Loading...
Agenda 07/25/2023 Item #16D 4 (First Amendment to provide financial counseling and education to Collier County residents looking to purchase a home)SEE REVERSE SIDE  Proposed Agenda Changes Board of County Commissioners Meeting July 11, 2023 Continue Item 16D4 to the August 8, 2023, BCC Meeting: Recommendation to approve and authorize the  Chairman to sign the First Amendment to the subrecipient agreement between Collier County and Housing  Development Corporation of SW Florida, Inc., d/b/a HELP to amend the quarterly performance outcomes.  (Housing Grant Fund 1835) (All Districts) (25884) (Commissioner McDaniel’s Request) Item 10A Clarification:  This item is being brought to the agenda due to new information provided by the City of  Marco Island related to the purchase of the subject property.   Notes: 35 Year Employee Tania Delgado will not be present to receive her Award & Recognition this morning. TIME CERTAIN ITEMS: Item 11A to be heard at 9:30 AM: Mediated Settlement Agreement with Manhattan Construction (Florida), Inc., pertaining to the construction of the Paradise Coast Sports Park. 12/4/2023 1:54 PM 16.D.4 07/25/2023 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign the First Amendment to the subrecipient agreement between Collier County and Housing Development Corporation of SW Florida, Inc., d/b/a HELP to amend the quarterly performance outcomes. (Housing Grant Fund 1835) OBJECTIVE: To provide financial counseling and education to those Collier residents looking to purchase a home. CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) provides Community Development Block Grant (CDBG) funds to address program -specific needs in the community. Every five (5) years, Collier County is required to prepare the Consolidated Plan outlining the goals and activities for the next five (5) years of HUD entitlement funds. The Board of County Commissioners (Board) approved the Collier County 2021-2025 Consolidated Plan on June 22, 2021, Agenda Item #16D7. On June 28, 2022 (Agenda Item #16134), the Board approved the HUD Annual Action Plan for FY 2022-2023. On June 28, 2022, Agenda Item #16D4 the Board approved a subrecipient agreement between Collier County and the Housing Development Corporation of SW Florida, Inc. in the amount of $83,709.60. The scope of service includes providing comprehensive home -buying education and counseling for low -to moderate -income persons and families. Activities offered through this program may include but are not limited to education workshops, individual counseling, review of credit reports, creation of a budget and spending plans, and any other related education and counseling services. The project has three (3) outcomes that are reported quarterly in order to measure the success of the project and to comply with HUD CDBG regulations. The proposed First Amendment revises Outcome Three to read; Efforts should be made to assist ten (10) persons and/or families with home ownership within one year of completion of the program. (This outcome is used as a measure of program success only. No financial penalty shall be assessed for failure to meet this number.) FISCAL IMPACT: This action has no new fiscal impact. The funding source for the award is the CDBG grant and is budgeted in Housing Grant fund (1835) Project 33823. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Item. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. -DDP RECOMMENDATION: To approve and authorize the Chairman to sign the First Amendment to the subrecipient agreement between Collier County and Housing Development Corporation of SW Florida, Inc., d/b/a HELP to properly reflect intended quarterly performance outcomes. Prepared By: Joshua Thomas, Grants Coordinator, Community and Human Services Division ATTACHMENT(S) 1. HELP Amendment CAO Stamped (PDF) 2. AGRMT SUB 2022 10-01 HELP PS 22-04 (PDF) Packet Pg. 582 16. D.4 07/25/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.4 Doe ID: 25884 Item Summary: Recommendation to approve and authorize the Chairman to sign the First Amendment to the subrecipient agreement between Collier County and Housing Development Corporation of SW Florida, Inc., d/b/a HELP to amend the quarterly performance outcomes. (Housing Grant Fund 1835) Meeting Date: 07/25/2023 Prepared by: Title: Operations Analyst — Community & Human Services Name: Joshua Thomas 06/20/2023 9:33 AM Submitted by: Title: Manager - Federal/State Grants Operation — Community & Human Services Name: Kristi Sonntag 06/20/2023 9:33 AM Approved By: Review: Community & Human Services Jocelyn Pickens Additional Reviewer Community & Human Services Kim Frazier Additional Reviewer Community & Human Services Kristi Sonntag CHS Review Operations & Veteran Services Jeff Weir OVS Director Review Public Services Department Todd Henry PSD Level 1 Reviewer County Attorney's Office Derek D. Perry Level 2 Attorney Review Grants Erica Robinson Level 2 Grants Review Public Services Department Tanya Williams PSD Department Head Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Grants Therese Stanley Additional Reviewer Office of Management and Budget Christopher Johnson Additional Reviewer County Manager's Office Amy Patterson Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 06/20/2023 1:14 PM Completed 06/22/2023 9:45 AM Completed 06/22/2023 2:18 PM Completed 06/23/2023 8:32 AM Completed 06/27/2023 11:18 AM Completed 07/13/2023 2:49 PM Completed 07/14/2023 8:28 AM Completed 07/17/2023 7:53 AM Completed 07/17/2023 8:35 AM Completed 07/17/2023 10:12 AM Completed 07/17/2023 1:56 PM Completed 07/18/2023 7:29 AM Completed 07/19/2023 2:56 PM 07/25/2023 9:00 AM Packet Pg. 583 16.D.4.a AIN # B-22-UC-12-0016 Federal Award Date Est. 10/2022 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded $83,709.60 Subrecipient Name Housing Development Corporation of SW Florida, Inc. d/b/a HELP UEI# J3YVCLMWVKM7 FEIN 38-3695928 R&D NA Indirect Cost Rate NA Period of Performance 10/015/2022-09/30/2023 Fiscal Year End 12/31 Monitor End: 12/2023 FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY, FLORIDA AND HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. d/b/a HELP This AMENDMENT is made and entered into as of this _ day of 2023 by and between Collier County, a political subdivision of the State of Florida (COUNTY) and Housing Development Corporation of SW Florida, Inc. d/b/a HELP (SUBRECIPIENT), a private non-profit organization having its principal office at 3200 Bailey Lane, Suite 109, Naples, FL 34105. RECITALS WHEREAS, on June 28th , 2022, Agenda Item 16.D.4 , the COUNTY entered into an Agreement with the United States Department of Housing and Urban Development to administer the Community Development Block Grant (CDBG) HELP Home Buyer Academy 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 2022-2023 for the CDBG Program with Resolution No. 2022-110 on June 28, 2022- Agenda Item 16.13.4; 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 1[23-SOC-01040/1796142/1] Housing Development Corporation of SW Florida, Inc. d/b/a HELP PS 22-04 Home Buyer Academ� Page 1 IN1Q Packet Pg. 584 16.D.4.a 2022-2023 Annual Action Plan on May 25, 2022, with a 30-day Citizen Comment period from May 25, 2022 to June 25, 2022; and WHEREAS, on June 28, 2022, Agenda Item 16.D.4.o, the COUNTY entered into a SUBRECIPIENT agreement with Housing Development Corporation of SW Florida, Inc. d/b/a HELP to set forth the responsibilities and obligations of each in undertaking the CDBG project- (PS22-04) Home Buyer Academy; and WHEREAS, the parties wish to amend the Agreement to clarify language related to project outcomes per the Exhibit C. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties hereto agree to amend the PART V of the Agreement, specifically Exhibit C, as amended in the attached Exhibit C, with words sk thr-eiigk being deleted and words underlined being added, attached hereto, and incorporated by reference herein. IN WITNESS WHEREOF, the SUBRECIPIENT and the COUNTY, have each respectively, by authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: AS TO COUNTY: CRYSTAL K. KINZEL, CLERK Deputy Clerk Dated: (SEAL) WITNESSES: Witness #1 Signature Witness #1 Printed Name Witness #2 Signature BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA LN RICK LOCASTRO, CHAIRPERSON Date: AS TO SUBRECIPIENT: HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. d/b/a HELP LOW MICHAEL PUCHALLA, EXECUTIVE DIRECTOR Date: Witness #2 Printed Name Approved as to form and legality: O �O O ��O Derek D. Perry, Assistant County At eyDated: 1[23-SOC-01040/1796142/1] Housing Development Corporation of SW Florida, Inc. d/b/a HELP PS 22-04 Home Buyer Academ� Page 2 IN1Q Packet Pg. 585 16.D.4.a PART V EXHIBITS 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: Housing Development Corporation of SW Florida, Inc. d/b/a HELP Date: Project Title: Home Buyer Academy IDIS #: Program Contact: Telephone Number: Activity Reporting Period Report Due Date October V — December 31" January 10' January 11' — March 311' Aril 10' April 11' — June 30' Jul 10' Jul 11' — September 30' October loth REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 12/31/22 3/31/23 6/30/23 9/30/23 Final: Please note: The HUD Program year begins October 1, 2022 — September 30, 2023. Each quarterly report must include cumulative data beginning from the start of the nrogram vear October 1. 2022. 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, 2022. a. Outcome Goals: list the outcomegoal(s) from your approved application and SUBRECIPIENT Agreement Outcome 1: A minimum of seventy-five (75) unduplicated households will be served. Outcome 2: Documentation that 51% of the total households served qualify as low -to -moderate income, for achievement of the LMC National Objective. Outcome 3: "" m^rgeted number of minimum of Efforts should be made to assist Ten (10) persons and/or families will with -home ownership within one year of completion of this program. (This outcome is b. Goal Progress: Indicate the progress to date in meeting each outcome Outcome 1: Outcome 2: Outcome 3: 2. Is this project still in compliance with the original project schedule: Yes U No If No. Explain: 3. Since October 1, 2022; 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 C What funding sources did the SUBRECIPIENT apply for thisperiod? Section 108 Loan Guarantee $ CDBG $ Other Consolidated Plan Funds $ HOME $ 1[23-SOC-01040/1796142/1] Housing Development Corporation of SW Florida, Inc. d/b/a HELP PS 22-04 Home Buyer Academ� Page 3 IN1Q Packet Pg. 586 16.D.4.a Other Federal Funds $ ESG $ $ HOPWA $ $ Total Entitlement 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 (LMC) 0 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 (LMH) 0 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 0 LMH YTD Total 0 YTD Total 0 Complete EITHER question 7 or 8, NOT both Complete question 7a and 7b if your program only serves clients in one or more of the listed HUD Presumed Benefit categories. PRESUMED BENEFICIARY DATA ONLY: Y PRESUMED BENEFICIARY DATA ONLY L (LMC) Quarter (LMC) YTD Indicate the total number of UNDUPLICATED Indicate the total number of UNDUPLICATED persons served this ug arter who fall into each persons served since October 1 who fall into each presumed benefit category (the total should equal the presumed benefit category (the total should equal total in question #6a or 6b): the total in question #6a or 6b): a Presumed Benefit Activities Only LMC QTR b Presumed Benefit Activities Only LMC YTD 0 Abused ELI 0 Abused Children ELI Children 0 Homeless ELI 0 Homeless Person ELI Person 0 Migrant Farm LI 0 Migrant Farm Workers LI Workers 0 Battered LI 0 Battered Spouses LI Spouses 0 Persons LI 0 Persons w/HIV/AIDS LI w/HIV/AIDS 0 Elderly Persons LI or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults LI 0 Illiterate Adults LI 0 Severely LI 0 Severely Disabled Adults LI Disabled Adults 0 Quarter Total F 0 YTD Total 8. Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Range I Other Beneficiary Data: Income Range 1[23-SOC-01040/1796142/1] Housing Development Corporation of SW Florida, Inc. d/b/a HELP PS 22-04 Home Buyer Academ� Page 4 .10 Packet Pg. 587 16.D.4.a C Indicate the total number of UNDUPLICATED Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income persons served since October 1 (YTD) who fall into category (the total should equal the total in question each income category (the total should equal the #6): total inquestion #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-LIM Above Moderate Income (>80%) 0 NON-L/M Above Moderate 0 Income >80% Quarter Total 0 YTD Total 0 Is this project in a Low/Mod Area (LMA)? YES NO Was project completed this quarter? YES NO If yes, complete all of this section 9. Date project completed Block Group Census Tract Total Beneficiaries Low/Mod Beneficiaries Low/Mod Percentage 0 0 0 0 0 Date LMA Narrative approved by CHS? What documentation supports project completion? (i.e., Certificate of Completion or Certificate of Occupancy, etc. 10. Racial & Ethnic Data if applicable) Please indicate how many UNDUPLICATED Please indicate how many UNDUPLICATED clients clients served this Quarter fall into each race served since October (YTD) fall into each race category. category. In addition to each race category, In addition to each race category please indicate how please indicate how many persons in each race many persons in each race category consider category consider themselves Hispanic. (Total themselves Hispanic. (Total Race column should equal Race column should equal the total inquestion 6.) the total in question 6.) a. RACE ETHNICIT b. RACE ETHNICIT Y/HISPANI Y C /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 1[23-SOC-01040/1796142/1] Housing Development Corporation of SW Florida, Inc. d/b/a HELP PS 22-04 Home Buyer Academ� c E c m E 1L J W 2 N N 0 N IV 00 00 LO N a� a E �a O a U r c m c m E Q IL J W 2 r C d E s c� co a Page 5 IN1Q Packet Pg. 588 FAIN # B-22-UC-12-0016 Federal Award Date Est. 10/2022 Federal Award Agency HUD CFDA Name Community Development Block Grant CFDA/CSFA# 14.218 Total Amount of Federal Funds Awarded $83,709,60 Subrecipient Name Housing Development Corporation of SW Florida Inc. d/b/a HELP UEI4 J3YVCLMWVKM7 FEIN 38-3695928 R&D NA Indirect Cost Rate NA Period of Performance 10/1/2022 — 9/30/2023 Fiscal Year End 12/31 Monitor End; 12/2023 AGREEMENT BETWEEN COLLIER COUNTY AND HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. d/b/a/ HELP CDBG Grant Program -- Public Services THIS AGREEMENT is made and entered into this 281" day of June 2022, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY„) Laving its principal address at 3339 Tamiami Trail East, Naples FL 34112, and Housing Development Corporation of SW Florida, Inc. d/b/a HELP ("SUBRECIPIENT„), a private non-profit organization having its principal office at 3200 Bailey Lane, Suite 109, Naples, FL 34105. WHEREAS, the COUNTY has entered into an Agreement with the United States Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of 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 2022-2023 for the CDBG Program with Resolution No. 2022-110 on June 28, 2022 — Agenda Item No. 16.D.4 ; 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 2022-2023 Annual Action Plan, on May 25, 2022 , with a 30-day Citizen Comment period from May 25, 2022 to June 25, 2022 ;and (dousing Development Corporation of SW Florida, Inc. d/b/a HELP PS22-04 Home Buyer Academy Page 1 Packet Pg. 589 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 — (PS22-04) Home Buyer Academy, 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: Home Buyer Academy Description of project and outcome: CI -IS as an administrator of the CDBG program will make available CDBG FY 2022-2023 funds up to the gross amount of $83,709.60 to Housing Development Corporation of SW Florida, Inc. to be used for comprehensive home -buying education and counseling for low- to moderate -income persons and families. Activities offered through this program may include but are not limited to education workshops, individual counseling, review of the credit reports, creation of a budget and spending plans, and any other related education and counseling services. Project Component One: Payroll for staff to deliver comprehensive home -buying education and counseling services. 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 Housing Dovelopment Corporation or SW Florida, Inc. dNa HELP PS22-04 Home Buyer Academy Page 2 Packet Pg. 590 ® Fraud, Waste, and Abuse Policy ® Language Assistance and Planning Policy (LAP) ® 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 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 tinder this Agreement. 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. 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 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 oil 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. Housing Development Corporation of SW Florida, Inc. d/b/a HELP PS22-04 Home Buyer Academy Page 3 Packet Pg. 591 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component 1: Payroll for staff' to deliver comprehensive home -buying education and counselin services. $83,709.60 Total Federal Funds: $83 709.60 SUBRECIPIENT will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ® Maintain beneficiary income certification documentation, and provide to the COUNTY as requested ® Maintain and provide National Objective Documentation ® Provide Quarterly Reports on National Objective, Leveraged Funds, and project progress ® 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 Labor Standards ❑ Comply with Section 3 and maintain documentation ❑ Provide weekly certified payroll throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act (URA), if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible ❑ Ensure the applicable continued use period for the project is met B. 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 Housing Development Corporation orSW Florida, Inc. d/b/a HELP PS22-04 Home Buyer Academy Page 4 Packet Pg. 592 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 Insurance Certificate Within 30 days of Agreement execution and Annually upon ex iration date 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 Independent Cost Estimate, Not Applicable Packet) * Method of Procurement, Bid Advertisement, Solicitation Packet Subcontractor Log Subcontractor Log Not Applicable Quarterly Progress Report Exhibit C 1. Quarterly reports within 10 days following the quarter end 2. Final report upon submission of the final pay request in Nei hborl Leverage Funds Report Exhibit C-1 1. Quarterly, within 10 days following the quarter end 2. Final report upon submission of the final pay request in Nei hborl Davis -Bacon Act Certified Weekly Certified Payroll Not Applicable Payroll reports, forms, and supporting documentation Housing Development Corporation of SW Florida, Inc. d/b/a HELP PS22-04 House Buyer Academy Page 5 Packet Pg. 593 Audit Monitoring Report- Exhibit E Bi-annual submission within 60 BiAnnual days of applicable fiscal year end Financial and Compliance Audit Audit, Management Letter, and Annual submission of Form 990 Supporting Documentation and Bi-annual submission of financial audit within 190 days of applicable fiscal year 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 ccase 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; Payroll for Submission of supporting documents Submission of staff to deliver comprehensive must be provided as backup, as evidenced monthly payment home -buying education and by invoice, timecards, payroll requests, within 30 counseling services, registers/summary, canceled checks or days of the prior banking documents, Exhibit B, and any month. other additional documentation as requested. 10% retainage will be withheld from each payment request. Final 10 percent of award amount 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 investinent under this Agreement. 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall begin on October 1, 2022 and shall end on September 30, 2023, The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to SUBRECIPIENT. I lousing Development Corporation of SW Florida, Inc. d/b/a HELP PS22-04 Nome Buyer Academy Page 5 Packet Pg. 594 1 ti.D.4.b 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available EIGHTY THREE THOUSAND SEVEN HUNDRED NINE DOLLARS AND SIXTY CENTS ($83,709.60) 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 fundsare 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 requirements. Payments will be adjusted by CHS in accordance with advance Funds and program 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. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements, including timely submission of Performance Deliverables contained in Section 1,2.C. Late submission of deliverables or evidence of proiect inactivily may cause payment suspension of any open pay requests until the required deliverables a€•e received 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.,, Housing Development Corporation orSW Florida, Inc. d/b/a HELP PS 22-04 Home Buyer Academy Page 7 Packet Pg. 595 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-Cast 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 this Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed specifically to the project(s) referenced above, 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 Subrccipients and Contractors shall comply with 2 CFR Subpart E-Cast Principles. SUBRECIPIENT is not 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 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 Housing Development Corporation of SW Florida, Inc. d/bla HELP P522-04 Home Buyer Academy Page 8 Packet Pg. 596 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 Tatniami Trail East, Suite 213 Naples, Florida 34112 Email:.Iosliva.'I'Ix»t�Gy.colliea-coua)tytl. ,oy Telephone: (239) 252-8995 SUBRECIPIENT ATTENTION: Michael Puchalla, Executive Director Housing Development Corporation of SW Florida, Inc. d/b/a HELP 3200 Bailey Lane, Suite 109 Naples, Florida 34105 Email: michael a collierhousing.coin Telephone: (239) 434-2397 Reinainder of Page Intentionally Left Blank Housing Development Corporation oPSW Florida, Inc. d/U/a 1-IELP PS22-04 Home Buyer Academy Page 9 Packet Pg. 597 1 ti.D.4.b PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as oven 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. 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 Rinds and Program Income. These records shall be maintained to the extent of such detail to properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. (lousing Development Corporation of SW Florida, Inc. dlbla HELP PS22-04 Home Buyer Academy Page is Packet Pg. 598 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 annual performance and evaluation report, as prescribed in 2 CFR 200.334, 24CFR 570.493 and 24 CFR 570.502(a)(7)(ii). However, if any litigation, claim, or audit is started before the expiration date of the three (3) year period, SUBRECIPIENT will maintain the records until all litigation, claim, or audit findings involving these records are resolved. If SUBRECIPIENT ceases to exist after the closeout of this Agreement, it shall notify the COUNTY in writing, of the address where the records are to be kept, as outlined in 2 CFR 200,337, SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in SUBRECIPIENT'S possession upon termination of the Agreement, and destroy any duplicate, exempt, or confidential public records that are released from public records disclosure requirements, All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY'S information technology systems. IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, IT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-2679, Michael.Bi-oiviiieeCi%colliercowiiit ,It. yoNv, 3299 Tamiami Trail E, Naples FL 34112. E. SUBRECIPIENT shall maintain records showing compliance with the Davis -Bacon Act of 1931, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative crass -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. 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 Housing Development Corporation of SW Florida, Inc. d/b/a HELP P522-04 Home Buyer Academy Page 11 Packet Pg. 599 exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public records that are released from public records disclosure requirements are not disclosed, except as authorized by 2 CFR 200.337 and 2 CFR 200.338. 2.3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit E) no later than 60 days after SUBRECIPIENT'S fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one 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 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 CI -IS or [-IUD, 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. 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. Housing Development Corporation of 3w Florida, hic. d/b/a HELP P522-04 Home Buyer Academy Page 12 Packet Pg. 600 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. o 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 certifted 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. Housing Development Corporation of SW Florida, Inc. d/h/a HELP PS 22-04 Home Buyer Academy Page 13 Packet Pg. 601 • 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 CI -IS for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. ® SUBRECIPIENT will be considered in violation of Resolution No, 2013-228 If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. 2.6 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. Reports showing lack of project activity may result in withholding of payment or issuance of a Notice of Noncom lialice. During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the I Oth day of January, April, July, and October, respectively, for the prior quarter period end. As part of the report submitted in October, 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-I 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. Housing Development Corpora(iou of SW Florida, Inc. d1b/a HELP PS 22-04 Home Buyer Academy Page 14 10 Packet Pg. 602 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. Mousing 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 duty authorized representative of each organization, and approved by the COUNTY'S Board. Such Housing Development Corporation or SW Florida, inc, d/h/a FIELP PS 22-04 Home Buyer Academy Page 15 Packet Pg. 603 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 terns 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 wrongfiul 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. Housing Development Corporation of SW Florida, Inc. &h/a HELP P522-04 Home Buyer Academy Page 16 Packet Pg. 604 3.7 GRANTEE RECOGNITION/SPONSORSHIPS SUBRECIPIENT agrees that all notices, informational pamplilets,press releases, advertisements, descriptions of program sponsorships, research reports, and similar public notices, whether printed or digitally re ared 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 1n 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 11 (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, Horsing Development Corporation of SW Florida, lite. dlb/a HELP PS22-04 Home Buyer Academy Page 17 Packet Pg. 605 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, 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). Housing Development Corporation of 5W Florida, Inn. dlhla HELP PS22-04 Home Buyer Academy Page 18 Packet Pg. 606 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 200,31 1 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 1), the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et sect.), 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 42017-08, 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 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. ]-lousing Development Corporation or SW Florida, Ina. d/b/a HELP P522-04 Home Buyer Academy Page 19 Packet Pg. 607 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 and 570.500, and 24 CFR 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 small 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 snaking 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, 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 Housing Development Corporation of SW Florida, lnc. d/b/a HELP PS22--0 4 Nome Buyer Academy Page 20 Packet Pg. 608 awarded contracts in connection with the project. SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. 3.1.7 OPPORTUNITIES FOR SMALL AND MINORITYIWOMEN 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, Ilispanic Americans , Asian/PacificAmericans, Native Americans, and Hasidic Jervis. 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 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 Housing Development Corporadon of SW Florida, Inc. dlb/a HELP PS22-04 Home Buyer Academy Page 21 Packet Pg. 609 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 4.54 of this Agreement. Contractors who apply or bid for an award of $100,000 or more shall file the required certification. 3.22 RELIGIOUS ORGANIZATIONS CDBG Funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 570.2000). SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment and will not limit employment or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services and will not limit such services or give preference to persons based on religion. Housing Development Corporation oPSW Florida, lne. d/b/a HELP PS22-04 Home Buyer Academy Page 22 Packet Pg. 610 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, constriction, 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. 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. The SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind SUBRECIPIENT to 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. Housing. Development Corporation ol'5 W Florida, Ine. d/b/a HELP PS22-04 Home Buyer Academy Page 23 Packet Pg. 611 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 party's signature is delivered by facsirnile, 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 c m E c m E Q a J W 2 N N O N CO 00 U) N liousing Developmen! Corporation of SW Florida, Inc. d/b/a HELP PS22-04 Home Buyer Academy Page 24 Packet Pg. 612 PART IV GENERAL PROVISIONS 4.1 24 CFR 570 as amended- All the regulations regarding the CDBG program htt sJlwwt�.c cfl'. �ovlc >i-1�in/text-ids?t 1 Iccfrl>rowsel3'it1c24124cfr57{) main 02.t )l 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 17tt 7s://ww�v.ecfr.aovlc i-bill/text- idx'?Slf)=1acdh92tib05c3t285d€176e26d]4f54e&,[I)c—trrte&iL(Idc—pf24.I.58&.r s ciiv5 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 fiends to the purchase of recycled products pursuant to the EPA guidelines. SLIMmary of the RcsoufGe Conse.rVatiot) t111d Recovery Act I tJS FI'A 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 tile USC. Federal Register: Political Activity -State or l.aocal Officers or E,1l1to >ees: hed� l Lt»t�li»>ucs Iesi iitt in L�csitcd 1,oca1rtics: Federal intp(oes 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 IR..D.gov / Q.S. Dc Dartment of .Housing and tJrban Developanent (IIt.1D) Scction 104 d of the Housin and CommunitV Development Act of 1974 as amended see 42 USC 5304(d)) - I WD Exchange 4.5 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. littt)s://www.liLLd.L�ov/sites/docLitiiciits/DOC_7771.PDF htt s:1lwEvw.ustiee.�ovlcrtlfair-housrn>-�lcd-1 Executive Order 11063 — Equal Opportunity in Housing httl�s:l/www.Ltrchive s.ov/fecleral- ref7istrrlcodi�cationlexecutivc-orderll l{)63.htn�I Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs httosJ/vvw%v.archives,2ov/federal-rep-ister/codificatiosilexecutive-oi'(Icr112259.litiiii 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O. h_M) Avww,Iziw.cornell.edii/cfr/textl24lcart-107 4.6 Title VI of the Civil Rights Act of 1964 as amended, Title V1I1 of the Civil Rights Act of 1968, as amended lltlps:l/NVvw.hu(1.20vlpr•ogranidescrit)tionititle6 4.7 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, Housing Development Corporation of 5W Florida, fuc. ft/a HELP P522--04 Home Buyer Academy Page 25 Packet Pg. 613 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, 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 pleasures as are necessary to enforce such covenant, and will not itself so discriminate. 4.8 The Temporary Assistance forNeedy 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 Fa€nilies I 1:3encilts, ov &J,'R: 45 (FR Perri 260 -- General `femt)orary Assistance for Needv I�arnihes TANI" Provisio►rs The Pro -Children Act: Contractor agrees to comply with the Pro -Children Act of 1994, 20 USC 6083. Pro-Cliddren Act Ot' 1994 1 Legislation I C..,S I. ncvclo edia of law IZIMAIs 49 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, SUBRECIPIENT shall 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. 4.10 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. 4.11 24 CFR 570,601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. htt )s://NVWWf )o,ao�,/fClsysl )lc /CFR-2007-titic24-vo131-icif/(:;FR-2007-title'24-vo1)-scc57O- 602_ ncif 4.12 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 fiends and as supplemented in Department of Labor regulations. EO 11246: htt �s:11�vw�.do1,o�laerrcicslofcc 3lexccutivc-order- 11246/as-amended EO 11375 and 12086: see itern 48 below 4.13 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 Housing Development Corporation of SW Florida, Inc. d/b/a HELP PS22-04 Home Buyer Academy Page 26 Packet Pg. 614 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 Rislits Act of 1964 1 CJ,S. Fcual Fm)lo vent O .Urtllllity Co111111iS3iotl eeoc. 7o`r 414 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. The SUBRECIPIENT further agrees to comply with these "Section 3„ requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from I -IUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701), Section 3 requires, 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.,, q Section to utres 25 percent of the total labor hours must be worked by Section 3 warkers and _._5 percent of the total labor hours tnttst be worked by Targeted Section 3 workers. If m ,,,. forts take .tne...,,,_,. et the requirements a>t• �, of n to SUBRECIPIENT is unable to meet these bench„k , „ , must be described, Examples include held: Job fairs conduct on the job training, outreach efforts to public houshi2 residents, and connecting residents to supportive services. 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 must be described to meet the requirements. 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, Housing Development Corporation of SW Florida, Ine. d/b/a HELP P522-04 Home Buyer Academy page 27 Packet Pg. 615 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. htti.)s:/iwww.hltd,°.cw/sites/doctliiiciits/DOC�12047.1'DF SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. Ittf7sahv�,w.ec#i.3ovlcuricntltiflc-241subfitle-A/ art-75 4.15 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. 4.16 Age Discrimination Act of 1.975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders l 1375, 11478, 12107, and 12086, Age Discrimination Act of 1975 htt s://wsVw.law.corneI1,e(iEt/ilscodc/text/42/cli,i)ter-76 11246: littl)s://%i,ww.(Io1.2c)v/ofect.)/i-cus/statLites/co l 1246, htn1 11375: Amended by EO 11478 1 1478: htt )s://�vww,arc iiivos. ,ov/feeler-al-reaistei-/coclificatioti/executive-orcier/I H78.html 12107: htt 3salwwrv.archives, ov/federal-z'e tisterlcodificatiotrlexccutivc-ordcrl12107.11tnnl 12086: 0clificatiotr/CxeGlttiye-01-der/12086.1itni1 4.17 Contract Work Hours and Safety Standards Act, 40 USC 327-332. litths,/Iwww.dol. �ovl��ltcilae �slstatiiteslsafe0l df 4.18 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570,614 Subpart K. Section 504: ht.w0/sw��=w.epa.aov/oor 29 USC 776: bt[ psall€ w.€ nocle.cow/uscode/29/776.hIfnI 24 CPR 570.614: lztt. s://www.1,1EV,Cornell.edu/€;f,/text/24/570,614 4.19 The Americans with Disabilities Act of 1990: hops,l]wwvv.bird.g€wllnidl�ro�iamslcohiulap Horsing Development Corporation of SW Florida, inc. d/b/a HELP P522-04 Home Buyer Academy Page 28 Packet Pg. 616 4.20 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 11tt )s:/IwvNrw.tliwa.Clotj ov/real estatclunifornl and/index.cfnl 4.21 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: ltttps:Ilctscode. house,.7v/vicw.xhtt� I'?rcq-grat�ulcid: C- d 999-title40-scction276a- 7&nun==0&edition- 1999 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in pant, by Loans or Grants from the United States littLis://www.larv.cot-tiell.edLt/Cft-ltext/29/1)a i.1 -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) latt salw�vtv.law,cos��e,ll.cdulcfrltc�xtl291 att-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. littps:l/www.t)residCIICV.Licst).eciLt/ws/iiidex.pli4 ?hid-23675 4.22 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 fi-om inducing an employee to relinquish any part of his/her compensation, under the federally -funded contract. 18 U.S.C. 874 https:l/wwev.Lovinfo,Lovlcotatent/pkJI..JSCODI-2010-titicl8lpdfIL)SCODE-2010- titlel8 pdf 40 U.S.C. 276c https: //us code. house. gov/view,xhtmPreq- granulei&tJSC- 1999-tit1e40- section 276c&nunr-0&edition-1999 4.23 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. htt)s://N,ww.arcliivcs. Gov/federal-re,oister/codificatioii/exec;titive-ot-clet-/l 1625.1itn71 4.24 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: Housing Development Corporation or SW Florida, Inc. d/b/a HELP P522-04 Home Buyer Academy Page 29 Packet Pg. 617 htt ps://www.ecfr.Uov�� iclx2SI D9eae:ilSeaa991 1'041 J t 8.31)7400 3i)eb l tr7u ti tte t7ocle t�t24.3. t—div5##se24.3.5 701607 E.O. 13279: httl)al�vww.tcdgoyc��a�tr'actscor�l.�e{}2-�3Ei.ltix7 4.25 Public Law 100-430 - the Fair Housing Amendments Act of 1988, IZttps://www.nebi. III nMIih. gov/pttbmQd/ 12289709 4.26 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. litt )s:/hvww.ccf€-.Lyov/cL,i-bitrltext-idx?t 1 /ccfrbrowsul3'itic02l2c#r200 jai � (32,t l 4.27 2 CFR 200.216 — Prohibition on certain telecommunications and video surveillance services or equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loam 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. 4.28 Immigration Reform and Control Act of 1986 5.1200 - C9th Congress 1985-1986 : Immi oration Reform and Control Act of 1986 Congress.eov I LibraryofConpresa 4.29 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 111, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes- htt)s://www.[aNvsci-ver,coi)/la�T/state/floi-ida/statutes/floricla statutes cha to 112 cart iIi Collier County- httWwww,coiliergov.5137 4,30 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. 4.31 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, FT, which courts have sole jurisdiction on all such matters. (No reference required for this Item). Housing Development Corporation of SW Florida, Inc. d/b/a HELP PS22-04 Home Buyer Academy Page 30 Packet Pg. 618 4.32 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 RIG] ITS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. littps://www.fYscnate.90V/[_,arVs.lSt,ItLItes/2012144.102 4.33 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. https://wwwovinfo.c.3�lContentlpiceli.7SC`ODI::;- 2010-title42/iiii)ii11.JS(--;OI:)1 -2010-tit1c42-chap85.ht€n [ittp0/www. lwy.corneli,edr€/r€scodcitcxt/42/cra te'-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. hti sa/www. Yovinlo.�ovlco€ate€atl�k�lt_IS(,ODF-20i l-tit1c33I€>dfIt1SCODI:-2Ol l-titic33- c ll 220, )df lltt s.//www.law.Cornell.CCinhtsCodc/tOXt/33/c13a )tet--26 4.34 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. lints://wtivw,iaNv.co€�ncll.edii/cfr/text/24/570.605 4,35 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. bttps://�vvw.bide;xclia€7ge.info/pr�raa»s/le€ ci-based-pail)tl 4.36 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. €thpa'1'itle54Dcc2f}1(�.pdi(►tcshpo.c�rg� 1ttps:l/www.achpylsitc sldef�ultlfileshe �ultti<>€as12017-021rea5-rcv04. 7df Housing Development Corporal ion orSW Florida, inn. d1bla HELP PS22--04 Home Buyer Academy Page 31 Packet Pg. 619 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, nhr)a'FItle54Dcc2016.pdI' ncshl3o.or- 4.37 SUBRECIPIENT must certify that it will provide drug -free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). Ihti )sJ/www.-')009-titIc4l-c l a g10- sec701 4.38 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 ioNver 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.arch ificationlexecufivc-ot'c er1I2549.htntl 4,39 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. 4.40 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. htIDs://www.ecti-. gov/cog) i-bin/text/text- idx?SlD 5a78addcftMa535c83fcd3010')08,rel�&rric=trrtc&nodc==se2,1.200 1344&r n=divl§ 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) of the HCD Housing Development Corporation orSw Florida, Inc. d/h/a HELP PS22-04 Home Buyer Academy Page 32 Packet Pg. 620 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. litt )s://wwww, L))o.Gov/f(isys/ scar►ule/(;E,'R-1999-title49-vat l /C;I� R-1999-title49-vol t-sec24-101 littpss://w Nvw. o� vitifc.aovla.)t)Idct,tils/CFR-2012-titte24-N�o€31C1,'R-2012-titic24-vo13-scc570-505 4.41 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. Iltt.)://www.102.StatC.fl.us/Statutes/itidex.etni?A mode Dis fla t Statute&Scarch StrinP--&UR i,-0200-0299/02.87/Sectiotis/0287.1 33.1itml 4,42 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 Forth-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. 4.43 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, htt ps:l/wwwv.P-sa. -ov/ ortal/content/104877 4.44 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. littr)sJ/wa NVW. ,ovre gs.com/re gtilatioiis/ems rand/title24 mrt5 sub )artA scetion5,106 Housing Development Corporation of Sw Florida, laic. d/b/a HELP P522-04 Home Buyer Academy Page 33 Packet Pg. 621 4.45 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. XFR :: 24 C;17R Part 214 Sub cart D -- Pro ,earn Adtt) inistratiot)hitl.)sa/rvwNv, law.corriell.edLi/cfrltext/2415.1 I 1 4.46 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. litt 3salwww.fudcralrc istur. Gov/docrtt�tents12016tl1l16l2016-25888/violence-acainst-women- t'catttlx>rizittion-act-of-2013-ito{grants 4.47 Any rule or regulation determined to be applicable by HUD. 4.48 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, htip llwtiv� 1L®= state.11.usetit�atutes/ittdcx,ctir�`?Apt niodc-�-Dis�-Displav Statute&L)RL,=0400- 0499/0448/0448.1itai I 4.49 Florida Statutes section 713,20, Part 1, Construction Liens StatLitC:S & COtlStiftiti011 :View Statutes : Online Sttltshille state.il.Lts 4.50 Florida Statutes section 119.021 Records Retention Statutes & Constitution Niew Statutes : Online Sunshine statc.tl.us 4.51 Florida Statutes section 119.071, Contracts and Public Records htt t://w�vw.Ieg.state.fl.its/Statutes/iticlex,cf€i)?A Mode=Dis . l�tv StatrAW IRI_:--0100- 0199/01 19/Sections/41 19.071, htntl 4.52 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at littp://www.lcp.gov. 4.53 Equal Treatment of Faith -Based Organizations: By regulation, HUD prohibits all recipient organizations from using financial assistance from HUD to fiend explicitly religious activities. The SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see Itttpsa/o jp.govlabOil floc:lpartt7ursltips.lttnt. 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 Housing Development Corporation or SW Florida, Inc. dPo/a HELL' PS22-04 Home Buyer Academy Page 34 Packet Pg. 622 into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights, 4.54 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 hit 3s:!!o' �.aovlaboutlocrl �dfslC.Jsc.ofCotiviction Ad�risoa xlf for more details. 4.55 Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENT will not use and has not used federal appropriated fiends 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, 4.56 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 - Statc.m tits of entries�)-enerallyl L1.5. Code I US L,aw l L,11 / I,p l Information Institute (cornel l.edu� Beneficiaries are subject to this False Claims Act that include the following: 31 I.) &C'. 3729 - False Claims - Document in Context - I..JSC;ODI:E;-2010-title 3 I-subtitiel ll-cliaD37-subchanlll-sec3729 &ov—if It<).acn1 3I tJ.S. Code S 3729 - False claims I U.S. Code I US Law 1 1,11 ! I,caal Information Institute Ccornetl.ecltt) 4.57 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. Housing Development Corporation or SW Florida, Inc. d/b/a I ]EILP PS22—o4 Home Buyer Academy Page 35 10 Packet Pg. 623 4.58 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving,,, 74 .Federal Regisler 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. 4.59 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of the SUBRECIPIENT and any employees of the SUBRECIPIENT. The details of the SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at htt�salo' .�ovlftlnditilEx Slot'clPr��hil3itedCot�duct-'1'zafficl�in s.htnl. 4.60 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of OJP. 4.61 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under this funding agreement, the SUBRECIPIENT must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Busines Firms Under Government Grants, Contracts, and Cooperative Agreements,,, and any implementing regulations issued by HUD. llttp :llwwW.ecft,L,ovlCL)i- biiilretrievel?C;FR?!2)—&SI)==a004b6bt2O934ace7,t7l7dc;761dc64c0&n1Cc t1-t1e&n—pt3T1,401&r 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) Housing Development Corporation of Sid' Florida, Inc. d/b/a HELP PS22-04 Home Buyer Academy Page 36 Packet Pg. 624 IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, stave each respectively, by an authorized person or agent, lrereunder set their hands and seals on the dale first written above. ATTEST: CRYSTAL K. J�INZEL,,CLERK n nqu-,0 c� d Dated: 6h NO as o.: [mean signature on y, as to form and legality: Derek D. Perry Assistant County Attorney Date: I / I'S I Z6 AS TO COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Rick LoCastro, Chairman Date: i .G.... AS TO SUBRECIPIENT: HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA, INC. d/bia HELP By: ff �A-1-�"-9-1- MICHAEL PUCHALLA, EXECUTIVE DIRECTOR 01 /11 /2023 [Please provide evidence of signing authority] c I_ C d Q a J w N N O N O w W N Housing Development Corporation of SW Florida, Lie, AM HELP P522-04 Home Buyer Academy Page 37 Packet Pg. 625 PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiarni Trail, Suite 211, 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 I — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this Agreement. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 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 Housing Development Corporation of SW Florida, Inc. d/b/a HELP PS22-04 Home Buyer Academy Page 38 Packet Pg. 626 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 (1F 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: T 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. Housing Development Corporation orSW Florida, tic. d/b/a HELP P522-04 Nome Buyer Academy Page 39 Packet Pg. 627 EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: Housing Development Corporation of SW Florida, Inc. d/b/a HELP SUBRECIPIENT Address: 3200 Bailey Lane, Suite, 109, Naples, FL 34105 Project Name: Home Buyer Academy Project No: PS22-04 _ Payment Request 4 Total Payment Minus Retainage Period of Availability: 10/1/2022 _ through 9/30/2023 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $83,709.60 $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request (Net of Retainage, if applicable) $ $ 4. Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) $ $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. ,ro the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor (Approval required $15,000 and above) Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) Housing Developnieiit Corporation or SW Florida, Ine. dlb/a HELP PS22-04 Home Buyer Academy Page 40 Packet Pg. 628 EXHIBIT C QUARTERLY PERFORMANCE REPORT DATA The COUNTY is required to submit Performance Reports to HUD through the Integrated Disbursement and Information System (ID1S). 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: Housing Development Corporation of SW Florida, Inc. d/b/a HELP Date: Project Title: Home Buyer Academy IDIS #: Program Contact: Telephone Number: Activity Reporting Period Report Due Date October I sl — December 3111 January 1011, Janu ary 111— March 315` April 10111 April I" — hme 30't' 1t€1 1001 ...July I" — Se teniber Yph October 1011' REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period): 12/31 /22 3/31 /23 6/3 0/23 9/3 0/23 Final: Please note: The HUD Program year begins October 1, 2022 — September 30, 2023. Each quarterly report must include cnnuilative rlata heainnino from tliP start of the nrnvrmn vPar (Vtnhar t ?n?? I , Please list the outcome goal(s) from your approved application and SUBRECIPIENT Agreement and indicate your progress in meeting those goals since October 1, 2022, a. Outcome Goals: list the outcome oats from yourapproved application and SUBRECIPIENT Agreement Outcome 1: A minimum of seventy-five 75 undo licated households will be served. Outcome 2: Documentation that 51 % of the total houseliol(is served qualify as low -to -moderate income, for achieveme€it of the LMC National Objective. Outcome 3: A minimum of ten (10) persons and families will achieve home ownership as a direct result of this b, Goal Progress:.. Indicate the progress to date in meeting each outcome goal. Outcome l: Outcome 2: Outcome 3: 2, Is this pLoLect.still in compliance with the on inal project schedule: Yes No If No. Explain: 3 Lm Since October 1, 2022; of the persons assisted, how many... Answer ONLY for Public Facilities & Infrastructure Activities *03 Matrix Codes a. I ...now have new access Nontinuina) to this service or b b. ...now have improved access to this service or benefit? 0 C. ...now receive a service or benefit that is no logger substandard? 0 Total 1 0 What fmiding sources slid the SUBRECIPIENT apply for thisperiod? Section 109 Loan Guarantee $ CDBG $ Other Consolidated Plan Funds $ HOME $ Other Federal Funds $ ESG $ $ HOPWA $ Housing Development Corporation of SW Florida, Inc. d/b/a HELP P522-04 Nome Buyer Academy Page 41 Packet Pg. 629 Total Entitlement $ runds 5. What is the total number of UNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if applicable? Answer question Sa or Sb; NOT both For LMC activities: people, race/etl►nicity, and income data are reported by persons. For L.MH 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 E71 Total No. of Households served 0 Total No, of female head of household 0 LNiH 6. What is the total number of UNDUPLICATED clients served since October, if applicable? Answer question 6a or 6b, NOT both For LMC activities: race/ethnicity and income data are reported by persons, a. Total No, Persons/Adults served (LMC) 0 Total No. Persons served under 18 LMC 0 YTD Total: 0 YTD Total 0 b. Total No, Households served LMH 0 Total No. female head or household (LM11) 0 YTD Total 0 YTD Total 0 Complete TITHER question 7 or 8, NOT both Complete question 7a and 7b if your program oiy serves clients in one or more of the listed HUD Presumed Benefit categories. 7. PRESUMED BENEFICIARY DATA ONLY: PRESUMED BENEFICIARY DATA ONLY LMCQuarter LMC YTD Indicate the total number of IX -L'PLICATEE persons Indicate the total number of I.rNELIPLICATED served this uc� arter who fall into each presumed benefit persons served since October 1 who fall into each category (the tolal should equal the local in gwstion #6a presumed benefit category (the local should equal the or bN: I in c ueslion 46a or 61-): a Presumed Benefit Activities Onl LMC TR b Presumed Benefit Activities Only LMC YTD 0 Abused Children ELI 0 Abused Children ELI 0 Homeless ELI 0 Homeless Person ELI Person 0 Migrant Farm Ll 0 Migrant Farm Workers LI Workers 0 Battered LI 0 Battered Spouses Ll Oases 0 Persolis Ll 0 Persons w/HIV/AIDS Ll w/HIV/AIDS 0 Elderly Persons Ll or MOD 0 Elderly Persons LI or MOD 0 Illiterate Adults Ll 0 Illiterate Adults Ll 0 Severely LI 0 Severely Disabled Adults LI Disabled Adults 0 Quarter Total 0 YTD Total C Complete question 8a and 8b if any client in your program does not fall into a Presumed Benefit category. Other Beneficiary Data: Income Range Other Beneficiary Data: Income Range Indicate the total number of UNDUPLICATED persons served this Quarter who fall into each income category Indicate the total number of UNDUPLICATED persons served since October I YTD who fall into Housing Development Corporation of SW Florida, Inc. dlbla HELP PS22-04 c m E c m E Q a J w x N N 0 N v 0 0 u7 v 0 N N Cn a a J w x 0 o_ N N 0 N ca rn E- tY C9 Q C E Q Home Buyer Academy Page 42 Packet Pg. 630 (the total should zgI.Ial the total in question #6): each Income Category ('the total should equal the total in C ttestion f6 a ELI Extremely Low lnconte (0-30%) 0 b ELI Extremely Low 0 Income 0-30% U Low Income (31-50%) 0 LI Low Income 0 MOD Moderate Income (51-80%) 0 MOD Moderate Income 0 51-80% NON-I../M Above Moderate Income (>80%) 0 NON-L/M Above Moderate 0 Income >80% Quarter Total 1 0 YTD Total 0 Is this project in a Low/Mod Area (LMA)? YES NO Was project completed this quarter? YES NO if ),es, conlplefe all gjthls saction 9. Date project completed Block Group Census Tract 'Total Beneficiaries Low/Mod Beneficiaries Low/Mod Percentage 0 0 0 0 0 Date LMA Narrative approved by CHS? What documentation supports project completion? (i.e., Certificate of Completion or Certificate of Occupancy, etc, 10. Racial & Ethnic Data if applicable) Please indicate how many tJNDIJPLICAT[-,.D ]'lease 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 ]tow many indicate how many persons in each race category persons in each race category consider themselves consider themselves Hispanic. (Total Race colwnn Hispanic. (ToialRace cohnnn should equal the total in should ec Iral the total in c ne,-lion 6.) c zrestion 6. a, RACE ETI-WICTTY 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/01her Pacific Islander 0 0 Native Hawaiian/bluer 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 1 hereby certify the above information is true and accurate. Name; Signature; Title; Your typetl name here represents gout- electronic signature Housing Development Corporation of SW Florida, Inc. d/b/a HELP PS22-04 Home Buyer Academy Page 43 Packet Pg. 631 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: Housing Development Corporation of SW Florida, Inc. d/b/a HELP Report Period: Fiscal Year: Contract Number: PS22-04 Program: CDBG Contact Naine: Contact Number: Leveraged Funds See EXAMPLE below for how to complete this form, Salrrce Amount Type Use Total Project Cost Ratio: EXAMPLE Source Ainount Type Use CDBG $1,000,000 Other Federal Funds Land Acquisition ROME $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 F011011" Housing Development Corporation of SW Florida, Inc. d/b/a I IELP PS22--04 Home Buyer Academy Page 44 Packet Pg. 632 l hereby certify the above information is true and accurate. Signature: Date: Printed Name: Title: Your tVped name here re resents Vour electronic signature. Flousing Development Corporation of SW Florida, Ina d/b/a HELP PS22-04 Home Buyer Academy Page 45 Packet Pg. 633 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 Infos•mation Member Names — All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members, Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 0.00 Total Cash Value of Assets B(a) 0.00 Total Income fi-otn Assets 13 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) Housing Development (corporation of SW Florida, Inc. d/b/a HELP P522-04 Home Buyer Academy Page 46 Packet Pg. 634 C. Anticipated Annual Income: Includes Unearned Income and Support Paid oil Behalf of Minors Member Wages / Salaries (include tips, commissions, bonuses, and overtime) Benefits / Pensions Public Assistance Other Income Asset Income (Enter the greater of box B(b) or I 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(c). This amount is the Annual Anticipated Household Income. 0.00 A Recipient Statement: The information on this forth 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, 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 - l also claims - DOCLt111ellt in Context - USCODF 2010-tit01f111-scc3729 ,( vinfo� ov Signature of Head of Household ,Signature of Spouse or Co -Head of Household Date Date Adult Household Member (if applicable) Date Adult Household Member (if applicable) Date Housing Development Corporation or SW Florida, Me. d/b/a HELP PS22--04 Home Buyer Academy Page 47 Packet Pg. 635 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) constitutc(s) a: ❑ Extremely Low -Income (ELI) Household means and individual or family whose annual income does not exceed 30/50"' 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 Law -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 (1,I) Household means and individual or family whose annual income does not exceed 80 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit $ ). Based on the (year) income limits for the Naples -Marco Island Metropolitan Statistical Area (MSA) of Collier County, Florida. Signature of the CDBG Administrator or His/Her Designated Representative: Signature Printed Name F. Household Data Title Date Number of Persons Bv Race / Plinicitv By Age American Native Other Indian Asian Black Hawaiian White0 —25 26 —40 41 —61 62+ or Other Pac. Hispanic Non- Hispanl NOTE: bi/brinalion cortcerning the race or ethnicily rf the oecuparats is being gatheredfor statistical use on )), ATo bent ficiary is required to give such igformation, and rzf m,-d to give such information will not afJ'acl arty rigla.! he or she has to the CDBG program. ]dousing Developmeni C'orpornlion of SW Florida, Inc. dJbla HELP PS22—D4 Home Buyer Academy page 48 Packet Pg. 636 EXHIBIT E AUDIT MONITORING REPORT .ular 2 CFR Part.200.332 requires Collier County to monitor subrecipients of federal awards to determine if:subrecipients compliant with ,established audit requirements (Subpart F), Accordingly, ui Collier County reqres tlfat all appropriate moitation is provided regarding the.organization's`compliance. In determining Fcderal awards expended in a fiscal year; ,ubreeipient must consider all sources of Federal awards, based on when the activity related to the Federal award occurs; aging any Federal award provided by,Collier. Comity. The deter nination of amounts of Federal awards expended shall be ;cordance.with the guidelines'established by2 CFR'Part 200, Subpart F -Audit Requirements. This fonln may be used to litor Florida Single Audit Act (Statute 215,97) requirements. E recipient Housing Development Corporation of SW Florida, Tnc, d/b/a HELP c �e t Date of Fiscal Year IWMID.D/YY Last Date of. FiscalYear. /DD/YY a J 31/2022 12/31/2022 _ rl Federal Financial Assistance Expended during Total State Financial :Assistance Expended during ag mast cc-4 t recently completed Fisc.al`Year recently :corn leted Fiscal Year N $ 00 Check A. or B. Check C if applicable v A. The federal/slate expenditure threshold for our fiscal year ending as indicated above has been met, and a e ❑ Single Audit as required by 2 CFR Part 200 Subpart F has been completed or will be completed by N Copies of the audit report and management letter are attached or will be provided within 30 Cn days of completion. a 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 F] Did ❑ Are a for -profit organization c ❑ Are exempt for other reasons — explain o An audited financial statement is attached and if applicable, the independent auditor's mana ement letter. N C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate N from the written response provided within the audit report. While we understand that the audit report contains m ❑ a written response to the finding(s), we are requesting an updated status of the corrective actions) being taken, Cn 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. 06/ 18 Housing Development Corporation of SW Florida, Inc. d/b/a HELP PS22-04 Home Buyer Academy Page 49 Packet Pg. 637