Agenda 09/26/2023 Item #16D 1 (First amendment between Collier County and the Shelter for abused Women & children)09/26/2023
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign the First Amendment between Collier County and
the Shelter for Abused Women & Children, Inc., Community Development Block Grant Agreement CD22-02, to
increase the amount of the agreement from $587,206 to $765,557 for a net change of $178,351 for additional roof
replacement funding. (Grant Fund 1835)
OBJECTIVE: To allocate funding to support facility improvement and hardening to the Shelter for Abused
Women & Children, Inc.
CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) Community
Development Block Grant (CDBG) program funds locally defined requests for program -specific needs in the
community and infrastructure improvements. Every five (5) years the County is required to submit a Consolidated
plan to HUD outlining the goals and activities to be undertaken with HUD entitlement funds over the five -year
period, as well as Annual Action Plans. The Board of County Commissioners (Board) approved the Collier County
2021-2025 Consolidated Plan on June 22, 2021, (Agenda Item #16D7), and the FY 2022-2023 Annual Action Plan
on June 28, 2022 (Agenda Item #16D4).
On June 28, 2022 (Agenda Item #16D4), the Board approved the CDBG Subrecipient Agreement with The Shelter
for Abused Women & Children, Inc. (SAWCC). The agreement established $587,206 in funding for the design and
installation of a new roof.
SAWCC has requested additional funding to complete phases I and II for the design and installation of a roof
replacement. The increase is necessary due to the increased cost of roofing materials and labor.
The proposed First Amendment will increase the project budget by $178,351 thereby increasing the total award
amount to $765,557.
FISCAL IMPACT: The funding source for the award is the CDBG Grant and is budgeted in Housing Grant Fund
1835 CDBG Projects 33631, 33689, 33763, and 33823.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote
for Board approval. -DDP
GROWTH MANAGEMENT IMPACT: This item has no impact on the Housing Element of the Growth
Management Plan of Collier County.
RECOMMENDATION: To approve and authorize the Chairman to sign the First Amendment between Collier
County and the Shelter for Abused Women & Children, Inc., Community Development Block Grant Agreement
CD22-02, to increase the amount of the agreement from $587,206 to $765,557 for a net change of $178,351 for
additional roof replacement funding.
Prepared By: Zuleyka Garay, Grants Coordinator; Community and Human Services Division
ATTACHMENT(S)
1. CD22-02-Shelter for Abused Women & Children-New Roof-Fully Executed (PDF)
2. [1808523] SAWCC CD22-02 First Amendment -DDP Cert (PDF)
16.D.1
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09/26/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.1
Doc ID: 26309
Item Summary: Recommendation to approve and authorize the Chairman to sign the First Amendment between
Collier County and the Shelter for Abused Women & Children, Inc., Community Development Block Grant
Agreement CD22-02, to increase the amount of the agreement from $587,206 to $765,557 for a net change of
$178,351 for additional roof replacement funding. (Grant Fund 1835)
Meeting Date: 09/26/2023
Prepared by:
Title: – Community & Human Services
Name: Zuleyka Garay
08/11/2023 3:30 PM
Submitted by:
Title: Manager - Federal/State Grants Operation – Community & Human Services
Name: Kristi Sonntag
08/11/2023 3:30 PM
Approved By:
Review:
Community & Human Services Kristi Sonntag CHS Review Completed 08/14/2023 12:08 PM
Operations & Veteran Services Jeff Weir OVS Director Review Completed 08/15/2023 7:48 AM
Community & Human Services Kim Frazier Additional Reviewer Completed 08/15/2023 8:35 AM
Community & Human Services Donald Luciano Additional Reviewer Completed 08/15/2023 4:45 PM
Public Services Department Vanessa Collier Additional Reviewer Completed 08/25/2023 9:57 AM
Public Services Department Todd Henry PSD Level 1 Reviewer Completed 08/28/2023 11:03 AM
Grants Erica Robinson Level 2 Grants Review Completed 08/30/2023 10:24 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 09/12/2023 12:10 PM
Public Services Department Tanya Williams PSD Department Head Review Completed 09/16/2023 6:29 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/18/2023 8:26 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/18/2023 10:29 AM
Office of Management and Budget Blanca Aquino Luque Additional Reviewer Completed 09/18/2023 4:49 PM
Grants Therese Stanley Additional Reviewer Completed 09/19/2023 8:24 AM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 09/19/2023 9:38 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 09/26/2023 9:00 AM
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FAIN# B-20-UC-12-0016
B-22-UC-12-0016
Federal A ward Date 10/2022
Federal Award Agencv HUD
CFDAName Community
Development Block
Grant
CFDA/CSFA# 14.218
Total Amount of Federal $587,206.00
Funds Awarded
Subrecipient Name The Shelter for Abused
Women & Children, Inc.
UEI# FKAIVKEREQF4
FEIN 59-2752895
R&D NA
Indirect Cost Rate NA
Period of Performance October I, 2022 -April
30,2024
Fiscal Year End 6/30
Monitor End: 6/2029
AGREEMENT BETWEEN COLLIER COUNTY
AND
The Shelter for Abused Women & Children, Inc,
CDBG Grant Program -Construction/Rehabilitation
THIS AGREEMENT is made and entered into this 281'/day of J"UNt 2022, by and between Collier
County, a political subdivision of the State of Florida, ("COUNTY") having its principal address at 3339
Tamiami Trail East, Naples FL 34112, and The Shelter for Abused Women & Children, Inc.
("SUBRECIPIENT"), a private non-profit organization having its principal office at P.O. Box 10102,
Naples, FL. 3410 I.
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 2022-ll_Q__ on June 28, 2022-Agenda Item 16.D._'j___; 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
122-SOC-00912/1723784/1 J
CD22-02
Roof Replacement-Phase 1 and/or II
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WHEREAS, the SUB RECIPIENT 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 -(CD22-02) Design and Installation of New Roof-
Phase I and/or Phase II.
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: Design and Installation of New Roof-Phase I and/or Phase II.
Description of project and outcome: CHS, as an administrator of the CDBG program, will make
available CDBG FY 2020-2021 and FY 2022-2023 funds up to the gross amount of$587,206.00
to The Shelter for Abused Women & Children, Inc. to fund the design and replacement of the
facility roof. The project may be completed in phases as funding is available and funds may be used
in all or part for each phase ..
Project Component One: Design and installation of a new roof, Phase I and/or Phase II including
but not limited to permits, fees, materials, installation, design, and construction related costs or
fees.
The property will be deed restricted for five (5) years commencing on the date of initially meeting
one of the National Objectives, in accordance with 24 CFR 570.505, if applicable.
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty (60) calendar days of the execution of this Agreement, SUBRECIPIENT must
deliver to CHS for approval, a detailed project schedule for the completion of the project.
B. SUBRECIP!ENT must submit the following resolutions and policies to CHS within sixty
( 60) days of execution of this Agreement:
cgj Affirmative Fair Housing Policy
cgj Affirmative Action/Equal Opportunity Policy
cgj Conflict of Interest Policy (COi) and related COi Forms
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IZ) Procurement Policy
IZ) Uniform Relocation Act (URA) Policy
IZ) Sexual Harassment Policy
IZ) Section 3 Policy
IZ) Section 504/ADA Policy
IZ) Fraud, Waste, and Abuse Policy
IZ) Language Assistance and Planning Policy (LAP)
IZ) Limited English Proficiency Policy (LEP)
IZ) Violence Against Women Act (VAWA) Policy
IZ) LGBTQ Policy
C. Environmental Review Requirement (ERR) -This Agreement does not constitute a
commitment of Funds or site approval. The commitment of Funds or site approval may
occur only upon satisfactory completion of environmental review and either (i) the
determination that the project is Exempt or (ii) the COUNTY's receipt of an approved
request for release of funds and certification from HUD, under 24 CFR Part 58. The
provision of any funds to the project is conditioned on the COUNTY's determination to
proceed with, modify, or cancel the project based on the results of the environmental
review. No program costs can be incurred until an environmental review of the project is
completed and approved by the COUNTY. Further, the SUBRECIPIENT will not
undertake any activity or commit any funds prior to CHS issuance of the Notice to Proceed
(NTP) letter. Violation of this provision may result in the termination of this subaward
and/or the denial of any reimbursement of funds under this Agreement.
D. Annual Subrecipient Training -All SUBRECIPIENT staff assigned to the administration
and implementation of the Project established by this Agreement shall attend the CHS-
sponsored Amrnal SUBRECIPIENT Fair Housing training. In addition, at least one staff
member shall attend all other CHS-offered SUBRECIPIENT training, relevant to the
Project, as determined by the Grant Coordinator, not to exceed four ( 4) sessions.
E. 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 Vl) and its implementing regulations, the
SUB RECIPIENT agrees to take reasonable steps to ensure meaningful access to activities
funded with HUD Funds by LEP persons. Any of the following actions could constitute
"reasonable steps", depending on the circumstances: acquiring translators to translate vital
documents; advertisements or notices; acquiring interpreters for face to face interviews
with LEP persons; placing advertisements and notices in newspapers that serve LEP
persons; partnering with other organizations that serve LEP populations to provide
interpretation, translation, or dissemination of information regarding the project; hiring
bilingual employees or volunteers for outreach and intake activities; contracting with a
telephone line interpreter service; etc.
[22-SOC-00912/1723784/I]
CD22--02
RoofRep!occmentMPlrnse I and/or II
THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC.
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1.2 PROJECT DETAILS
A. Project Description/Project Budget
Descriotion Federal Amount
Project Component I: Design and installation of a new roof, Phase I and/or Phase II $587,206.00
to include but not limited to permits, fees, materials, installation, design, and
construction related costs or fees
Total Federal Funds: $587,206.00
SUBREC!PIENT will accomplish the following checked project tasks:
D Pay all closing easts related to property conveyance
[8J Maintain beneficiary income certification documentation, and provide to the COUNTY as
requested
l8J Maintain and provide National Objective Documentation
[8J Provide Quarterly Reports on National Objective and project progress
[8J Provide Leverage Funds Report
l8J Ensure attendance by a representative from executive management at scheduled
partnership meetings, as requested by CHS
l8J Ensure attendance by SUBRECIPIENT and General Contractor at Pre-Construction
meetings, prior to SUBBRECIPIENT issuing Notice to Proceed (NTP) to contractor
l8J Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation
l8J Identify Lead Project Manager
l8J Provide Site Design and Specifications
l8J Submit Change Orders for CHS approval prior to SUBRECIPIENT authorizing work
l8J Comply with Davis-Bacon Labor Standards
l8J Comply with Section 3 and maintain documentation
l8J Provide weekly certified payroll throughout construction and rehabilitation
D Comply with Uniform Relocation Act (URA), ifnecessary
D Ensure applicable numbers of units are Section 504/ADA accessible
l8J 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:
[22-SOC-009121172378411]
CD22--02
LMA-Low/Mod Area Benefit
LMC -Low/Mod Clientele Benefit
LMH -Low/Mod Housing Benefit
LMJ -Low/Mod Job Benefit
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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, Fail me 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. Structmes 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 I 00 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
exniration 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 Within sixty ( 60) days of
Agreement execution
Proiect Plans and Soecifications Site Plans and Soecifications Prior to Procurement start
Draft Procmement Documents Independent Cost Estimate, Within 90 days of Agreement
(Bid Packet)* Method of Procmement, Bid execution
Advertisement, Solicitation
Packet.
Subcontractor Log Subcontractor Log Initially at construction start,
and unon Subcontrator changes
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
Neighborly. 3. Annually after
closeout
Section 3 Report Quarterly Report of New Hire Quarterly; within 10 days
Information following the end of the quarter.
Amrnallv after closeout.
Leverage Funds Report Exhibit C-1 I. Quarterly, within 10 days
followino-nuarter end. 2. Final
!22-SOC-00912/! 723784/!]
CD22--02
THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC.
Roof Replacement-Phase l and/or II Pages
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report upon submission of the
final pay request in Neighborlv
Davis-Bacon Act Certified Weekly Certified Payroll Weekly within 7 days following
Payroll reports, for111s, and supporting issuance of payroll checks by
documentation required to be the subcontractor or Prime
submitted through the County contractor
electronic certified payroll
svste111 LCP Tracker.
Annual Audit Monitoring Exhibit E Annually, within 60 days after
Renart FY end
Financial and Compliance Audit Audit, Management Letter, and Annually: nine (9) months after
Supporting Documentation FY end for Single Audit OR one
hundred eighty (180) days after
FY end
Continued Use Certification Continued Use Affidavit, if Annually, for five (5) years after
annlieable Proiect Closeout
Capital Needs Assessment Plan Plan approved by the COUNTY Initial Plan due after
construction eo111pletion.
Annually throughout the
continued use period
Program Income Reuse Plan Plan A nnroved bv the COUNTY NIA
* 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, 111ay result in delay or withholding
of payment, as well as a cease work order until all change orders have been reviewed and approved,
at which time a new Notice to Proceed will be issued.
D. Payment Deliverables
Pavment Deliverable Pavment Sunnorting Documentation
Project Component 1: Design and Submission of supporting documents
installation of a new roof, Phase I 111ust be provided as backup, as evidenced
and/or Phase II to include but not by cnceled check, AJA or similar
limited to permits, fees, materials, document, invoice, bank statements, copy
installation, design and of permits, and any other additional
construction related costs or fees. documentation as requested.
The COUNTY will pay up to 90% of the
total grant awmd or project costs,
whichever is lower. The remaining 10%
of the award or project costs will be
released upon final monitoring clearance
and meeting a National Objective. For
clarity, the COUNTY will not withhold
I 0% on each payment request.
[22-SOC-00912/1723 784/1]
CD22--02
THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC.
RoofReplacement~Phase I and/or II
Submission Schedule
Submission of
monthly payment
requests within 30
days of the prior
month.
Pagc6
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Final IO percent of award amount will be paid upon completion of final monitoring clearance and
documentation of meeting the National Objective. SUBRECIPIENT'S failme to achieve the National
Objective will require repayment of the CDBG investment under this Agreement.
1.3 PERIOD OF PERFORMANCE
SUBRECIPIENT services shall begin on October I, 2022 and shall end on April 30, 2024.
The County Manager or designee may extend the term of this Agreement for a period of up to 180
days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to
the SUBRECIPIENT.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available FIVE HUNDRED AND EIGHTY SEVEN THOUSAND
TWO HUNDRED AND SIX DOLLARS AND ZERO CENTS ($587,206.00) for use by
SUBRECIPIENT, dming 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 IO percent of the Agreement amount shall only
be made with Board of County Commissioners (Board) approval.
The COUNTY shall reimbmse SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks, as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of CDBG Funds until Funds are needed for eligible
costs; and all disbmsement 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 dming the month, or if SUBRECIPIENT is not yet prepared to send the
required backup, a $0 invoice is required. Explanations will be required if two consecutive months
of$0 invoices are submitted. Payments shall be made to SUBRECIPIENTwhen requested as work
progresses, but not more frequently than once per month. Reimbursement will not occur if
SUBRECIPIENT fails to perform the minimum level of service required by this Agreement.
COUNTY will pay SUBRECIPIENT Funds available under this Agreement based on information
submitted by SUBRECIPIENT and consistent with any approved budget and COUNTY policy
concerning payments. With the exception of certain advances, payments will be made for eligible
expenses actually incmred by SUBRECIPIENT, not to exceed actual cash requirements. Payments
will be adjusted by CHS in accordance with advance Fund and program income balances available
in SUBRECIPIENT accounts. In addition, COUNTY reserves the right to liquidate Funds available
under this Agreement for costs incurred by COUNTY on behalf ofSUBRECIPIENT.
[22-SOC-0091211723784/J J
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RoofReplaccmcnt"Phase I and/or II
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Final invoices are due no later than 90 days after the end ofthc Agreement. Work performed during
the term of the program but not invoiced within 90 days after the end of the Agreement may not be
processed without written authorization from the Grant Coordinator.
CHS may withhold any pay request until approved by CHS for grant compliance and adherence to
any and all applicable Local, State, or Federal requirements, including timely submission of
Performance Deliverables contained in Section l.2.C. Late submission of deliverables or
evidence of project inactivity may cause payment suspension of any open pay requests until
the required deliverables are received or substantial project progression occurs, as
determined by CHS. Except where disputed for noncompliance, payment will be made upon
receipt of a properly completed invoice, and in compliance with sections 218. 70-2 I 8.80, Florida
Statutes, otherwise known as the "Local Government Prompt Payment Act."
1.5 LEVERAGE FUNDS
Leveraged funds must be identified, tracked, and verifiable in the SUBRECIPIENT's records.
Resomces must be fully identified and described in the Agreement and the approved budget
submitted with the application. Resources must also meet the following criteria to be allowable as
leverage:
a. Expenditures of leveraged funds or resources are permitted only for eligible activities
and allowable costs under the cost principles specified by the 0MB Circulars
referenced in this Agreement. Expenditmes 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 rnles for cost
allowability, found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section
(Section 1.6-Cost Principles) of this Agreement, SUBRECIPIENT is defined as described in 2 CFR
200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under this
Scope of Work. SUB RECIPIENT 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 SUB RECIPIENT'S contractors
and vendors are conditioned upon compliance with the procmement requirements provided in
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RoofReplacement~Phase land/or II
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2 CFR 200.318-200,327. Allowable costs incurred by Subrecipients and Contractors shall comply
with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart E; however,
the COUNTY is and may impose requirements upon the Developer to remain compliant with
COUNTY's obligation to follow 2 CFR Subpart E. The Developer will use adequate internal
controls and maintain necessary source documentation for all costs incurred and adhere to any other
accounting requirements included in this Agreement.
1.7 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice
delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and
other written communications under this Agreement shall be addressed to the individuals in the
capacities indicated below, unless otherwise modified by subsequent written notice.
COLLIER COUNTY ATTENTION: Judith Sizensky, Grant Coordinator
Collier County Government
Community and Human Services Division
3339 Tamiami Trail East, Suite 213
Naples, Florida 34112
Email: Judi th. S izensky@col Ii erco unt yfl. gov
Telephone: (239) 252-2590
SUBRECIPIENT ATTENTION: Linda Oberhaus, ChiefExecutive Officer
The Shelter for Abused Women & Children, Inc.
[22-SOC-00912/1723 784/1]
CD22--02
RoofRcplacement-Phase I and/or II
P. 0. Box 10102
Naples, Florida 3410 I
Email: loberhaus@naplesshelter.org
Telephone: (239) 775-3862
Remainder of Page Intentionally Left Blank
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2.1 AUDITS
PART II
GRANT CONTROL
REQUIREMENTS
At any time dming normal business homs and as often as the COUNTY (and/or its representatives)
may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit all
records, documentation, and any other data relating to all matters covered by the Agreement.
SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after its
receipt of the report. SUBRECIPIENT's failme 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 200.50 l
Federal Award amounts expended shall be determined in accordance with guidelines established
by 2 CFR Pait 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. SUB RECIPIENT shall make available to the COUNTY or CHS at any time upon request,
all reports, plans, surveys, information, documents, maps, books, records, and other data
procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this
Agreement. Materials identified in the previous sentence shall be in accordance with
generally accepted accounting principles (GAAP), procedures, and practices, which
sufficiently and properly reflect all revenues and expenditures of Funds provided directly
or indirectly by this Agreement, including matching funds and Program Income. These
records shall be maintained to the extent of such detail to properly reflect all net costs,
direct and indirect labor, materials, equipment, supplies and services, and other costs and
expenses of whatever nature for which reimbursement is claimed under the provisions of
this Agreement.
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D. Upon completion of all work contemplated under this Agreement, copies of all documents
and records relating to this Agree111ent shall be surrendered to CHS, if requested. In any
event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, and in
a readily accessible, per111anent, and secured location for three (3) years after the date of
sub111ission of the annual performance and evaluation report, as prescribed in 2 CFR
200.334, 24 CFR 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, the records will be
maintained until all litigation, claim, or audit findings involving these records are resolved.
If SUBRECIPIENT ceases to exist after the closeout of this Agreement, it shall notify the
COUNTY in writing, of the address where the records 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 SUB RECIPIENT'S possession upon
termination of the Agreement, and destroy any duplicate, exempt, or confidential public
records that are released fro111 public records disclosure require111ents. All records stored
electronically must be provided to the COUNTY in a format that is co111patible with the
COUNTY'S information technology systems.
IF SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, IT SHALL CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-2679,
Michael.Brownlee@colliercountyfl.gov, 3299 Tamiami Trail East,
Naples, FL, 34112.
E. SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Act of
I 931, including files containing contractor payrolls, employee interviews, Davis-Bacon
wage rates, and administrative cross-referencing. SUB RECIPIENT 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 was
received. This includes special requirements, such as necessary and appropriate
determinations as defined in 24 CFR 570.208, income certification, and written agreements
with beneficiaries, where applicable.
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H. SUBRECIP!ENT shall provide the public with access to public records on the same terms
and conditions that the COUNTY would provide the records, and at a cost that does not
exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law.
SUBRECIPIENT shall ensure that exempt or confidential public records that are released
from public records disclosure requirements are not disclosed, except as authorized by 2
CFR 200.337 and 2 CFR 200.338.
2.3 MONITORING
During the term of this Agreement, SUB RECIPIENT shall submit to the COUNTY an Annual
Audit Monitoring report (Exhibit E) no later than 60 days after SUB RECIPIENT'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 (I 80) days for
Subrecipients exempt from Single Audit) after the SUBRECIPIENT'S fiscal year end. The
COUNTY will conduct an aimual financial and programmatic review.
SUB RECIPIENT agrees that CHS may carry out no fewer than one (I) annual on-site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop
review of the activities may be conducted in lieu of an on-site visit. The continuation of this
Agreement is dependent upon satisfactory evaluations. Upon request by CHS, SUBRECIPIENT
shall submit information and status reports required by CHS or HUD, to enable CHS to evaluate
said progress and allow for completion of required rep01ts. 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 non-performance, based on goals and performance standards as stated with all other
applicable laws, regulations, and policies governing the funds provided under this Agreement,
further defined by 2 CFR 200.332. Substandard performance, as determined by CHS, will constitute
noncompliance with this Agreement. If corrective action is not taken by SUBRECIPIENT within
a reasonable time period after being notified by CHS, Agreement suspension or termination
procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office oflnspector
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.
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SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees,
and agents for the purpose of monitoring or investigating the performance of this Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent
fraud, waste, and abuse.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this Agreement or any law or regulation to the COUNTY, or any
appropriate law enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this Agreement. Penalties may be imposed for failure to implement or 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:
I. Initial noncompliance may result in the COUNTY issuing Findings or Concerns to
SUBRECIPIENT, which requires SUBRECIPIENT to submit a corrective action
plan to CHS within IO 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 SUB RECIPIENT fails to submit the corrective action plan to CHS in a timely
manner, the COUNTY may require a portion of the awarded grant funds to be
returned to the COUNTY.
• CHS may require SUBRECIPIENT to return upwards of 5 percent of the
award amount to the COUNTY, at the discretion of the Board.
• SUBRECIPIENT may be denied future consideration, as set forth in
Resolution No. 2013-228.
3. IfSUBRECIPIENT remains noneompliant or repeats an issue that was previously
corrected, and has been informed by CHS of their substantial noncompliance by
certified mail, CHS may require a portion of the awarded grant amount or the
amount of the CDBG investment for acquisition of the properties conveyed, to be
returned to the COUNTY.
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• CHS may require SUBRECIPIENT to return upwards of IO percent of the
award amount to the COUNTY, at the discretion of the Boal'd.
• SUBRECIPIENTwill be considered in violation ofResolution 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 Boal'd to immediately terminate the
Agreement. SUBRECIPIENT will be required to repay all Funds disbursed by
CHS for the terminated project. This includes the amount invested by the
COUNTY for the initial acquisition of properties or other activities.
• SUBRECIPIENT will be considered in violation of Resolution No. 2013-228.
If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be
noncompliant, the above sanctions may be imposed across all awards at the Board's
discretion.
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring findings identified pursuant to this
Agreement, as deemed necessary by the County Manager or designee. Reports showing lack of
project activity may result in withholding of payment or issuance of a Notice of Non-
Compliance.
During the term of this Agl'eement, SUBRECIPIENT shall submit quarterly progress reports to the
COUNTY on the 10th day of January, April, July, and October, respectively, for the prior quarter
period end. As part of the report submitted in October, SUBRECIPIENT agrees to include a
comprehensive final report covering the agreed-upon Program objectives, activities, and
expenditures including but not limited to, performance data on client feedback with respect to the
goals and objectives set forth in Exhibit C, which contains an example reporting form to be used in
fulfillment of this requirement. Additionally, all leveraged funds utilized in support of this project
will be submitted on Exhibit C-1 as part of the final report. Other reporting requirements may be
required by the County Manager or designee if the Program changes, the need for additional
information or documentation arises, and/or if legislative amendments are enacted. Reports and/or
requested documentation not received by the due date shall be considered delinquent and may be
cause for default and termination of this Agreement.
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment.
SUB RECIPIENT shall cause all provisions of this Agreement in its entirety to be included in and
made a part of any subcontract executed in the performance of this Agreement.
3.2 GENERAL COMPLIANCE
SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U.S. Housing and Urban Development regulations conceming
Community Development Block Grants), including subpart K of these regulations, except that (I)
SUBREC!PIENT 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) SUB RECIPIENT is required to
follow the Federal procurement process; and (4) for Developers, revenue generated is not
considered program income. The COBO 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 goveming the funds provided under this Agreement. The
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 insmance, and Workers' Compensation Insurance, as the
SUBRECIPIENT is independent from the COUNTY.
3.4 AMENDMENTS
The COUNTY or SUBREC!PIENT may amend this Agreement, at any time, provided that such
amendments make specific reference to this Agreement, arc executed in writing, signed by a duly
authorized representative of each organization, and apprnved by the COUNTY'S Board. Such
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amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or
SUBRECIPIENT from its obligations under this Agreement.
The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State, or
Local governmental guidelines, policies, available funding amounts, or for other reasons, If such
amendments result in a change in the funding, scope of services, or schedule of the activities to be
undertaken as part of this Agreement, such modifications will be incorporated only by written
amendment, signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from HUD CDBG grant Funds and must be
implemented in full compliance with all of HUD's rules and regulations and any agreement
between COUNTY and HUD goveming the CDBG Funds pertaining to this Agreement. In the
event of curtailment or non-production of said Federal Funds, or the reduction of Funds awarded
by HUD to the COUNTY, to a level that the County Manager determines to be insufficient to
adequately administer the project, the financial resources necessary to continue to pay
SUBRECIPIENT all or any portion of the Funds will not be available. In either event, the COUNTY
may terminate this Agreement, which shall be effective as of the date that it is determined by the
County Manager or designee, in his/her sole discretion and judgment, that the Funds are no longer
available, In the event of such termination, SUBRECIPIENT agrees that it will not look to, nor
seek to hold the COUNTY, nor any individual member of the County Commissioners and/or
County Administration, personally liable for the performance of this Agreement, and the COUNTY
shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, SUBRECIPIENT shall indemnify and hold
harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action, which may arise out of an act or omission including
but not limited to, reasonable attorneys' and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents,
officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any
persons acting under the direction, control, or supervision of SUB RECIPIENT 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 attomey's fees) and judgments which may issue there-on. This
Indemnification shall survive the termination and/or expiration of this Agreement. This section
does not pertain to any incident arising from the sole negligence of COUNTY. The foregoing
indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in
section 768.28, Florida Statutes. This section shall survive the expiration or termination of this
Agreement.
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3,7 GRANTEE RECOGNITION/SPONSORSHIPS
SUBRECJPIENT agrees that all notices, informational pamphlets, press releases, advertisements,
descriptions of program sponsorships, research reports, and similar public notices, whether printed
or digitally prepared and released by SUB RECIPIENT for, on behalf of, and/or about the Prngram
shall include the statement:
"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY
COMMUNITY AND HUMAN SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information to the general public regarding the development
team 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 il'l'evoeable license to reproduce,
publish, or otherwise use; and to authorize others to use the work or materials for governmental
pmposes.
3.8 DEFAULTS, REMEDIES, AND TERMINATION
In accordance with 2 CFR 200.341, this Agreement may be terminated for convenience by either
the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such
termination, the effective date, and in the case of partial terminations, the portion to be terminated.
However, in the case of a partial termination, if the COUNTY determines that the remaining portion
of the award will not accomplish the purpose for which the award was made, the COUNTY may
terminate the award in its entirety. This Agreement may also be terminated by the COUNTY, if the
award no longer effectuates the program goals or grantor agency priorities.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement, in compliance with 2 CFR 200, Appendix II (A):
A. Failure to comply with any of the rules, regulations, or prnvisions referred to herein; or
such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as
may become applicable at any time.
B. Fail me, 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 ineol'J'ect or incomplete in any material
respect.
E. Submission of any false certification.
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F. Failure to materially comply with any terms of this Agreement.
G. Failure to materially comply with the terms of any other agreement between the COUNTY
and SUBRECIPIENT relating to the project.
In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any
combination of one or more of the following remedies, in compliance with 2 CFR 200, Appendix
II (B):
A. Require specific performance of the Agreement in whole or in part.
B. Require the use of, or change in, professional property 111anagement, if applicable.
C. Require SUBRECIPIENT to immediately repay to the COUNTY all CDBG Funds
received under this Agreement.
D. Apply sanctions, if COUNTY determines the111 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 ter111inated 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 the 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, and in addition to any and all other remedies available to
the COUNTY (whether under this Agreement, at law, or in equity), SUB RECIPIENT shall, at the
ti111e of termination (or expiration), immediately transfer to the COUNTY any property on hand
and any accounts receivable attributable to the use ofCDBG Funds, per 24 CFR 570.503(b)(7).
The COUNTY'S receipt of any Funds on hand at the ti111e 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 111ay dee111 necessary. Regulations regarding real property are
subject to 2 CFR 200.311 and as otherwise provided at 24 CFR 570.503(b)(7).
All progra111 assets (unexpended program income, property, equip111ent, etc.) shall revert to CHS
upon termination of this Agreement.
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3.11 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until
all required insurance, as outlined in Exhibit A and 2 CFR 200,310, has been obtained, Said
insmance shall be carried continuously during SUBRECIPIENT'S performance under the
Agreement.
3.12 ADMINISTRATIVE REQUIREMENTS
SUB RECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and
the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards (2 CFR 200 et seq.), and the Federal Regulations for the
Community Development Block Grant (24 CFR 570 et seq.).
3.13 PURCHASING
SUB RECIPIENT is required to follow Federal Procmcment standards (2 CFR 200.3 I 7 through
200.327) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing
thresholds are:
Range: Competition Required
$0 -$50,000 3 Written Quotes
$50,001+ Formal Solicitation (1TB, 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. SUB RECIPIENT shall enter into contracts with the lowest, responsible, and
qualified bidder. SUBRECIPIENT shall manage contract administration, and CHS shall monitor
the 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.
3.14 PROGRAM GENERATED INCOME
No Program Income is anticipated. However, if Program Income is derived from the use of CDBG
funds disbmsed under this Agreement, such Program Income shall be utilized by the
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
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SUBRECIPIENT activity funded by CDBG Funds shall be reported to the COUNTY through an
annual Program Income Re-use Plan, utilized by the SUBRECIPIENT accordingly, and shall
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 shall be prorated to reflect the percentage of
CDBG Funds used. If there is a Program Income balance at the end of the Program Year, such
balance shall revert to the COUNTY's Community Block Grant Program, for further reallocation.
3.15 Acquisition/Improvement of Real Property: Real property under the SUBRECIPIENT'S control
that was acquired or improved, in whole or in part, with CDBG funds shall be used to meet one of
the CDBG National Objectives pmsuant to 24 CFR 570.208, during the continued use period, as
referenced in section 3.16 (Grant Closeout Procedmes) of this Agreement. If SUBRECIPIENT
disposes of or otherwise fails to continue to use the COBO-assisted real property in a manner that
meets a CDBG National Objective, SUB RECIPIENT shall pay the COUNTY an amount equal to
the percentage of the current fair market value of the property, less any disposal costs. The basis
for such percentage shall be the percentage of the appraised value attributable to CDBG and non-
CDBG funds expended for the original acquisition of, or improvement to the property under the
terms of this Agreement. Such payment shall constitute program income to the COUNTY.
Additionally, real property under the SUBRECIPIENT'S control that was acquired or improved,
in whole or in part, with CDBG Funds shall be used to meet one of the CDBG National Objectives,
pmsuant to 24 CFR 570.208, during the continued use period as referenced in section 3.16 (Grant
Closeout Procedmes) of this Agreement. If SUBRECIPIENT sells, transfers, disposes of, or
otherwise fails to continue to use the COBO-assisted real property in a manner that meets a CDBG
National Objective, SUBRECIPIENT shall pay the COUNTY an amount equal to a percentage of
the cmrent fair market value of the property, after subtracting disposal costs. The basis for such
percentage shall be the percentage of the appraised value attributable to CDBG and non-CD BG
Funds expended for the original acquisition of, or improvement to, the property under the terms of
this Agreement. Such payment shall constitute program income to the COUNTY.
3.16 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT'S obligation to the COUNTY shall not end until all closeout requirements are
completed. SUBRECIPIENT may close out the project with the COUNTY after the five (5) year
continued use period has been met. The continued use period shall commence with the latter of the
SUBRECIPIENT meeting the National Objective or the recording of lien and/or deed restriction
documentation. Activities during this closeout period shall include but are not limited to making
final payments; disposing of program assets (including the return of all unused materials,
equipment, program income balances, and receivable accounts to the COUNTY); and determining
the custodianship of records Notwithstanding the foregoing, the terms of this Agreement shall
remain in effect during any period that SUBRECIPIENT has control over CDBG Funds, including
program income. In addition to the records retention outlined in section 2.2 (Records and
Documentation) of this Agreement, SUBRECIPIENT shall comply with section 119.021, Florida
Statutes, regarding records maintenance, preservation, and retention. A conflict between State and
Federal records retention requirements will result in the more stringent law being applied, such that
the record must be held for the longer duration. Any balance of unobligated Funds that have been
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advanced or paid must be returned to the COUNTY. Any Funds paid exceeding the amount
SUB RECIPIENT 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.
3.17 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to,
discrimination under any activity carried out by the performance of this Agreement based on race,
color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of
such discrimination, the COUNTY shall have the right to terminate this Agreement.
To the greatest extent feasible, lower-income residents of the project areas shall be given
opportunities for training and employment. Also, to the greatest extent feasible, eligible business
concems located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. SUBRECIPIENT shall comply with Section 3 of
the Housing and Community Development Act of 1968.
3.18 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS
ENTERPRISES
SUBRECIPIENT will use its best efforts to afford small businesses and minority and women's
business enterprises the maximum practicable opportunity to participate in the performance of this
Agreement. As used in this Agreement, the term "small business" means a business that meets the
criteria set fotih in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and
"minority and wo111en's business enterprise" 111eans a business that is at least 51 percent owned and
controlled by minority group members or wo111en. For the purpose of this definition, "111inority
group 111embers" are Black Americans, Hispanic Americans, Asian/PacificAmericans, Native
Americans, and Hasidic Jews. SUBRECIPIENT 111ay rely on written representations by businesses
regarding their status as minority and women's business enterprises, in lieu of an independent
investigation.
3.19 PROGRAM BENEFICIARIES
If the Agree111ent 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 111oderate-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
Agree111ent 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.
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If the project is localed 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.
3.20 AFFIRMATIVE ACTION
SUBRECIPIENT agrees that it is committed lo carrying out an Affirmative Action Program
pursuant to the COUNTY'S specifications, in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966. Prior to the award of Funds, SUBRECIPIENT shall
submit to the COUNTY for approval a plan for an Affirmative Action Program. The Affirmative
Action Program must be updated throughout the continued use period and submitted to the
COUNTY within 60 days of any update/modification. SUBRECIPIENT's contracting officer will
send to each labor union or representative of workers with which it has a collective bargaining
agreement or other contract or understanding, a notice advising the labor union or worker's
representative of SUBRECIPIENT's commitments hereunder, and shall post copies of the notice
in conspicuous places available to all employees and applicants for employment.
3.21 CONFLICT OF INTEREST
SUBRECIPIENTcovenants that no person under its employ, who presently exercises any functions
or responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree
with the performance of this Agreement; and that no person having any conflict of interest shall be
employed or subcontracted by SUBRECIPIENT. The SUBRECIPIENT covenants that it will
comply with all provisions of24 CFR 570.611 "Conflict oflnterest," 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.
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3.22 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 at1 award of $100,000 or more shall file the required certification.
3,23 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 570.200Q).
SUB RECIPIENT shall comply with First Amendment Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment and will not
limit employment or give preference in employment to persons based on religion.
B. It will not discriminate against any person applying for public services and will not limit
such services or give preference to persons based on religion.
C. It will retain its independence from Federal, State, and Local governments and may
continue to cany 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 structmes
to the extent that those structures are used for inherently religious activities. Where a
structme is used for both eligible and inherently religious activities, CDBG Funds may not
exceed the cost of those portions of the acquisition, construction, or rehabilitation that are
attributable to eligible activities, in accordance with the cost accounting requirements
applicable to CDBG Funds in this part. Sanctuaries, chapels, or other rooms that a CDBG
funded religious congregation uses as its principal place of worship, however, are ineligible
for CDBG funded improvements.
3.24 INCIDENT REPORTING
If SUBRECIPIENT provides services to clients under this Agreement, SUBRECIPENT 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.
3,25 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.
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3.26 MISCELLANEOUS
SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives,
and assigns of snch 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 se1vice 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.
SUB RECIPIENT 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.
All activities authorized by this Agreement shall be subject to and performed in accordance with
the provisions of the terms and conditions of the Agreement between the COUNTY, the
Regulations, all applicable federal, state, and municipal laws, ordinances, regulations, orders, and
guidelines, including but not limited to any applicable regulations issued by the COUNTY.
Electronic Signatures. This Agreement, and related documents entered into in connection with this
Agreement, are signed when a party's signature is delivered by facsimile, e-mail, or any other
electronic medium. These signatures must be treated in all respects as having the same force and
effect as original signatures.
3.27 WAIVER
The COUNTY'S failure to act with respect to a breach by SUBRECIPIENT does not waive its
right to act with respect to subsequent or similar breaches. The COUNTY'S failme to exercise or
enforce any right or provision shall not constitute a waiver of such right or provision.
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4.1
PARTIV
GENERAL PROVISIONS
24 CFR 570 as amended-All the regulations regarding the CDBG program
https://1vww.ccfr.gov/cgi-bin/tcxt-idx?tpl=/ecfrbrowse/Title24/24cfr570 main 02.tQ)
4.2 24 CFR 58 -The regulations prescribing the Environmental Review procedure.
hit ps :/ /1 vww. ecfr. gov/ cgi-b in/text-
idx 7S I D=I acdb92flb05c3f285dd76c26d 14f54e&mc=true&node=pt24. I .58&rgn=div5
Resource Conservation and Recovery Act (RCRA). Under RCRA codified at 42 USC 6962, state
and local institutions of higher education, hospitals, and non-profit organizations that receive direct
Federal awards or other Federal Funds shall give preference in their procurement programs funded
with Federal funds to the purchase of recycled products pursuant to the EPA guidelines.
Summary of' the Resource Conservation and Recovery Act I US hPA
4.3 Hatch Act: The SUBRECJPIENT shall comply with the Hatch Act, 5 USC 1501-1508 and shall
ensure that no funds provided, nor personnel employed under this Agreement, shall be in any way
or to any extent engaged in the conduct of political activities in violation of Chapter 15 Title V of
the USC Federal Register : Political Activity-Stale or Local Oft1cers or Employees: Federal
Employees Residing in Designated Localities; Federal Employees
4.4 Section I 04( d) and Section I 09 of Title I of the Housing and Com111unity Develop111ent Act of
1974 as amended Section 109 of the HCD Act of 1974 I HUD.gov I U.S. Department of Housing
and lM1an Development /HUD)
Section 104/d) of the Housing and Community Development Act of 1974, as amended /see 42 USC
5304(d)) -HUD Exchange
4.5 The Fair Housing Act ( 42 U.S.C. 3601-20) Reasonable Accom111odations Under the Fair Housing
Act. https://www.hud.gov/sites/docurnents/DOC 7771.PDF
https://www.iustice.gov/crt/fair-housing-act-1
Executive Order 11063 -Equal Opportunity in Housing https://www.archives.gov/federal-
register/codification/executive-order/ I I 063 .html
Executive Order 11259 -Leadership & Coordination of Fair Housing in Federal Programs
https :/ /1 vww. archives. gov if ederal-regisler/ cod ifi cation/ executive-order/ 12259. h tm I
24 CFR Part 107 -Non-Discrimination and Equal Opportunity in Housing under E.O.
hllps://www.law.comell.edu/cfr/texti24/part-I 07
Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as
amended https://www.hucl.gov/prograrnclescription/titlc6
This Agreement is subject to 24 CFR 570.60 I and 570.602. In regard to the sale, lease, or other
transfer of land acquired, cleared, or improved with assistance provided under this Agreement,
SUB RECIPIENT shall cause or require a covenant running with the land to be inserted in the deed
or lease of such transfer, prohibiting discrimination herein as defined, in the sale, lease, or rental,
or in the use or occupancy of such land, or in any improvements erected or to be erected thereon,
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providing that the COUNTY and the United States are beneficiaries of and entitled to enforce such
covenants. SUBRECIPIENT, in undertaking its obligation to carry out the program assisted
hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not
itself so discriminate.
4.6 Title IX of the Education Amendments of I 972, as amended, 20 USC 168 l, which prohibits
discrimination on the basis of sex in educational programs
Title IX Of The Education Amendments Of I 972 /iuslice.gov)
4.7 The Temporary Assistance for Needy Families Program (TANF) 45 CFR Parts 260-265, the Social
Services Block Grant 42 !SC 1397d and other applicable federal regulations and policies
promulgated thereunder.
Temporary Assistance for Needy Families I Benefits.gov
eCFR: 45 CFR Part 260 --General Temporary Assistance for Needy Families /TANF) Provisions
The Pro-Children Act: Contractor agrees to comply with the Pro-Children Act of 1994, 20 USC
6083. Pro-Children Act Of 1994 I Legislation I US Encyclopedia of law /lawi.us)
4.8 Public Announcements and Advertising: When issuing statements, press releases, requests for
proposals, bid solicitations, and other documents describing projects or programs Funded in whole
or in part with Federal money, SUBRECIPIENTshall clearly state (1) the percentage of the total
costs of the program or project which will be financed with Federal money, (2) the dollar amount
of Federal funds for the project or program, and (3) percentage and dollar amount of the total costs
ofthc project or program that will be financed by nongovermnental sources.
4.9 Purchase of American-Made Equipment and Products: SUBRECIPIENT assures that, to the
greatest extent practicable, all equipment and products purchased with funds made available under
this Agreement will be American-made.
4.10 24 CFR 570.60 I Subpart K -The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
httµs :/ /www. gpo. gov /f dsys/pkg/C FR -2007-t it le24-vo l 3 /pcl f/CF R-2007 -ti tle24-vo l3-sec57 0-
602. pclf
4.11 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086 -which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations. EO 11246:
https://www.dol.gov/agencies/ofccp/executive-orcler-I l 246/as-arnended
EO 11375 and 12086: see item #8 below
4.12 Title VII of the l 968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972, 42 USC § 2000e, et. seq. SUBRECIPIENT will, in all solicitations or advertisements for
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employees placed by or on behalf of SUBRECIPIENT, state that it is an Equal Opportunity m·
Affirmative Action employer.
Title Vll of the Civil Rights Act of 1964 I U.S. Equal Employment Opportunity Commission
(eeoc.gov)
4.13 24 CFR 75 -Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD
Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 75, and all
applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a
condition of the Federal financial assistance provided under this Agreement and binding upon the
COUNTY, the SUBRECIPIENT, and any of the SUBRECIPIENT'S Subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT and any of the SUBRECIPIENT'S subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through which Federal
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
SUBRECIPIENT fmther agrees to comply with these "Section 3" requirements and to include the
following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a program providing
direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires,
to the greatest extent feasible, opportunities for training and employment be given to low-and ve1y
low-income residents of the project area, and that contracts for work in connection with the project
be awarded to business concerns that provide economic opportunities for low-and very low-income
persons residing in the metropolitan area in which the project is located."
Section 3 requires 25 percent of the total labor hours must be worked by Section 3 workers
and 5 percent of the total labor hours must be worked by Targeted Section 3 workers. If
SUBRECIPIENT is unable to meet these benchmarks, efforts taken to meet the requirements
must be described. Examples include held job fairs, conduct on the job training, outreach
efforts to public housing residents, and connecting residents to supportive services.
SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising
in com1ection with a housing rehabilitation (including reduction and abatement of lead-based paint
hazards), housing construction, or other public construction project are given to low-and very low-
income persons residing within the metropolitan area in which the CDBG-Funded project is
located; where feasible, priority should be given to low-and very low-income persons within the
service area of the project or the neighborhood in which the project is located, and to low-and very
low-income participants in other HUD programs; and award contracts for work undertaken in
connection with a housing rehabilitation (including reduction and abatement of lead-based paint
hazards), housing construction, or other public constrnction project to business concerns that
provide economic opportunities for low-and very low-income persons residing within the
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metropolitan area in which the CD BG-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.
hltps:/lwww.hud.gov/sites/docu111e11ts/DOC 1204 7.PDF
SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would
prevent compliance with these requirements.
h ttps :llwww.ecfr.gov I curren tlti tie-24/su bti t I e-Alpart-7 5
4.14 SUBRECIPIENT shall not assign or transfer any interest in this Agreement without the prior
written consent of the COUNTY thereto; provided, however, that claims for money due or to
become due to SUBRECIPIENT from CHS under this Agreement may be assigned to a bank, trnst
company, or other financial institution without such approval. Notice of any such assigmnent or
transfer shall be furnished promptly to CHS,
4.15 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12!07, and 12086.
Age Discrimination Act of 1975
h ttps :/ lwww, law, cornet I, ed u/uscodeltextl 4 2/ch apter-7 6
11246: hltps:/lwww.dol.gov/ofccp/regslstatutes/eo 11246.htm
11375: Amended by EO 11478
114 78: hltps://www.arch ives, gov /federal-register/codification/executive-order/ 114 78.htm I
12107: https ://www .archives.gov/federal-register/codification/executive-order/ 12107 .html
12086: https:/ /www.archives.gov/federal-registerlcod i licationlexecutive-order/ 12086.htrnl
4.16 Contract Work Homs and Safety Standards Act, 40 USC 327-332.
https://1vww.dol.gov/whd/regs/statutes/safe0 l .pdf
4.17 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570,614 Subpart K.
Section 504: https:1/www,epa,gov/ocr
29 USC 776: https://law,onecle,com/uscodc/29/776.html
24 CFR 570,614: https:llwww,law,cornell.edu/cfr/text/24/570.614
4.18 The Americans with Disabilities Act of 1990:
https:/ /ww, v, h ud, gov /h ud programs/ eo h udap
4.19 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended,
https:/ lwww. fhwa.dot,govlreal estate/uni fol'm act/index,cfo1
4.20 29 CFR Parts 3 and 5 -Regulations that prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all
constrnction contracts funded by CDBG,
Davis-Bacon Act: 42 USC 276a to 40 USC 276a:
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h ttps ://uscode.ho use. gov/view .xhtm I ?reg =gran u I ei d: USC-I 999-t it I e40-sccti 0112 7 6a-
7 &nu m =0&ed i ti on= 1999
29 CFR Part 3 -Contractors and Subcontractors on public building or Public Work Financed, in
whole or in part, by Loans or Grants from the United States
h ttps :/ /1 vww. I aw. cornel I. ed u/ efr/text/29 /part-3
29 CFR Part 5 -Labor Standards Provisions Applicable to Contracts Covering Federally Financed
and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract
Work Hours and Safety Standards Act)
h ttps :/ /1 vww. I aw. cornel I .ed u/ c fr/texl/29 /part -5
Executive Order 11914 -Prohibits discrimination with respect to the handicapped, in federally
assisted projects. https://w1vw.presidency.ucsb.cdu/ws/index.php?pid=23675
4.21 As a supplement to the Davis-Bacon Act requirements, the SUBRECIPIENT agrees to comply with
the "Copeland Anti-Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or
subcontractors from inducing an employee to relinquish any pa1t of his/her compensation, under
the federally-funded contract.
18 U.S.C. 874 https://www.govinfo.gov/conlent/pkg/USCODE-2010-title [ 8/pdf/USCODE-20 I 0-
title 18.pdf
40 U.S.C. 276c https://uscodc.house.gov/view.xhtml?reg=granuleid:USC-l 999-title40-
section276c&num=0&edition= 1999
4.22 Executive Order I 1625 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
prngram for minority business enterprise.
h ttps ://www. archives. gov /federal-register/ cod i fie at ion/ execu ti ve-o rder/ I 1625 .htrn I
4.23 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as
revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of
the Housing and Community Development Act (HCDA) are still applicable.
24 CFR 570.607:
h ttps :/ /www.ecfr.gov/ cgi-b in/text -
idx'?SID=9eae3f8eaa99 I t1l41 I f383b74003bcb I &rnc=true&node=pt24.3.570&rgn=div5#se24.3.5
70 1607
E.O. I 3279: http://www.fedgovco11lracts.com/pe02-96.htm
4.24 Public Law 100-430 -the Fair Housing Amendments Act of 1988.
https://www. ncbi .n Im. n i h.gov/pubmed/ 12289709
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4.25 2 CFR 200 et seq -Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
bttps:/lwww.ecfr.gov/cgi-binltcxt-idx?tpl=/ecfrbrowsc/Title02/2cfr200 main 02.tpl
4.26 2 CFR 200.216 -Prohibition on certain telecommunications and video surveillance services or
equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or
grant funds to: 1) procure or obtain; 2) extend or renew a contract to procure or obtain; 3) enter into
a contract ( or extend or renew a contract) to procure or obtain equipments, services, or systems that
use(s) covered telecommunications equipment or services as a substantial component of any
system, or as critical technology as part of any system.
4.27 Immigration Reform and Control Act of 1986
S.1200 -99th Congress ( 1985-1986): Immigration Reform and Control Act of 1986 I
Congress.gov I Library of Congress
4.28 Prohibition of Gifts to COUNTY Employees -No organization or individual shall offer or give,
either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any
COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311.
Florida Statutes-
https:/lwww.lawserver.com/law/state/l10rida/statutes/l10rida statutes chapter 112 part iii
Collier County-
http://www.coll iergov .nctlhomelshowdocument?id=35 I 3 7
4.29 Order of Precedence -In the event ofany 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.
4.30 Venue -Any suit of action brought by either party to this Agreement against the other party, relating
to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in
Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required
for this item),
4.31 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 eff01t 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
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certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under section 44.102,
Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County,
Florida, if in state court; and the US District Court, Middle District of Florida, if in federal court.
BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
https://www.flsenale.gov/Laws/Statutes/2012/44.102
4.32 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. https://www.govinfo.gov/content/pkg/USCODE-
20 I 0-title42/html/USCODE-20 I 0-title42-chap85.htm
https://www.law.comell.edu/uscode/text/42/chapter-85
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.govinfo.gov/content/pkg/USCODE-20 I l -title33/pdttUSCODE-20 I I -title3 3-
chap26.pdf
htt ps :/ /www. law. come 11. ed u/uscode/text/3 3 /chapter-26
4.33 In accordance with the requirements of the Flood Disaster Protection Act of 1973 ( 42 USC 4002
and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an
area identified by FEMA as having special flood hazards, flood insurance under the National Flood
Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA)
may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said
flood insurance.
https :/ /www. I aw. corn el I. ed u/ cfr/tcxt/24/ 5 7 0. 605
4.34 SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this Agreement shall be subject to the HUD Lead-Based Paint Poisoning
Prevention Act, found at 24 CFR 570.608, Subpart K. Lead-Based Paint -HUD Exchange
4.35 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 CPR Part 800, Advisory Council on Historic Preservation Prncedmes for Prntection of
Historic Properties, insofar as they apply to the performance of this Agreement.
https :/ /1 vww. achp. gov Is i tes/ cl e fau I t/fi I eslregu lat i ons/20 I 7-02/rcgs-rev04. pd f
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic prnperties that are fifty years old or older or that are
included on a Federal, State, or Local historic prnperty list.
4.36 SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with the
Drug-Free Workplace Act of 1988 (41 USC 701).
https:/lwww.gpo,gov/fdsys/granule/USCODE-2009-title4 I /USCODE-2009-title41-chap IO-
sec70 I
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4.37 SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and the SUBRECIPIENT shall not knowingly
enter into any lower tier contract, or other covered transaction, with a person who is similarly
debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609,
Subpart K.
h tt ps :/ lwww. archives. gov I fed era!-register/ codification/ execu ti v e-orderl 12 54 9 .htrn I
4.38 SUBRECIPIENT agrees to comply with the following 0MB 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.
4.39 Single Audits shall be conducted annually, in accordance with 2 CFR 200.50 I, 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 SUB RECIPIENT'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.
htt ps :I /www.ecfr.gov/ cgi-b in/text-
idx?S JD-5a 78ad defff9a535 e83fed3010308aef&mc=true&node=sc2. I .200 I 344&rgn=div8
Any real property acquired by the SUB RECIPIENT for the purpose of canying 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 24.10 I, 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 of24 CFR 570.606 e
governing the Residential Anti-displacement and Relocation Assistance Plan under section 104( d)
of the HCD Act; and the requirements in 24 CFR 570.606 (d) governing optional relocation
policies. SUBRECIPIENT shall provide relocation assistance to displaced persons as defined by
24 CFR 570.606 (b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition,
or conversion for a CDBG assisted project. SUBRECIPIENT also agrees to comply with applicable
COUNTY ordinances, resolutions, and policies concerning the displacement of persons from their
residences.
https://www.gpo.govifdsys/granule/CFR-l 999-title49-vol liCFR-l 999-title49-vol l-sec24-IO I
https :/lwww.govinfo.gov/app/details/CFR-20 I 2-title24-vol3/CFR-20 l 2-title24-vol3-see570-505
4.40 As provided in§ 287.133, Florida Statutes, by entering into this Agreement or performing any work
in furtherance hereof, the SUB RECIPIENT certifies that it, its affiliates, suppliers, subcontractors,
and consultants who will perform hereunder, have not been placed on the convicted vendor list
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maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.
This notice is required by§ 287.133 (3) (a), Florida Statutes.
http://www. leg.state. fl. us/S tatutes/index.cfm? A pp mode=Display Statute&Semch String=&\ JR
L=0200-0299/0287 /Sections/0287. 133 .htm I
4.41 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 ofany Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions. The undersigned shall require that the language of
this certification be included in the award documents for all sub-awards at all tiers (including
subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all
SUBRECIPIENTS shall certify and disclose accordingly.
4.42 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem
rates in effect at the time of travel. SUBREC!PIENT shall obtain written approval from CHS for
any outside travel outside the metropolitan area with funds provided under this Agreement.
https://www.gsa.gov/portal/content/ I 04877
4.43 Equal access in accordance with the individual's gender identity in community planning and
development programs, per 24 CFR 5.106.
https://www.govregs.com/regulations/expand/titlc24 part5 subpartA section5. I 06
4.44 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. 170 Ix, per 24 CFR 5. 1 11.
cCFR: 24 CFR Part 214 Subpart D --Program Administration
https://www.law.cornell.edu/cfr/text/24/5.111
4.45 HUD Final Rule -Implementation of the Violence Against Women Reauthorization Act of 2013
which applies for all victims of domestic violence, dating violence, sexual assault, and stalking,
regardless of sex, gender identity, or sexual orientation, and which must be applied consistent
with all nondiscrimination and fair housing requirements.
https://www.federalregister.gov/documents/2016/l 1/16/2016-25888/violence-against-women-
reau thori zati on-act-of--20 13-i mp I emen tati on-i n-hud-hous i ng-programs
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4.46 Any rule or regulation determined to be applicable by HUD.
4.47 Florida Statutes section 448.095 Employment Eligibility. Per Florida Statute 448.095(3), all Florida
private employers are required to verify employment eligibility for all new hires beginning January
1, 2021. Eligibility determination is not required for continuing employees hired prior to January
1, 2021.
http://www. leg.state. fl. us/statutes/index.ciin? App mode=Display Stalute&URL=0400-
04 99/044 8/0448. htrn I
4.48 Florida Statutes section 713.20, Part 1, Construction Liens
Statutes & Constitution :View Statutes: Online Sunshine (state.fl.us)
4.49 Florida Statutes section 119.021 Records Retention
Statutes & Constitution :View Statutes: Online Sunshine /state.fl.us)
4.50 Florida Statutes section 119.071, Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfm? App rnocle=Display Statute&URL=0 I 00-
0199/0119/Sections/0119.071.html
4.51 Limited English Proficiency: SUBRECIPIENT agrees to take reasonable steps to provide
meaningful access to the program/project and activities funded under this Agreement for persons
with limited English proficiency pursuant to information located at http://www.lep.gov.
4.52 Equal Treatment of Faith-Based Organizations: By regulation, HUD prohibits all recipient
organizations from using financial assistance from HUD to fund explicitly religious activities. The
SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see
https://oip.gov/about/ocr/pattnerships.htm. Discrimination on the basis of religion in employment
is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on
a case-by-case basis to allow some faith-based organizations to receive HUD funds while taking
into account religion when hiring staff. Questions in this regard should be directed to the Office for
Civil Rights.
4.53 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records
in the employment context, except when specifically authorized. SUBRECIPIENT agrees to avoid
the misuse of anest or conviction records to screen applicants for employment or employees for
retention or promotion that may have a disparate impact based on race or national origin, resulting
in unlawful employment discrimination unless use is otherwise specifically authorized by law. See
https://oip.gov/about/ocr/pdfs/UseofConviction Advisory.pdffor more details.
4.54 Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352): The SUB RECIPIENT will not use and has
not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of Congress
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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 ils 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.
4.55 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any
credible evidence that a principal, employee, agent, conlraclor, 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 § I 00 I -
Statements or entries generally I U.S. Code I US Law I Lil/ Legal Information Institute /cornell.eclu)
Beneficiaries are subject to this False Claims Act that include the following: 3 I lJ .S.C. 3729 -False
claims -Document in Context -USCODE-20 I 0-title31-subtitlelll-chap37-subchaplll-scc3729
(govinfo.gov)
31 U.S. Code § 3729 -False claims I U.S. Code I US Law I Lil / Legal Information Institute
(cornell.eclu)
4.56 Political Activities Prohibited: None of the funds provided directly or indirectly under this
Agreement shall be used for any political activities or to further the election or defeat of any
candidates for public office. Neither this Agreement nor any funds provided hereunder shall be
utilized in support of any partisan political activities or activities for or against the election of a
candidate for an elected office.
4.57 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving," 74 Federal Register 51225 (October I, 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.
4.58 Trafficking in Persons: SUBRECIPIENT agrees to, at any tier, comply with all applicable
requirements (including requirements to report allegations) pertaining to prohibited conduct related
to the trafficking of persons, whether on the part of the SUBRECIPIENT and any employees of
SUBRECIPIENT. The details of SUBRECIPIENT'S obligations related to prohibited conduct
related to the trafficking of persons are posted at:
h ttps :// o j p. gov/funding/Exp I ore/Prall i bi tedCond uct-Tra ft1 ck i ng. h tm.
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4.59 Association of Community Organizations for Reform Now (ACORN): SUBRECIPIENT
understands and acknowledges that it cannot use any Federal Funds, either directly or indirectly, in
support of any contract or subaward to either ACORN or its subsidiaries, without the express prior
written approval of OJP,
4.60 If SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment, or performance of experimental,
developmental, or research work under this funding agreement, SUBRECIPIENT must comply
with the requirements of 3 7 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations
and Small Busines Firms Under Government Grants, Contracts, and Cooperative Agreements," and
any implementing regulations issued by HUD.
https://,vww.ecfr.gov/cgi-
bin/retrieveECFR ?gp=&SJD-a004b6bf20934ace7a717de76 I dc64c0&rnc=true&n=pt37.I.401 &r
=PART&ty=HTML
4.61 ENTIRE AGREEMENT This Agreement constitutes the entire agreement between COUNTY
and SUBRECIPIENT for the use of Funds received under this Agreement and it supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral, or written
between COUNTY and SUBRECJPIENT with respect to this Agreement.
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IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an
authol'ized pel'son or agent, hereunder set their hands and seals on the date first written above.
71];:~
Witness # I Signature
Li{Lt e ftiUneg
Witness 112 Printed Name
Approved as to form and legality:
Q.,,,LO~~~
DereD. Peny Y \J
Assistant County Attorney
Date: JU L '7
AS TO COUNTY:
BOARD OF
COLLIERC
By:-::::,,:-;-/,,~~~;;:::;,;~
Wll
Date: :S lJ N ~ 7& ) Ul 1--Z..
AS TO SUBRECIPIENT:
THE SHELTER FOR ABUSED WOMEN &
CHILDREN, INC.
By;, ___________ _
Linda Oberhaus, Chief Executive Officer
Date:_C:_~_,,6_~_.Z_;;; ______ _
[Please provide evidence of signing authority]
2022.06.02
17:23:50-04'00'
, (22-SOC-00912/1723784/IJ THBSHBLTHR 1101l ADUSBD WOMEN & CHILDRBN, INC.
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PARTY
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insmance
coverage that meets the requirements as outlined below:
I. 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 oflnsurance 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
occmrence/$1,000,000 aggregate providing for all stuns which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out of the
services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this Agreement. This insurance shall be maintained for a period of two (2) years
after the certificate of Occupancy is issued,
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in I -4 above, the SUBRECIPIENT shall provide, or cause its
Subcontractors to provide, original certificates indicating the following types of insurance coverage prior
to any constrnction:
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. 400 !),
the SUBRECIPIENT shall assme that for activities located in an area identified by the Federal
Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under
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the National Flood Insurance Program is obtained and maintained, as a condition of financial
assistance for acquisition or constrnction purposes (including rehabilitation),
OPERA TI ON/MANAGEMENT PHASE (IF APPLICABLE)
After the Constmction Phase is completed and occupancy begins, the following insurance must be kept in
force throughout the duration of the loan and/or Agreement:
7. Workers' Compensation as required by Chapter 440, Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of $1,000,000 per occmrence 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 Injmy and Property Damage,
I 0. Property Insurance coverage on an "All Risk" basis, in an amount not less than one hundred ( I 00%)
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 stmcture(s) or the maximum amount of coverage available through the
National Flood Insurance Program (NFJP). The policy must show Collier County as a Loss Payee
A.T.l.M.A.
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EXHIBIT B
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SUB RECIPIENT Name: The Shelter for Abused Women & Children, Inc.
SUBRECIPIENT Address: PO Box 10102, Naples, FL. 34101
Project Name: Design and installation of a new roof-Phase I and/or Phase II
Project No: CD22-02 _ Payment Request#
Total Payment Minus Retainage
Period of Availability: October 1, 2022 through April 30, 2024
Period for which the Agency has incurred the indebtedness
SECTION II: STATUS OF FUNDS
through
Subrecipient CHS Approved
I. Grant Amount Awarded $ $
2. Total Amount of Previous Requests $ $
3. Amount of Today's Request (Net ofRetainage, if $ $
annlicable)
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. To the best ofmy knowledge and belief,
all grant requirements have been followed.
Signature
Title
Authorizing Grant Coordinator
Supervisor (Approval required $14,999 and
below)
Date
Authorizing Grant Accountant
Division Director (Approval Required
$15,000 and above)
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EXHIBITC
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 (I 0)
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: The Shelter for Abused Women Date:
& Children, Inc.
Project Title: CD22-02 Roof Replacement-Phase I !DIS#:
and /or Phase II
Prm1:ram Contact: Linda Oberhaus Telephone Number: 239-775-3862
Activitv Reoortine Period Renart Due Date
October 1st -December 31 st Janumv 10 1h
J anuarv 1st -I'vlarch 31 st Anril 10 th
Anril 1st -June 30th Julv 10 th
Julv !st -Seotember 30th October I 0th
REPORT FOR QUARTER ENDING: (check one that applies to the corresponding grant period):
12/31 /22 3/31/23 6/30/23 9/30/XX Final XX/XX/XX
Please note: The HUD Program year begins October I, 2022-September 30, 2024. Each quarterly report must include
cumulative data beginning from the start of the nroeram vear October 1, 2022.
I. Please list the outcome goal(s) from your approved application and SUBRECIPIENT Agreement and indicate your
nmP-ress in meeting those goals since October l, 2022.
a. Outcome Goals: list the outcome goal(s) from vom annroved annlication and SUBRECIPIENT Agreement
Outcome 1: Design and installation of a new roof, Phase I and/or Phase II to include but not limited to permits,
fees, materials, installation, desi2:11 and construction related costs or fees.
Outcome 2: Document achievement of the LMC National Objective.
Outcome 3: Procurement/Bid Packa!!e completed and submitted for review.
b. Goal Pro2:ress: Indicate the nro2:ress to date in meeting each outcome 2:oal.
Outcome 1:
Outcome 2:
Outcome 3:
2. Is this project still in compliance with the original J)roject schedule: Yes D No 0
IfNo, Exnlain:
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 (continuino-\ to this service or benefit?
b. .. .now have imoroved access to this service or benefit?
c. ... now receive a service or benefit that is no Ion!!er substandard?
Total
r 4. What f\mdino somces did the SUBRECIPIENT annlv for this eriod?
Section 108 Loan Guarantee $ CDBG $
Other Consolidated Plan Funds $ HOME $
Other Federal Funds $ ESG $
$ HOPWA $
$ Total Entitlement $
[22-SOC-009 l 2/l 723784/l]
CD22-02
THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC.
RoofReplacerncnt"Phase I and/or II Page 41
0
0
0
0
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5.
6.
17.
8.
Funds
What is the total number ofUNDUPLICATED Persons (LMC) or Households (LMH) served this QUARTER, if
applicable? Answer question Sa or Sb; NOT both
For LMC activities: people, race/ethnicity, and income data are reported by persons.
For LtvlH activities: households, race/ethnicity, and income level are reported by households, regardless
the number of nersons in the household.
a. Total No. Persons/Adults 0 Total No. persons se1ved under 18 0
served ILMC) ILMC)
Ouarter Total No. of Persons 0 Ouarter Total No. of Persons 0
b. Total No. of Households 0 Total No. of female head of household 0
served (LMH)
What is the total number of UNDUPLICA TED clients se1ved since October, if applicable?
Answer question 6a or 6b, NOT both
For LMC activities: race/ethnicitv and income data are renorted bv nersons.
a. Total No. Persons/Adults 0 Total No. Persons served under 18 0
served ILMC) ILMC)
YTD Total: 0 YTD Total 0
b. Total No. Households 0 Total No. female head of household (LMH) 0
served ILMH)
YTDTotal 0 YTD Total 0
Complete EITHER question 7 or 8, NOT both
Complete question 7a and 7h if your program only serves clients in one or more of the listed HUD Presumed
Benefit cateP-ories.
PRESUMED BENEFICIARY DATA ONLY:
/LMC) Ouarter
Indicate the total number of UNDUPLICATED persons
served this quarter who fall into each presumed benefit
catego1y (!he Iola/ should equal the total in question #6a
or 6bl:
a Presumed Benefit Activities Onl· ILMC) OTR
0 Abused Children ELI
0 Homeless ELI
Person
0 Migrant Farm LI
Workers
0 Battered LI
Snouses
0 Persons LI
w/HIV/AIDS
0 Elderly Persons LI 01·MOD
0 Illiterate Adults LI
0 Severely LI
Disabled Adults
0 Quarter Total
Indicate the total number ofUNDUPLICA TED persons
served this uarter who fall into each income cate or
PRESUMED BENEFICIARY DATA ONLY
(LMC) YTD
Indicate the total number of UNDUPLICATED
persons served since October 1 who fall into each
presumed benefit categ01y (the total should equal the
to/a/ in auestion #6a or 6b):
b Presumed Benefit Activities Onlv ILMC) YTD
0 Abused Children ELI
0 Homeless Person ELI
0 Migrant Farm Workers LI
0 Battered Spouses LI
0 Persons w/HIV / AIDS LI
0 Elderly Persons LI or
MOD
0 Illiterate Adults LI
0 Severely Disabled Adults LI
0 YTD Total
Other Beneficiar Data: Income Ran e
Indicate the total numberofUNDUPLICATED
ersons served since October 1 YTD who fall into
[22-SOC-00912/1723784/l]
CD22-02
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Roof Replacement-Phase I and/or IJ Page 42
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(the total should equal the total in question #6): l each income category (the total should equal the total
in auestion #6):
a ELI Extremely Low 0 b ELI Extremely Low 0
Income (OM30%) Income f0M30%)
LI Low Income (31 R 0 LI Low Income 0
50%)
MOD Moderate Income 0 MOD Moderate Income 0
151-80%) (51-80%)
NON-L/lvl Above Moderate 0 NON-LIM Above Moderate 0
Income 1>80%'1 Income (>80%)
Quarter Total 0 YTDTotal 0
I 9. Is this project in a Low/Mod Area (LMA)? YES l l NO I
Was project completed this quarter? YES l l NO I Jjyes, complete all of this section 9.
Date project completed
Block Group Census Tract Tota! Beneficiaries Low/Mod Low/Mod Percentage Beneficiaries
0 0 0 0 0
Date LMA Narrative approved by CHS?
What documentation supports project completion? (i.e.,
Cetiificate of Completion or Cetiificate of Occupancy,
etc.>
10. Racial & Ethnic Data (if ann!icable)
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 catego,y. In
category. In addition to each race catego1y, please addition to each race category please indicate how many
indicate how many pel'sons in each race category persons in each race category consider themselves
consider themselves Hispanic. (Total Race column Hispanic. (J'olcll Race column should equal the total in
should enual the total in nuestiou 6.) auestiou 6.)
a. RACE ETHNICITY b. RACE ETHNJCITY
/HISPANIC /HISPANIC
White 0 0 White 0 0
Black/Africrm 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 MultiRracial 0 0 Other MultiRracial 0 0
0 0 0 0
I hereby certify the above information is trne and accurate.
Name: _________________ _
Signature: _______________ _
Title: _________________ _
Your typed name hern represents your electronic signature
[22-SOC-00912/1723 784/1]
CD22---02
RoofReplacemcnt~Phase I and/or II
THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC.
Page43
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EXHIBITC-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 SUBREClPIENT's application.
Subrecipient Name: The Shelter for Abused Women & Children, Inc.
Report Period:
Fiscal Year:
Contract Number: CD22-02
Program: CDBG
Contact Name:
Contact Number:
Leveraged Funds
See EXAMPLE below for how to complete this form,
Source
Total Project Cost
Source
CDBG
HOME
Private Donation
Philanthropic
Total Project Cost
[22-SOC-0091211723 78411 J
CD22--02
Roof Replacement-Phase I and/or II
Amount Type Use
Ratio:
EXAMPLE
Amount Type Use
$1,000,000 Other Federal Land Acquisition
Funds
$870,000 Federal Funds Infrastructure
$1,200,000 Cash & In-Kind Infrastructure
$3,500,000 Cash -local funds 52 units Affordable Housing
$6,570,000 Ratio: $1 Federal Dollar $2.51 Local
Funds
Signature Page to Follow
THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC.
Page 44
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Packet Pg. 1409 Attachment: CD22-02-Shelter for Abused Women & Children-New Roof-Fully Executed (26309 : SAWCC Design and Installation of Roof)
I hereby certify the above information is true and accurate,
Signature:
Printed Name:
Title:
Your typed name here represents your electronic signature.
Date:
[22-SOC-00912/1723 784/1]
CD22--02
THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC.
Roof Replacement-Phase 1 and/or II Page 45
16.D.1.a
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EXHIBITD
INCOME CERTIFICATION
INSTRUCTIONS
Complete this form and retain appropriate supporting documentation proving CDBG assistance
to an eligible beneficiary. Please retain in your organization's records and have on hand for
future monitoring visits.
Effective Date: _________ _
A. Household Information
Member Names -All Household Members Relationship
1
2
3
4
5
6
7
8
B. Assets: All Household Members, Including Minors
Member Asset Description Cash Value
1
2
3
4
5
6
7
8 0.00
Total Cash Value of Assets B(a) 0.00
Total Income from Assets Bib,
If line B(a) is greater than $5,000, multiply that amount by the rate specified
by HUD (applicable rate O .06%) and enter results in B(c), otherwise leave
blank.
122-SOC-00912/1723784/l]
CD22-02
Roof Replacement-Phase l and/or II
Blc1
THE SHELTER FOR ADUSED WOMEN & CHILDREN, INC.
Age
Income
from Assets
0.00
Page 46
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Packet Pg. 1411 Attachment: CD22-02-Shelter for Abused Women & Children-New Roof-Fully Executed (26309 : SAWCC Design and Installation of Roof)
C. Anticipated Annual Income: Includes Unearned Income and Support Paid on
Behalf of Minors
Member Wages/ Benefits/ Public Other Asset
Salaries Pensions Assistance Income Income
(include tips,
commissions, (Enter the
bonuses, and greater of
overtime) box B(b) or
1 box B(c),
2 above, in
3 box C(e)
4 below)
5
6
7
8
Totals (a) (b) (c) (d) (e)
0.00 0.00 0.00 0.00
Enter total of items C(a) through C(e). 0.00
This amount is the Annual Anticinatecl Household Income.
D. Recipient Statement: The information on this form is to be used to determine maximum
income for eligibility. I/we have provided, for each person set forth in Item A, acceptable
verification of current and anticipated annual income. I/we certify that the statements are true
and complete to the best of my/our knowledge and belief, and are given under penalty ofpe1jury.
WARNING: Florida Statutes Chapter 817, 18 U.S.C. § 1001 and 31 U.S.C. § 3729 provides that
willful false statements or misrepresentations concerning income and assets or liabilities relating to
financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment
provided under Sections 775.082 and 775.083, Florida Statutes. 31 U.S.C. 3729 -False claims -
Document in Context -USCODE-20 I 0-title3 1-subtitlell 1-chap37-subchaplll-sec3 729 (govinfo.gov)
Signature of Head of Household
Signature of Spouse or Co-Head of Household
Adult Household Member (if applicable)
Adult Household Member (if applicable)
[22-SOC-00912/172378411]
CD22-02
Roof Replacement-Phase I and/or II
THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC.
Date
Date
Date
Date
Page47
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Packet Pg. 1412 Attachment: CD22-02-Shelter for Abused Women & Children-New Roof-Fully Executed (26309 : SAWCC Design and Installation of Roof)
E. CDBG Grantee Statement: Based on the representations herein, the family or individual(s)
named in Item A of this Income Certification is/are eligible under the provisions of the
CDBG Program. The family or individual(s) constitute(s) a:
D 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 ofVLI) 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$. ____ _]
D Very Low-Income (VLI) Household means and individual or family whose annual income does
not exceed 50 percent of the area median income as determined by the U.S. Department of Housing
and Urban Development with adjustments for household size.
(Maximum Income Limit$. _____ _,
D Low-Income (LI) Household means and individual or family whose annual income does not
exceed 80 percent of the area median income as determined by the U.S. Department of Housing
and Urban Development with adjustments for household size.
(Maximum Income Limit $. _____ ~
Based on the ________ (year) income limits for the Naples-Marco Island Metropolitan
Statistical Area (MSA) of Collier County, Florida.
Signature of the CDBG Administrator or His/Her Designated Representative:
Signature Date
Printed Name Title
F Honsebold Data
Number of Persons
By Race/ Ethnicity B Aµe
American Native Other
Indian Asian Black Hawaiian or White 0-25 26 --40 41-61 62+
Other Pac.
Islander
Hispanic
Non-
Hispanic
NOTE: Jnformalion concerning the race or ethnicity of the occupants is being gathered for s/alislica/
use only. No ben~ficia,y is required to give such infor111ation, and refi1sa/ to give such infor111atio11
will not affect any right he or she has to the CDBG program.
[22-SOC-00912/1723784/l]
CD22--02
Roof Replacement~Phase l and/or II
THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC,
Page 48
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EXHIBITE
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of federal awards to determine if
subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires
that all appropriate documentation is provided regarding the organization's compliance. In determining Federal
awards expended in a fiscal year, the subrecipient must consider all sources of Federal awards, based on when
the activity related to the Federal award occurs, including any Federal award provided by Collier County. The
determination of amounts of Federal awards expended shall be in accordance with the guidelines established by
2 CFR Part 200, Subpart F -Audit Requirements. This form may be used to monitor Florida Single Audit Act
/Statute 215.97\ rec uirements.
Subrecipient The Shelter for Abused Women & Children, Inc. Name
First Date of Fiscal Year (MM/DDNY) Last Date of Fiscal Year (MM/DDNY)
Total Federal Financial Assistance Expended Total State Financial Assistance Expended during
durina most recentlv comoleted Fiscal Year most recentlv comoleted Fiscal Year
$ $
Check A. or B. Check C if applicable
A. The federal/stale expenditure threshold for our fiscal year ending as indicated above has been
□ met, and a Single Audit as required by 2 CFR Part 200 Subpart F has been completed or will be
completed by . Copies of the audit report and management letter are attached
or will be provided within 30 davs of comoletion.
B. We are not subject to the requirements of 0MB 2 CFR Part 200, Subpart F because we:
□ Did not exceed the expenditure threshold for the fiscal year indicated above
□ □ Are a for-profit organization
□ Are exempt for other reasons -explain
An audited financial statement is attached and if applicable, the independent auditor's
manaQement letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit report. While we
□ understand that the audit report contains a written response to the finding(s), we are requesting
an updated status of the corrective action(s) being taken. Please do not provide just a copy of
the written response from your audit report, unless it includes details of the actions, procedures,
oolicies, etc. imolemented and when it was or will be imolemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature I Date
I
Print Name and Title
06/18
[22-SOC-00912/172378411] THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC.
CD22--02
Roof Replacement-Phase I and/or II Page 49
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[23-SOC-01074/1808523/1] The Shelter for Abused Women and Children, Inc.
CD22-02
Roof Replacement-Phase I and/or Phase II Page 1
FAIN # B-19-UC-12-0016
B-20-UC-12-0016
B-21-UC-12-0016
B-22-UC-12-0016
Federal Award Date 10/2022
Federal Award Agency HUD
CFDA Name Community Development
Block Grant
CFDA/CSFA# 14.218
Total Amount of
Federal Funds Awarded
$587,206.00
$765,557.00
Subrecipient Name The Shelter for Abused
Women & Children, Inc.
UEI# FKA1VKEREQF4
FEIN 59-2752895
R&D NA
Indirect Cost Rate NA
Period of Performance October 1, 2022 – April
30, 2024
Fiscal Year End 6/30
Monitor End: 6/2029
FIRST AMENDMENT TO
AGREEMENT BETWEEN COLLIER COUNTY, FLORIDA
AND
The Shelter for Abused Women & Children, Inc.
CDBG Grant Program – Construction/Rehabilitation
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”)
having its principial address at Tamiami Trail East, Naples FL 34112, and The Shelter for Abused
Women & Children, Inc. (“SUBRECIPIENT”), a private non-profit organization having its
principal office at P.O. Box 10102, Naples, FL 34101
RECITALS
WHEREAS, on June 22, 2021, Agenda Item No. 16.D.4, the COUNTY entered into an
Agreement with the United States Department of Housing and Urban Development (HUD) to
administer the Community Development Block Grant (CDBG) Construction and Rehabilitation
Program in certain areas of Collier County, pursuant to Title 1 of the Housing and Community
Development Act of 1974 (as amended); and
WHEREAS, the Board of County Commissioners of Collier County, Florida (“Board”)
approved the Collier County Consolidated Plan – One-year Action Plan for Federal Fiscal Year
CAO
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Packet Pg. 1415 Attachment: [1808523] SAWCC CD22-02 First Amendment -DDP Cert (26309 : SAWCC Design and Installation of Roof)
[23-SOC-01074/1808523/1] The Shelter for Abused Women and Children, Inc.
CD22-02
Roof Replacement-Phase I and/or Phase II Page 2
2022-2023 for the CDBG Program with Resolution 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, and June 25, 2022; and
WHEREAS, on June 28, 2022 (Agenda Item No. 16.D.4)., The COUNTY entered into an
Agreement for awarding a Community Development Block Grant (CDBG) Program to Shelter for
Abused Women & Children, Inc; and
WHEREAS, the parties wish to increase the project budget to cover the rising cost of
construction and installation; and
NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable
consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the parties
agree to amend the Agreement as follows.
Words Struck Through are deleted; Words Underlined are added.
PART 1
SCOPE OF WORK
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards
required as a condition of providing CDBG assistance as provided herein and, as determined by
Collier County Community and Human Services (CHS) Division, perform the tasks necessary to
conduct the program as follows:
Project Name: Design and Installation of New Roof-Phase I and/or Phase II
Description of Project/Outcome: CHS, as an administrator of the CDBG program, will
make available CDBG FY 2019-2020, 2020-2021, 2021-2022 and, 2022-2023 funds up to the
gross amount of $587,206.00 $765,557.00 to The Shelter for Abused Women & Children, Inc. to
fund the design and replacement of the facility roof. The project may be completed in phases as
funding is available and funds may be used in all or part of each phase.
* * * * *
[Space Intentionally Left Blank]
CAO
16.D.1.b
Packet Pg. 1416 Attachment: [1808523] SAWCC CD22-02 First Amendment -DDP Cert (26309 : SAWCC Design and Installation of Roof)
[23-SOC-01074/1808523/1] The Shelter for Abused Women and Children, Inc.
CD22-02
Roof Replacement-Phase I and/or Phase II Page 3
1.2 PROJECT DETAILS
A. Project Description/Project Budget
Description Federal Amount
Project Component 1: Design and installation
of a new roof, Phase I and/or Phase II to
include but not limited to permits, fees,
materials, installation, design, and
construction related costs or fees.
$587,206.00
$765,557.00
Total Federal Funds: $587,206.00
$765,557.00
* * * * *
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available FIVE HUNDRED EIGHTY-SEVEN THOUSAND
TWO HUNDRED AND SIX DOLLARS AND ZERO CENTS ($587,206.00) SEVEN
HUNDRED SIXTY-FIVE THOUSAND, FIVE HUNDRED FIFTY-SEVEN DOLLARS
AND ZERO CENTS ($765,557.00) for use by the SUBRECIPIENT, during the term of the
Agreement (hereinafter, shall be referred to as the Funds).
* * * * *
1.7 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, personal delivery, or sent by facsimile or other electronic means. Any notice
delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and
other written communications under this Agreement shall be addressed to the individuals in the
capacities indicated below, unless otherwise modified by subsequent written notice.
COLLIER COUNTY ATTENTION: Judy SizenskyZuleyka Garay, Grant Coordinator
Collier County Government
Community and Human Services Division
3339 Tamiami Trail East, Suite 213
Naples, Florida 34112
Email:Judy.Sizensky@CollierCountyfl.gov
Zuleyka.Garay@Colliercountyfl.gov
Telephone: (239) 252-2590
* * * * *
[Signature Page to Follow]
CAO
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[23-SOC-01074/1808523/1] The Shelter for Abused Women and Children, Inc.
CD22-02
Roof Replacement-Phase I and/or Phase II Page 4
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:
CRYSTAL K. KINZEL, CLERK
______________________________
, Deputy Clerk
Dated:_________________________
(SEAL)
AS TO COUNTY:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By: ___________________________________
RICK LOCASTRO, CHAIRPERSON
Date: _____________________________
AS TO SUBRECIPIENT
THE SHELTER FOR ABUSED WOMEN &
CHILDREN, INC.
By:____________________________________
Linda Oberhaus, CEO
Date:________________________________
[Please provide evidence of signing authority]
WITNESSES:
Witness #1 Signature
Witness #1 Printed Name
Witness #2 Signature
Witness #2 Printed Name
Approved as to form and legality:
____________________________________
Derek D. Perry
Assistant County Attorney
Date:________________________________
CAO8/11/202316.D.1.b
Packet Pg. 1418 Attachment: [1808523] SAWCC CD22-02 First Amendment -DDP Cert (26309 : SAWCC Design and Installation of Roof)