and as otherwise provided at 24 CFR 92.504(c)(2)(vii).
All program assets (unexpended program income, property, equipment, etc.) shall revert to CHS
upon termination of this Agreement.
3.11 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until
all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said
insurance shall be carried continuously during SUBRECIPIENT's performance under the
Agreement.
3.12 ADMINISTRATIVE REQUIREMENTS
SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and
Scope of Work (Part I), the Uniform Administrative Requirements for Cost Principles and Audit
Requirements for Federal Awards (2 CFR 200 et seq), and the Federal regulations for the HOME
funds(24 CFR 92 et seq.).
3.13 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards at(2 CFR 200.318 through
2 CFR 200.327)and Collier County's purchasing thresholds.
All purchasing for goods and services, including capital equipment, shall be made by purchase
order or a written contract in conformity with the thresholds of Collier County Purchasing Policy.
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Range: Competition Required
$0-$50,000 3 Written Quotes
$50,001+ Formal Solicitation(ITB, RFP,etc.)
All improvements specified in Part I, Scope of Work shall be performed by SUBRECIPIENT
employees, or put out to competitive bidding, under a procedure acceptable to the COUNTY and
Federal requirements. SUBRECIPIENT shall enter into contracts for improvements with the
lowest, responsible and responsive bidder. Contract administration shall be handled by
SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents
related to the project.
In accordance with 24 CFR parts 570.202(b)(3)&570.202(b)(4),to the greatest extent practicable,
SUBRECIPIENT shall procure products, similar to Energy Star and Water Sense products and
appliances,that increase the effective use of energy and water in structures.
In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall
procure,acquire,or use goods,products or materials produced in the United States.
In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level of
completion, per 2 CFR 200,Appendix II (J)and 2 CFR 200.323.
3.14 PROGRAM GENERATED INCOME
No Program Income is anticipated.However,if Program Income is derived from the use of HOME
Funds disbursed under this Agreement,such Program Income shall be utilized by SUBRECIPIENT
for HOME-eligible activities, approved by COUNTY. Any Program Income (as such term is
defined under applicable Federal regulations) gained from any SUBRECIPIENT activity funded
by HOME funds shall be reported to the COUNTY through an annual Program Income Reuse Plan,
utilized by SUBRECIPIENT accordingly,and shall be compliant with 2 CFR 200.307 and 24 CFR
92.503(a), in the operation of the Program. When Program Income is generated by an activity
that is only partially assisted with HOME funds, the income shall be prorated to reflect the
percentage of HOME funds used.If there is a Program Income balance at the end of the Program
Year, such balance shall revert to the COUNTY's HOME Grant Program,for further reallocation.
3.15 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during the closeout period shall include but are not limited to making final
payments, disposing of program assets (including the return of all unused materials, equipment,
program income balances, and receivable accounts to the COUNTY), and determining the
custodianship of records. In addition to the records retention outlined in section 2.2 (Records and
Documentation)of this Agreement, SUBRECIPIENT shall comply with section 119.021, Florida
Statutes, regarding records maintenance, preservation, and retention. A conflict between state and
federal records retention requirements will result in the more stringent law being applied,such that
the record must be held for the longer duration. Any balance of unobligated funds that have been
advanced or paid must be returned to the COUNTY.Any funds paid exceeding the amount to which
the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded
to the COUNTY. SUBRECIPIENT shall also produce records and information that comply with
section 215.97,Florida Statutes,the Florida Single Audit Act.Closeout procedures must take place
in accordance with 2 CFR 200.344.
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3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
SUBRECIPIENT agrees that no person shall be excluded from the benefits of or subjected to
discrimination under any activity carried out by the performance of this Agreement based on race,
color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of
such discrimination, the COUNTY shall have the right to terminate this Agreement.
To the greatest extent feasible, lower-income residents of the project area shall be given
opportunities for training and employment. In addition, eligible business concerns located in, or
owned in substantial part, by persons residing in the project area shall be awarded contracts in
connection with the project. SUBRECIPIENT shall comply with Section 3 of the Housing and
Community Development Act of 1968.
3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS
ENTERPRISES
SUBRECIPIENT will use its best efforts to afford small businesses and minority and women's
business enterprises the maximum practicable opportunity to participate in the performance of this
Agreement.As used in this Agreement,the term"small business"means a business that meets the
criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and
"minority and women's business enterprise"means a business that is at least 51 percent owned and
controlled by minority group members or women. For the purpose of this definition, "minority
group members" are Black Americans, Hispanic Americans, Asian/Pacific Americans, Native
Americans, and Hasidic Jews. The SUBRECIPIENT may rely on written representations by
businesses regarding their status as minority and female business enterprises in lieu of an
independent investigation.
3.18 PROGRAM BENEFICIARIES
HOME Program TBRA funding is limited to low-income households (below 80 percent of Area
Medium Income (AMI)). However, HUD has further targeted very-low-income households(at or
below 60 percent of AMI), per 24 CFR 92.216(a). As such, 90 percent of eligible households
receiving TBRA funding under this Agreement must be at or below 60 percent of AMI and
10 percent of eligible households may have a household income of up to 80 percent of AMI,
adjusted for family size. Assistance must be provided for at least one year but not more than two
years,per 24 CFR 92.209(e).
3.19 AFFIRMATIVE ACTION
SUBRECIPIENT agrees that it shall be committed to carrying out an Affirmative Action Program,
pursuant to the COUNTY's specifications in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966.Prior to the award of Funds,SUBRECIPIENT shall
submit to the COUNTY for approval an Affirmative Action Program plan. SUBRECIPIENT
shall update the Affirmative Action Plan throughout the affordability period, as needed,
and submit it to the COUNTY within 60 days of any update/modification.
3.20 FEES
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SUBRECIPIENT agrees that it shall not charge servicing,origination,or other fees for the purpose
of covering costs of administering the HOME program, except as permitted by 24 CFR
92.214(b)(1).
3.21 CONFLICT OF INTEREST
SUBRECIPIENT covenants that no person under its employ who presently exercises any functions
or responsibilities in connection with the Project, has any direct or indirect personal financial
interest in the Project areas or any parcels therein that would conflict in any manner or degree with
the performance of this Agreement and SUBRECIPIENT shall not employ or subcontract any
person having a conflict of interest for this project. SUBRECIPIENT covenants that it will comply
with all provisions of 24 CFR 92.356(f) "Conflict of Interest," 2 CFR 200.318, and the State and
County statutes,regulations,ordinances,or resolutions governing conflicts of interest.
Any possible conflict of interest on the part of SUBRECIPIENT or its employees shall be disclosed
in writing to CHS provided, however,that this section shall be interpreted in such a manner so as
not to unreasonably impede the statutory requirement that maximum opportunity be provided for
employment of and participation of low-and moderate-income residents of the project target area.
SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned,in whole or in part,by a covered person or an entity
owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure the contractor is qualified and the costs are reasonable.Approval of an
identity of interest contract will be in the COUNTY's sole discretion.This provision is not intended
to limit SUBRECIPIENT's ability to self-manage the projects using its own employees.
3.22 RELIGIOUS ORGANIZATIONS
HOME funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 92.257.
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows:
a. It will not discriminate against any employee or applicant for employment and will not limit or
give preference in employment to persons based on religion.
b. It will not discriminate against any person applying for public services and will not limit such
services or give preference to persons based on religion.
c. It will retain its independence from Federal, State,and local governments and may continue to
carry out its mission, including the definition, practice, and expression of its religious beliefs,
provided that it does not use direct HOME Funds to support any inherently religious activities,
such as worship,religious instruction,or proselytizing.
d. The Funds shall not be used for the acquisition,construction, or rehabilitation of structures to
the extent that those structures are used for inherently religious activities. Where a structure is
used for both eligible and inherently religious activities,HOME Funds may not exceed the cost
of those portions of the acquisition, construction, or rehabilitation that are attributable to
eligible activities in accordance with the cost accounting requirements applicable to HOME
Funds in this part. Sanctuaries, chapels, or other rooms that a HOME funded religious
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congregation uses as its principal place of worship, however, are ineligible for HOME funded
improvements.
3.23 INCIDENT REPORTING
If services to clients are provided under this Agreement, SUBRECIPIENT and any subcontractors
shall report to CHS,knowledge or reasonable suspicion of abuse,neglect,or exploitation of a child,
aged person,or disabled person.
During the term of this Agreement, SUBRECIPIENT must report to the COUNTY in
writing, within one business day of occurrence, any substantial, controversial, or
newsworthy incidents. The Collier County Standard Subrecipient Incident Report Form
shall be used to report all such incidents.
3.24 SEVERABILITY
Should any provision of the Agreement be determined unenforceable or invalid,such determination
shall not affect the validity or enforceability of any other section or part thereof.
3.25 BYRD ANTI-LOBBYING AMENDMENT
Each tier certifies that the tier above it will not,and has not, used Federally appropriated Funds to
pay any person or organization for influencing or attempting to influence the award of Federal
Funds, as covered by 31 USC 1352, and more fully described in Section 4.54 of this Agreement.
Contractors who apply or bid for an award of$100,000 or more shall file the required certification.
3.26 MISCELLANEOUS
SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives,
and assigns of such other party in respect to all covenants of this Agreement.
SUBRECIPIENT represents and warrants that the financial data, reports, and other information it
furnished to the COUNTY regarding the Project are accurate and complete, and financial
disclosures fairly represent the financial position of SUBRECIPIENT.
SUBRECIPIENT understands that client information collected under this Agreement is private and
the use or disclosure of such information, when not directly connected with the administration of
the COUNTY's or SUBRECIPIENT's responsibilities with respect to services provided under this
Agreement,is prohibited unless written consent is obtained from such person receiving service and,
in case of a minor,that of a responsible parent/guardian.
SUBRECIPIENT certifies that it has the legal authority to receive the funds under this Agreement
and its governing body has authorized the execution and acceptance of this Agreement.
SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and
bind SUBRECIPIENT to the terms of this Agreement.
The section headings and subheadings contained in this Agreement are included for convenience
only and shall not limit or otherwise affect the terms of this Agreement.
The Grant Documents shall be construed in accordance with and governed by the laws of the State
of Florida, without giving effect to its provisions regarding choice of laws.
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All activities authorized by this Agreement shall be subject to and performed in accordance with
the provisions of the terms and conditions of the Agreement between the COUNTY, the
Regulations, all applicable federal, state, and municipal laws, ordinances, regulations, orders, and
guidelines, including but not limited to any applicable regulations issued by the COUNTY.
Electronic Signatures. This Agreement,and related documents entered into in connection with this
Agreement, are signed when a party's signature is delivered by facsimile, e-mail, or any other
electronic medium. These signatures must be treated in all respects as having the same force and
effect as original signatures.
3.27 WAIVER
The COUNTY'S failure to act with respect to a breach by SUBRECIPIENT does not waive its
right to act with respect to subsequent or similar breaches. The COUNTY'S failure to exercise or
enforce any right or provision shall not constitute a waiver of such right or provision.
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PART IV
GENERAL PROVISIONS
4.1 24 CFR 92 as amended-All the regulations regarding the HOME program
https://www.ecfr.gov/current/title-24/subtitle-A/part-92
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link:
https://www.ecfr.gov/current/title-24/subtitle-A/part-58?toc=1
4.3 Title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12701 et seq.).
Regulations at 24 CFR part 92. Titles II and III of the Americans with Disabilities Act, which
prohibit you from discriminating on the basis of disability in the operation of public entities,public
and private transportation systems,places of public accommodation,and certain testing entities(42
U.S.C. sections 12131-12189), as implemented by Department of Justice regulations at 28 C.F.R.
parts 35 and 36,and Department of Transportation regulations at 49 C.F.R. parts 37 and 38. Titles
II and III of the Americans with Disabilities Act, which prohibit you from discriminating on the
basis of disability in the operation of public entities, public and private transportation systems,
places of public accommodation, and certain testing entities(42 U.S.C. sections 12131-12189),as
implemented by Department of Justice regulations at 28 C.F.R. parts 35 and 36, and Department
of Transportation regulations at 49 C.F.R. parts 37 and 38.
4.4 The Fair Housing Act(42 U.S.C. 3601-20)Reasonable Accommodations Under the Fair Housing
Act. https://www.hud.gov/sites/documents/DOC_7771.PDF
E.O. 11063—Equal Opportunity in Housing
Executive Order 11063—Equal Opportunity in Housing I The American Presidency Project
(ucsb.edu)
E.O. 11259-Leadership&Coordination of Fair Housing in Federal Programs
http://www.archives.gov/federal-register/codification/executive-order/12259.html
24 CFR Part 107-Non-Discrimination and Equal Opportunity in Housing under E.O.
https://www.law.comel l.edu/cfr/text/24/part-107
4.5 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as
amended https://www.hud.gov/programdescription/title6
4.6 24 CFR 92.202 - The regulations issued pursuant to Executive Order 11063 which prohibits
discrimination and promotes equal opportunity in housing.
https://www.law.cornell.edu/cfr/text/24/part-92
4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations. EO 11246:
http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html
EO 11375 and 12086: see item#8 below
4.8 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972,42 USC section 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or
advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an
Equal Opportunity or Affirmative Action employer.
http://www.eeoc.gov/laws/statutes/titlevii.cfm
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4.9 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107 and 12086.
Age Discrimination Act of 1975-http://www.dol.gov/oasam/regs/statutes/age act.htm
11063: Executive Order 11063—Equal Opportunity in Housing I The American Presidency
Project(ucsb.edu)
11246:Executive Order 11246—Equal Employment Opportunity I U.S. Department of Labor
(dol.gov)
11375:Amended by EO 11478
11478: http://www.archives.gov/federal-register/codification/executive-order/11478.html
12107: http://www.archives.gov/federal-register/codification/executive-order/12107.html
12086: http://www.archives.gov/federal-register/codificati on/executive-order/12086.html
4.10 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5), 24 CFR 92.251
Section 504: http://www.epa.gov/civilrights/sec504.htm
29 USC 776: http://law.onecle.com/uscode/29/776.html
4.11 The Americans with Disabilities Act of 1990
https://www.hud.gov/program offices/fair housing equal opp
Americans with Disabilities Act of 1990, As Amended I ADA.gov
4.12 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as amended.
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970—Eminent
Domain(uslegal.com)
4.13 SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting
opportunities laws,regulations, and executive orders referenced in 24 CFR 5 Subpart A,as
revised by Executive Order 13279.
http://fedgovcontracts.com/pe02-192.htm
4.14 Public Law 100-430-the Fair Housing Amendments Act of 1988.
STATUTE-102-Pg 1619.pdf(govinfo.gov)
4.15 2 CFR 200 et seq—Uniform Administrative Requirements,Cost Principles, and Audit
requirements for Grants and Agreements.
https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title02/2cfr200main 02.tp1
4.16 2 CFR 216 — Prohibition on certain telecommunications and video surveillance services or
equipment.Recipients and Subrecipients are prohibited from obligating or expending loan or grant
funds to: 1)procure or obtain funds; 2)extend or renew a contract to procure or obtain; or 3)enter
into an contract(or extend or renew a contract)to procure or obtain equipment,services,or systems
that use(s) covered telecommunications equipment or services as a substantial or essential
component of any system,or as critical technology as part of any system.
4.17 Immigration Reform and Control Act of 1986
S.1200-99th Congress(1985-1986): Immigration Reform and Control Act of 1986 I Congress.gov
Library of Congress
4.18 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act,41 USC 7401,et seq. http://www.law.cornell.edu/uscode/text/42/7401
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b. Federal Water Pollution Control Act, 33 USC 1251,et seq., as amended.
http://www.law.cornell.edu/uscode/text/33/chapter-26
4.19 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002
and 24 CFR 570.60),the SUBRECIPIENT shall assure that for activities located in an area
identified by FEMA as having special flood hazards,flood insurance under the National Flood
Insurance Program is obtained and maintained. If appropriate, a letter of map amendment
(LOMA)may be obtained from FEMA, which would satisfy this requirement and/or reduce the
cost of said flood insurance.
http://www.ecfr.gov/cgi-bin/text-
idx?c=ecfr&S ID=eba40bdb52822d80827a48 bced5 b0b56&rgn=div8&view=text&node=24:3.1.1.
3.4.11.1.6&idno=24
4.20 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800,Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this agreement.
National Historic Preservation Act of 1966 I NCSHPO
http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tp1=/ecfrbrowse/Title36/36cfr800 main 02.tpl
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a federal, state,or local historic property list.
National Historic Preservation Act of 1966 I NCSHPO
4.21 The SUBRECIPIENT certifies that it will provide drug-free workplaces, in accordance with the
Drug-Free Workplace Act of 1988(41 USC 701).
http://us-code.vlex.com/vid/drug-free-workplace-requirements-contractors-19242870
4.22 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not
knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from participating in this covered transaction as outlined in 24
CFR 5 Subpart A and 24 CFR 92.350.
4.23 The SUBRECIPIENT agrees to comply with 2 CFR 200 et seq and agrees to adhere to the
accounting principles and procedures required therein, utilize adequate internal controls, and
maintain necessary source documentation for all costs incurred.These requirements are enumerated
in 2 CFR 200,et seq.
4.24 2 CFR 216 — Prohibition on certain telecommunications and video surveillance services or
equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or
grant funds to: 1)procure or obtain;2)extend or renew a contract to procure or obtain;3)enter into
a contract(or extend or renew a contract)to procure or obtain equipment, services,or systems that
use(s) covered telecommunications equipment or services as a substantial component of any
system,or as critical technology as part of any system.
4.25 Single Audits shall be conducted annually in accordance with 2 CFR 200.501 and shall be
submitted to the County nine(9)months after the end of the SUBRECIPIENT's fiscal year.The
SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F,
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Section 500. Subrecipients exempt from Single Audit requirements shall submit audited financial
statements to the COUNTY one hundred eighty(180)days after the end of the Subrecipients fiscal
year. Per 2 CFR 200.345,if this Agreement is closed out prior to the receipt of an audit report,the
COUNTY reserves the right to recover any disallowed costs identified in an audit after such
closeout.
eCFR :: 2 CFR Part 200 Subpart F--Audit Requirements
4.26 Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein and approved by the COUNTY in accordance with the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the
provisions of HOME including,but not limited to,the provisions on use and disposition of property.
Any real property within the SUBRECIPIENT control,which is acquired or improved in whole or
part with HOME funds in excess of$25,000, must adhere to the HOME Regulations at 24 CFR
92.353.
42 USC Ch. 61: UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY
ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY ASSISTED PROGRAMS
(house.gov)
http://www.law.cornell.edu/cfr/text/49/24.101
4.27 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress
in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract,the making of any Federal grant,the making
of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency,a Member of Congress, an officer or employee of Congress,or an employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions. The undersigned shall require that the language of
this certification be included in the award documents for all sub-awards at all tiers (including
subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
4.28 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem
rates in effect at the time of travel.
4.29 Equal access in accordance with the individual's gender identity in community planning and
development programs,per 24 CFR 5.106.
https://www.govregs.com/regulations/expand/title24JDart5 subpartA section5.106
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4.30 Housing Counseling,including homeownership counseling or rental housing counseling,as defined
in section 5.100,required under or provided in connection with any program administered by HUD
shall be provided only by organizations and counselors certified by the Secretary under 24 CFR
part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x,per 24 CFR 5.111.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=e339ece9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6
https://www.law.cornell.edu/cfr/text/24/5.111
4.31 HUD Final Rule—Implementation of the Violence Against Women Reauthorization Act of 2013
which applies for all victims of domestic violence, dating violence, sexual assault, and stalking,
regardless of sex, gender identity, or sexual orientation, and which must be applied consistently
with all nondiscrimination and fair housing requirements.
https://www.federalregister.gov/documents/201 6/1 1/1 6/20 1 6-25888/violence-against-women-
reauth on zati on-act-of-2013-implementation-in-hud-housing-programs
4.32 Any rule or regulation determined to be applicable by HUD.
4.33 Limited English Proficiency: SUBRECIPIENT agrees to take reasonable steps to provide
meaningful access to the program/project and activities funded under this Agreement for persons
with limited English proficiency pursuant to information located at: http://www.lep.gov.
4.34 Equal Treatment of Faith-Based Organizations: By regulation, HUD prohibits all recipient
organizations from using financial assistance from HUD to fund explicitly religious activities. The
SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see
https://ojp.gov/about/ocr/partnerships.htm. Discrimination on the basis of religion in employment
is generally prohibited by federal law,but the Religious Freedom Restoration Act is interpreted on
a case-by-case basis to allow some faith-based organizations to receive HUD funds while taking
into account religion when hiring staff. Questions in this regard should be directed to the Office
for Civil Rights.
4.35 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records
in the employment context, except when specifically authorized. The SUBRECIPIENT agrees to
avoid the misuse of arrest or conviction records to screen applicants for employment or employees
for retention or promotion that may have a disparate impact based on race or national origin,
resulting in unlawful employment discrimination unless use is otherwise specifically authorized by
law. See https://ojp.gov/about/ocr/pdfs/UseofConviction Advisory.pdf for more details.
4.36 Byrd Anti-Lobbying Amendment(31 U.S.C.section 1352):The SUBRECIPIENT will not use and
has not used federal appropriated funds to pay at any tier,either directly or indirectly, any person
or organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress,an officer or employee of Congress,or an employee of a member of Congress
in connection with obtaining any federal contract, grant, or any other award or subaward covered
by 31 U.S.C. section 1352. Each tier shall also disclose any lobbying with nonfederal funds that
takes place in connection with obtaining any federal award or subaward. Such disclosures are
forwarded from tier to tier up to the recipient.The SUBRECIPIENT shall comply with the lobbying
restrictions of the Byrd Anti-Lobbying Amendment(31 U.S.C. section 1352) and(ii) ensure that
its officers,employees,and its subcontractors hereunder comply with all applicable local,state,and
federal laws and regulations governing advocacy of and appearances before any legislative
body. None of the funds provided under this Agreement shall be used for publicity or propaganda
purposes designed to support or defeat any legislation pending before local, state, or federal
legislatures.
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4.37 False Claim,Criminal,or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any
credible evidence that a principal,employee,agent,contractor,subgrantee,subcontractor,or other
person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii)
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery,
gratuity,or similar misconduct involving subaward agreement funds.
4.38 Political Activities Prohibited: None of the funds provided directly or indirectly under this
Agreement shall be used for any political activities or to further the election or defeat of any
candidates for public office. Neither this Agreement nor any funds provided hereunder shall be
utilized in support of any partisan political activities or activities for or against the election of a
candidate for an elected office.
4.39 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD encourages
recipients and subrecipients to adopt and enforce policies banning employees from text messaging
while driving any vehicle during the course of performing work funded by HUD and to establish
workplace safety policies and conduct education,awareness,and other outreach to decrease crashes
caused by distracted drivers.
4.40 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable
requirements(including requirements to report allegations)pertaining to prohibited conduct related
to the trafficking of persons,whether on the part of the SUBRECIPIENT and any employees of the
SUBRECIPIENT. The details of the SUBRECIPIENT's obligation related to prohibited conduct
related to the trafficking of persons are posted at
h ttps://oi p.gov/funding/Explore/Prohi b i tedC onduct-Traffi cki ng.htm.
4.41 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT
understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in
support of any contract or subaward to either ACORN or its subsidiaries,without the express prior
written approval of HUD.
4.42 Prohibition of Gifts to County Employees-No organization or individual shall offer or give,either
directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any County
employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance
No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes -
http://www.lawserver.com/law/state/florida/statutes/florida statutes chapter_112_part iii
Collier County-CMA 5311 Code of Ethics and Anti Fraud.pdf(colliergov.net)
4.43 Order of Precedence-In the event of any conflict between or among the terms of any of the Contract
Documents,the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at Owner's discretion.
4.44 Venue-Any suit of action brought by either party to this Agreement against the other party relating
to or arising out of this Agreement must be brought in the appropriate federal or state courts in
Collier County,FL which courts have sole jurisdiction on all such matters. (No reference required
for this item).
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4.45 Dispute Resolution-Prior to the initiation of any action or proceeding permitted by this Agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY's staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under section 44.102,
Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida,if in
state court and the US District Court, 20`h Judicial Court of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO,OR ARISING OUT OF, THIS AGREEMENT.
http://www.flsenate.gov/Laws/Statutes/2010/44.102
4.46 Florida Statutes section 448.095 Employment Eligibility. Per Florida Statutes section 448.095(3),
all Florida private employers are required to verify employment eligibility for all new hires
beginning January 1,2021.Eligibility determination is not required for continuing employees
hired prior to January 1,2021.
http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&URL=0400-
0499/0448/0448.html
4.47 Florida Statutes section 713.20,Part 1, Construction Liens
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700-
0799/0713/0713.html
4.48 Florida Statutes section 119.021 Records Retention
http://www.lawserver.com/law/state/florida/statutes/florida statutes 119-021
4.49 Florida Statutes, section 119.071,Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display_Statute&URL=0100-
0199/0119/Sections/0119.07.html
4.50 ENTIRE AGREEMENT This Agreement constitutes the entire agreement between COUNTY
and SUBRECIPIENT for the use of Funds received under this Agreement and it supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral, or written
between COUNTY and SUBRECIPIENT with respect to this Agreement.
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PART V
HOME Requirements
5.1 Project Requirements for SUBRECIPIENTS-24 CFR 92.209
The SUBRECIPIENT is required to conform to the following requirements and regulations as
stated below:
24 CFR 92.209 Tenant-based rental assistance: Eligible costs and requirements.
(a) Eligible costs. Eligible costs are the rental assistance and security deposit payments made
to provide tenant-based rental assistance for a family pursuant to this section. Eligible
costs also include utility deposit assistance, but only if this assistance is provided with
tenant-based rental assistance or security deposit payment.Administration of tenant-based
rental assistance is eligible only under general management oversight and coordination at
§92.207(a), except that the costs of inspecting the housing and determining the income
eligibility of the family are eligible as costs of the tenant-based rental assistance.
(b) Tenant selection. The SUBRECIPIENT must select low-income families in accordance
with written tenant selection policies and criteria that are based on local housing needs
and priorities established in the COUNTY's consolidated plan.
(1) Low-income families. Tenant-based rental assistance may only be provided to very
low- and low-income families. The SUBRECIPIENT must determine that the
family is very low- or low-income before the assistance is provided. During the
period of assistance,the SUBRECIPIENT must annually determine that the family
continues to be low-income. The SUBRECIPIENT shall retain all documentation
on client eligibility by which CHS can validate eligibility during their interim and
closeout monitoring.
(2) Targeted assistance.
(i) The SUBRECIPIENT may establish a preference for individuals with
special needs (e.g., homeless persons or elderly persons) or persons with
disabilities. The SUBRECIPIENT may offer, in conjunction with a tenant-
based rental assistance program,particular types of nonmandatory services
that may be most appropriate for persons with a special need or a particular
disability.Generally,tenant-based rental assistance and the related services
should be made available to all persons with special needs or disabilities
who can benefit from such services.Participation may be limited to persons
with a specific disability, if necessary,to provide as effective housing,aid,
benefit,or services as those provided to others in accordance with 24 CFR
8.4(b)(I)(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.
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(iii) Self-sufficiency program. The SUBRECIPIENT may require the family to
participate in a self-sufficiency program, as a condition of selection for
assistance. The family's failure to continue participation in the self-
sufficiency program is not a basis for terminating the assistance; however,
renewal of the assistance may be conditioned on participation in the
program. Tenants living in a HOME-assisted rental project who receive
tenant-based rental assistance as relocation assistance must not be required
to participate in a self-sufficiency program as a condition of receiving
assistance.
(iv)Preferences cannot be administered in a manner that limits the opportunities
of persons on any basis prohibited by the laws listed under 24 CFR
5.105(a). For example,a SUBRECIPIENT may not determine that persons
given a preference under the program are therefore prohibited from
applying for or participating in other programs or forms of assistance.
Persons who are eligible for a preference must have the opportunity to
participate in all programs of the COUNTY, including programs that are
not separate or different.
(3) Eristing tenants in the HOME-assisted projects. A SUBRECIPIENT may select
low-income families currently residing in housing units that are designated for
rehabilitation or acquisition under the COUNTY's HOME program.
SUBRECIPIENT using HOME funds for tenant-based rental assistance programs
may establish local preferences for the provision of this assistance. Families so
selected may use the tenant-based assistance in the rehabilitated or acquired housing
unit or in other qualified housing.
(c) Term of rental assistance contract. The term of the rental assistance contract providing
assistance with HOME funds may not exceed 24 months, but may be renewed,subject to
the availability of HOME funds. The term of the rental assistance contract must begin on
the first day of the term of the lease. For a rental assistance contract between a
SUBRECIPIENT and an owner,the term of the contract must terminate on termination of
the lease. For a rental assistance contract between a SUBRECIPIENT and a family, the
term of the contract need not end on termination of the lease, but no payments may be
made after termination of the lease until a family enters into a new lease.
(d) Rent reasonableness. The SUBRECIPIENT must disapprove a lease if the rent is not
reasonable, based on rents that are charged for comparable unassisted rental units.
(e) Tenant protections. The tenant lease must comply with the requirements in §92.253 (a)
and(b).
(f) Maximum subsidy.
(1) The amount of the monthly assistance that SUBRECIPIENT may pay on behalf of
a family may not exceed the difference between a rent standard for the unit size
established by the COUNTY and 30 percent of the family's monthly adjusted
income.
(2) The SUBRECIPIENT must establish a minimum tenant contribution to rent.
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(3) The SUBRECIPIENT's rent standard for a unit size must be based on:Local market
conditions or the Section 8 Housing Choice Voucher Program (24 CFR part 982).
(g) Housing quality standards. Housing occupied by a family receiving tenant-based
assistance under this section must meet the requirements set forth in 24 CFR 982.401.The
SUBRECIPIENT must have housing units inspected, by a certified HQS inspector,
initially and re-inspected annually. The SUBRECIPIENT may not perform HQS
inspections on housing units it owns or operates.
(h) Security deposits.
(1) SUBRECIPIENT may use HOME funds provided for tenant-based rental assistance
to provide grants to very low- and low-income families for security deposits for
rental of dwelling units when combined with rent under this section.
(2) The relevant State or local definition of"security deposit"in the jurisdiction where
the unit is located is applicable for the purposes of this part, except that the amount
of HOME funds that may be provided for a security deposit may not exceed the
equivalent of two month's rent for the unit.
(3) Only the prospective tenant may apply for HOME security deposit assistance,
although the SUBRECIPIENT will pay the funds directly to the landlord.
(i) Program operation.A tenant-based rental assistance program must be operated consistent
with the requirements of this section.Additionally,the COUNTY must approve each lease
prior to its execution.
(j) Use of Section 8 assistance. In any case where assistance under Section 8 of the 1937 Act
becomes available,recipients of tenant-based rental assistance under this part will qualify
for tenant selection preferences to the same extent as when they received the HOME
tenant-based rental assistance under this part.
5.2 Project Requirements for SUBRECIPIENTS-24 CFR 92.253
The SUBRECIPIENT is required to conform to the following requirements and regulations as
stated below:
24 CFR 92.253 Tenant protections and selection.
(a) Lease. There must be a written lease between the tenant and the owner of rental housing
assisted with HOME funds that is for a period of not less than one year, unless by mutual
agreement between the tenant and the owner a shorter period is specified. The lease must
incorporate the VAWA lease term/addendum required under § 92.359(e), except as
otherwise provided by §92.359(b)
(b) Prohibited lease terms. The lease may not contain any of the following provisions:
].Agreement to be sued. Agreement by the tenant to be sued, to admit guilt, or to a
judgment in favor of the owner in a lawsuit brought in connection with the lease.
2.Treatment of property. Agreement by the tenant that the owner may take, hold, or sell
personal property of household members without notice to the tenant and a court decision
on the rights of the parties.This prohibition,however,does not apply to an agreement by
Collier County Housing Authority
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the tenant concerning disposition of personal property remaining in the housing unit after
the tenant has moved out of the unit. The owner may dispose of this personal property in
accordance with State law.
3.Excusing owner from responsibility. Agreement by the tenant not to hold the owner or
the owner's agents legally responsible for any action or failure to act,whether intentional
or negligent.
4.Waiver of notice.Agreement of the tenant that the owner may institute a lawsuit without
notice to the tenant.
5.Waiver of legal proceedings.Agreement by the tenant that the owner may evict the tenant
or household members without instituting a civil court proceeding in which the tenant
has the opportunity to present a defense, or before a court decision on the rights of the
parties.
6.Waiver of a jury trial.Agreement by the tenant to waive any right to a trial by jury.
7.Waiver of right to appeal court decision. Agreement by the tenant to waive the tenant's
right to appeal,or to otherwise challenge in court,a court decision in connection with the
lease.
8.Tenant chargeable with cost of legal actions regardless of outcome. Agreement by the
tenant to pay attorney's fees or other legal costs even if the tenant wins in a court
proceeding by the owner against the tenant. The tenant, however, may be obligated to
pay costs if the tenant loses.
9.Mandatory supportive services.Agreement by the tenant(other than a tenant in
transitional housing)to accept supportive services that are offered.
(c) Termination of tenancy. An owner may not terminate the tenancy or refuse to renew the
lease of a tenant of rental housing assisted with HOME funds,except for serious or repeated
violation of the terms and conditions of the lease; for violation of applicable Federal, State,
or local law;for completion of the tenancy period for transitional housing or failure to follow
any required transitional housing supportive services plan; or for other good cause. Good
cause does not include an increase in the tenant's income or refusal of the tenant to purchase
the housing. To terminate or refuse to renew tenancy,the owner must serve written notice
upon the tenant specifying the grounds for the action at least 30 days before the termination
of tenancy.
(d) Tenant selection.An owner of rental housing assisted with HOME funds must comply with
the affirmative marketing requirements established by the participating jurisdiction pursuant
to § 92.351(a). The owner must adopt and follow written tenant selection policies and
criteria that:
1.Limit the housing to very low-income and low-income families;as evidenced by income
verification documentation prior to occupancy and annually thereafter to be retained in
the SUBRECIPIENT client file and validated by CHS at the interim and closeout
monitoring.
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2. Are reasonably related to the applicants' ability to perform the obligations of the lease
(i.e.,to pay the rent,not to damage the housing;not to interfere with the rights and quiet
enjoyment of other tenants).
3.Limit eligibility or give a preference to a particular segment of the population. if
permitted in its written agreement with the COUNTY (and only if the limitation or
preference is described in the COUNTY's consolidated plan).
(i) Any limitation or preference must not violate nondiscrimination requirements
in § 92.350. A limitation or preference does not violate nondiscrimination
requirements if the housing also receives funding from a Federal program that
limits eligibility to a particular segment of the population (e.g., the Housing
Opportunity for Persons with AIDS program under 24 CFR part 574, the Shelter
Plus Care program under 24 CFR part 582,the Supportive Housing program under
24 CFR part 583, supportive housing for the elderly or persons with disabilities
under 24 CFR part 891),and the limit or preference is tailored to serve that segment
of the population.
(ii) If a project does not receive funding from a Federal program that limits
eligibility to a particular segment of the population, the project may have a
limitation or preference for persons with disabilities who need services offered at
a project only if:
(A) The limitation or preference is limited to the population of families
(including individuals) with disabilities that significantly interfere
with their ability to obtain and maintain housing.
(B) Such families will not be able to obtain or maintain themselves in
housing without appropriate supportive services.
(C) Such services cannot be provided in a nonsegregated setting. The
families must not be required to accept the services offered at the
project. In advertising the project,the owner may advertise the project
as offering services for a particular type of disability; however, the
project must be open to all otherwise eligible persons with disabilities
who may benefit from the services provided in the project.
4. Do not exclude an applicant with a certificate or voucher under the Section 8 Tenant-
Based Assistance:Housing Choice Voucher Program(24 CFR part 982)or an applicant
participating in a HOME tenant-based rental assistance program because of the status
of the prospective tenant as a holder of such certificate,voucher,or comparable HOME
tenant-based assistance document.
5.Provide for the selection of tenants from a written waiting list in the chronological order
of their application, insofar as is practicable.
6. Give prompt written notification to any rejected applicant of the grounds for any
rejection.
7. Comply with the VAWA requirements prescribed in § 92.359.
Signature page to follow
Collier County Housing Authority
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IN WITNESS WHEREOF,the SUBRECIPIENT and the COUNTY,have each,respectively, by
an authorized person or agent, hereunder set their hands and seals on the date first written above.
ATTEST: AS TO THE COUNTY:
CRYSTAL K. KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS
rhaViti OC ' OF COLLIER COUNTY, FLORIDA
6,5 , r 'piiiiiiieputy Clerk /�.,
signature OR RICK LOCASTRO, CHAIRMAN
_1 a 3-..
Dated: �- �
7 / /II23
(S ) "" Date:
WI ESSt p.-tc?. AS TO THE SUBRECIPIENT:
( L'(j C e"C - COLLIER COUNTY HOUSING
VIItness,,#1 Sig/'nature AUTHORITY
C1`i &4ie4 'S h
Witless#1 Printed Name By: till eirAil ri— ..�
OSCAR HE ITP-14162
DIRECTOR
• itne #2 Signature ����1 Z p�,3
*'`�'I dtk K_il t z Date:
Witne5 A#2 Printed Name [Please provide Evidence of Signing Authority]
App • ed as to form and legality:
d
Derek D. Perry �`L�
Assistant County Attorney ` \✓ \\L
Date: 71f7I23
Collier County Mousing Authority
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PART VI
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services
Division, 3339 Tamiami Trail East, Suite 213, Naples, Florida 34112, Certificate(s) of Insurance
evidencing insurance coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440,Florida Statutes.
2. Commercial General Liability including products and completed operations
insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate.
Collier County must be shown as an additional insured with respect to this
coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles
used in connection with this contract in an amount not less than $1,000,000
combined single limit for combined Bodily Injury and Property Damage. Collier
County shall be named as an additional insured.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1 —3 above, a Certificate of Insurance must be provided as
follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed
design professional employed by the SUBRECIPIENT in an amount not less than
$1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the
SUBRECIPIENT and/or the design professional shall become legally obligated to
pay as damages for claims arising out of the services performed by the
SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection
with this contract. This insurance shall be maintained for a period of two (2)years
after the certificate of Occupancy is issued. Collier County shall be named as an
additional insured.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in 1 —4 above, the SUBRECIPIENT shall provide or cause
its Subcontractors to provide original certificates indicating the following types of insurance
coverage prior to any construction:
5. Completed Value Builder's Risk Insurance on an"All Risk"basis in an amount not
less than 100 percent of the insurable value of the building(s) or structure(s). The
policy shall be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973
(42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an
Collier County Housing Authority
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area identified by the Federal Emergency Management Agency(FEMA)as having
special flood hazards,flood insurance under the National Flood Insurance Program
is obtained and maintained as a condition of financial assistance for acquisition or
construction purposes (including rehabilitation).
OPERATION/MANAGEMENT PHASE(IF APPLICABLE)
After the Construction Phase is completed and occupancy begins,the following insurance must be
kept in force throughout the duration of the loan and/or contract:
7. Workers' Compensation as required by Chapter 440,Florida Statutes.
8. Commercial General Liability including products and completed operations
insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate.
Collier County must be shown as an additional insured with respect to this
coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles
used in connection with this contract in an amount not less than $1,000,000
combined single limit for combined Bodily Injury and Property Damage. Collier
County as an additional insured.
10. Property Insurance coverage on an "All Risk" basis in an amount not less than
100 percent of the replacement cost of the property. Collier County must be shown
as a Loss payee with respect to this coverage A.T.I.M.A.
I I. Flood Insurance coverage for those properties found to be within a flood hazard
zone for the full replacement values of the structure(s) or the maximum amount of
coverage available through the National Flood Insurance Program (NFIP). The
policy must show Collier County as a Loss Payee A.T.I.M.A.
Collier County Housing Authority
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EXHIBIT B
COLLIER COUNTY COMMUNITY& HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SUBRECIPIENT Name: Collier County Housing Authority
SUBRECIPIENT Address: 1800 Farm Worker Way, Immokalee, FL
Project Name: TBRA
Project No: HM23-0 1 Payment Request#
Total Payment Minus Retainage
Period of Availability: through
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
Subrecipient CHS Approved
1. Grant Amount Awarded $ $
2. Total Amount of Previous Requests $ $
3.Amount of Today's Request(Total expenditures this $ $
period minus retainage,if applicable)
4.Current Grant Balance(Grant Amount minus previous $ $
requests minus today's request)
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT.To the best of my knowledge and belief,
all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor(Approval required$14,999 and below) Division Director(Approval Required$15,000
and above)
•
Collier County Housing Authority
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Exhibit B-1
Match Form
Collier County Request for Match
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Collier County Housing Authority
Subrecipient Address: 1800 Farm Worker Way, Immokalee, FL
Project Name: TBRA
Project No: HM23-01 Match Request#
Match Amount Request Today: $0.00
SECTION I: STATUS OF FUNDS
I. 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. Amount of Today's Request(Insert Amount) $0.00
5. Match Balance (Match per Agreement less the $0.00
Sum of All Match Submitted)
I certify that this request for payment/match has been made in accordance with the terms and conditions
of the Agreement between the COUNTY and us as the SUBRECIPIENT/DEVELOPER. To the best of my
knowledge and belief all grant requirements have been followed
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor Department Director
Collier County Housing Authority
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EXHIBIT C
QUARTERLY PERFORMANCE REPORT
SUBRECIPIENT shall submit quarterly reports to CHS based on the following schedule. Reports shall be
submitted according to this schedule as long as this Agreement is in force.
Subrecipient Name: Collier County Housing Authority
Report Period:
Fiscal Year:
Contract Number: HM23-0I
Program: TBRA
Contact Name: Angela Edison
Contact Number:
Activity Reporting Period Report Due Date
October 1"—December 31 st January 10th
January 1't—March 31't April 10th
April 1st—June 30' July 10th
July lst—September 30" October 10th
REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period):
12/31/XX 3/31/XX 6/30/XX 9/30/XX Final: XX/XX/XX
Please note: The HUD Program year begins October 1, 2023/2024—September 30,2024/2025. Each quarterly
report must include cumulative data beginning from the start of the program year October 1, 2023.
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 20 households with rent payments,electric utility, and/or security deposits
for 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 evidenced by
quarterly performance reports,emails,new landlord agreements
b. Goal Progress: Indicate the progress to date in meeting each outcome goal.
Outcome 1:
Outcome 2:
Outcome 3:
IMonthly Rent Household Tenant Contract
Last #of Securit Tenant TBRA Total % Hispa Race Fami Type Paid to Newly #
Name, Bed- y Dep Rent Subsid Rent of nic ly of Owner/ Assist Month
First rooms y Med Y/N Size Hous Tenant ed s of
Initial ian e- Y/N assista
$ -
$ -
$ -
$ -
$ -
Collier County Housing Authority
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$
$
$ -
$ -
$ -
$ -
$ -
$ -
I hereby certify the above information is true and accurate.
Name:
Signature:
Title:
Date:
Your typed name here represents your electronic signature
Collier County Housing Authority
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EXHIBIT C-1
HOME INVESTMENT PARTNERSHIP PROGRAM(HOME)
LEVERAGE FUNDS REPORT
Report begins on following page.
Collier County Housing Authority
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Exhibit C-1
Rental Completion Report U.S.Department of Housing OMB Approval NoB2 00171
and Urban Development ( p
HOME Program Office of Community Planning
And Development
Mark the appropriate box:
❑Original Submission O Revision
Part A:Activity Information
1.Activity Number 2.Name of Participant 3.Participant's Tax ID Number
4.CHDO Tax ID Number 5.Name&Phone Number(including Area Code)of person completing form
6.Type of Property(check one): 7.Does Activity Have Rent Exception? 8.Mixed Income Activity? 9.Mixed Use Activity?
(1)❑Condominium (2)❑Cooperative (1) Yes (1) Yes (1) Yes
(3)0 SRO (4)❑None of the Above (2)B No (2)e No (2) No
Part B:Financial Structure of Activity
Type of Activity Financed(check one):
(1)❑Rehabilitation Only (3)❑Acquisition Only (5)❑Acquisition&New Construction
(2)❑New Construction Only (4)❑Acquisition&Rehabilitation
Activity Costs
1.HOME Funds
Annual Interest Rate Amortization Period
(1)Direct Loan % Yrs. $
(2)Grant $
Annual Interest Rate Amortization Period
(3)Deferred Payment Loan(DPL) % Yrs. $
(4)Community Housing Development Organization(CHDO)Loan
a.TA Loan $
b.Seed Loan S
Total CHDO Loan(Total Items 4e and 4b) $
(5)Other S
Total HOME Funds(Total Items 1-5) $
2.Public Funds
(1)Other Federal Funds $
(2)State/Local Appropriated Funds $
(3)State/Local Tax Exempt Bond Proceeds $
Total Public Funds(Total Items 1-3) $
3.Private Funds
(1)Private Loan Funds Annual Interest Rate Amortization Period
Yrs. $
(2)Owner Cash Contribution $
(3)Net Syndication Proceeds(No low income tax credit) S
(4)Private Grants $
Total Private Funds(Total Items 1-4) $
4.Low Income Tax Credit Syndication Proceeds $
5.HOME Program Income $
6.Total Activity Costs(Total All Items) $
Page 1 of 5 form HUD-40097(022003)
Collier County Housing Authority
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Part C:Household Characteristics Complete one line for each unit assisted with HOME funds.Enter one code only in each block. If
the activity is a 1-4 unit owner occupied rental activity,also provide tenant characteristics. For activities which include multiple
addresses,complete a separate Household Characteristics(Part C)for each address.
Activity Address Activity Number
Unit No.of Occupancy Tenant Subsidy Total Rent %of Hap Race of Size of Head of Rental
No. Bedrooms Contribution Amount Area Head of Household Household Assistance
Median Household
No.of Bedrooms Code %of Area Median Code Race of Head of Household Code Head of Household Code
1—1 Bedroom 1— 0—30% 11—White 1—Single/non-Elderly
2—2 Bedrooms 2—30—50% 12—Black or African American 2-Elderly
3—3 Bedrooms 3—50—60% 13—Asian 3—Related/Single Parent
4—4 Bedrooms 4—60—80% 14—American Indian or Alaska Native 4—Related/Parent
5—5 or more Bedrooms 15—Native Hawaiian or Other Pacific Islander 5-Other
Hispanic 16—American Indian or Alaska Native&White
Occupancy Code y—yes 17—Asian&White Rental Assistance Code
1—Tenant n—no 18—Black or African American&White 1—Section 8
2—Owner 19—American Indian or Alaska Native& 2—HOME TBRA
9—Vacant Black or African American 3—Other
20—Other Multi Racial 4—No Assistance
Page 2 of 5 form HUD-40097(022003)
Collier County Housing Authority
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t603
Public reporting burden for this collection of information is estimated to average 15 minutes per response,including the time for reviewing instructions,searching existing data
sources,gathering and maintaining the data needed,and completing end reviewing the collection of information. This agency may not conduct or sponsor,and a person is
not required to respond to,a collection of information unless that collection displays a valid OMB control number.
The HOME statute imposes a significant number of data collection and reporting requirements. This includes information on assisted properties,on the owner or tenants of
the properties,end on other programmatic areas. The information will be used:t)to assist HOME participants in managing their programs;2)to track performance of
participants in meeting fund commitment end disbursement deadlines,3)to permit HUD to determine whether each partidpant meets the HOME statutory income targeting
and affordability requirements;and 4)to permit HUD to determine compliance with other statutory end regulatory program requirements. This date collection is authorized
under Title II of the Cranston-Gonzalez National ARordabie Housing Act or related authorities.Access to Federal grant funds is contingent on the reporting of certain activity-
specific elements. Records of information collected will be maintained by the recipients of the assistance. Information on activities end disbursements of grant funds is public
information and is generally available for disclosure. Recipients me responsible for ensuring confidentially when public disclosure is not required.
Sensitive Information:Some of the information collected on this form is considered sensitive and is protected by the Privacy Act. The Privacy Act requires that these
records be maintained with appropriate administrative,technical,and physical safeguards to ensure their security and confidentiality. In addition,these records should be
protected against any anticipated threats or hazards to their security or integrity which could result in substantial harm,embarrassment inconvenience,or unfairness to any
individual on whom the information if maintained. Recipients are responsible for ensuring confidentiality when public disclosure is not required.
Instructions for Completing the Rental Completion Report
HOME Program
Read the instructions for each item carefully before completing an adjustment is necessary to maintain the financial
the form. Use a typewriter or print carefully with a ballpoint pen. viability of the activity. Mark one box to indicate whether
Prepare an original and one copy. Retain the copy. or not the activity has a rent exception.
8. Mixed-Income Activity. Mark "yes" where less than
Applicability. This report is to be completed for each rental 100 percent of the activity's housing units qualify as
activity assisted with HOME funds. It is to be used only for an affordable housing as defined in section 92.252 of the
activity having no owner occupants or for an activity with an HOME regulations. Mark"no"if the activity is not mixed-
owner occupant and 4 or more rental units. Note:Completion of used.
an activity with one owner occupant and zero to three rental units 9. Mixed-Use Activity. Mark"yes"for an activity that is
should be reported on the Homebuyer/Homeowner Rehab designated in part for uses other than residential but
Completion Report. Completion of an activity with two or more where residential living space must constitute at least 51
homeowners should be reported on the Multi-Address Completion percent of the activity space. Mark"no"if the activity is
Report. not mixed-use.
Timing. The Rental Completion Report data are to be input in
IDIS within 120 days of requesting the final disbursement of Part B: Financial Structure of Activity
HOME funds for the activity. If the completion report data are not
input within 120 days of the final disbursement for the activity,the 1. Type of Activity Financed. Mark only one of the 5
PJ's(or State Recipients)access to the HOME IDIS System may available boxes for naming the HOME-assisted activity.
be suspended. An amended completion report should be Note: Even though the property may have HOME
submitted when all units initially reported vacant are occupied, Tenant-Based Rental Assistance, do not include the
and the change should be highlighted in yellow. TBRA in Part B.
(1) Rehabilitation Only. A HOME-assisted
Part A: Activity Information rehabilitation activity that did not include
acquisition of real property. Such activities may
1. Activity Number. Enter the activity number assigned by have involved (a) repairs or improvement of
IDIS. residential unit(s)to bring the unit(s) up to the
2. Name of Participant. Enter the name of the participant property standards required by 24 CFR 92.252;
or, for State recipient activities, the name of the State (b)the reconfiguration of a structure to reduce
recipient the total units in order to increase the number
3. Participant's Tax ID Number. Enter the Tax of large family units, (c)the addition of a room
(Employer)Identification Number for the participant;for a or rooms(e.g., bedroom or bathroom) outside
State recipient project,enter the State recipients Tax ID the existing walls for purposes of meeting
Number. occupancy or code standards and (d) the
4. CHDO Tax ID Number. Complete only for activities adding of a unit or units within the existing
assisted with funds reserved for Community Housing structure.
Development Organizations (CHDOs). Enter the Tax (2) New Construction Only. Any activity that
(Employer)Identification Number for the CHDO. involved (a) the addition of units outside the
5. Name&Phone Number of Person Completing Form. existing walls of the structure and (b) the
Enter the name and phone number,including area code, construction of a new residential unit(s). Note:
of the person to contact for further information regarding When activities have combined new
this report form construction in one building(s)on one parcel of
6. Type of Property. Check one box to indicate the type land, the projects, by type of activity (i.e.
of property assisted: rehabilitation or new construction), must be
(1) Condominium administratively set up as separate activities in
(2) Cooperative IDIS.
(3) Single Room Occupancy (3) Acquisition Only. Acquisition of a structure
(4) None of the Above that received a certificate of occupancy at least
7. Rent Exception. HUD may adjust the qualifying rent 13 months before acquisition, which did not
established for an activity under§92.252(g)if HUD finds
Page 3 of 5 form HUD-40097(02/2003)
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require rehabilitation and which is being used to Total CHDO Loan. Enter the total of the
provide affordable rental housing, amounts entered on cited on 4a and 4b.
(4) Acquisition and Rehabilitation. A HOME- (5) Other. Enter the total amount of HOME funds
assisted rehabilitation activity, which included provided for subsidy funding that is other than
the acquisition of real property. the type of loan/grant assistance identified in
(5) Acquisition and New Construction. A the above items listed as(1)through(4).
HOME-assisted new construction activity, Total HOME Funds. Enter the total of items (1)
which included the acquisition of real property. through (5) as the amount of HOME funds
This includes acquisition of a structure that has expended.
received an initial certificate of occupancy 2. Public Funds. Enter in blocks(1)through(3),the total
within a one-year period prior to acquisition. amount of public funds expended.
(1) Other Federal Funds. Exclude any HOME
Activity Costs. Include all HOME funds used for the activity and funds expended.
all other funds(public and private)with one exception. Do not (2) State/Local Appropriated Funds.
double count. If private funds are used for construction (3) State/Local Tax Exempt Bond Proceeds.
financing and those funds are later replaced by permanent Total Public Funds. Enter the total of items (1)
financing,do not report both. Report all HOME funds expended through (3) as the amount of Public Funds
on the activity. (Note:Federal regulations specifically prohibit expended.
paying back HOME funds with HOME funds.) For funds other 3. Private Funds.
than HOME,to the extent a choice must be made to avoid double (1) Private Loan Funds. Enter the amount of all
counting, report permanent financing rather than construction of the costs that have been paid with funds
financing. The total amount reported on line 6 of Part B should be obtained from private financial institutions,such
the total cost of the activity. The total amount of HOME funds as banks,savings and loans,and credit unions,
reported in the block titled"Total HOME funds (Total Items (1)- and enter the interest rate and amortization
(5)"of Part B must equal the total amount disbursed through IDIS period of the loan. If there are multiple loans,
for this activity. enter the interest rate and term of the largest
loan. (Do not double count.)
1. HOME Funds. Include HOME program income on line (2) Owner Cash Contributions. Enter the amount
5, below, title "HOME Program Income" only. Do not of all cash contributions provided by the project
include HOME program income in any of the following 5 owner.
HOME categories. (3) Net Syndication Proceeds. Enter the net
(1) Direct Loan. Enter the amount of HOME funds amount of syndication proceeds,excluding low-
provided for this activity in the form of a direct income tax credits, provided in financing this
loan. Enter the loan's interest rate and activity.
amortization period. If there are multiple loans, (4) Private Grants. Enter the amount of cash
enter the interest rate and term of the largest contributions provided by private organizations,
loan. foundations,donors,etc.
(2) Grant. Enter the amount of HOME funds Total Private Funds. Enter the total of items(1)
provided without any repayment requirements. through (4) as the amount of Private Funds
(Note: A grant may be used to reduce the expended.
principal amount borrowed, a principal 4. Low Income Tax Credit Syndication Proceeds. Enter
reduction payment,or the effective interest rate, the total amount of syndicated Low Income Tax Credits
an interest subsidy payment, on a privately provided.
originated loan.) 5. HOME Program Income. Enter the total amount of
(3) Deferred Payment Loan (DPL). Enter the funds provided from HOME repayment income.
amount of HOME funds provided through loans 6. Total Activity Cost. Enter the sum of totals for HOME
where payment of principal and interest is funds, Public funds and Private funds, Low Income Tax
deferred until a future time and enter the Credit Syndication Proceeds, and HOME Program
interest rate and amortization period, if any. A Income. (Totals from above lines 1 through 5.)
DPL is some times called a conditional grant
(e.g., repayment is required when the property
is sold,or is forgiven if the owner does not sell Part C. Household Characteristics.
the property for a specified number of years or
repayment of principal and interest starts after Complete one line for each unit assisted with HOME funds and
the bank loan is repaid.) enter one code only in each block. For activities which include
(4) Community Housing Development multiple addresses, complete Part C for each address. For an
Organization(CHDO)Loan. unoccupied unit, enter unit number, number of bedrooms and
a. Technical Assistance (TA) Loan. occupancy code as 9 vacant.
Enter the amount of HOME funds
provided as a CHDO TA loan for the Unit Number. Enter the unit number of each unit assisted with
activity. Reference 24 CFR HOME funds.
92.301(a).
b. Seed Money Loan. Enter the Number of Bedrooms. Enter"0"for a single room occupancy
amount of HOME funds provided as (SRO) unit or for an efficiency unit, 1 for 1 bedroom, 2 for 2
a CHDO seed loan. Reference 24 bedrooms, 3 for 3 bedrooms, 4 for 4 bedrooms, and 5 for 5 or
CFR 92.301(b). more bedrooms.
Page 4 of 5 form HUD-40097(02/2003)
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Occupancy Code. Enter 1 if the unit is occupied by a tenant,2 if India, Japan, Korea, Malaysia, Pakistan,the Philippine
it is occupied by a homeowner,and 9 if it is vacant Islands,Thailand and Vietnam.
14. American Indian or Alaska Native. A person having
Monthly Rent(Including Utilities). origins in any of the original peoples of North and South
Tenant Contribution. Enter the actual rent to the nearest dollar, America(including Central America),and who maintains
including utilities, paid by the tenant at the time of activity affiliation or community attachment.
completion. If the rent includes utilities, or if the rent includes 15. Native Hawaiian or Other Pacific Islander. A person
partial utilities, e.g., heat, but not electricity, these utility costs having origins in any of the original people of Hawaii,
must be added to the rent. Compute utility costs for the area(and Guam,Samoa or other Pacific Islands.
in the case of partial utilities,compute costs for utilities excluded 16. American Indian or Alaska Native&White. A person
from the rent),by using the utility allowance schedule by the local having these multiple race heritages as defined above.
Public Housing Authority (PHA) in accordance with form HUD- 17. Asian &White. A person having these multiple race
52667, Allowance for Tenant Furnished Utilities and Other heritages as defined above.
Services. 18. Black or African American&White. A person having
these multiple race heritages as defined above.
Subsidy Amount. Enter the amount that the tenant receives as 19. American Indian or Alaska Native&Black or African
a rent subsidy payment (including any utility allowances paid American. A person having these multiple race
directly to the tenant)to the nearest dollar. If the tenant does not heritages as defined above.
receive a tenant subsidy payment,enter zero. 20. Other Multi Racial. For reporting individual responses
that are not included in any of the other categories listed
Total Rent. Enter the total monthly rent(tenant contribution plus above.
subsidy amount).
Size of Household. Enter the appropriate number of persons in
Income Data. the household: 1, 2, 3, 4, 5, 6, 7, or 8 or more persons (for
Percent of Area Median. For each occupied residential unit, households or more than 8,enter 8).
enter one code only based on the following definitions:
1. 0-30 Percent of Area Median means a household whose Type of Household. For each residential unit, enter one code
adjusted income is at or below 30 percent of the median only based on the following definitions:
family income for the area, as determined by HUD with 1. Single/Non-Elderly. One-person household in which
adjustments for smaller and larger families. the person is not elderly.
2. 30-50 Percent of Area Median means a household 2. Elderly. One or two person household with a person at
whose adjusted income exceeds 30 percent and does least 62 years of age.
not exceed 50 percent of the median family income for 3. Related/Single Parent. A single parent household with
the area, as determined by HUD with adjustments for a dependent child or children(18 years old or younger).
smaller and larger families. 4. Related/Two Parent. A two-parent household with a
3. 50-60 Percent of Area Median means a household dependent child or children(18 years old or younger).
whose adjusted income exceeds 50 percent and does 5. Other. Any household not included in the above 4
not exceed 60 percent of the median family income for definitions,including two or more unrelated individuals.
the area, as determined by HUD with adjustments for
smaller and larger families. Rental Assistance: Enter one code only to indicate the type of
4. 60-80 Percent of Area Median means a household assistance,if any,being provided to the tenant.
whose adjusted income exceeds 60 percent and does 1. Section 8. Tenants receiving Section 8 assistance
not exceed 80 percent of the median family income for through the Section 8 Certificate Program under 24 CFR
the area, as determined by HUD with adjustments for part 882 or the Section 8 Housing Voucher Program
smaller and larger families. under 24 CFR part 887.
2. HOME Tenant Based Rental Assistance. Tenants
Household Data. receiving HOME tenant-based assistance.
Hispanic YIN: For each occupied residential unit, enter the 3. Other Assistance. Tenants receiving rental assistance
ethnicity for the head of household as either"Y"for Hispanic or through other Federal, State or local rental assistance
Latino or"N"for Not Hispanic or Latino. Hispanic or Latino race is programs.
defined as a person of Cuban, Mexican, Puerto Rican, South or 4. No Assistance. Self-explanatory.
Central American, other Spanish culture or origin, regardless of
race. The term, "Spanish origin," can be used in addition to
"Hispanic of Latino."
Race—Head of Household: For each occupied residential unit,
enter one code only based on the following definitions:
11. White. A person having origins in any of the original
peoples of Europe,North Africa or the Middle East.
12. Black or African American. A person having origins in
any of the black racial groups of Africa. Terms such as
"Haitian"or"Negro"can be used in addition to"Black or
African American."
13. Asian. A person having origins in any of the original
peoples of the Far East, Southeast Asia, or the Indian
subcontinent including,for example, Cambodia, China,
Page 5 of 5 form HUD-40097(022003)
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EXHIBIT D
INCOME CERTIFICATION
INSTRUCTIONS
Retain completed form, including appropriate supporting documentation, to be validated by CHS at the
interim and close out monitoring.
Effective Date:
A. Household Information
Member Names—All Household Members Relationship Age
1
2
3
4
5
6
7
8
B. Assets: All Household Members, Including Minors
Income
Member Asset Description Cash Value from
Assets
1
2
3
4
5
6
7
8
Total Cash Value of Assets B(a)
Total Income from Assets B(b)
If line B(a) is greater than$5,000, multiply that amount by the rate specified
by HUD(applicable rate .06%)and enter results in B(c), otherwise leave
blank. B(c)
Collier County Housing Authority
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6 03
C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of
Minors
Member Wages/ Benefits/ Public Other Asset
Salaries Pensions Assistance Income Income
(include tips,
commissions, (Enter the
bonuses,and greater of
a
overtime) box B(b)or
1 box B(c),
2 above, in
3 box C(e)
4 below)
5
6
7
8
Totals (a) (b) (c) (d) (e)
Enter total of items C(a)through C(e).
This amount is the Annual Anticipated Household Income.
D. Recipient Statement: The information on this form is to be used to determine maximum income
for eligibility. I/we have provided, for each person set forth in Item A, acceptable verification of
current and anticipated annual income. 1/we certify that the statements are true and complete to the
best of my/our knowledge and belief and are given under penalty of petjury.
WARNING: Florida Statutes Chapter 817, 18 U.S.C. § 1001, and 31 U.S.0 § 3729 provides that willful
false statements or misrepresentations concerning income and assets or liabilities relating to financial
condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under
Sections 775.082 and 775.083, Florida Statutes. 31 U.S.C. 3729 - False claims - Document in Context -
USCODE-2010-title3I-subtitlelll-chap37-subchaplll-sec3729(govinfo.gov)
Signature of Head of Household Date
Signature of Spouse or Co-Head of Household Date
Adult Household Member(if applicable) Date
Adult Household Member(if applicable) Date
Collier County Housing Authority
HM23-01
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603
E. HOME COUNTY Statement: Based on the representations herein, the family or individual(s)
named in Item A of this Income Certification is/are eligible under the provisions of the HOME.
The family or individual(s)constitute(s)a:
111 Income(ELI)Household means and individual or family whose annual
income does not exceed 30 percent of the area median income as determined by the U.S.
Department of Housing and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
Ell Low-Income (VLI) Household means and individual or family whose annual
income does not exceed 50 percent of the area median income as determined by the U.S.
Department of Housing and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
(1 60 Percent Threshold Household means and individual or family whose annual income
does not exceed 60 percent of the area median income as determined by the U.S.
Department of Housing and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
❑ Low-Income(LI)Household means and individual or family whose annual income does
not exceed 80 percent of the area median income as determined by the U.S.Department of
Housing and Urban Development with adjustments for household size.
(Maximum Income Limit$ ).
Based upon the (year)income limits for the Naples-Marco Island Metropolitan Statistical
Area(MSA)of Collier County,Florida.
Signature of the HOME TBRA Administrator or His/Her Designated Representative:
Signature Date
Printed Name/Title
F. Household Data
Number of Persons
By Race/Ethnicity By Age
Native
American Asian Black Hawaiian or White Other 0— 26— 4l — 62+
Indian Other Pac. 25 40 61
Islander
Hispanic
Non-
Hispanic
NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use
only. No occupant is required to give such information he or she desires to do so, and refusal to give such
information will not affect any right he or she has an occupant.
Collier County Housing Authority
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EXHIBIT E
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of federal awards
to determine if subrecipients are compliant with established audit requirements (Subpart F).
Accordingly, Collier County requires that all appropriate documentation is provided regarding the
organization's compliance. In determining Federal awards expended in a fiscal year, the entity
must consider all sources of Federal awards based on when the activity related to the Federal
award occurs, including any Federal award provided by Collier County. The determination of
amounts of Federal awards expended shall be in accordance with the guidelines established by
2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida
Single Audit Act (Statute 215.97) requirements.
Subrecipient
Name
First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year (MM/DD/YY)
Total Federal Financial Assistance Total State Financial Assistance Expended
Expended during most recently during most recently completed Fiscal Year
completed Fiscal Year
$ $
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has
n been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed
or will be completed by . Copies of the audit report and management letter
are attached or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because
we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑ Are a for-profit organization
❑ Are exempt for other reasons — explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan
is included separate from the written response provided within the audit report. While we
understand that the audit report contains a written response to the finding(s), we are
requesting an updated status of the corrective action(s) being taken. Please do not provide
just a copy of the written response from your audit report, unless it includes details of the
actions, procedures, policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature: Date
Print Name and Title:
06/18
Collier County Housing Authority
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 0 3
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Lisa N. Carr Community and Human LNC 11/8/2023
Services
2. County Attorney Office County Attorney Office \)b 11/17/2023
3. BCC Office Board of County
Commissioners ( 2/7/73
4. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Lisa N.Carr,Grants Coordinator II, Phone Number 239-252-2339
Contact/Department Community and Human Services Division
Agenda Date Item was July 11, 2023 Agenda Item Number 16.D.3
Approved by the BCC
Type of Document Recommendation to(I)approve the Collier Number of Original 2
Attached County PY 2023 One-Year Action Plan for Documents Attached
U.S.Department of Housing&Urban
Development Community Development Block
Grant,HOME and Emergency Solutions
Grants Programs,including the
reprogramming of prior year funds and
estimated program income and funding
approval agreements
PO number or account
number if document is n/a
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
l. Does the document require the chairman's original signature? YES
2. Does the document need to be sent to another agency for additional signatures? If yes, LNC
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be LNC
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's LNC
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the LNC
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's LNC
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip LNC
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 07/11/2023 and all changes made during +�
the meeting have been incorporated in the attached document. The County ��1
Attorney's Office has reviewed the changes,if applicable.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
� 6D3
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
Instructions
These are the funding award agreements related to 7/11/23 Board approved item that now requires
the Chairman's signature.
1) Return one signed original copy to:
Lisa N. Car
Grants Coordinator II
Collier County Government Community and Human Services
3339 E. Tamiami Trail, Bldg. H, Suite 211
Naples, FL 34112
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
QIs oEN OF4,o U.S. Department of Housing and Urban Development 1. 6 i3 3
Office of Community Planning and Development
* * 0 Region IV, Miami Field Office
aG9 II IIII 44" Brickell Plaza Federal Building
44,oEv 909 SE First Avenue, Room 500
Miami, FL 33131-3028
November 2, 2023
Ms.Amy Patterson
County Manager
Collier County
3299 Tamiami Trail East, Suite 202
Naples,FL 34112-5361
SUBJECT: Fiscal Year 2023 Grant Agreement Transmittal
Collier County
Dear Ms. Patterson:
The U.S. Depaitinent of Housing and Urban Development(HUD),Miami Field Office of
Community Planning and Development(CPD) is writing to share an executed grant agreement
and applicable rules that apply to each program. We thank you for your continued partnership in
providing quality affordable housing, a suitable living environment, and expanding economic
opportunities for low-and moderate-income persons through HUD programs. On Thursday, June
10, 2021, the Depai intent published an interim final rule with a request for comments, titled:
Requesting Affirmatively Furthering Fair Housing Definitions and Certifications(86 Fed Reg
30779). The effective date for the interim rule is July 31, 2021, and you are encouraged to
review the interim rule in developing your programs.
One Grant Agreement is attached for each program awarded as follows:
Community Development Block Grant Program(CDBG) $ 2,574,633.00
HOME Investment Partnerships (HOME) $ 844,948.00
Emergency Solutions Grant (ESG) $ 211,534.00
Total FY 2023 Award $ 3,631,115.00
Plan Approval
Transmittal of a grant agreement does not constitute approval of the activities described
in your Consolidated Plan. You are reminded that you, as grantee, are responsible for ensuring
that all grant funds are used in accordance with all program requirements. An executed Grant
Agreement is a legally binding agreement between the Department of Housing and Urban
Development and your agency.
Please note the special conditions attached to each Funding Approval/Agreement,
including CDBG.
6D3
In accordance with the HOME regulations at 24 CFR 92.254(a)(5), a Participating
Jurisdiction(PJ)must establish resale and/or recapture requirements that comply with the
standards of the regulation. Furthermore,the resale and/or recapture requirements must be set
forth in the PJ's Consolidated Plan. HUD must determine if the PJ's provisions comply with the
requirements of the regulations and notify the PJ in writing of its determination. HUD has
reviewed your resale and recapture provisions and has determined that the provisions included in
the Plan comply with the requirements at 24 CFR 92.254(a)(5).
Environmental Review Requirements
You are reminded that certain activities are subject to the provisions of 24 CFR Part 58
(Environmental Review Procedures). Funds for such activities may not be obligated or expended
until HUD has approved the release of funds in writing. A request for release of funds (RROF)
must be accompanied by an environmental certification, and until the RROF is approved and
notification is received,no HUD funds should be committed. If the project or activity is exempt
per 24 CFR 58.34 or categorically excluded(except in extraordinary circumstances),no RROF is
required.
Build America,Buy America BABA)
On November 15, 2021,the Build America, Buy America Act(the Act)was enacted as
part of the Infrastructure Investment and Jobs Act(IIJA). Pub. L. 117-58. The Act establishes a
domestic content procurement preference, the Buy American Preference(BAP), for Federal
programs that permit Federal financial assistance to be used for infrastructure projects. In
Section 70912,the Act further defines a project to include"the construction, alteration,
maintenance, or repair of infrastructure in the United States"and includes within the defmition
of infrastructure those items traditionally included along with buildings and real property.
Starting May 14,2022,new awards of Federal financial assistance(FFA) from a program for
infrastructure, and any of those funds obligated by the grantee, are covered under the Build
America, Buy America(BABA)provisions of the Act,41 U.S.C. 8301 note. The waiver,
published March 15, 2023, establishes a phased implementation schedule for application of the
BAP to covered materials and HUD programs.
The BAP is applicable now to iron and steel used in covered CDBG projects, i.e. for
projects using funds obligated on or after November 15, 2022. For CPD,the BAP will apply next
to iron and steel used in covered Recovery Housing Program(RHP)projects for funding
obligated on or after August 23, 2023. The Phased Implementation waiver established the
following implementation schedule for HUD programs:
BAP will apply to... Iron and Steel Specifically Listed All Other Manufactured
Construction Construction Products
Materials Materials
co
16D3
CDBG Formula Grants All funds obligated on As of the date HUD As of the date HUD As of the date HUD
or after November 15, obligates new FFA obligates new FFA obligates new FFA
2022 from FY24 from FY25 from FY25
appropriations appropriations appropriations
Choice Neighborhood, New FFA obligated by New FFA obligated New FFA obligated New FFA obligated
Lead Hazard Reduction, HUD on or after by HUD on or after by HUD on or after by HUD on or after
and Healthy Homes February 22,2023 August 23,2024 August 23,2024 August 23,2024
Production Grants
Recovery Housing New FFA obligated by As of the date HUD As of the date HUD As of the date HUD
Program(RHP)Grants HUD on or after obligates new FFA obligates new FFA obligates new FFA
August 23,2023 from FY24 from FY25 from FY25
appropriations appropriations appropriations
All HUD FFA except New FFA obligated by New FFA obligated New FFA obligated New FFA obligated
HOME,Housing Trust HUD on or after by HUD on or after by HUD on or after by HUD on or after
Fund,and Public February 22,2024 August 23,2024 August 23,2024 August 23,2024
Housing FFA used for
maintenance projects
All HUD FFA New FFA obligated by New FFA obligated New FFA obligated New FFA obligated
HUD on or after by HUD on or after by HUD on or after by HUD on or after
August 23,2024 August 23,2024 August 23,2024 August 23,2024
Additional details on fulfilling the BABA requirements can be found at
https://www.hud.gov/program offices/general_counsel/BABA.
Executing the Grant Agreement
Please execute each Grant Agreement with electronic signature and date and return to this
office to the attention of David A.Noguera at david..a.noguera@hud.gov Director, Community
Planning and Development. Please ensure the Chief Elected Official and/or authorized designee
electronically signs the CDBG grant agreement in the box directly across from the HUD CPD
Director's signature. The CDBG Grant Agreement should not be electronically signed in box
12c. Maintain a copy of each agreement with your original signature on-site in your program
files.
For additional information and guidance on grant-based accounting,please refer to the
HUD Exchange at: https://www.hudexchange.info/manage-a-program/grant-based-accounting/.
To establish a Line of Credit for Fiscal Year 2023 grant funds, it will be necessary for
your agency to sign, execute and return one(1) copy of each Grant Agreement. If there is a need
to add or remove individuals authorized to access the Integrated Disbursement Information
System(IDIS),please submit an IBIS Online Access Request Form(HUD 27055),notarize, and
return to this office. Additionally, if there is a need to establish or change the depository account
where these funds are to be wired, a Direct Deposit Sign-Up form(SF-1199A)must be
completed by your financial institution and returned to this office with a copy of a voided check.
c ,0
16D3
HUD congratulates Collier County on your grant award, and we look forward to assisting
you in accomplishing your programs goals. If you have any questions or need further
information or assistance,please contact Nora Casal Cintron, Senior Community Planning and
Development Representative at(305)520-5009 or Nora.E.CasalCintron(ahud.gov.
Sincerely,
David Noguera, Director
Office of Community Planning and Development
Enclosures
DocuSign Envelope ID:BA551DEB-C2F2-4035-B6C2-1DEFFF7A60D9
Funding Approval/Agreement U.S.Department of Housing and Urban Development 1 6 (l 3
Title I of the Housing and Community Office of Community Planning and Development UU
Development Act(Public Law 930383) Community Development Block Grant Program OMB Approval No.2506-0193
HI-00515Rof20515R exp 1/31/2025
1.Name of Grantee(as shown in item 5 of Standard Form 424) 3a.Grantee's 9-digit Tax ID Number 3b.Grantee's 9-digit DUNS Number
County of Collier 596000558 JWK.IKYRPLLU6(UEI)
2.Grantee's Complete Address(as shown in item 5 of Standard Form 424) 4.Date use of funds may begin
3339 Tamiami Trl E 10/01/2023
Suite 211 5a.Project/Grant No.1 6a.Amount Approved
Naples,FL 34112-5361 B-23-UC-12-0016 $2,574,633.00(by this action)
5b.Project/Grant No.2 6b.Amount Approved
Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development(HUD)and the above named Grantee is made pursuant to the
authority of Title I of the Housing and Community Development Act of 1974,as amended,(42 USC 5301 et seq.).The Grantee's submissions for Title I assistance,the
HUD regulations at 24 CFR Part 570(as now in effect and as may be amended from time to time),and this Funding Approval,including any special conditions,constitute
part of the Agreement. Subject to the provisions of this Grant Agreement,HUD will make the funding assistance specified here available to the Grantee upon execution
of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above
provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre-agreement costs may not be paid with funding
assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee
agrees to assume all of the responsibilities for environmental review,decision making,and actions,as specified and required in regulations issued by the Secretary
pursuant to Section 104(g)of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub-
recipient entities to which it makes funding assistance hereunder available.
U.S.Department of Housing and Urban Development(By Name) Grantee Name(Contractual Organization)
David A.Noguera County of Collier
Title Title
CPD Director Chairman
Signature Date(mm/dd/yyyy) Signature B OF COUNTY COMMISSIONERS Date(mm/dd/yyyy)
,—0000sion<d by: CO IE 0
X Vawct. hbdut,Va 11/2/2023 EX Pez- 72c 3
S-9-8F56A/9581B 59 Rick LoCastro, Chairman Pursuant to Agenda Dated July 11,2023,
Agenda Item No. 16.D.3
7.Category of Title I Assistance for this Funding 8.Special Conditions 9a.Date HUD Received Submission 10.check one
Action: (check one) (mm/dd/yyyy) ®a.Orig.Funding
D None 9b.Date Grantee Notified Approval
Entitlement,Sec 106(b) ®X Attached
(mm/dd/yyyy) ❑b.Amendment
9c.Date of Start of Program Year Amendment Number
10/01/2023
11.Amount of Community Development
Block Grant FY 2023 FY 2022
a.Funds Reserved for this Grantee
b.Funds now being Approved $2,508,958.00 $65,675.00
c.Reservation to be Cancelled
(11a minus 11b)
12a.Amount of Loan Guarantee Commitment now being 12b.Name and complete Address of Public Agency
Approved n/a
N/A
Loan Guarantee Acceptance Provisions for Designated
Agencies:
The public agency hereby accepts the Grant Agreement
executed by the Department of Housing and Urban 12c.Name of Authorized Official for Designated Public Agency
Development on the above date with respect to the above n/a
grant number(s) as Grantee designated to receive loan Title
guarantee assistance,and agrees to comply with the terms n/a
and conditions of the Agreement, applicable regulations,
and other requirements of HUD now or hereafter in effect, Signature
pertaining to the assistance provided it. n/a
HUD Accounting use Only
Effective Date
Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mm/dd/yyyy) F
153
1 7 6 — — —
Y Project Number Amount
Project Number Amount
r-
Date Entered PAS Date Entered LOCCS , Batch Number Transaction Code Entered By Verified By
(mm/dd/yyyy) (mm/dd/yyyy) C •
t om¢ i'o�dr-
�h, , !:. CIN? , CLERK
.GJ.,C3 e erk 24 CFR 570 form HUD-7082(5/15)
�;' ,:tare only.
DocuSign Envelope ID:BA551DEB-C2F2-4035-B6C2-1 DEFFF7A60D9
8. Special Conditions.
(a) The period of performance and single budget period for the funding assistance
specified in the Funding Approval("Funding Assistance")shall each begin on the
date specified in item 4 and shall each end on September 1, 2030. The Grantee
shall not incur any obligations to be paid with such assistance after September 1,
2030.
(b) The Recipient shall attach a schedule of its indirect cost rate(s)in the format set
forth below to the executed Agreement that is returned to HUD. The Recipient
shall provide HUD with a revised schedule when any change is made to the rate(s)
described in the schedule. The schedule and any revisions HUD receives from the
Recipient shall be incorporated herein and made a part of this Agreement,provided
that the rate(s) described comply with 2 CFR part 200, subpart E.
Administering Direct
Department/Agency Indirect cost rate Cost Base
Instructions: The Recipient must identify each agency or department of the
Recipient that will carry out activities under the grant,the indirect cost rate
applicable to each department/agency(including if the de minimis rate is used per
2 CFR §200.414(f)), and the type of direct cost base to which the rate will be
applied(for example, Modified Total Direct Costs (MTDC)). Do not include
indirect cost rates for subrecipients.
(c) In addition to the conditions contained on form HUD 7082, the grantee shall
comply with requirements established by the Office of Management and Budget
(OMB) concerning the Dun and Bradstreet Data Universal Numbering System
(DUNS); the System for Award Management(SAM.gov.); the Federal Funding
Accountability and Transparency Act as provided in 2 CFR part 25,Universal
Identifier and General Contractor Registration; and 2 CFR part 170,Reporting
Subaward and Executive Compensation Information.
(d) The grantee shall ensure that no CDBG funds are used to support any Federal,
State, or local projects that seek to use the power of eminent domain,unless
eminent domain is employed only for a public use. For the purposes of this
requirement,public use shall not be construed to include economic development
that primarily benefits private entities. Any use of funds for mass transit,
co
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railroad, airport, seaport or highway projects as well as utility projects which
benefit or serve the general public(including energy-related, communication-
related,water-related and wastewater-related infrastructure), other structures
designated for use by the general public or which have other common-carrier or
public-utility functions that serve the general public and are subject to regulation
and oversight by the government, and projects for the removal of an immediate
threat to public health and safety or brownfield as defined in the Small Business
Liability Relief and Brownfields Revitalization Act(Public Law 107-118) shall
be considered a public use for purposes of eminent domain.
(e) The Grantee or unit of general local government that directly or indirectly
receives CDBG funds may not sell, trade, or otherwise transfer all or any such
portion of such funds to another such entity in exchange for any other funds,
credits or non-Federal considerations,but must use such funds for activities
eligible under title I of the Act.
(f) E.O. 12372-Special Contract Condition -Notwithstanding any other provision of
this agreement,no funds provided under this agreement may be obligated or
expended for the planning or construction of water or sewer facilities until receipt
of written notification from HUD of the release of funds on completion of the
review procedures required under Executive Order(E.O.) 12372,
Intergovernmental Review of Federal Programs, and HUD's implementing
regulations at 24 CFR Part 52. The recipient shall also complete the review
procedures required under E.O. 12372 and 24 CFR Part 52 and receive written
notification from HUD of the release of funds before obligating or expending any
funds provided under this agreement for any new or revised activity for the
planning or construction of water or sewer facilities not previously reviewed
under E.O. 12372 and implementing regulations.
(g) CDBG funds may not be provided to a for-profit entity pursuant to section
105(a)(17) of the Act unless such activity or project has been evaluated and
selected in accordance with Appendix A to 24 CFR 570 -"Guidelines and
Objectives for Evaluating Project Costs and Financial Requirements." (Source -
P.L. 113-235, Consolidated and Further Continuing Appropriations Act, 2015,
Division K,Title II, Community Development Fund).
(h) The Grantee must comply with the requirements of the Build America, Buy
America(BABA)Act,41 USC 8301 note, and all applicable rules and notices, as
may be amended, if applicable to the Grantee's infrastructure project. Pursuant to
HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and
2023 of Build America, Buy America Provisions as Applied to Recipients of
HUD Federal Financial Assistance"(88 FR 17001), any funds obligated by HUD
on or after the applicable listed effective dates, are subject to BABA
requirements,unless excepted by a waiver.
co
DocuSign Envelope ID:8697AF14-460E-45B2-ADCE-935ED6713DC6 1611 3
Funding Approval and HOME Investment Partnerships Agreement U.S. Department of Housing and Urban
Title II of the National Affordable Housing Act Development
Assistance Listings#14.239-HOME Investment Partnerships Program Office of Community Planning and Development
1. Grantee Name(must match the name associated with 3b.) 2. Grant Number(Federal Award Identification Number(FAIN))
and Address M23UC120217
County of Collier 3a Tax Identification Number 3b. Unique Entity Identifier(formerly DUNS):
3339 Tamiami Trl E 596000558 JWKJKYRPLLU6
Suite 211
Naples,FL 34112-536 4.Appropriation Number 5. Budget Period Start and End Date
86 3/6 0205 FY 2023 through FY 2031
6. Previous Obligation(Enter"0"for initial FY allocation) $0
a. Formula Funds $
b. Community Housing Development Org.(CHDO)Competitive $
7. Budget Approved by the Federal Awarding Agency/Current Transaction(+or-) $844,948.00
a. Formula Funds $844,948.00
1. CHDO(For deobligations only) $
2. Non-CHDO(For deobligations only) $
b. CHDO Competitive Reallocation or Deobligation $
8. Revised Obligation $
a. Formula Funds $
b. CHDO Competitive Reallocation $
9. Special Conditions(check a plicable box) 10.Federal Award Date(HUD Official's Signature Date)
® Not applicable LI Attached (mm/dd/yyyy) 1'1///2023
11. Indirect Cost Rate* 12. Period of Performance Start and End Date
Administering Agency/Dept. Indirect Cost Rate Direct Cost Base Date in Box#10-09/30/2032
—% *If funding assistance will be used for payment of indirect costs pursuant to 2 CFR
—% 200, Subpart E-Cost Principles, provide the name of the department/agency, its
indirect cost rate(including if the de minimis rate is charged per 2§CFR 200.414),and
—% the direct cost base to which the rate will be applied. Do not include cost rates for
subrecipients.
This Agreement between the Department of Housing and Urban Development(HUD)and the Grantee is made pursuant to the authority of the HOME Investment Partnerships Act
(42 U.S.C.12701 et seq.).The Grantee's approved Consolidated Plan submission/Application,the HUD regulations at 24 CFR Part 92(as is now in effect and as may be amended
from time to time)and this HOME Investment Partnership Agreement,form HUD-40093,including any special conditions,constitute part of this Agreement.Subject to the provisions
of this Agreement,HUD will make the funds for the Fiscal Year specified,available to the Grantee upon execution of this Agreement by the parties.All funds for the specified Fiscal
Year provided by HUD by formula reallocation are covered by this Agreement upon execution of an amendment by HUD,without the Grantee's execution of the amendment or other
consent. HUD's payment of funds under this Agreement is subject to the Grantee's compliance with HUD's electronic funds transfer and information reporting procedures issued
pursuant to 24 CFR 92.502.To the extent authorized by HUD regulations at 24 CFR Part 92,HUD may,by its execution of an amendment,deobligate funds previously awarded to the
Grantee without the Grantee's execution of the amendment or other consent.The Grantee agrees that funds invested in affordable housing under 24 CFR Part 92 are repayable when
the housing no longer qualifies as affordable housing.Repayment shall be made as specified in 24 CFR Part 92.The Grantee agrees to assume all of the responsibility for environmental
review,decision making,and actions,as specified and required in regulation at 24 CFR 92.352 and 24 CFR Part 58.
The Grantee must comply with the applicable requirements at 2 CFR part 200 that are incorporated by the program regulations,as may be amended from time to time.Where any
previous or future amendments to 2 CFR part 200 replace or renumber sections of part 200 that are cited specifically in the program regulations,activities carried out under the grant
after the effective date of the part 200 amendments will be governed by the 2 CFR part 200 requirements as replaced or renumbered by the part 200 amendments.
The Grantee shall comply with requirements established by the Office of Management and Budget(OMB)concerning the Universal Numbering System and System for Award
Management(SAM)requirements in Appendix Ito 2 CFR part 200,and the Federal Funding Accountability and Transparency Act(FFATA)in Appendix A to 2 CFR part 170.
The Period of Performance for the funding assistance shall begin on the date specified in item 12 and shall end on September 1st of the 5th fiscal year after the expiration of the
period of availability for obligation.Funds remaining in the account will be cancelled and thereafter not available for obligation or expenditure for any purpose.Per 31 U.S.C.1552.The
Grantee shall not incur any obligations to be paid with such assistance after the end of the Period of Performance.
The Grantee must comply with the requirements of the Build America,Buy America(BABA)Act,41 U.S.C.8301 note,and all applicable rules and notices,as may be amended,if
applicable to the Grantee's infrastructure project.Pursuant to HUD's Notice, Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America,Buy America
Provisions as Applied to Recipients of HUD Federal Financial Assistance"(88 FR 17001),any funds obligated by HUD on or after the applicable listed effective dates,are subject to
BABA requirements,unless excepted by a waiver.
13.For the U.S.Department of HUD(Name and Title of Authorized Official) 14.Signature 15,Date
David A.No era, Director
Noguera, mod^+ '� IA/21/2023
16.For the Grantee(Name and Title of Authorized Official) .�.Sigpati -, 18.Date
Rick LoCastro,Chairman / 1� /7/ J
Z
Collier County Board of County Commissioners
19.Check one: ® Initial Agreement ❑ Amendment#
20.Funding Information:
Source Year of Funds Appropriation Code PAS Code Amount ''' I ` T'
2023 86 3/6 0205 HMF(M) $844,946.00 CRYSTAL . K' � � ' CLENA
2016 86X0205-16 HMF $ 2.00
Total (D) $844,948.00 Attest to. :,_ rk
natur6 Only.
/ ./Ft
Page 1 form HUD-40093
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Funding Approval/Agreement U.S.Department of Housing and Urban Development
Emergency Solutions Grants Program Office of Community Planning and Development
Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act,
42 U.S.C. 11371 et seq.
Assistance Listing Number 14.231
1. Recipient Name and Address 2. Unique Federal Award Identification Number:
County of Collier E-23-UC-12-0016
3339 Tamiami Trl E
Suite 211 3.Tax Identification Number: 596000558
Naples,FL 34112-5361 4.Unique Entity Identifier:JWKJKYRPLLU6
5. Fiscal Year(yyyy): 2023
6. Previous Obligation(Enter"0"for initial Fiscal Year allocation) $0
7. Amount of Funds Obligated or Deobligated by This Action(+or-) $211,534
8. Total Amount of Federal Funds Obligated $211,534
9. Total Required Match
10.Total Amount of Federal Award Including Match
11.Start Date of Recipient's 12.Date HUD Received Recipient's 13.Period of Performance and
Program Year 10/01/2023 Consolidated Plan Submission 9/19/2023) Budget Period Start Date/Federal
Award Date(the date listed in Box 19
for initial Fiscal Year allocation)
(mm/dd/yyyy) 11/2/2023
14.Type of Agreement(check applicable box) 15.Special Conditions and Requirements
DX Initial Agreement(Purpose#1—Initial Fiscal Year allocation) ❑Not applicable ®Attached X
❑Amendment(Purpose#2—Deobligation of funds) 16.Period of Performance and Budget Period End Date(24 months
❑ Amendment(Purpose#3—Obligation of additional funds) after the date listed in Box 13)(mm/dd/yyyy) 11/1/2025
General Terms and Conditions:This Agreement between the U.S.Department of Housing and Urban Development(HUD)and the Recipient
is made pursuant to the authority of Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act(42 U.S.C.11371 et seq.)and is
subject to the applicable appropriations act for the specified Fiscal Year. The Recipient's Consolidated Plan submissions(including the
Recipient's approved annual Action Plan and any amendments completed in accordance with 24 CFR Part 91),the Emergency Solutions Grants
Program regulations at 24 CFR Part 576(as now in effect and as may be amended from time to time),and this Agreement,including any special
conditions attached to this Agreement,constitute part of this Agreement. Subject to the terms and conditions of this Agreement,HUD will make
the funds for the specified Fiscal Year available to the Recipient upon execution of this Agreement by the Recipient and HUD. The funds may
be used for costs incurred before the Budget Period under the conditions specified in HUD Notice CPD-23-01 or another prior written approval
by HUD,or if the Recipient is not covered by Notice CPD-23-01,under the condition that the costs are otherwise allowable and were incurred on
or after the date listed in box 11,the date listed in box 12,or 90 calendar days before the date in box 13(whichever is later).The Recipient
agrees to assume responsibility for environmental review,decision making,and action under 24 CFR Part 58;except that if the Recipient is a
state and distributes funds to a unit of general local government,the Recipient must require the unit of general local government to assume that
responsibility and must comply with the state's responsibilities under 24 CFR 58.4. To the extent authorized by applicable law,HUD may,by its
execution of an amendment,deobligate funds under this Agreement without the Recipient's execution of the amendment or other consent.The
Recipient must comply with the applicable requirements at 2 CFR part 200,as may be amended from time to time.Where any previous or future
amendments to 2 CFR part 200 replace or renumber sections of part 200 that are cited specifically in 24 CFR part 576,activities carried out
under the grant after the effective date of the part 200 amendments will be governed by the part 200 requirements as replaced or renumbered
by the part 200 amendments. The Recipient must comply with the Award Term in Appendix A to 2 CFR Part 25,"System for Award
Management and Universal Identifier Requirements,"and the Award Term in Appendix A to 2 CFR Part 170,"Reporting Subaward and
Executive Compensation Information."If the amount in Box 8 exceeds$500,000,the Recipient must comply with Appendix XII to 2 CFR part
200—Award Term and Condition for Recipient Integrity and Performance Matters.The Recipient must comply with the requirements of the Build
America,Buy America(BABA)Act,41 USC 8301 note,and all applicable rules and notices,as may be amended,if applicable to the Recipient's
infrastructure project.Pursuant to HUD's Notice,"Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America,Buy
America Provisions as Applied to Recipients of HUD Federal Financial Assistance"(88 FR 17001),any funds obligated by HUD on or after the
applicable listed effective dates,are subject to BABA requirements,unless excepted by a waiver. Nothing in this Agreement shall be construed
as creating or justifying any claim against the federal government or the Recipient by any third party.
17.For the U.S.Department of HUD(Name,Title,and Contact Information of 18.Signature 19.Date(mm/dd/yyyy)
Authorized Official) �rr
David A.Noguera,CPD Director
X Vt ill�/2/2023
20.For the Recipient(Name and Title of Authorized Official) 21.Signature 22.Date(mm/dd/yyyy)
Rick LoCastro, Chairman •
Collier County Board of County Commissioners ..11/;/Z- , /2-
Funding Information(HUD Accounting Use Only):
PAS Code:SOE Program Code:SOE Region:04 '" %a
Appropriation Number:1192 Appropriation Symbol:86 3/50192 Office:Mj ir=$T:
FYI:M RY$-1 K.tI _EL, 'LERK
Attest s t �hk
signature only.
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Special Conditions and Requirements for FY 2023 ESG Program 1 6 0 3
Indirect Cost Rate
The Recipient shall attach a schedule of its indirect cost rate(s) in the format set forth below
to the executed Agreement that is returned to HUD. The Recipient shall provide HUD with
a revised schedule when any change is made to the rate(s) described in the schedule. The
schedule and any revisions HUD receives from the Recipient shall be incorporated herein
and made a part of this Agreement,provided that the rate(s) described comply with 2 CFR
part 200, subpart E.
Instructions: The Recipient must identify each agency or department of the Recipient that will carry
out activities under the grant, the indirect cost rate applicable to each department/agency(including
if the de minimis rate is used per 2 CFR§200.414(f)), and the type of direct cost base to which the
rate will be applied(for example,Modified Total Direct Costs(MTDC)). Do not include indirect
cost rates for subrecipients.
Recipient Direct
Department/Agency Indirect cost rate Cost Base
%
co
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1 6 D 3
Special Conditions and Requirements for FY 2023 ESG Program
Serving Youth Who Lack 3rd Party Documentation or Live in Unsafe
Situations
Notwithstanding any contrary requirements under the McKinney-Vento Homeless
Assistance Act or 24 CFR part 576,youth aged 24 and under who seek assistance
(including shelter, services or rental assistance) shall not be required to provide
third-party documentation that they meet the homeless definition in 24 CFR 576.2
as a condition for receiving assistance; and unaccompanied youth aged 24 and
under(or families headed by youth aged 24 and under)who have an unsafe
primary nighttime residence and no safe alternative to that residence shall be
considered homeless for purposes of assistance provided by any private nonprofit
organization whose primary mission is to provide services to youth aged 24 and
under and families headed by youth aged 24 and under.
Appr v d as to Form a Legality:
Derek D. Perry
Assistant County Attorney o
Cps